Fry & Elder Tulsa Law Firm

Divorce, Child Custody, Protective Orders, Criminal Defense

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Tulsa, OK Law Firm
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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 Again Included in Best Oklahoma Law Firms Neighborhood

The U.S. News & World Report knows where to look for greatness. Whether its “Best Colleges,” “Best Hospitals,” or, in the case of Fry & Elder, “Best Oklahoma Law Firms,” the esteemed publication knows exactly where to go to evaluate excellence for 30 years and counting.

Best Oklahoma Law Firms

With that in mind, it wasn’t at all surprising that Fry & Elder found itself squarely on the U.S. News & World Report’s 2019 “Best Law Firms” List when the highly-anticipated directory was publicly unveiled on Nov. 1.

For Fry & Elder, it marks the sixth consecutive year the elite Tulsa law firm has been regarded as one of the Best Oklahoma Law Firms.

“It is a very significant award and achievement,” James R. Elder said. “We have established a culture over the years at this firm in which excellence is the expected level with which we operate for our clients and ourselves.

“To have that ideology identified and reinforced by a global media outlet like the U.S. News & World Report for a sixth consecutive year feels great.”

Spot in Best Oklahoma Law Firms Neighborhood Difficult to Obtain

Membership in the U.S. News & World Report’s Best Law Firms List is not easy. This year’s marks the ninth consecutive year the publication has used a tiered ranking system to rank law firms.

Of the 14,643 law firms reviewed from across the nation by the U.S. News & World Report, only 2,118 firms were selected for inclusion by the publication.

Fry & Elder was ranked as a Metropolitan Tier 1 for Family Law in Tulsa – the highest ranking a firm can achieve in a particular practice area.

As stated in a release by U.S. News & World Report and Best Lawyers®:

“The U.S. News – Best Lawyers® “Best Law Firms” rankings are based on a rigorous evaluation process that includes the collection of client and lawyer evaluations, peer review from leading attorneys in the field, and review of additional information provided by law firms as part of the formal submission process. To be eligible for a 2019 ranking, a law firm must have at least one lawyer recognized in the 24th Edition of The Best Lawyers in America list for that particular location and specialty.”

Robert G “Hap” Fry Jr. was named to Best Lawyers® for a ninth consecutive year this past August and was selected as the Best Lawyers® Lawyer of the Year for Family Law in Oklahoma 2016.

Fry & Elder’s selection to the 2019 Best Law Firm List comes less than a month after firm attorneys Lorena Rivas, Aaron D. Bundy, Luke Barteaux and Fry were recognized as 2018 Super Lawyers® honorees.

Best Oklahoma Law Firms

Experience the Fry & Elder Difference

Whether you or someone you know needs legal assistance in family law, immigration law, criminal defense or with a personal injury claim, Fry & Elder has the team in place to help you best navigate through your legal situation.

As one of the Best Oklahoma Law Firms, Fry & Elder’s team of attorneys are some of the most decorated in the state and include the following:

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

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.

Divorcing a Control Freak in Oklahoma Requires Strategy

It has been well documented that divorcing a narcissist can be a very difficult obstacle to overcome. With that said, divorcing a control freak in Oklahoma presents a whole new bag of issues and challenges for many individuals, as a “my way or the highway” attitude is the calling card of many control freaks.

Divorcing a control freak in Oklahoma

Simply put: this is not the type of mindset any party should be subjected to in what is supposed to be a shared and committed relationship.

If you or someone close to you is trying to end a relationship with a control freak, our experienced and accomplished team of Tulsa divorce attorneys at Fry & Elder empathize with the challenges you are facing and wish to offer some strategies to incorporate when divorcing a control freak in Oklahoma.

Self-Preservation is a Must

If you have been involved in a serious relationship with a control freak, chances are your self-esteem has taken a hit. This, however, should not be the case.

By seeking to end the toxic relationship, you have taken arguably the biggest step in reclaiming your life.

Keep moving forward.

Seek out friends and family to interact with and lean on, particularly during rough times. Think about trying out different activities such as taking up CrossFit, a cooking class or attending a Meetup group which will allow you to further showcase your individualism and newfound independence.

Tulsa immigration law

Document Everything

Whether you are divorcing a narcissist or a control freak, it is important that you keep records of all correspondence, including text messages, emails, voicemails and social media messaging/posts. This will help you further validate and reinforce your ex’s controlling patterns.

