Fry & Elder

Tulsa Family Law Firm Focusing on Divorce, Child Custody & Litigation

Tulsa, OK Law Firm
918.585.1107

Top Tulsa Law Firm Lands Trio of Talented, Experienced Attorneys

There is a buzz permeating within the walls at 1630 S. Main Street which has been both constant and reassuring for a top Tulsa law firm.

Fry & Elder’s stature as one of the best Tulsa law firms has been further reinforced by the arrival of three proven trial lawyers in 2019.

Top Tulsa Law Firm

James Morton, Mary McMillen and Sara Schmook joined Fry & Elder in February, March and April, respectively, this year and have brought an enthusiastic nose-to-the-grindstone approach to the decorated Tulsa law firm which is seeking to be named to the U.S. News & World Report’s Best Law Firms List for a seventh consecutive year in 2020.

“They have been a breath of fresh air,” Robert G “Hap” Fry Jr. said of the trio. “I have known (James) for a long time and have had discussions about him joining the firm for the past 15 years. The timing just wasn’t right until this year, so I am very happy to have him on board. He’s the real deal.

“Mary and Sara each came here very highly recommended and have been extremely impressive thus far. I think what stands out the most about them is their maturity and desire to not just improve as attorneys but to approach practicing law in the right manner.”

Fry & Elder’s New Trio Brings Variety of Legal Experience, Skills to Top Tulsa Law Firm

Family law has been the legal focus of many attorneys at Fry & Elder, and it will also be a point of emphasis for Morton, McMillen and Schmook.

Though all the three trial lawyers have numerous experiences handling complicated and high-stakes divorce, child custody, child support cases, each of the three attorneys adds a unique legal skill-set complementary to the top Tulsa law firm.

Morton joined Fry & Elder in early 2019 and has over 30 years of domestic relations experience, making him the most seasoned attorney with the firm next to named partners James R. Elder and Fry.

Standout immigration attorney Lorena Rivas, who attended law school with McMillen and Schmook, is the Fry & Elder’s other decorated partner.

“I’ve done thousands of trials over the years, but the only way to really get comfortable in the courtroom is by being behind your desk and doing your homework,” James Morton said. “Each of my clients’ cases feature its own unique set of circumstances and challenges. I make it a point to really listen to my clients and work with them to develop a strategy to present the best possible outcome.”

In addition to her legal prowess in family law, McMillen is considered a rising star among Tulsa appellate attorneys.

McMillen has successfully argued and advocated for her clients in the Oklahoma Courts of Criminal and Civil Appeals.

Her success as a criminal defense attorney comes from understanding the intricacies of criminal procedure and not being afraid to push the State to meet its burden of providing all the elements of a crime beyond a reasonable doubt.

“Appellate work has always excited and challenged me,” Mary McMillen said. “It is unique in that you are taking on a case or issue with a fresh perspective and then you develop a new game plan to provide the best legal outcome possible.”

As a licensed CPA, Schmook adds a unique dynamic to the firm.

Not only is her legal practice tailored to focus on specific Oklahoma legal financial services such as guardianships, probates, estate planning, business formations and applications to the IRS for 501 (c)(3) not for profit organizations. She also is an excellent choice for clients going through a high-asset divorce.

“Quite often, there are a lot of financial implications which come in to play with complex divorces, particularly if there are a number of assets being disputed which need to be divided,” Sara Schmook said. “Fry & Elder has been a name that has carried a lot prestige to the sphere of Tulsa family law over the years so I am very excited to be with the firm.”

Before his move to 1630 S. Main Street in January, Morton said he had previously moved just two other times during his 30-year career. Shortly after his third career move, it didn’t take long for Morton to feel at home at Fry & Elder and declare his moving days to be behind him.

“I’ve only moved three times in my career,” James C. Morton said. “I have no intention of picking up my desk and moving my computer again. Fry & Elder has developed a tremendous reputation in all facets of family law over the years. This is a firm where my skills and experience can be best put to use.”

To set up a personal consultation with Morton, McMillen or Schmook, contact Fry & Elder today.

Fry & Elder’s “Tulsa Super Lawyers” Continue to Shine

Tulsa Super Lawyers are in abundance at 1630 S. Main Street.

Tulsa Super Lawyers

The highly-reputable legal publication Super Lawyers® unveiled its list of 2018 honorees, and Fry & Elder was again well represented.

Fry & Elder’s Robert G “Hap” Fry Jr., Aaron D. Bundy, Lorena Rivas and T. Luke Barteaux were each selected for inclusion.

This year marks the 12th consecutive year Fry has designated as Super Lawyer for family law, while Bundy (2013-18), Barteaux (2014-18) and Rivas (2018) were each selected as Super Lawyers Rising Stars.

“Very, very pleased with how well our firm is represented,” Fry said. “Each are extremely accomplished and very deserving. I’m particularly thrilled for Lorena. She’s been a vital part to our firm’s success these past few years and has been worthy of recognition since she joined Fry & Elder (in 2015).

