Full Report - the Missouri Bar

Serving
Our Members
& Communities
The Missouri Bar
Annual Report 2012-2013
1

Principles of Civility
It is the duty of all lawyers to conduct themselves
with dignity and civility.
Toward that end, each lawyer shall be:
Respectful
Trustworthy
Courteous
Cooperative
2

TABLE OF CONTENTS
President’s Message.............................................................................................................................................. 4
Leadership............................................................................................................................................................. 5
2012-2013 Board of Governors & Missouri Bar Staff Directors......................................................................... 6
The Missouri Bar Center....................................................................................................................................... 7
Client Security Fund............................................................................................................................................. 8
Professional Development.................................................................................................................................... 9
Administration of Justice.................................................................................................................................... 12
Access to Justice................................................................................................................................................. 14
Bar Activities...................................................................................................................................................... 16
Public Information/Education............................................................................................................................. 22
Member Communications................................................................................................................................... 25
Member Services................................................................................................................................................ 26
Information Technology...................................................................................................................................... 29
The Missouri Bar Foundation............................................................................................................................. 30
Committee Chairs............................................................................................................................................... 32
Board Districts & Attorneys in Good Standing.................................................................................................. 34
Financial Information.......................................................................................................................................... 35
3

President’s Message
“May you live in interesting times.”
This phrase, often incorrectly quoted as being both
ancient and Chinese (it is neither), is actually a curse.
Meant in an ironic way, it carries the clear implication that
uninteresting times – that is, times of peace and tranquility
– are more life-enhancing than interesting ones.
That being said, it is clear that we do, indeed, live in
interesting times. The challenges we face as a profession
and as individual practitioners have never been greater.
From a barrage of pertinent court decisions and legislative
actions to questions that test the ethical boundaries of modern
technology, the law is changing and evolving at a far
greater pace than ever before. Layer onto that the undeniable
impact of the lingering economic downtown, and it is
easy to see why many of our members find the practice of
law to be less and less enjoyable.
Still, we must stay ever-vigilant in meeting that most
basic obligation of our profession – maintaining our own
competence and level of professionalism in order to serve,
to the best of our abilities, those who entrust in us their
fortunes, their well-beings, and sometimes their very lives.
Fortunately for all of us, help is available from The Missouri
Bar. From continuing legal education programming
designed to help us stay abreast of the latest developments
to office practice/business advice, The Missouri Bar has
always been there to help lawyers perform their duties with
dignity, competence and a sense of personal and professional
satisfaction.
More recently, the state bar has responded to the situation
currently facing our profession by developing resources
to help those of us who are struggling financially
or who have limited opportunities for employment within
the profession. This is just one of multiple examples of
how The Missouri Bar remains responsive to the evolving
needs of its members.
At the same time, The Missouri Bar is leading the way
in efforts to help the citizens of Missouri – our real and
potential clients – gain a clearer understanding of the
often-confusing justice system as well as their rights and
responsibilities within that
system.
As with any organization,
however, there is
always room for improvement.
Your voice is eagerly
sought and appreciated
– whether through involvement
in bar activities or the
more informal option of
simply letting us know what
is on your mind. It is only
by remaining responsive to
the needs of individual lawyers that The Missouri Bar may
continue to serve all of its members.
On behalf of the officers and Board of Governors of The
Missouri Bar, I sincerely hope that you enjoy reading this
review of the activities of your state bar during the past
year. We look forward to working with you throughout the
next year on the important issues facing you, our noble
profession, and the justice system as a whole.
Sincerely,
Patrick B. Starke
President
4

Leadership
Patrick B. Starke
President
P. John Brady
President-Elect
Reuben A. Shelton
Vice-President
Lynn Whaley Vogel
Immediate Past President
Bill L. Thompson
Treasurer
Sebrina A. Barrett
Secretary
5

2012-2013 Board of Governors/Staff Directors
STAFF DIRECTORS
6
Bevy A. Beimdiek
St. Louis
Thomas V. Bender
Kansas City
Erik Bergmanis
Camdenton
Suzanne B. Bradley
St. Joseph
P. John Brady
Kansas City
Hon. Richard Bresnahan
St. Louis
Robert J. Buckley
Columbia
Nimrod T. Chapel, Jr.
Jefferson City
Nicole Colbert-Botchway
St. Louis
Mark W. Comley
Jefferson City
Hon. Charles Curless
Lamar
Dana Tippin Cutler
Kansas City
Joel R. Elmer
Kansas City
Brian Francka
Jefferson City
Genevieve M. Frank
Clayton
Sebrina A. Barrett
Executive Director
Millie E. Aulbur
LRE Field Director
Catherine J. Barrie
Senior Legislative Counsel
R. Lucas Boling
Membership Services Director
Anne Chambers
Lawyers’ Assistance Director
Michael E. Gardner
Cape Girardeau
Wendy Garrison
Monett
John W. Grimm
Cape Girardeau
James H. Guest
St. Louis
John R. Gunn
St. Louis
Edward J. Hershewe
Joplin
Robert S. Kenney
St. Louis
Hon. John F. Kintz
St. Louis
J.B. Lasater
St. Louis
Mark H. Levison
St. Louis
Gregg F. Lombardi
Kansas City
Neil F. Maune, Jr.
Hannibal
Mira Mdivani
Overland Park, KS
Max E. Mitchell
Sedalia
Nancy R. Mogab
St. Louis
Farrah Fite
Director of Media Relations
Kent R. Hopper
CLE Publications Director
Christopher C. Janku
Director of Programs
Daniel J. Lehmen
Director of Administration
Jeff Markway
MIS Director
Hon. Mark H. Neill
St. Louis
Douglass F. Noland
Liberty
Joseph P. Rice, III
Cape Girardeau
Brett W. Roubal
Springfield
Tricia M. Scaglia
Independence
Reuben A. Shelton
St. Louis
Walter R. Simpson
Kansas City
Antwaun L. Smith
Kansas City
Wallace S. Squibb
Springfield
Patrick B. Starke
Blue Springs
Joan M. Swartz
St. Louis
W. Douglas Thomson
Maryville
Lynn Whaley Vogel
St. Louis
Raymond E. Williams
West Plains
Eric J. Wulff
St. Charles
Cindy Neagle
CLE Programs Attorney
Delores L. Shepherd
Director of CLE Programs
Bob Stoeckl
Director of Projects
Gary P. Toohey
Director of Communications
Eric Wilson
Legislative Counsel

The Missouri Bar Center
The Missouri Bar Center continues to meet the ever-expanding
needs of the bar membership and staff, furthering
its well-deserved reputation as an attractive and functional
headquarters for the state bar.
Located in downtown Jefferson City, the three-story
main building – completed in 1965 via the donations of
bar members across the state – houses the bar’s media
relations, legislative, continuing legal education, meeting
planning, citizenship education, and MCLE functions,
including professional and support staffing.
Adjacent to the main building is an annex – purchased in
1986 – that includes the membership records department,
administrative department, lawyers’ assistance
program, membership services department, communications
department, and information systems
department.
Immediately behind this annex are The Missouri
Bar’s in-house printing facilitates, including
printing presses, collating equipment and labeling
machinery. The Missouri Bar remains one
of the very few state bars in the nation utilizing
its own printing operation. Every Missouri Bar
publication – from the Journal of The Missouri
Bar to the popular MoBarCLE deskbooks – is
printed, collated, bound and mailed from this inhouse
facility.
The printing of all Missouri Bar publications,
combined with the organization’s ability to order
and store large quantities of paper, have allowed
the state bar to save hundreds of thousands of
dollars each year by avoiding expensive commercial
printing costs.
Together, the three buildings that make up The
Missouri Bar Center complex are home to 49
full-time employees, with additional assistance
from part-time help as needed. Minimal increases
in staffing, along with the wise allocation of
space throughout the three structures, have allowed
the organization to serve a rapidly growing
membership with ongoing and new services.
Conveniently located at the corner of Monroe
and McCarty streets in Jefferson City, the bar’s
headquarters is within easy walking distance of
such landmarks as the State Capitol, the Supreme
Court of Missouri, and other state government
buildings.
The Missouri Bar Center also contains conference
rooms and meeting facilities that are
available to groups or individuals for meetings,
depositions or other business functions. In fact, its central
location and available meeting space make The Missouri
Bar Center a logical and convenient gathering site for Missouri
Bar members with business in the capital city.
In 2013, the Bar Center’s versatility will be enhanced
with construction of an additional floor on the original
Missouri Bar building. When completed mid-year, it will
offer additional space for conferences, CLE seminars,
meetings, and other events.
Missouri Bar members are always welcome to tour the
complex or make use of its facilities when they find themselves
in Jefferson City.
The Missouri Bar Center as it looked at the end of 2012 (top) and
how it will appear after the addition of a new top story (below).
7

