Fry & Elder

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

Tulsa, OK Law Firm
918.585.1107

Best Lawyers® Tabs Leading Tulsa Family Law Attorney for 10th Consecutive Year

The email notification came through around 3 a.m., and Robert G “Hap” Fry Jr., despite having been less than one week removed from an intensive out-patient surgery, quickly assessed the situation and responded to the new potential client inquiry.

Though it took the prospective client a few hours to get back to Fry Jr. – very few can sustain Fry’s around the clock schedule – a connection was eventually made between the two parties and the decorated Tulsa family law trial attorney was promptly retained.

Leading Tulsa family law attorney

It’s a scene that’s played out numerous times throughout Robert G “Hap” Fry Jr.’s illustrious career which has spanned over 50 years and reinforced his commitment to legal excellence.

Best Lawyers® further validated Fry’s reputation as going above and beyond the call of duty when the leading legal publication and unveiled its 2020 listing of Best Lawyers on Aug. 15 and selected Fry for inclusion.

The selection marks the 10th consecutive year Fry has been singled out by the national publication for his prominent work family law and domestic relations which include but are not limited to high-conflict, high-asset divorce, child custody, child support, alimony, modifications and protective orders.

“To be this highly thought of for 10 consecutive years is extremely significant; It is a very big honor,” said Fry, who was named Best Lawyers® Lawyer of the Year for Family Law in Oklahoma 2016. “To be recognized by my peers and colleagues, particularly at this stage in my career, is very humbling and satisfying. Honors such as this are never taken lightly or for granted, and Best Lawyers® is as good of a legal publication as we have in our industry.”

Leading Tulsa family law attorney

Best Lawyers® Selection Process Among the Most Rigorous

That Fry has been listed by The Best Lawyers in America© every year since 2011 is no small feat. The publication is widely viewed as the oldest and most respected peer-review publication in the legal profession.

Much of this has to do with the rigorous selection process Best Lawyers® employs. Lawyers are not permitted to pay any fee to participate in or be recognized by Best Lawyers. As the website states:

“Recognition by Best Lawyers is based entirely on peer review. Our methodology is designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area.

“Best Lawyers employs a sophisticated, conscientious, rational, and transparent survey process designed to elicit meaningful and substantive evaluations of the quality of legal services. Our belief has always been that the quality of a peer-review survey is directly related to the quality of the voters.”

Leading Tulsa Family Law Attorney has Longstanding Commitment to Excellence

Anyone who has worked an ample amount of time with Fry knows that he makes it a priority to respond to messages. It’s something he learned while clerking with Judge Robert D. Simms in 1966 and 1967 in continues to abide by to this day.

In addition to learning the importance of promptly returning phone calls to clients and colleagues, Fry also learned two other constants from Simms which has molded his illustrious career and which he shared in a 2016 Tulsa World article after being named the 2016 Lawyer of the Year for Family Law in Oklahoma by Best Lawyers®.

As Oklahoma Hall of Fame journalist Ralph Schaefer wrote:

“Judge Simms told his young clerk to ‘always be prepared’ when you come into court, and ‘your word is your bond.’

“I deal with other lawyers every day and tell them what I am going to do,” Fry said. “I deal in trust and letters follow on the more complicated cases. Clients are told upfront that if an agreement is reached, they must follow through. If they don’t intend to do that, then they need to get another lawyer.”

The approach has worked without question for Fry. In addition to being a 10-time Best Lawyers® selection, the leading Tulsa family law attorney has been named to Super Lawyers® every year since 2007, is a Fellow of the American Academy of Matrimonial Lawyers and is a Martindale-Hubble AV Preeminent Rated attorney.

Fry’s practice focuses on all of the following Tulsa family law services:

To set up a personal consultation with a proven and responsive leading Tulsa family law attorney, contact Fry & Elder today.

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.

Leading Tulsa Divorce Attorney Fry Makes Best Lawyers List

Speeding around the Go-Kart track at Andy B’s Tulsa with his youngest grandson Clarke riding shotgun, Robert G “Hap” Fry Jr. looked far removed from his day-to-day job as a leading Tulsa divorce attorney.

Leading Tulsa divorce attorney

Yes, Fry looked at ease zipping around the track and lapping the field which also included his son and youngest daughter. But when a pile up stopped the action, Fry couldn’t resist the urge to revert back to his true professional calling.

With his Go-Kart stopped in the middle of the track, Fry calmly reached into his pocket and pulled out his cell phone … to call a client back.

To those who know Fry, both personally and professionally, the move was hardly surprising.

For 50 years and counting, Fry has gone the extra mile, and the leading Tulsa divorce attorney continues to be handsomely rewarded for his hard work and dedication.

Best Lawyers® publicly unveiled its 2019 listings on Aug. 15 and for the ninth consecutive year, Fry was selected by his peers for inclusion in The Best Lawyers© in America in the field of family law.

“It is a very big honor,” said Fry, who was named Best Lawyers® Lawyer of the Year for Family Law in Oklahoma 2016. “To be recognized by my peers and colleagues, particularly at this stage in my career, is very humbling and satisfying. Honors such as this are never taken lightly or for granted, and Best Lawyers® is as good of a legal publication as we have in our industry.”