Super Lawyers Selection Further Validates Big Year, Stellar Career for Rivas

For Rivas, 2018 marks her first year to garner Super Lawyers accolades, but as Fry alluded to, Rivas has distinguished herself as one of Tulsa’s top immigration attorneys for quite some time.

She was the recipient of the 2018 Fern Holland Award which is annually given to a lawyer who advocates for human rights or the empowerment of women, and Rivas has traveled to Washington D.C. multiple times to meet with legislators to discuss immigration law reform and improved policies.

Rivas was additionally recognized in 2016 by the Tulsa Business & Legal News as being one of the city’s most accomplished professional women with their annual Women of Distinction Awards.

On multiple occasions, the prominent Tulsa immigration attorney has shared her powerful testimony on what led her into immigration law on multiple occasions and continues to looked at as an authority figure in immigration law.

“Super Lawyers is one of the most esteemed publications in our profession so I am very thrilled to be selected,” Rivas said. “It’s always an honor to receive recognition – be it from a client, colleague or publication such as Super Lawyers.”

Tulsa Super Lawyers

Super Lawyers Selection Process Second to None

What helps set Super Lawyers apart from other legal publications is its highly-regarded selection process. Only the best 5 percent of attorneys in a specific practice area are selected as Super Lawyers, while 2.5 percent of lawyers in a given practice area are chosen as Rising Stars.

The Super Lawyers website says the selection process is as follows:

“Super Lawyers selects attorneys using a patented multiphase selection process. Peer nominations and evaluations are combined with independent research. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. Selections are made on an annual, state-by-state basis.

“The objective is to create a credible, comprehensive and diverse listing of outstanding attorneys that can be used as a resource for attorneys and consumers searching for legal counsel. Since Super Lawyers is intended to be used as an aid in selecting a lawyer, we limit the lawyer.” ratings to those who can be hired and retained by the public, i.e., lawyers in private practice and Legal Aid attorneys.”

Tulsa Super Lawyers

Fry & Elder Tulsa Super Lawyers to Continue Momentum

The honors and accolades for Fry & Elder do not figure to stop any time soon in 2018. The prestigious Oklahoma law firm is vying to make the U.S. News & World Report’s Best Law Firms List for a sixth consecutive year.

The U.S. News & World Report will unveil its list on Nov. 1.

Fry, meanwhile, continues to be recognized for his 50th year of practicing law. He was recently recognized by the Tulsa County Bar Association during its Annual Awards Banquet in August for 50 years of membership with the TCBA.

“It always feels great to be recognized by your peers and colleagues,” Fry said. “Honors and awards such as these are never taken for granted. The firm and myself are very appreciative.”

Contact Fry & Elder to set up a personal consultation with a team of Tulsa Super Lawyers.

Bundy, Rivas Among Seminole County Las Vegas CLE Headliners

Seminole County has found a home away from home in Clark County.

For the 12th consecutive year, the Seminole County Bar Association held its annual and highly-regarded Continuing Legal Education (CLE) seminar in Las Vegas earlier this month.

Aaron Bundy Las Vegas CLE presentation

And just as he has the previous two years, Fry & Elder trial lawyer Aaron D. Bundy made the journey out to the desert. This time around, the prominent Tulsa attorney was joined by Fry & Elder immigration law attorney Lorena Rivas at the Seminole County Bar Association’s 12th Annual Las Vegas CLE.

The two decorated Fry & Elder trial lawyers combined to present for 3 of the 7 hours of the CLE credit offered during the yearly seminar held at the Golden Nugget Las Vegas Resort and Casino.

“Judge Tim Olsen and the Seminole County Bar Association absolutely run a first-class event,” Bundy said. “I’ve been fortunate enough to be asked to present the past three years, and the conference just gets better and better every year. It’s an absolute honor to be invited to present. I always look forward to the opportunity to attend their CLE event.”

The Intersection of Immigration Law with Family Law & Criminal Law Highlights Las Vegas CLE

It is not surprising that Bundy continues to be recruited to present at the event. Over the years, Bundy has established himself as one of the most sought-after speakers in Oklahoma on a variety of CLE topics.

Bundy whose practice at Fry & Elder is focused on family law, criminal defense and personal injury, was the co-recipient of the 2017 Earl Sneed Award for his significant and outstanding continuing legal education contributions.

The AV-rated and Super Lawyers® decorated attorney presentation was titled: “The Intersection of Immigration Law and Family Law.”

“Family law matters often intersect with a number of different legal practice areas, including criminal law and immigration law,” Bundy said. “Immigration law is a hot-topic issue right now which affects a lot of families.”

Lorena Las Vegas CLE presentation

Also a highly-regarded speaker, Rivas picked an excellent year to attend her first Seminole County Bar Association Las Vegas CLE.