Client Security Fund
Adherence to the standards established by the Missouri
Rules of Professional Conduct is expected from every
lawyer. However, The Missouri Bar recognizes that,
regardless of efforts to maintain a high degree of
competence and ethics among the members of the legal
profession, some lawyers fail to meet those standards. To
uphold the integrity and reputation of the legal profession,
The Missouri Bar maintains a Client Security Fund to
compensate clients harmed by this small minority of
lawyers.
The Board of Governors of The Missouri Bar created
the Client Security Fund in 1966. The Fund is maintained
by appropriations from the annual enrollment fees paid by
each member of The Missouri Bar. The 2012 appropriation
to the Fund was $214,000. The 2013 budget of The
Missouri Bar appropriates $225,000 to the Fund. The Fund
also accrues interest and receives restitution payments
from lawyers seeking reinstatement. The balance in the
Client Security Fund at the conclusion of the bar’s fiscal
year is retained in the Fund for the succeeding year.
A six-member Client Security Fund Committee
appointed by the Board of Governors holds hearings on
the claims submitted by clients. Through December 27,
2012, the Fund had received 102 claims for the year. Also,
claims held over from previous years were considered by
the committee in 2012. The committee held three in-person
meetings and two meetings by conference call during
2012.
The Regulations and Rules of Procedure governing the
Client Security Fund permit payment of claims only under
specified circumstances for certain types of wrongful
conduct. Compensation is not available for fee disputes
or cases of malpractice. As a prerequisite for payment, the
attorney must be disbarred, suspended, deceased, adjudged
mentally incapacitated or medically diagnosed as so
mentally incapacitated as to be unable to practice law.
The committee may recommend reimbursement of
a claim in full or in part or may recommend denial or
dismissal of a claim. Payments are limited to 80 percent of
the amount of the loss greater than $2,500, and there is a
maximum payment of $50,000 per claim.
All recommendations by the committee for payment,
denial or dismissal are subject to approval by the Board
of Governors. The Board retains full discretion regarding
payment of any claim.
In 2012, the Board of Governors approved the
committee’s recommendations for payment of 59 claims,
involving 24 attorneys, for a total of $285,087.37.
The Board of Governors approved the committee’s
recommendations for denial of 26 claims.
The committee advises the Office of Chief Disciplinary
Counsel and the Advisory Committee of all payments and
requests that reinstatement of any disbarred or suspended
lawyer be conditioned upon reimbursement of the Fund.
The Office of Chief Disciplinary Counsel routinely
contacts the committee to determine if there have been any
payments from the Fund related to a lawyer applying for
reinstatement.
The Regulations and Rules of Procedure that govern the
Client Security Fund and the form by which to initiate a
claim are available on The Missouri Bar website at www.
mobar.org under the “Public” tab.
2013 Missouri Bar Meetings
May 10, 2013
Spring Committee Meetings
Capitol Plaza Hotel – Jefferson City
June 13-15, 2013
Solo and Small Firm Conference
Hilton Branson Hotel and Convention Center – Branson
September 18-20, 2013
Missouri Bar/Missouri Judicial Conference Annual Meeting
Holiday Inn Executive Conference Center – Columbia
November 22, 2013
Fall Committee Meetings
Capitol Plaza Hotel – Jefferson City
8

Professional Development
Continuing Legal Education
Continuing legal education is one of The Missouri
Bar’s most important member services. In 2012, The
Missouri Bar continued its tradition of providing high
quality educational seminars and publications through its
Continuing Legal Education Department (MoBarCLE),
helping Missouri lawyers maintain their skills and learn
about developments in the law. For more than 52 years,
MoBarCLE has provided excellence in continuing legal
education.
Volunteers Make It Possible
Throughout 2012, MoBarCLE produced seminars,
publications, and course materials. More than 850
Missouri lawyers, judges, and law professors made
these outstanding educational opportunities possible by
volunteering to plan, write, lecture, moderate, and review
MoBarCLE’s programs and publications.
During the past several years, MoBarCLE has
successfully encouraged members to “Join In – Sign Up”
to participate in CLE activities as speakers, moderators,
authors, and reviewers. During 2012, several programs and
publications benefited from the contributions of Missouri
lawyers who had not previously worked in CLE. Volunteer
forms are available at all MoBarCLE programs, in the
publications catalog, and at www.mobar.org. We encourage
any member interested in volunteering to let us know so
that we can maintain that information in our “volunteers”
database for a future occasion.
Connecting With MoBarCLE
During 2012, MoBarCLE continued its commitment to
making its activities and services as accessible as possible
to Missouri lawyers. Changes to MoBarCLE’s website
(www.mobarcle.org) made it easier for members to find
programs and publications relevant to their practices,
resulting in more members taking advantage of online
registration, ordering, and payment features. Members
continue to use the mobile version of program listings
to connect through updates on Twitter, Facebook, and
YouTube. Lawyers also continue to use MoBarCLE’s
toll-free customer service line (1-888-253-6013) and
e-mail (clemail@mobar.org) to ask questions, register for
programs, and order publications.
During 2012, the popularity of MoBarCLE’s Season
Pass program continued to grow, demonstrating that it is a
truly affordable and convenient way for members to attend
more seminars. MoBarCLE passes include the Basic
Season Pass (good for up to five courses), Limited Season
Pass (good for up to 10 courses) or 12-month Unlimited
Season Pass, with which members can attend many CLE
programs at no charge. A new benefit provides all Season
Pass holders a discount on select professionally contracted
programs. Also included are season pass opportunities for
paralegals and legal assistants.
Conferences
Multi-day MoBarCLE conferences have developed
into important learning and networking opportunities for
Missouri lawyers. In 2012, The Missouri Bar held its 17th
annual Solo and Small Firm Conference. A record number
attended the June 2012 conference, which was held for the
first time in Branson. The success of the conference is due
to the efforts of many volunteers and generous sponsorship
by several organizations, including The Bar Plan Mutual
Insurance Company.
The Family Law Section held its 12th annual Family
Law Conference at Lake Ozark in August 2012. This
two-and-a-half-day event is a successful fusion of
CLE and networking opportunities. In addition, the
Labor & Employment Law
Committee held its 10th annual
symposium in Jefferson City. It
was enthusiastically received by
lawyers who practice on both
sides of the aisle in the labor and
employment law areas.
“Stepping Up & Stepping Out:
The New Lawyer Experience”
continued its success in training
new lawyers and providing
information to help bridge the
gap between law school and the
practice of law. The program,
presented in St. Louis and Kansas
City by MoBarCLE and the Young
Lawyers’ Section, included plenary
as well as breakout sessions
that provided nuts and bolts
information for new and not-sonew
lawyers, filling the need for
practical, how-to-do-it information.
The “How To Series” also
continued in 2012. It consisted of
12 interactive telephone seminars
focusing on very basic legal skills
to assist lawyers in gaining an edge
in various areas of their practice.
Joining this series for the first time
was “The Next Step Series” and
“The Guidebook Practice Series.”
9