Documentation could also be particularly useful to your attorney when he or she advocates for you in court or in mediation.

Establish Boundaries

This likely won’t be easy, but establishing boundaries will be vital in your quest to terminate a relationship with a control freak.

One boundary you could establish would be to limit correspondence to only one communication channel (email) to correspond with your ex. You may even want to take it a step further and limit communication with your ex to just one day per week.

If you have children, another boundary you likely would want to implement would be to have a neutral pickup and drop-off location that’s open to the public so that you have witnesses should your ex act hostile toward you.

Annual Association of Family and Conciliation Courts Conference

Understand the Core Issue Behind a Controlling Personality

In establishing boundaries and limitations, it is important to understand that at the root of most control freaks are deeply-rooted issues with anxiety.

As Psychology Today pointed out in a 2015 article:

“While there are some out there who are controlling because they are into power or feel entitled and expect the world to go their way, for most controlling people it’s all about anxiety. Control is a bad solution—but it’s not the problem.

“Often such people grew up in chaotic environments, or with anxious or even abusive parents. As children they walked on eggshells, looking over their shoulders. To cope, they became hypervigilant—always on alert, always anticipating problems.”

Why the Need for an Experienced Attorney When Divorcing a Control Freak in Oklahoma

Divorcing a control freak in Oklahoma or anywhere else presents a difficult set of challenges, making it all the more imperative to consult with an experienced Tulsa divorce attorney as soon as possible.

Fry & Elder’s team of family law attorneys are some of the most decorated in the state and include the following:

Fry & Elder has also been named to the U.S. News & World Report’s Best Law Firms List each of the past five years.

Contact Fry & Elder today to set up a personal consultation with an established and experienced Tulsa divorce attorney.

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. He is a highly skilled Tulsa protective order defense attorney.

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 Tulsa protective order ruled as frivolous.

Tulsa protective order defense attorney

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.

Tulsa Protective Order Defense Attorney Explains Protective Orders

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 a Tulsa 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, and personal injury law. The firm and its attorneys have been the subject of 36 articles by various Oklahoma media outlets since 2014.

Although Fry is considered an elite Tulsa protective order defense attorney, the firm’s lineup of attorneys is are all well experienced. They include:

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 Tulsa protective order defense attorney.

Why A Qualified Domestic Relations Order Is Important In A Divorce

If you are contemplating or are on the brink of going through a divorce, and you want to ensure that you will receive your Erisa-qualified retirement assets, you would be wise to have a Qualified Domestic Relations Order prepared by an experienced and knowledgeable team of Tulsa family law attorneys.

Qualified Domestic Relations Order

Below are a few answers to some of the more commonly asked question about Quality Domestic Relations Orders or QDROs from the Tulsa family law firm of Fry & Elder.

What is a Qualified Domestic Relations Order and why the need for one?

The fact of the matter is going through a divorce is difficult enough without the added pressure of dividing retirement funds. If a premarital agreement was not written up then generally any assets that have been acquired by either party during a marriage are considered marital. Things like contributions to a retirement plan by the employee or employer are included.

QDROs are important documents because they are required for things for 401(k)s, pensions, 403(b)s and some other retirement plans that you might have set up with your company.

Why consult with an experienced family law attorney to draft out a Qualified Domestic Relations Order?

Like a lot of things associated with divorce and specifically the financial aspects of divorce, QDROs are more complex than you might initially think.

While there are some outlets that include model language on how a QDRO should be written up, an experienced family law attorney will help minimize the risks of any potential errors. This is all the more important through the review and approval process before you hand it over to the court to be signed as an order and ultimately get it incorporated into the Final Judgement of Dissolution of Marriage.

Experience the Fry & Elder Difference

Since 1932, the name Fry & Elder has been synonymous with Oklahoma legal excellence.

The firm has been named to highly-regarded U.S. News & World Report’s Best Law Firms List each of the past five years and its attorneys include the following:

As you can see, the division of retirement assets during a divorce can be tricky and time consuming, making it all the more important to utilize the services of a well versed Tulsa family law attorney, particularly to make sure that everything is properly divided through the implementation of a well thought out Qualified Domestic Relations Order.

Contact Fry & Elder today to get started on your Qualified Domestic Relations Order.

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