As Bundy alluded to, immigration law practices are a major issue of discussion and Rivas is widely considered to be an authority figure in Oklahoma immigration law.

Four of the five seminar sessions offered at the Las Vegas CLE conference focused on immigration law, including Rivas’ seminar titled: “An Overview of the Immigration Affirmative Process – What Every Practitioner Should Know.”

Rivas, the 2018 Fern Holland Award Winner, also presented on “The Intersection of Immigration Law and Criminal Law.” All total, the accomplished Tulsa immigration attorney presented for two hours at the event.

“Aaron has always spoken so highly of this event and how good a job Judge Olsen and the Seminole County Bar Association do with it,” Rivas said. “It was a fantastic seminar and a great opportunity for me discuss immigration law with some very respected and distinguished legal minds. I am very thankful for the opportunity to present.”

Judge Olsen was pleased to have both Bundy and Rivas on board this year in Las Vegas.

“Our CLE had an immigration law theme this year, and Lorena’s presentation was very informative for the general practitioner,” Judge Olsen said. “She is obviously well versed in the subject area and is excellent at presenting it in a way that is easy to understand.

“Aaron focused on immigration and family law issues. As always, he was very prepared and presented the materials in a professional and entertaining manner.”

Experience the Fry & Elder Difference

Bundy and Rivas are just two of many decorated attorneys with Fry & Elder. The firm has been named to the U.S. News & World Report’s elite Best Law Firms list each of the past five years and its team of attorneys include:

Contact Fry & Elder today to set up a personal consultation with a skilled and experienced Oklahoma trial lawyer.

Fry & Elder Back In Business At Robert G Fry Jr. Center for Trial Studies

The Robert G Fry Jr. Center for Trial Studies is re-open for business.

Robert G Fry Jr. Center for Trial Studies

The elite Tulsa law firm of Fry & Elder will be moving back to its former 1630 S. Main Street Tulsa location, the Robert G Fry Jr. Center for Trial Studies, where it resided for two brief but memorable years from 2015-2017 by the end of the month.

“Very happy to be moving back to the 1630 location,” Robert G “Hap” Fry Jr. said. “From a financial perspective, moving back to this location makes the most sense. I feel the greatest advantage, however, for me is that I will be able to see everyone daily just walking down the hall. I believe our culture will be much stronger at this location which is vital to the success and morale of any workplace. It will feel much more like home.”

Fry & Elder, which has been named to the illustrious U.S. News & World Report’s Best Law Firms List for five consecutive years, will continue to feature an acclaimed lineup of attorneys who have won many awards and accolades during their legal careers.

Joining Fry at the 1630 S. Main Street location will be James R. Elder, Aaron D. Bundy, Lorena Rivas, T. Luke Barteaux, Katie Egan, Amy Page and Ruth Calvillo.

Fry & Elder’s talented legal support team of Joyce Caldwell, Judy Willits, Allison Smith, Kathy Keener, Rosie Renteria, Esther Salas and Amy Figueroa will also relocate with Fry & Elder’s experienced team of attorneys at 1630 S. Main Street.

The group is so respected and accomplished in the legal community that Caldwell and Willits were the subject of a recent feature story by the Tulsa Business & Legal News.

“We all work well together and respect one another’s talents and abilities,” Barteaux said. “I think we are all excited to begin a new chapter at Fry & Elder.”

The vaunted Tulsa law firm will return to 1630 S. Main Street riding a tidal wave of legal momentum.

Rivas has solidified herself as one of the premier Oklahoma immigration law attorneys and was the 2018 recipient of the prestigious Fern Holland Award.

Now in his 50th year of practice, Fry remains one of the best and most established Tulsa divorce attorneys. He is one of only 19 attorneys in the state to be a Fellow of the American Academy of Matrimonial Lawyers and was the 2016 Best Lawyers® Lawyer of the Year for Family Law in Oklahoma. Fry was also a Significant Sig Award Winner in 2017.

Barteaux became the firm’s first and only attorney to be sworn in as a judge when he was appointed Cherokee Nation District Judge in 2017. He was reappointed by the Cherokee Nation Tribal Council in February of 2018.

Bundy was the co-winner of the 2017 Earl Sneed Award, while Page is the 2018 Tulsa County Bar Association Family Law Section Chair, and the 2018 and 2019 OBA FLS CLE Chair.

All total, Fry & Elder features four lawyers who have garnered Super Lawyers® accolades and three AV-Rated attorneys. Contact Fry & Elder today to set up a personal consultation with a proven and experienced Tulsa attorney at the Robert G Fry Jr. Center for Trial Studies.

Fighting A False, Frivolous Oklahoma Protective Order

Long before Robert G “Hap” Fry Jr. became a distinguished Tulsa family law attorney, he served as the Chief Public Defender for Tulsa County. The skills Fry acquired as a criminal defense attorney certainly have not diminished.