Programming Statewide
One of the bar’s CLE missions is to bring affordable
programming to non-urban lawyers. MoBarCLE continues
to offer video replays of popular programs at locations
throughout Missouri. Online video seminars and
downloadable audio podcasts are popular CLE options
available from MoBarCLE. As in the past several years,
MoBarCLE made extensive use of telephone seminars,
webinars, and webcasts. Generally one or two hours long,
these live, interactive programs are very popular with
Missouri lawyers. In addition to the convenience for
our members, one of the primary benefits of telephone
seminars, webinars, and webcasts is the ability to respond
quickly with statewide programs on changes in legislation,
rules, and case law that impact members and their clients.
In 2012, the telephone seminars offered to our
members included one-hour programs co-sponsored
with WebCredenza, Inc. MoBarCLE’s joint venture
with WebCredenza has proven to be a huge success
and a real advantage for members wanting additional
advanced programming in very specialized areas of the
law. MoBarCLE’s partnership with Periaktos Productions,
L.L.C. brought members of The Missouri Bar a series of
seven high quality movie webcasts that focused on topics
including ethics, professionalism, and courtroom skills.
Co-Sponsored Programs
MoBarCLE worked with The Bar Plan Mutual Insurance
Company to present risk management programs designed
to make Missouri lawyers aware of ethical dilemmas and
malpractice pitfalls in their practices. In 2012, as in the
past 21 years, a special product of this partnership was a
series of programs dealing with ethics, professionalism,
and malpractice avoidance. These programs are aimed
particularly at new lawyers subject to the “within-twelvemonths”
requirement of Rule 15.05(e).
Lucas Boling of The Missouri Bar staff (right)
welcomes a new bar member and offers him
information about MoBarCLE during a reception for all
new admittees following enrollment ceremonies.
MoBarCLE also worked with sections, committees, and
other groups to produce seminars on a variety of subjects.
These programs included the fifth annual Bernard Edelman
DWI Law, Evidence, and Science Conference with the
Missouri Association of Criminal Defense Lawyers
(MACDL); and a series of webinars on law practice
management topics with the Office of Chief Disciplinary
Counsel.
Program Statistics
More than 14,800 people attended more than 440
MoBarCLE events during 2012. MoBarCLE presented
live and video replay programs in Cape Girardeau,
Clayton, Columbia, Jefferson City, Kansas City, Kirksville,
Lake Ozark, Osage Beach, Sikeston, Springfield, St.
Charles, St. Joseph, and St. Louis. MoBarCLE also
presented video replays in Blue Springs, Branson,
Charleston, Hannibal,
Joplin, Kirksville,
Maryville, Nevada,
Poplar Bluff, Rolla,
St. Joseph, Sedalia,
Steelville, Troy, Union,
and West Plains. The
department produced
more than 70 live
seminars, 60 video
replays, 200 telephone seminars, 20 institutes, five
conferences, 40 webinars and 20 live webcasts.
MoBarCLE Publications
MoBarCLE’s other major activity – publications – was
a busy and changing area during 2012. The year saw
the expansion of the guidebook library. Guidebooks are
affordable, focused, and available in a choice of formats:
softbound print, download, CD-ROM, or a combination
of print and electronic formats. In 2012, the guidebooks
were incorporated into a new “Guidebook Practice Series”
developed by the programs department.
Online orders continued to increase as a percentage of
orders for printed material. Half of print orders are now
received through MoBarCLE’s website.
MoBarCLE continued to make extensive and efficient
use of desktop publishing, on-screen editing, and in-house
publishing. All MoBarCLE print publications were printed
in the bar’s print shop. The continuing success of in-house
publishing is an important factor in assuring high-quality
educational tools for Missouri lawyers at affordable
prices. The value of deskbooks has been enhanced by the
development of forms disks for new books and for existing
books as part of the supplementation process. And,
beginning in 2005, MoBarCLE began producing full-text,
fully searchable CD-ROMs of newly published deskbooks.
10

The sales of electronic MoBarCLE deskbooks continued
during 2012. The MoBarCLE “black books” are available
electronically through Fastcase, LexisNexis, and Loislaw.
And the guidebooks are now available on Fastcase and
Loislaw. Lawyers can use modern full-text searching
capabilities to locate relevant text in the publications
with hypertext links to primary law sources. MoBarCLE
electronic publications are available on a subscription or a
transactional basis, depending on the provider.
Publications Produced and Planned
MoBarCLE continued revisions of existing titles
to maintain the MoBarCLE library. New editions of
Damages, Evidence Restated, and Family Law were
published. Two deskbooks were supplemented: Criminal
Practice and Discovery. And 2012 saw the publication of
a new guidebook: Trust and Estate Legislation Update:
QSJTs, Decanting, UAGPPJA, and More. See the complete
list of publications at www.mobarcle.org.
During 2013, MoBarCLE is scheduled to publish
several new guidebooks and new editions and supplements
to deskbooks. The CLE Department will continue to
concentrate on increasing the output of publications to
maintain the value of MoBarCLE publications in law
offices and law libraries around the state.
Minimum Continuing Legal
Education
Missouri Supreme Court Rule 15 requires Missouri
Bar members to comply with minimum continuing legal
education requirements. The MCLE reporting year is from
July 1 to June 30. The deadline for lawyers to file the
Annual Report of Compliance with The Missouri Bar is
July 31.
During 2012, more than 27,000 lawyers reported
compliance with Rule 15 for the July 1, 2011 – June 30,
2012 reporting year. Missouri lawyers were able to file
the Annual Report of Compliance electronically on The
Missouri Bar’s website at www.mobar.org. More than
16,000 lawyers submitted their reports electronically,
representing more than 58 percent of the MCLE reports
filed in 2012.
Lawyers may determine their carryover credit hours
from the preceding MCLE year and record credit hours
for the current reporting year online by logging into
The Missouri Bar website (www.mobar.org) under the
“Members Only” section. After login is completed, click
the “My MCLE” link.
Rule 15.05(a) requires lawyers actively practicing law in
Missouri to report 15 hours of continuing legal education
each MCLE reporting year. Missouri lawyers also are
required to obtain continuing legal education devoted
exclusively to professionalism, ethics or malpractice
prevention. There are two professionalism, ethics or
malpractice prevention education requirements – one
applicable to all lawyers practicing in Missouri and a
separate requirement for lawyers newly admitted or
reinstated to The Missouri Bar.
In 2009, the Supreme Court of Missouri adopted
amendments to the professionalism, ethics and malpractice
education requirements of Rule 15 at the request of the
Board of Governors of The Missouri Bar. The Board of
Governors submitted the amendments to the Court upon
the recommendation of the bar’s Special Committee to
Consider MCLE Ethics Requirement.
As amended, Rule 15.05(e) now requires lawyers
admitted or reinstated to The Missouri Bar after June
30, 2009 to obtain two hours of professionalism, ethics
and malpractice prevention education within 12 months
of admission. Lawyers admitted or reinstated to The
Missouri Bar prior to July 1, 2009 were required to obtain
three hours of professionalism, ethics and malpractice
prevention within 12 months of admission.
Supreme Court Rule 15.05(f) was amended to establish
an annual requirement of two hours of education in
professionalism, ethics and malpractice prevention credit
per year rather than the previous requirement of three
credit hours of professionalism, ethics or malpractice
prevention every three years. The amendment to Rule
15.05 (f) was effective for the July 1, 2009 – June 30, 2010
reporting year.
The amendments did not change the content that
satisfies the requirements of Rules 15.05 (e) and (f) as
defined in Regulation 15.01.6-8.
Rule 15.06(f) requires The Missouri Bar to notify the
Clerk of the Supreme Court, Office of Chief Disciplinary
Counsel and the Commission on Retirement, Removal
and Discipline of the name of each lawyer not meeting
the requirements of Rule 15. Every lawyer so reported is
automatically suspended from the practice of law.
Information about the MCLE requirement and
downloadable forms are available on the dropdown
box under the MCLE tab at www.mobar.org. All
correspondence and inquiries should be directed to The
Missouri Bar at 573-638-2233 or mcle@mobar.org.
11