Best Lawyers® Selection Process Among the Most Rigorous

That Fry has been listed by The Best Lawyers in America© every year since 2011 is no small feat. The publication is widely viewed as the oldest and most respected peer review publication in the legal profession.

Much of this has to do with the rigorous selection process Best Lawyers® employs. Lawyers are not permitted to pay any fee to participate in or be recognized by Best Lawyers. As the website states:

“Recognition by Best Lawyers is based entirely on peer review. Our methodology is designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area.

“Best Lawyers employs a sophisticated, conscientious, rational, and transparent survey process designed to elicit meaningful and substantive evaluations of the quality of legal services. Our belief has always been that the quality of a peer review survey is directly related to the quality of the voters.”

Leading Tulsa Divorce Attorney Fry Continues to Thrive

Because of Fry’s stature and longevity as a prominent Tulsa family law attorney, he has attained no shortage of accolades during a sparkling career.

In addition to being listed by Best Lawyers®, Fry is an 11-time Super Lawyers honoree, an AV-rated attorney by Martindal-Hubbell®, a 2018 Significant Sig Award Winner and he is one of only 19 attorneys in the state to be a Fellow of the prestigious American Academy of Matrimonial Lawyers.

“He has had a remarkable career and continues to operate at an amazing level,” Fry & Elder immigration attorney Lorena Rivas said. “He’s seen it all and done it all. Myself and all the other trial lawyers here at Fry & Elder have learned and continue to learn so much from him on a day-to-day basis.”

While Fry was the only Fry & Elder attorney selected for inclusion in the 2019 edition of The Best Lawyers©, he believes it is only a matter of time before other attorneys join him on the list from Fry & Elder.

The firm has been named U.S. News & World Report’s Best Law Firms List each of the past five years and features an energetic and decorated team of attorneys which also include:

“We have a really talented team in place, and we work well together,” Fry said. “Each attorney brings a unique skillset to the firm which has only enhanced our profile and breadth of services. Many of them have already done some great things, and I only see them getting better down the road. The awards will come, no doubt about it.”

And with those words, Fry reached into his pocket to retrieve his cell phone and whisked away.

He had a client’s call to return.

Contact Fry & Elder today to set up a personal consultation with a leading Tulsa divorce attorney.

Barteaux Named to Metro Christian Academy Foundation Board

Fry & Elder trial lawyer T. Luke Barteaux’s ascension up the professional ranks continues to trend up.

Nearly one year after Barteaux become the first Fry & Elder lawyer to be sworn in as a judge, the experienced Tulsa attorney was appointed to serve on the Metro Christian Academy Foundation Board.

Metro Christian Academy Foundation Board

Barteaux’s appointment as a Metro Christian Academy Foundation Board member is meaningful for multiple reasons, the primary one being that he is a high school graduate of Metro Christian Academy, which first opened its doors as a school in 1983 and presently educates over 1,000 Preschool through 12th Grade students.

“It’s quite an honor to be asked to be on the board,” Barteaux said. “Metro is a place that holds a lot of special memories to me. It’s a great school and embodies many of the core values I believe need to be passed down to future students and generations – my children included.”

The Metro Christian Academy Foundation Board is made up of the following members: Michael Junk, Andrea Harmon, Donna Briggs, Matt Pinnell, Tamara Cornell, Melody Dixon, Jake Schooley, Jay Condry and Ryan Griesemer, along with Barteaux.

Bonnie Polak, Metro’s Director of Advancement and Community Relations, wrote that the board’s mission statement is to “… provide resources to further the vision of Metro Christian Academy, through fundraising, community relations and sound advisement.”

Polak added that the school encourages board members to play an active role, but that the group prides itself on supporting each other as a team with a belief that there are plentiful opportunities for board members to learn and grow with the organization.

Barteaux said he is excited to work alongside a committed and dedicated group.

“I know a few members on the board a little better than some of the others, but I am looking forward to getting to know the others and develop a strong working relationship with each member to further advance Metro Christian Academy, and its ideals,” Barteaux said. “The school has excellent resources and support which also includes the Foundation Board.”

Metro Christian Academy Foundation Board Members meet every other month.

Busy Year Continues for Experienced Tulsa Attorney Barteaux

To say 2018 has been an active year for Barteaux would be an understatement.

He was named to Super Lawyers® Rising Stars list for a fifth consecutive year and was reappointed as Cherokee Nation District Court Judge in February of 2018 through February of 2022.

“Luke has been doing very well for us,” Robert G “Hap” Fry Jr. said. “I’ve had my eye on him for a while now and I really believe his career is taking off.”

Barteaux’s has helped Fry & Elder make the U.S. News & World Report’s Best Law Firms List every year since 2014.

Much of Barteaux’s practice at Fry & Elder focuses on family law, including divorce and child custody issues, adoptions and criminal defense.

Contact Fry & Elder today to set up a personal consultation with Barteaux.

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.

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.

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.