Fry not only successfully defended a client from a protective order, the sought-after divorce attorney was able to turn the tables on the petitioner and have the Oklahoma protective order ruled as frivolous.

Oklahoma protective order

The court stated:

“The court finds Petitioner filed this Protective Order action against Defendant to ‘retaliate’ against Petitioner’s wife and her family and to cover and distract from his own violations of the emergency protective order then in effect against him. The Court finds Petitioner filed the instant protective order action frivolously and no victim exists.”

This ruling opens the door for the Respondent (defendant) to secure attorney fees against the Petitioner, which Fry said his client fully intends to do.

“It’s an unusual case, which has a lot of moving parts,” Fry said, “A request for a frivolous ruling from the court is unusual, primarily because most people don’t know that it is available and must be alleged in a response to an emergency protective order.”

Oklahoma Protective Orders Trending Up

Oklahoma protective orders are on the rise. The Tulsa World reported in 2017 that protective orders in Tulsa County “doubled from 2015 and 2016.”

As an acclaimed Oklahoma law firm, which has been named to the U.S. News & World Report’s elite Best Law Firms List every year since 2014, Fry & Elder understands the significant importance protective orders have as a legal boundary for victims to protect themselves against psychological and physical abuse.

However, there also are times when protective orders might be abused.

Protective orders intersect family law with criminal law. Though not always the case, protective orders can be misused as a means for a spouse or family member to get you out of the house or to get emergency custody of children.

Fry & Elder’s experienced team of Oklahoma family law and criminal defense attorneys want you to know that the ramifications of having a protective order filed against you can be detrimental.

Below is some information you need to know about Oklahoma protective orders.

What is a Protective Order?

Protective orders in Oklahoma are defined and governed by the “Protection from Domestic Abuse Act.” Protective orders are typically entered against a family or household member when a victim has experienced or feels a threat of:

  • Domestic violence
  • Harassment
  • Stalking
  • Sexual assault

There are two types of protective orders which can be filed in Oklahoma: an emergency ex parte order of protection and a final or permanent order of protection.

What Having an Oklahoma Protective Order Filed Against You Means?

Having a protective order filed against you can have very serious consequences which can potentially affect your parenting rights and employment opportunities.

Once a protective order has been served, the defendant may not have contact with the person protected by the order until the protective order is lifted. Violation of a protective order can result in criminal charges.

Oklahoma protective orders are initially heard on an “ex parte” basis, which means the defendant (the person who is accused of abuse, stalking, or harassment) has no opportunity to be heard or to challenge the protective order when it is first filed. When the protective order is granted, a court hearing date is set by the judge and the protective order petition, order, and notice of the hearing is set for service upon the defendant. A trial will be held at that set date and time to determine if a protective order is necessary.

If a permanent protective order is granted there is a chance you could lose your job and your professional license in certain circumstances. You also will no longer be legally allowed to possess or transport a firearm.

Protective orders are serious and the violation of a protective order can bring about even greater consequences.

What are the Consequences of Violating an Oklahoma Protective Order?

If you have had a protective order filed against you, it is important that you understand the serious nature of it and contact a proven Oklahoma protective order defense attorney to help you challenge it. Violation of a protective order can result in the following:

  • 1st offense: misdemeanor, up to one year in jail and a fine of up to $1,000
  • 1st offense resulting in injury: misdemeanor, 20 days to one year in jail and a fine of up to $5,000
  • 2nd offense: felony, 1 to 3 years in prison and a fine of $2,000 to $10,000
  • 2nd offense resulting in injury: felony, 1 to 5 years in prison and a fine of $3,000 to $10,000  

Oklahoma alimony support

Why Experience the Fry & Elder Difference

With roots dating back to 1932, Fry & Elder has long epitomized Oklahoma legal excellence in family law, criminal law, immigration law and personal injury law. The firm and its attorneys have been the subject of 36 articles by various Oklahoma media outlets since 2014.

The firm’s lineup of attorneys is comprised of:

Among the many titles and accomplishments Fry & Elder trial lawyers have recently collected include the following:

If you think you have been the victim of a false or frivolous Oklahoma protective order, we encourage you to contact Fry & Elder as soon as possible to set up an immediate consultation with a proven Oklahoma protective order defense attorney.

Tulsa Immigration Attorney Rivas’ Feats Net Spotlight

Lorena Rivas just might have become the most publicized attorney in Tulsa County. The acclaimed Tulsa immigration attorney was the subject of not just one but two profile pieces on consecutive days — March 26 and March 27 – by the Tulsa Business & Legal News.

“It was a little surprising and a little flattering,” Rivas said. “I spoke with one of the reporters a couple of weeks ago, so I knew he was working on something and then I heard from the other reporter and knew she also was working on a story.  I thought they both did a good job.”