Administration of Justice
The legislative endeavors of The Missouri Bar are
restricted to legislation that relates to the administration
of justice, the integrity of the judiciary, the dignity of the
legal profession or – in the case of bar-drafted legislation –
improvement of the law. Within that context, the state bar’s
efforts in the legislative arena continue to have a lasting
impact on all Missourians.
The Missouri Bar closely monitors all matters that fall
within the above-mentioned scope, and at the same time
focuses on proposals drafted by its various substantive law
committees.
2012 Legislative Session
Throughout last year’s legislative session, The Missouri
Bar fought to prevent passage of SJR 51, which
would have interjected politics into the selection process
for Missouri’s appellate judges by giving the governor
the opportunity to appoint a majority of the members of
the commission that ultimately selects three nominees for
appellate court vacancies. Despite a long and tenacious
effort to thwart this measure, proponents of this change to
Missouri’s pioneering Nonpartisan Court Plan prevailed
within the legislature. The proposal ultimately appeared
on the November general election ballot as Amendment
3, but the voters of Missouri overwhelmingly rejected it –
thereby retaining the merit selection system as adopted by
Missouri citizens more than 70 years ago.
While the battle over SJR 51 took an extensive amount
of time and effort, the remainder of The Missouri Bar’s
legislative agenda was not ignored. In fact, the following
bar-drafted proposals were introduced:
• HB 1527, sponsored by Rep. Ken Elmer, and
SB 683 (sponsored by Sen. Jason Crowell) were
identical measures that included amendments
to the bankruptcy exemption statutes drafted by
the state bar’s Commercial Law Committee. The
amendments clarified provisions relating to minor
vehicles and mobile homes, corrected an erroneous
statutory cross reference, and raised the maximum
age of a dependent from 18 to 21, consistent with
the reality of community, economic and social
conditions. HB 1527 passed as a stand-alone bill,
while identical provisions were also included in
SB 628, an omnibus judicial bill. Both bills were
signed into law by Governor Jay Nixon and became
effective on August 28, 2012.
• HB 1165 (Rep. John Diehl) and SB 636 (Sen.
Joe Keaveny) included technical provisions to
a law relating to qualified spousal trusts. These
changes were drafted by the bar’s Probate & Trust
Law Committee. The identical language of both
bills was included in SB 628, which was passed
by both houses. In addition, SB 636 passed as a
stand-alone bill, which was also signed into law by
the governor and became effective on August 28,
2012.
• HB 1166 (Rep. John Diehl) and SB 761 (Sen.
Joe Keaveny) created new laws regarding trust
protectors. The provisions of these bills detailed
the rights and responsibilities of a trust protector.
Though neither passed as a stand-alone bill,
identical provisions were passed as part of SB 628,
signed into law by the governor and effective on
August 28, 2012.
• A four-year effort by a special committee appointed
to revise the state’s criminal code produced
a draft proposal of more than 1,000 pages
that was approved by the Board of Governors and
introduced as HB 1897 (Rep. Stanley Cox) and SB
871 (Sen. Jolie Justus). Both bills were referred
to committee and ultimately deferred for further
study by a Joint Interim Committee on the Missouri
Criminal Code. After six weeks of hearings,
the committee issued a report detailing testimony
that was taken and broadly endorsing the need for
a comprehensive code revision. Both bills are expected
to be reintroduced during the 2013 legislative
session.
In addition, although not bar-drafted, The Missouri Bar
supported an important provision passed during the 2012
session allowing for an extension of the Court Automation
Fund from 2013 to 2018 and the Court Automation Committee
from 2015 to 2020.
2013 Legislative Session
In addition to the criminal code proposal outlined above,
the only proposal approved to date by the Board of Governors
for submission in the 2013 session comes from the
Probate & Trust Law Committee. This proposal would
amend Section 513.430.1 to clarify that Individual Retirement
Accounts and Health Savings Accounts are exempt
from creditor claims.
12

The Missouri Bar’s
Legislative Process
Within the scope identified above,
any legislative position or proposal
to be advocated by The Missouri Bar
must be approved by a two-thirds
majority of the Board of Governors,
or the Executive Committee acting on
behalf of the Board at times when the
Board does not meet.
To ensure maximum input on
legislation proposed by Missouri Bar
committees, copies of measures submitted
as part of the regular process
established by Board policy are sent
to all local bar associations for review
and comment. The Missouri Bar’s
Legislative Committee also reviews
each proposal.
The Board of Governors recognizes
that there may not be complete
consensus among members of the bar
regarding specific legislative issues.
Accordingly, any bar member who
objects to a position or activity of The
Missouri Bar in the legislative arena
may notify the executive director of
that objection and request a rebate of
that portion of the member’s bar dues
supporting legislative activities.
Missouri Bar members are kept
aware of the progress of bar-sponsored
legislation, as well as other matters of
interest to the profession, through The
Legislative Digest. In addition, the
state bar’s legislative staff is available
to respond to inquiries regarding specific
legislative proposals and provide
copies of pertinent bills. Information
on bar-drafted bills and related topics
is also available through The Missouri
Bar’s website, located at www.mobar.
org.
The Missouri State Capitol Building
Jefferson City
13

Access to Justice
Pro Bono
The Missouri Bar has a long history of supporting initiatives,
programs and funding to help those who need access
to justice, but cannot afford to pay for legal counsel. That
commitment and support was enhanced with several new
initiatives during the past two years.
A new pro bono website tops the list. This stand-alone
pro bono focused site is intended to serve as a central location
to link lawyers interested in doing pro bono work with
organizations that serve the needs of low-income individuals
who have legal problems and need a lawyer’s help. The
site also lists training opportunities available to lawyers
who perform pro bono work, along with news and resources
related to pro bono efforts within the state and nationally.
The site can be found at www.mobarprobono.org.
New and newly-expanded lawyer recognition efforts
were also instituted. These recognition enhancements are
designed to draw attention to and reward more lawyers
for making pro bono an integral part of their practice and,
through their example, encourage other lawyers to volunteer
their legal skills to help make access to justice a reality
for the low-income population.
A recognition program – the Pro Bono Wall of Fame
– is a new program implemented to recognize lawyers
who voluntarily report at least 40 hours of pro bono work
during a calendar year. Starting last year, 120 lawyers
were added to the inaugural “Wall of Fame” permanently
located on the pro bono website.
Each lawyer whose name appears on the “Wall of
Fame” also receives: a letter of appreciation from the
president of The Missouri Bar and Chief Justice of the
Supreme Court of Missouri; a certificate of appreciation
suitable for framing; a “40” Wall of Fame lapel pin; and
special recognition through the display of the Wall of
Fame at prominent venues such as the Annual Meeting and
Spring and Fall Committee Meetings. And, beginning in
2012, those lawyers who attend the Annual Meeting will
have a commemorative ribbon affixed to their badge calling
attention to their achievement.
The “Wall of Fame” program was created in conjunction
with a newly-launched initiative asking lawyers to
voluntarily report their pro bono hours each year. An
online reporting tool was developed to make it easy for
attorneys to share the number of hours they committed to
pro bono work in a given year, as well as the type of work
they performed. The voluntary reporting initiative not only
provides a means to identify the lawyers who have reached
the 40-hour milestone making them eligible for recognition
on the Pro Bono Wall of Fame, but it also is intended to
provide a measure of the amount of work lawyers in Missouri
do to provide access to justice for the less fortunate.
In 2011, The Missouri Bar expanded its longstanding
Pro Bono Publico Award program. A fourth award was
14
added to recognize a second outstate lawyer every year.
These awards, which are presented at the Annual Meeting
Awards Banquet, now recognize one lawyer from the
Kansas City area, one lawyer from the St. Louis area, and
two lawyers from outstate Missouri.
In addition to the enhanced recognition efforts of The
Missouri Bar, the Young Lawyers’ Section (YLS) also
developed new recognition initiatives during the past
two years. Starting in 2011, the YLS created three new
pro bono awards, which are also presented at the Annual
Meeting. One award is given to a member of The Missouri
Bar in practice less than four years, and a second award
is presented to a member of the Young Lawyers’ Section
of the Missouri Bar in practice more than four years. The
third award is given to an organization or firm that actively
encourages its employees and/or members, particularly
its young or newly admitted lawyers, to provide pro bono
services.
The YLS also developed an incentive to encourage lawyers
to voluntarily report their pro bono hours, providing
lawyers who reach the pro bono hour milestone during a
calendar year with a commemorative gift.
In addition to providing information to lawyers about
opportunities available at organizations throughout the
state via the pro bono website, The Missouri Bar and YLS
assist in recruiting lawyers for pro bono activities through:
• Ongoing recruitment promotional appeals involving
the pro bono website in Missouri Bar communication
vehicles, such as the ESQ weekly electronic newsletter
and Precedent.
• Coordination of disaster relief efforts in the aftermath
of the Joplin tornado and flooding in other areas of
Missouri in cooperation with the ABA and other bar
associations.
• Maintaining a toll-free telephone access line for victims
and coordinating assistance from calls received.
• Producing CLE programs that highlight work of attorney
pro bono services to call attention to the need, and
to encourage others to contribute time and skills.
• Publicizing requests for pro bono attorney assistance
from other organizations in ESQ.
• Prominently listing pro bono links on The Missouri
Bar website and maintaining a page on the bar’s
website with information and access to key pro bono
resources.
• The addition of a full pro bono/access to justice CLE
track (five programs) at the 2012 Annual Meeting,
providing substantive training to attendees in areas

where there is a significant need for pro bono services,
while also introducing lawyers attending the sessions
to pro bono opportunities available and the entities in
need of help.
The Missouri Bar’s active support of YLS pro bono
activities include:
• The recruitment of lawyers for pro bono services
utilizing the YLS electronic newsletter and a newly
redesigned YLS website.
• The development of a YLS New Lawyer Practice
Management Seminar presented at the Annual Meeting,
which includes encouraging lawyers to gain practice
experience by volunteering for pro bono work.
The Missouri Bar also continues an ongoing commitment
to adequate funding for the justice system, which
includes:
• Active support for additional funding for the Missouri
Public Defender System (MSPD).
• Strong support of the Missouri Citizens Commission
on Compensation for Elected Officials’ recommendation
to give state judges a pay raise.
• Board recommendation and subsequent Supreme
Court of Missouri action to raise pro hac vice fees,
and Board approval of a major portion of annual dues
proceeds to the legal services programs in Missouri.
• CLE programming addressing challenges and ramifications
related to inadequate funding of the justice
system.
• Support of Criminal Code Committee efforts to reclassify
criminal penalties, which could result in lowering
the caseload issues facing the MSPD.
• Board support of legislative action to maintain the
Civil Legal Services Fund filing fees.
Each year, The Missouri Bar’s officers also meet with
Missouri’s members of the U.S. House of Representatives
and Senate, advocating for federal funding that supports
access to the courts and justice system, including adequate
federal funding for Legal Services.
Legislative staff members continually monitor all bills
and/or other measures introduced in the Legislature for any
that could have the effect of presenting obstacles to access
to justice for those who cannot afford legal counsel, alerting
the Board to such issues for possible action.
Lawyer Referral Service
The Missouri Bar has operated its Lawyer Referral Service
(LRS) since 1974. The objective of the lawyer referral
service is to help make legal services available to individuals
and families in need of a lawyer. Despite the Yellow
Pages, TV commercials, billboards, and the Internet, consumers
frequently rely on The Missouri Bar Lawyer Referral
Service. This service links clients to lawyers throughout
the state, except for Springfield and the St. Louis area. In
those areas, local bar associations provide referral services.
Nationally, most bar associations sponsor lawyer referral
services. In all, more than 250 public service lawyer referral
services are currently in operation. The American Bar
Association estimates that 19,000 callers per day ask for a
referral somewhere in the United States.
The Missouri Bar Lawyer Referral Service averages 650
telephone calls a month from people who are looking for
attorneys or other resources that are available in their communities.
Most of the callers are not referred to lawyers;
rather after the callers explain their situation, they are often
referred to various other resources – everything from prosecuting
attorneys to social service agencies or government
services. This is typical of all such services.
Currently, The Missouri Bar Lawyer Referral Service
has 225 attorneys from around the state who are participating
in the service. Callers are charged $25 to cover the
costs of the program; in exchange, these callers receive an
up-to-30 minute consultation with an attorney. The attorneys
who are members agree to pay 10 percent of fees
received that are $200 or more. As the number of attorneys
who provide free initial consultations seem to be declining,
offering callers an opportunity to get legal advice for $25
is a good value. The Missouri Bar Lawyer Referral Service
registers each year with The Office of Chief Disciplinary
Counsel, and its rules are determined by the Supreme
Court of Missouri.
Many times, people who are experiencing legal problems
are greatly stressed. In addition to needing to know
who to go to for help, they need to have someone listen
to them and to help sort through their issue in order to determine
what type of lawyer can address their legal needs.
The Missouri Bar Lawyer Referral Service provides oneon-one
customer service to those who call.
The LRS advertises in some phone books, is promoted
to the court system, to court clerks, librarians, law enforcement,
state agencies, and has a presence on The Missouri
Bar website. The LRS receives confidential email requests
for attorneys that are followed up with a phone call before
a referral is made. Typically, the most common way the
public learns about the LRS is through lawyers who refer
them to the service. Lawyers know that if they have a
conflict of interest or if a potential client’s problem is one
that isn’t part of the focus of their practice, the LRS is a
convenient resource.
The Missouri Bar Lawyer Referral Service serves as
a clearinghouse for the legal community. It acquaints
potential clients in need of legal services with the value of
a consultation and encourages attorneys to recognize their
obligation to provide affordable legal representation and
services to persons in need.
15