Tulsa immigration attorney

Tulsa Immigration Attorney to Receive Prestigious Fern Holland Award

Rivas was spotlighted by Sharon Bishop-Baldwin in Tuesday’s TB&LN for being named the 2018 Fern Holland Award Winner.

Presented by the TU College of Law’s Women’s Law Caucus, the honor is given to a lawyer who advocates for human rights or the empowerment of women which Rivas has valiantly done since graduating TU College of Law in 2012. Rivas will be presented with the award during a banquet Thursday at The Pearl District Building.

Holland attended TU Law and was a practicing Tulsa attorney before joining the Peace Corps and then working for the Coalition Provisional Authority during the Iraq Conflict to fight for women’s rights and to help Iraqis establish a democratic government.

Described as a “doer not a doubter,” Holland’s efforts and legacy are well documented. She became the first American civilian to be killed in the Iraq Conflict when the Bluejacket native and 2004 Oklahoman of the Year was tragically shot by Iraqi insurgents dressed as Iraqi police on March 9,2004.

Rivas has this to say about Holland in the article:

“She was an amazing individual. She was willing to lose her life while fighting for a very worthy cause and the voiceless. I hope that when I’m gone, people will look at my life and think something similar: ‘She was willing to tell the stories of the voiceless and fight for them.’ In my case, it’s immigrants.”

The article examined Rivas’ immigration law background, which the highly-regarded Tulsa immigration attorney so eloquently explained to a captivated crowd this past fall at the University of Central Oklahoma.

The article also discussed some of the challenges Rivas faces in today’s immigration law climate, yet that she continues to have hope that immigrants will remain resilient.

“… I do see good things on the horizon for immigrants in the U.S., and this is all because I believe in the power of immigrants. The current political climate has not only stirred and awakened hateful voices, but it also has stirred and awakened the hopeful and persistent voices of everyday immigrant-rights activists.

“This country was founded by revolutionists and immigrants. They have shown time and time again they will persist and win.”

Tulsa immigration attorney

Leading Tulsa Media Outlet Also Reports on Rivas’ Visit to Nation’s Capital

The Tulsa Business & Legal News also sent longtime legal reporter Ralph Schaefer out to report on Rivas’ recent trip to Washington D.C. where she attended the Hispanic National Bar Association 2018 Advocacy Day and met with legislators to advocate for DACA (Deferred Action for Childhood Arrivals).

The article highlighted Rivas’ meeting with Oklahoma Rep. Steve Russell, who is supportive of the Dreamers, and of a growing frustration that a long-term solution and path toward citizenship may not be available in the foreseeable future.

Said Rivas:

“Even though some congressional members want a more permanent solution, I think they will have to give into a temporary fix until after the mid-term election this year and after the next presidential election.

“… “I tell clients to hold on to the hope for a solution and talk to their congressman/ I also tell them to tell people who are active and willing to express their voices that they need help. I also tell them that as long as they don’t get into serious problems, don’t get into bad situations and don’t get a criminal arrest, they should be OK.”

Tulsa immigration attorney

Respected Tulsa Immigration Attorney One of Several Fry & Elder Attorneys to Garner Media Attention

That Rivas was the primary subject of back-to-back articles by an Oklahoma media outlet is not all that surprising.

Fry & Elder and its decorated team of attorneys are actually quite used to the spotlight.

All total, Fry & Elder and the firm’s attorneys have been profiled a staggering 35 times since 2014, including five times this year so far.

Schaefer, a 2017 Oklahoma Journalism Hall of Fame inductee, has made his way to the Fry & Elder offices on numerous occasions, as have several other highly-regarded Oklahoma journalists and media outlets.

“We really appreciate all that they do for the Tulsa legal community,” Rivas said. “They don’t really have the easiest job, but they work hard and do a good job keeping the public informed.”

Below are the links to the 35 articles written about Fry & Elder.

Prestigious Tulsa Law Firm No Stranger to Awards, Accolades

The 2018 Fern Holland Award is just the most recent honor for the decorated Tulsa immigration attorney. In 2016, Rivas was also recognized by Tulsa Business & Legal News as being one of the city’s most accomplished professional women with their annual Women of Distinction Awards.

The leading Tulsa immigration attorney is one of several Fry & Elder attorneys to singled out for their significant legal contributions, which has helped the firm be named to the U.S. News & World Report’s Best Law Firm’s List every year since 2014. The elite Oklahoma law firm’s attorneys include the following:

Contact Fry & Elder Tulsa or Fry & Elder Oklahoma City today to set up a personal consultation with Rivas or another one of the firm’s experienced trial lawyers.

Elite Tulsa Law Firm Has Always Fought For Wrongfully Accused

As an elite Tulsa law firm with roots dating back to 1932 when C. Lawrence Elder began trying cases in Oklahoma courtrooms, Fry & Elder has achieved no shortage of legal feats.

Elite Tulsa Law Firm

The nationally-acclaimed firm’s trial lawyers have donned multiple legal hats, taken on many leadership positions and received numerous honors over the past 86 years. Fry & Elder’s attorneys actively practice Oklahoma family law, immigration law, criminal law and personal injury law cases.

One legal role no Fry & Elder trial lawyer, however, has played in the elite Tulsa law firm’s illustrious history has been that of a prosecutor.

“That is a point of pride for us, especially in criminal defense work” Fry & Elder trial lawyer Aaron Bundy said. “The entire careers of every lawyer working here at Fry & Elder have been dedicated to helping individuals, including fighting for the wrongfully accused.”

Bundy and fellow Fry & Elder trial lawyer and partner M. Shane Henry focus much of their respective practice areas on criminal defense work, including protective orders, federal criminal defense, bullying and DUI.

“I think with all of the technology and media coverage in place today, it is now easier than ever before for the court of public opinion to presume the accused is guilty and not innocent,” Bundy said. “But the judicial system has and will continue to operate under the presumption that one is innocent until proven guilty.”

Elite Tulsa Law Firm

Fighting for the Wrongfully Accused Often Comes with Prosecutor Bias

In 2017, Bundy and Henry traveled to New Orleans, Louisiana for the National Association of Criminal Defense Lawyers® 2017 Midwinter Meeting & Seminar where the two AV-Rated attorneys listened in as legendary criminal defense mastermind Barry Scheck presented.

Perhaps no other attorney is more well-versed in advocating for the wrongfully accused than Scheck. He co-founded the Innocence Project which has exonerated innocent, yet wrongfully convicted individuals like Michael Morton.  

Morton was released from prison in 2011 after serving nearly 25 years in prison after he was wrongfully convicted of his wife’s murder.

Morton publicly unveiled his remarkable and tragic story in his book “Getting Life: An Innocent Man’s 25-Year Journey from Prison to Peace” which also documented the unethical work of prosecuting attorney Ken Anderson.

Anderson was arrested and jailed after a court of inquiry found that the Morton’s former prosecutor had failed to “provide defense lawyers with exculpatory evidence indicating that another man might have killed Morton’s wife, including information that his 3-year-old son witnessed the murder and said his dad was not home at the time.”

Unfortunately, Anderson’s tale is not the only example of prosecutor immorality. As The Hill reported in a 2017 article:

“Traditionally, prosecutors are seen as measuring success in terms of convictions, plea bargains or the amount of punishment exacted.”

Titled “Criminal justice reform starts with the prosecutor,” the piece discussed how some 24 prosecutors from across the country met to discuss changes to their roles in the criminal justice system.

Adam Foss is an assistant district attorney in Suffolk County, Massachusetts had this to say: “Prosecutors are the most powerful actors in the criminal justice system. Our power is virtually boundless.”

When discussing the mindset of many prosecuting attorneys, Foss added this insight:

“For the most part, prosecutors step on the job with little appreciation of the impact of our decisions, regardless of our intent. Prosecutors aren’t really incentivized to be creative. … We stick to an outdated method that is counterproductive to achieving the goal that we all want, which is safer communities.”

Elite Tulsa Law Firm Attorneys Who Will Fight for You

If you are investigated or charged with a crime, you will need to contact an experienced criminal law defense attorney. Should you decide to contact Fry & Elder, you can have the peace of mind that no lawyer at the firm has ever worked on behalf of the government to accuse people of crimes

Furthermore, the elite Tulsa law firm has been named to the U.S. News & World Report’s Best Law Firm’s List every year since 2014. The renowned law firm’s lineup of attorneys includes the following:

Contact Fry & Elder Tulsa or Fry & Elder Oklahoma City today to set up a personal consultation with a proven trial lawyer who will aggressively fight for you in and out of the courtroom.

Experienced Tulsa Divorce Lawyer Fry Holds Unique Seminar

As an experienced Tulsa divorce lawyer with 50 years’ experience, Robert G “Hap” Fry Jr., has no shortage of legal perspective.

That said, the accomplished and experienced Tulsa divorce lawyer continues to embrace and seek out new opportunities to consult with individuals about the dynamics of family law.

Experienced Tulsa Divorce Lawyer

Fry’s newest endeavor landed him in his church of over 50 years – First United Methodist Church – for a three-part seminar on the true cost of divorce titled “Put Me Out of Business.”

The concept for the series, which ran Jan. 11, 18 and 25 at FUMC’s The Culture Lab, stemmed from the first part of Fry’s decades-old philosophy on divorce which focuses on exploring mediation and resolution first.

Fry collaborated with former counselor Hal McBride on the seminar content, and the three-part “Put Me Out of Business” series was the subject of a feature story by Ralph Schaefer in the Feb. 22 edition of the Tulsa Business & Legal News.