Bar Activities
Meetings
Across the state, the work of The Missouri Bar is carried
out on a daily basis through the voluntary efforts of its
members who – by committee work or in other ways – develop
and implement the state bar’s programs and activities.
However, all of these efforts come into sharper focus
several times each year when members of the bar come
together to meet and share their knowledge.
Indeed, the various meetings of The Missouri Bar held
throughout the year are valuable opportunities for lawyers
and judges. By attending these gatherings, they gain access
to substantive educational programs, productive committee
endeavors, and enjoyable social events. Whether via
participation in these formal activities or by casual conversation
with colleagues, Missouri Bar meetings are a
personally and professionally enriching experience for all
who participate.
Annual Meeting
The bar year officially ends – and a new one begins
– with each year’s Missouri Bar Annual Meeting. This
meeting hosts a wide array of activities. Some are focused
on the business and governance of The Missouri Bar and
Judicial Conference, other activities focus on delivering
excellent quality educational programming for Missouri
lawyers, and still others offer opportunities for lawyers and
judges from diverse segments to gather in social settings
that foster camaraderie and community among the entire
legal profession.
Many years ago, The Missouri Bar and the Missouri
Judicial Conference began having their annual gatherings
at the same time and location. Both groups use the yearly
gathering to conduct business meetings focused on governance
and administration issues. Many judicial committees
meet early in the week and The Missouri Bar Board
of Governors meets mid-week. The Board of Governors
holds a business meeting that includes the election of officers
and an executive committee for the following year.
Educational activities take the spotlight during the last
two days of the Annual Meeting, typically featuring more
than 35 CLE programs. The educational program format
includes three plenary sessions to explore cutting-edge,
timely issues that affect the profession, administration of
justice, society and democracy at-large. In addition, 25
individual skill-building sessions in substantive areas of
law are presented in five different tracks each year. While
each track typically has one or more programs that focus
on professionalism/ethics related to a particular substantive
area of law, professionalism and ethics is the sole focus of
two early morning program slots. In recent years, the meet-
16
ing has also featured a series of three programs specifically
designed to help young lawyers bridge the knowledge
and skills gap between law school and law practice. Other
programs are added year-to-year based on particular needs
facing the profession.
Evenings offer social events designed to support an
easily overlooked, but vital ingredient underlying a strong
profession, and one that is especially important as individual
practices become more and more specialized. Social
receptions on Wednesday evening and Thursday evening
offer an opportunity for lawyers across a wide diversity of
practice areas, firm sizes and backgrounds to gather in a
casual social setting, get to know one another, and reinforce
the value of all members of The Missouri Bar.
Attendees have an opportunity to share a meal and hear
from the Chief Justice of the Supreme Court of Missouri at
an afternoon luncheon. And the annual event ends with an
awards banquet to recognize individuals for their excellence
and leadership within the profession.
Attendees at the 2012 Missouri Bar/Missouri Judicial
Conference Annual Meeting in St. Louis also had the opportunity
to enjoy:
• A plenary session featuring an outstanding panel
of lawyers, judges and health law authorities addressing
issues surrounding implementation of the
Affordable Healthcare Act.
• Another plenary program – again with a stellar
group of presenters – exploring timely issues
related to the Citizens United decision and the
impact of money in the political process.
• A third plenary session focusing on the Dred Scott
decision and how issues similar to those raised in
this historic case apply to contemporary issues facing
national debate.
• The popular “Best of Missouri” Reception at the
newly-restored Peabody Opera House.
• A Young Lawyers’ Section-sponsored reception
at 360, the rooftop bar located atop the Hilton
St. Louis at the Ballpark, the host facility for the
meeting.
Ensuring that this gathering is affordable and accessible
to every lawyer is a very important objective. Registration
rates are kept very low, offering an affordable full registration
rate that includes tickets to all educational, social
events and meals (the awards banquet is a separately ticketed
item). An even more affordable educational programsonly
registration rate ensures that every lawyer can afford
to get a year’s worth of MCLE credit. Attendees can

choose from a wide range of very high-quality educational
programming and have an opportunity to learn from many
judges and Missouri’s top practitioners who often serve
as faculty. In addition, young lawyers benefit from even
greater discounts, including educational programs-only
registrations available at no cost to our newest lawyers.
Solo and Small Firm Conference
The 17th annual Solo and Small Firm Conference was
held June 9-11, 2012 at a new location – the Branson Hilton
Convention Center. In spite of a tornado that severely
damaged the host hotel several months before the event,
950 conference attendees supported the new location with
only minor inconveniences.
As in past years, the Solo and Small Firm Conference
featured a variety of high-quality educational programs,
recreational activities, lots of camaraderie and fun – all for
a bargain price at this family-friendly event. The theme of
the conference was “Destination Success: Your Passport to
a First-Class Practice.” Highlights of the 2012 conference
included:
• Nearly 90 different educational programs in general
and specific substantive, practice management,
technology, ethics, and quality of life tracks, as
well as computer labs and discussion groups. The
event included a trial college/litigation track with a
trial expert that was very popular with attendees.
• Nearly 40 law students from three of the four Missouri
law schools attended and participated fully in
the events.
• A number of conference scholarships were offered
by the Missouri Bar Foundation as well as private
donors.
Judge Zel Fischer of the Supreme Court of Missouri
visits with law students from the University of
Missouri-Kansas City during a session at the Solo
and Small Firm Conference in Branson.
Frank Haith,
head coach of
the University of
Missouri men’s
basketball team,
speaks during
a luncheon at
the 2012 Spring
Committee
Meetings in
Jefferson City.
• A First-Time Attendees’ Lunch was held for those
attending the conference for the first time that
included a program on how to get the most from
their conference experience.
• A boot camp on starting a law practice was offered
for those considering launching a new practice or
looking to improve a new or existing practice.
• An exhibit hall with a wide variety of vendors was
available for attendees to explore needed products
and services for their practices.
• A heart-wrenching plenary session on Friday featured
attorneys from Joplin who told their personal
stories about losing their law offices and homes
to the devastating tornado that ripped through the
Attendees pack the room for one of the dozens of
educational programs featured at the annual Solo
and Small Firm Conference.
17

18
area in the spring of 2010. The program concluded
with an expert giving tips on how lawyers can
prepare for disasters.
• Other expert speakers provided valuable information
on legal technology, practice management and
ethics.
• The MoBarCLE Garage Sale offered educational
materials at bargain prices.
• The Ethics Rock presentation at the Saturday
plenary session featured an entertaining way to
learn about ethics. An acoustic guitarist played
song parodies featuring ethical dilemmas that
were discussed by an ethics expert with audience
participation.
• A golf outing on the beautiful Payne Stewart Golf
Course and a cruise on Lake Taneycomo rounded
out some of the social and recreational events.
• A variety of receptions were offered for socializing
and talking shop.
• Thousands of dollars in prizes were given away
during the event, including a vacation trip to the
U.S. Virgin Islands.
Spring and Fall Committee Meetings
Jefferson City is the host for the two regularly-planned
meetings of the more than 60 committees and sections of
The Missouri Bar. These committees are largely responsible
for the enormous number of programs and services
the state bar regularly provides to its members and to the
public.
Shortly after the start of each new bar year – which
officially begins at the conclusion of the Annual Meeting
– many committees gather in mid-November for the Fall
Committee Meetings. This gathering gives committees the
chance to get organized and map out plans for the bar year
ahead.
In mid-May, committees again gather for the Spring
Committee Meetings. Once again, committee members
from all corners of the state converge on Jefferson City for
a mid-year assessment of progress on committee projects.
At both gatherings, many of The Missouri Bar’s substantive
law committees also organize and present educational
programs for their members and others in attendance.
As with all Missouri Bar gatherings, the Spring and Fall
Committee Meetings give members the chance to take
advantage of practical, timely educational opportunities,
contribute to the betterment of the profession and the laws
of our state, and enjoy the camaraderie of colleagues – a
winning formula that enhances both professional and personal
enrichment.
Committees and Sections
The Missouri Bar is justifiably proud of the vast array of
materials, programs and services it makes available to both
its members and the general public. However, it is clear
that, absent the hard work of state bar committees and sections,
both the quantity and quality of these efforts would
be significantly diminished.
In fact, absent the thousands of men and women who
make up the various Missouri Bar committees and sections,
it would be impossible to sustain the ongoing activities
and services members have come to expect from their
state bar. The selfless donation of their time and talents
underpin these endeavors and allow for new, timely initiatives
to be launched on a regular basis.
All members of The Missouri Bar are encouraged to
participate in committee activities. In advance of the start
of each bar year (which commences at the conclusion of
each Annual Meeting), all members receive a committee
registration form. Simply by completing and returning this
form, lawyers may indicate their interest in serving on one
or more open enrollment committees dealing with substantive
areas of the law. Missouri Bar members may also join
any open enrollment committee at any time via The Missouri
Bar’s website at www.mobar.org.
In addition to open enrollment committees, several
other committees feature memberships appointed by the
president of The Missouri Bar. Special committees are also
authorized from time to time by the Board of Governors to
address specific issues of concern.
Regardless of how they are constituted, it is clear that
Missouri Bar committees and sections are largely responsible
for the majority of the bar’s activities. These include:
the drafting of legislation for introduction before the
Missouri General Assembly; the development of continuing
legal education programming and publications; efforts
to increase public understanding of the justice system;
helping educators teach their students about the justice
system; coordinating a variety of programs designed to
help lawyers improve the efficiency of their practices; and
countless more.
Most Missouri Bar committees and sections meet twice
each year – once at the Fall Committee Meetings and again
at the Spring Committee Meetings. Held in Jefferson City,
these meetings are accompanied by educational programming
offered by several committees.
Many of the state bar’s substantive law committees and
sections also organize and present educational programming
during The Missouri Bar Annual Meeting each fall.
The creation of listservs has greatly facilitated the work
of committees and sections and improved communica-