“There are many people who might feel like that is hot air coming from a family law attorney, but I ask every prospective client who comes to my office if they have explored all options of resolution first,” Fry said. “A lot of people who make it to my desk have not completely factored in all that divorce entails.  I want them to be aware of what is at stake not just financially but also emotionally.”

Unconventional Approach Nothing New for Experienced Tulsa Divorce Lawyer

That Fry chose to conduct a three-part seminar series seeking to educate young adults and college-age youths on the trials and tribulations of divorce may, on the surface, seem odd. But upon further review of Fry’s storied legal career, it really is not that out of character.

Fry has been a trailblazer of sorts in Oklahoma family law throughout his career. He helped pioneer the efforts of fathers being granted child custody when the “norm” was for the mother to typically gain custody of the child. He was then proactive in embracing and advancing the changes in child support guidelines in the 1980s, presenting CLE seminars on the changes to the Tulsa County Bar Association.

Still, even by his standards, his recent “Put Me Out of Business” seminar series was a little unconventional.

“My firm and myself have helped a lot of people get out of some very toxic relationships and bad situations over the years so I will always believe in the services and help that we are able to provide,” Fry said. “We do a lot of very good work that is needed. But I also want to see relationships last and probably even more so today because of where I am at in life and at this stage of my career. There is an enduring legacy that comes with divorce. You don’t have to make it to my desk.”

Part 1 of the series focused on the legal and financial side of divorce, as well as the emotional toll divorce can have on someone. Part 2 focused on how to build and have a lasting relationship. And Part 3 was a roundtable in which two married couples of 20+ and 50+ years answered questions about their respective marriages.

“I think it really went well, especially considering it was the first time we have held a seminar like this,” said FUMC College and Youth Adult Minister Rebekah Bled. “It was really good for some of our church’s younger members to be exposed to these discussions. The perspective and wisdom provided by Mr. Fry and others is invaluable.  We had one older couple come in to film one of the seminars for their daughter. That really surprised me.”

Experienced Tulsa Divorce Lawyer

Experienced Tulsa Divorce Lawyer at Home at First United Methodist Church

As comfortable as Fry is inside a courtroom, he is even more at home at his church – specifically with his Sunday school class, the Builder’s Class.

“They’re just wonderful people, who have taught me a lot and have helped me get through a lot over the years,” said Fry, who has been with the class for over 40 years. “We are there for each other through the good and the bad. We are each other’s support system.”

In addition to being actively involved in the Builder’s Class, Fry has served as an usher for a number of years and has volunteered in many other capacities for the church.

When Bled came calling for some of the church’s older and more experienced members from a variety of professions to take part in a series of adulting classes for FUMC’s college and youth members, the minister said Fry did not hesitate to commit.

“He told me he had been signing a volunteer sheet for a number of years, but no one ever called him,” Bled said. “He was excited, and I was excited to have him on board.”

It later donned on Bled that she never asked Fry what he did for a living. After the two talked for a bit, she finally got around to asking Fry what line of work he was in. Needless to say, upon learning that Fry was an experienced Tulsa divorce lawyer of 50 years, Bled was a little taken aback.

“I was shocked,” Bled said. “I think he just kind of thought everyone knew what he did, but I didn’t. When he told me, I couldn’t help but think how incredible it is for him to be taking a stand like this when his business is the opposite. Just really impactful to say the least.”

While Fry won’t be leaving his Fry & Elder Maple Ridge office at 1616 S. Main Street anytime soon, he is also not planning to vacate his newfound role at FUMC. Fry said he plans on holding another seminar series this spring at FUMC’s The Culture Lab.

“It’s going to be even better,” Fry said. “I got some really good ideas and learned a lot this first time around. I think the older you get the more some of the assumptions you once held onto fall by the wayside. I enjoy working with young people and am excited to be able to give back to the church in this capacity.”

Barteaux Reappointed As Cherokee Nation District Judge

The Honorable T. Luke Barteaux has been reappointed.

Barteaux, who made Fry & Elder history on May 15, 2017 when he became the firm’s first attorney to be sworn in as judge, was reappointed as a Cherokee Nation District Judge on February 12, 2018 by the Cherokee Nation Tribal Council. His new term will continue until February of 2022.

Cherokee Nation District Judge

“I feel deeply honored to be reappointed,” Barteaux said. “This is a position that is very important to me and one which comes with a lot of responsibility. To be able to continue to serve the Cherokee Nation in this capacity really is quite an honor and one that I hold very dearly.”

Cherokee Nation Tribal Council Speaker Joe Byrd stated in a release that the court has full confidence in Barteaux and that he will only continue to flourish in the position.

“I believe Judge Luke Barteaux has represented the Cherokee Nation well since he took an oath last year to serve the tribe’s court system. Over the next four years as he becomes accustomed to his position, I expect he’ll continue to bring a level of sophistication to our courts.”

Barteaux’s wife Sarah held the Bible when he was initially sworn in as judge in 2017. This time around, it was Barteaux’s mother Lisa who held the Bible as Cherokee Nation Supreme Court Chief Justice John Garrett administered the oath to the Cherokee Nation District Judge.