tion among lawyers across the state. Each committee and
section has its own listserv, allowing members to exchange
information, offer assistance to one another, provide moral
support, and refer cases outside their geographic area.
Young Lawyers’ Section
The Young Lawyers’ Section (YLS) of The Missouri
Bar was created in 1967 to stimulate the interest of recently-admitted
lawyers in the objectives of The Missouri Bar,
and to encourage participation in its substantive and procedural
committees. All members of The Missouri Bar who
are 36 years old or younger, or who have been admitted
for less than five years, are members of the YLS. Section
members elect representatives from 14 geographic districts
to form the governing YLS Council.
Through public service projects and educational activities
aimed at both the public and recently admitted lawyers,
the YLS builds strong relationships among young
and newly-admitted attorneys, and develops future leaders
of The Missouri Bar. The YLS also provides a forum for
young lawyer associations within local bars to share their
public service project successes and ideas.
The YLS is the primary public service arm of The
Missouri Bar, carrying out public service projects and
educational activities throughout the state. Many of these
projects have become yearly activities. Public service projects
include programs designed to reduce youth violence,
educate students about the Constitution, and explain voting
and the electoral process. Public information brochures include
topics such as young people’s obligations and rights
as they enter the adult world, domestic violence, adoption
and small claims court procedures.
Missouri Bar Committee Involvement
Many members of the Young Lawyers’ Section
have been active in The Missouri Bar’s substantive
law committees over the years. The YLS Council
has continued its direct involvement with committees
by appointing Council liaisons to nearly every
substantive law committee of The Missouri Bar.
The committee liaisons attend and participate in The
Missouri Bar’s Spring and Fall Committee Meetings
in Jefferson City, and look forward to continued
participation in these committees in the future.
to disabled, elderly, and low-income persons. The YLS
continued its sponsorship of awards for young lawyers
engaged in pro bono service this year.
Disaster Legal Services
The YLS Council, in conjunction with the lawyers of
The Missouri Bar, the American Bar Association and
FEMA, in 2012 continued to provide free legal services
to victims of several disasters that occurred in Missouri
in 2011, including the St. Louis tornado, major flooding
in both southeast and northwest Missouri, and the Joplin
tornado. Hundreds of Missouri attorneys volunteered to
assist hotline callers with disaster-related legal issues ranging
from landlord-tenant issues to questions about insurance
and FEMA assistance.
Educational Activities
We the People. .. The Citizen and the Constitution is
a national constitutional studies program for students in
grades 4 through 12 that promotes an understanding of the
history and philosophy of the United States Constitution
and the Bill of Rights, as well as an understanding of democracy
and its institutions. In the culminating activity for
this event, members participate by volunteering to judge in
mock congressional hearings where students demonstrate
their skills and knowledge of past and present constitutional
issues. The Missouri State Finals are held each January,
and the winning school represents Missouri in the National
Finals held in Washington, D.C. The YLS Council also
donates $10,000 annually to help send the winning team to
the National Finals.
The Law Day Essay Contest, in its l5th year, is co-sponsored
by the Missouri National Education Association,
the Missouri Press Association, and the YLS. The contest
Pro Bono Involvement
The YLS Council has continued its involvement
with Missouri Bar pro bono activities this year.
Council members have attended the meetings of
the Delivery of Legal Services Committee, and the
Council has dedicated itself to assisting the committee
in achieving its goal of improving the delivery of
legal services to the public, including matters related
Then-Missouri Bar President Lynn Whaley Vogel (left), Young
Lawyers’ Section Chair Amy Bender-Levy (third from left) and
a representative of the Missouri National Education Association
pose with one of the winners in the annual Law Day Essay
Contest.
19

invites students in three age categories (grades 4-5,
6-8 and 9-12) to participate in a law-related essay
contest, with U.S. Savings Bonds awarded to the
top three essays in each age group. The winners are
invited to come to Jefferson City for recognition.
The YLS will also be sponsoring the Liberty Day
Project, which aims to teach a 5th grade lesson plan
on constitutional issues and laws at schools.
In celebration of Dr. Seuss’ birthday every
March, the YLS participates with the Missouri
National Education Association’s “Read Across
America” program. For this event, YLS members
across the state visit classrooms to read Dr. Seuss
books to students in an effort to promote youth
literacy and the joy of reading.
Public Information
The YLS also provides authorship and financial
support to a number of public service publications
that can be requested through The Missouri Bar. In 2012,
the YLS continued updating some of The Missouri Bar’s
publications, including the New Lawyer Survival Guide,
and also continued working on translating the Domestic
Violence and the Law handbook into Spanish, Vietnamese
and Bosnian. Other YLS publications include:
20
• Turning 18: Some Things About the Law You Need
to Know;
• Adoption Guide; and
• Senior Citizens Handbook (the YLS and the Missouri
Bar Foundation both provide funding for the
printing of the handbook)
YLS Awards
The YLS annually presents the Tom Cochran Community
Service Award to a member of the bar whose community
service and professionalism have significantly
enhanced his or her community. The award is named after
Thomas D. Cochran (1934-1981). Mr. Cochran was long
active in the work of the organized bar at the local, state
and national level, and his commitment to and contributions
to the practice of law, his community and his church
is an inspiration to all lawyers.
The second YLS award is the Liberty Bell Award, presented
to a non-lawyer or non-legal organization engaged
in public service activities that enhance the legal community
or are dedicated to the advancement of justice.
Nominations for either of these awards should be sent to
Eric Wilson, Legislative Counsel – The Missouri Bar, P.O.
Box 119, Jefferson City, MO 65102-0119. The nomination
should include the name and contact information of
the nominee, the award for which the nominee should be
considered, and a brief description of the nominee’s public
service activities.
Upon taking the oath of admission to The Missouri Bar, new
admittees also automatically become members of the Young
Lawyers’ Section.
YLS Website and Social Media Presence
In 2012, the YLS continued updating its website at
http://www.mobaryls.org, which provides a variety of
resources for members of The Missouri Bar Young Lawyers’
Section. The website includes a statewide calendar of
young lawyer events, information about how young lawyers
can get involved in YLS activities, information about
Missouri Bar resources for young lawyers, and access to
YLS publications. The YLS has also created a Facebook
page to improve communication with, and outreach to, its
members.
Member Services
Finally, the YLS provides various other services to
members of The Missouri Bar, including continuing legal
education programs, a quarterly newsletter sent to all
young lawyers in the state, social events at regional and
annual meetings, and other activities designed to build relationships
among new attorneys and to encourage young
lawyers to interact with members of the judiciary and
leadership of The Missouri Bar.
Leadership Academy
Overview
For a dozen years, the Leadership Academy of The
Missouri Bar has fostered the development of future
bar leaders. Under the leadership of then-Missouri Bar
President Michael P. Gunn and Board of Governors
member Dana Tippin Cutler, the Leadership Academy was
developed in 2000. In that time, a total of 128 lawyers in
12 classes have participated in the Academy.
The Academy encourages diversity among the
leadership of The Missouri Bar by recruiting and targeting
young or recent admittees (under age 40 or less than 10