“They’re the two most important women in my life,” Barteaux said. “I feel very fortunate to be able to include them in the oath of office ceremony.”

Oklahoma law firm

With Fry & Elder since 2011, Barteaux has distinguished himself as an elite Oklahoma family law attorney whose practice areas include divorce/dissolution of marriage, family law litigation, child custody and visitation, modifications, child support, alimony, guardianships, adoptions, collaborative divorce, legal separation, juvenile law, and mediation.

He has been named to Super Lawyers® Rising Stars every year since 2015 and served as the Oklahoma Bar Association Family Law Section Chair in 2016.

“Luke has done a phenomenal job throughout his career as a trial lawyer,” Fry & Elder partner M. Shane Henry said. “He is highly regarded and has taken on a number of leadership positions with the Oklahoma Bar Association. It is an honor to work alongside of him.

Contact Fry & Elder Tulsa or Fry & Elder Oklahoma City today to set up a personal consultation with Barteaux.

Oklahoma Alimony Support No Longer a Tax Deduction in 2019

Changes to Oklahoma alimony support are on the horizon.

Oklahoma alimony support

Under the recently passed Tax Cuts and Jobs Act signed into law by President Donald Trump, alimony (also known at spousal support) will no longer be deductible by the payor and count as income by the recipient. The provisions will not affect divorce decrees and separation agreements entered before Dec. 31, 2018, but those signed after would be impacted.

The Oklahoma alimony support lawyers of Fry & Elder are well aware that ending the 76-year old deduction could drastically impact many divorce settlement negotiations and agreements and are taking a proactive approach in preparing for the imminent changes set to come to Oklahoma alimony support.

“The change in tax treatment will have obvious effects on settlement agreements, as the tax deduction is often an important consideration when crafting a settlement agreement that includes support alimony,” local attorney Amy Page said in an email directed to Fry & Elder attorneys. “We are aware of these effects and are and will continue to be prepared to educate our clients about them as well.”

Oklahoma Alimony Support Defined

Alimony in Oklahoma and most other states is financial support paid by one spouse to another after divorce. Oklahoma alimony terms can be agreed upon by the parties involved or a judge can decide. Spousal support payments typically come in monthly installments but also can be paid in one large lump sum.

Unlike child support, there is no set formula to determine spousal support in Oklahoma. There also is no set time frame on how long a spouse can expect to pay or receive alimony. When determining the amount of spousal support to be paid, the following components often apply:

  • The length of the marriage
  • The health and age of each spouse
  • The mode of living to which each spouse has become accustomed during the marriage
  • Evidence of a spouse’s own income-producing capacity and the time necessary to make the transition for self-support
  • Demonstrated need during the post-matrimonial economic readjustment period
  • The parties’ station in life
  • The earning ability and education of each spouse
  • The parties’ physical condition and financial means

The Potential Impact of the Tax Provisions to Oklahoma Alimony Support

As Amy Page alluded to, changes to the tax treatment of spousal support could be far reaching, particularly at the negotiation table where the ability to use alimony deduction was often a powerful bargaining chip.

With only one year remaining for alimony to be claimed as a deduction, it has been reported that some family law attorneys are advising couples considering divorce to file this year – before the deduction is eliminated.

Politico quoted former American Bar Association Family Law Section Chair Mary Vidas as saying: “Now’s not the time to wait. If you’re going to get a divorce, get it now.”

The reasoning behind Vidas’ recommendation may stem from the fact that with alimony being wiped out as a deduction, more disputes could emerge between the two parties and what they deem as a fair number for spousal support.

“The deduction substantially reduces the cost of alimony payments – for people in the highest income-tax bracket, it means every dollar they spend to support a former spouse really costs them a little more than 60 cents.”

Added Pittsburgh family law attorney Brian Vertz:

“The repeal reduces the bargaining power of vulnerable spouses, mostly women, in achieving financial stability after a divorce.”

Though alimony was historically awarded to the wife, this is not the case anymore. Gender is now irrelevant when determining Oklahoma alimony support, meaning either the husband or wife can receive alimony.

Why Experience the Fry & Elder Difference?

Robert G “Hap” Fry Jr.’s divorce philosophy to “always seek mediation and resolution first, but when a compromise can’t be made to shoot all the bullets you have and throw the empty gun at them” has long been a hallmark of the firm. That said, Fry & Elder has remained proactive in staying up to date with Oklahoma family law practices, including spousal support.

The firm has been named to the U.S. News & World Report’s Best Law Firms List every year since 2014 and Is comprised of an experienced team of family law attorneys which include:

Should you have any additional questions in regards to Oklahoma alimony support or any other family law matter, we encourage you to contact Fry & Elder Tulsa today to set up a personal consultation with a proven family law attorney.