years of practice) to the bar who are already outstanding
leaders in their communities for participation in the
program and a commitment to work for the bar.
Participant Diversity
The Leadership Academy seeks diversity in gender,
race, area of practice, and locality of practice. The
Academy program anticipates that bringing in attorneys
from under-represented arenas will broaden and strengthen
The Missouri Bar.
Nomination, Application and Selection
In the spring of each year, nominations are accepted for
a new Leadership Academy class. Eligible members of
The Missouri Bar may be nominated by attorneys, their
firms or co-workers, and local or specialty bars. Generally,
each class is limited to 12 or fewer members to ensure the
goals of the program. After the close of nominations, all
nominees receive applications to complete and return to
The Missouri Bar. A committee reviews the applications
and selects the members of the new Leadership Academy
class.
Training & Participation
In the fall, the new Leadership Academy class meets at
The Missouri Bar Center in Jefferson City for orientation
and a tour. During the next 11 months, the class attends
workshops; completes a group service project; and meets
with leaders of The Missouri Bar, Leadership Academy
alum, and others to discuss leadership opportunities and
development.
Future Bar Involvement
Upon completion of the group service project in July,
each member of the Leadership Academy commits to two
additional years of active service in The Missouri Bar.
Leadership Academy alum have served as members of
the Board of Governors, committee leaders, YLS Council
members, MoBarCLE volunteer speakers and authors, and
active Missouri Bar committee members.
2011- 2012 Class
The twelfth year of the Leadership Academy was
a success. The 12 attorneys in the 2011-2012 class
collaborated with the bar’s Citizenship Education
Department to develop a collection of lesson plans,
student assessments, slide presentations, and learning
activities entitled, “The Internet is Forever.” The materials
are divided into five categories and cover: making good
choices online; social media; cyberbullying; piracy and
hacking; and phones and texting.
The 2011-2012 Leadership Academy class also
developed an overview explaining the project’s purpose
and goals to parents and school administrators. The
materials are available for educators to download from The
Missouri Bar’s website.
Make the connection …
The Missouri Bar has now established an official presence
on three of the most popular social media platforms –
Facebook, LinkedIn and Twitter!
Lawyers, judges and colleagues throughout the state – and
around the world – can now connect to The Missouri Bar using these three
popular social media resources. It’s the fast, easy and convenient way to stay
abreast of the latest news and services offered by The Missouri Bar. With 24/7
access, information from your Missouri Bar is always available – wherever you
are – via desktop, laptop or smartphone.
Follow The Missouri Bar at:
@Mobarnews
http://www.facebook.com/missouribar
http://www.linkedin.com/company/the-missouri-bar
21

Public Information/Education
Public Information
Having established itself as a leading source of information
about the justice system and the role of lawyers in society,
The Missouri Bar continues to expand and improve
the resources it makes available to the public and uphold
its commitment to education.
Legal Issues Brochures
The most recognizable product of The Missouri Bar’s
public information program is a series of brochures explaining
basic aspects of the legal system. These brochures
are grouped into “resource guides” offering information
in six general categories: client information, probate law,
family law, consumer law, business law, and law and the
courts. With more than 50 brochure titles in The Missouri
Bar’s public information library, citizens can find information
about nearly every aspect of the legal system – from
traffic violations to divorce or the need for a will. The
Missouri Bar distributes the resource guides in libraries,
government offices, county courthouses, city halls and
attorneys’ offices, in addition to direct requests from the
public. Missourians receive more than 100,000 copies of
the resource guides each year.
Website
In addition to these printed materials, The Missouri Bar
places a strong emphasis on the use of technology. The
growing importance of the Internet and e-mail has opened
the door to new ways in which to reach the public with
important legal information. The Missouri Bar’s website
(www.mobar.org) boasts thousands of pages and documents
detailing virtually every program, activity and service
provided by the state bar. Almost all of this material is
also available on the website as a downloadable document.
The Missouri Bar website is an increasingly crucial means
of communicating with Missourians who wish to learn
more about the law and the justice system.
Recognizing the growing importance of the Internet as a
vehicle for distribution of information to the public about
the justice system, The Missouri Bar in 2011 redesigned
its website to facilitate the public’s search for information
about legal issues. Those who visit the site will find prominent
links to: help them find a lawyer; gain access to valuable
citizenship education materials of interest to teachers,
students and Missouri citizens; and a comprehensive array
of helpful brochures, resources and other information designed
to help Missourians understand their rights, the law
and the justice system.
The Missouri Bar also hosts another website,
www.ShowMeCourts.org, which offers a wealth of information
about Missouri’s judicial system. It includes details
about the structure of the state’s judiciary, the difference
between partisan and non-partisan judicial elections,
information for jurors, and even lesson plans for educators.
Social Media
In addition – in recognition of their growing importance
as a communications resource – The Missouri Bar has
joined the online conversation by communicating through
social media platforms, including Facebook, LinkedIn,
Twitter, and YouTube. Through these outlets, the state bar
is to carry its message to ever-larger groups of people.
Tweets and Facebook posts are routine and used to provide
the public with additional ways of learning about The
Missouri Bar’s services, projects and resources.
Facebook.com/MissouriBar has more than 700 “likes” and
is growing daily, while Twitter.com/mobarnews has more
than 500 followers. YouTube is also used to communicate
with the public by sharing video projects.
Working With the News Media
The Missouri Bar understands that, despite its best efforts,
it cannot always place information about the legal
system directly into the hands of the public. Accordingly,
The Missouri Bar recognizes the vital role played by the
news media in disseminating timely information to the
general public. The state bar strives to maintain a partnership
with print and broadcast journalists to ensure that
Missourians gain a better understanding of their rights and
responsibilities under the law.
Working closely with reporters and news directors to
explore crucial legal issues is the main goal of The Missouri
Bar’s media relations efforts. Missouri Bar officers
and members of the Board of Governors often meet with
representatives of the news media to discuss pressing legal
issues of the day. Additionally, The Missouri Bar’s Communications
and Media Relations departments serve as
a resource for reporters, fielding questions and arranging
interviews with bar officers.
Staff members also work with the bar’s Media Law
Committee to provide support for such committee projects
as the Media Law Handbook, which was provided to all
media outlets and is also available on the bar’s website.
Likewise, the members of the Missouri Press-Bar Commission
– composed of lawyers, judges, broadcasters and
print journalists – discuss issues of concern to the media
and legal community by developing programs and projects
to address these matters. The Commission produces
22

the News Reporters Handbook and was instrumental in
developing the Supreme Court rule allowing cameras in
Missouri courtrooms in selected situations.
Institutional Ads
Each year, the president of The Missouri Bar chooses
three issues/topics to address with the bar’s institutional
advertising campaign. The campaign consists of three
radio and three 30-second television announcements that
are distributed by the Missouri Broadcasters Association.
Through a special public education program available only
to non-profits and governmental agencies, the broadcasters
association guarantees a minimum amount of airtime
on its member stations at an exceptional bargain, ensuring
that for every dollar the bar invests, it receives at least four
dollars’ worth of airtime.
Mini Law School for the Public
This program, initiated and coordinated by Board of
Governors member Nancy Mogab of St. Louis, has proven
to be an extremely popular way of increasing public understanding
of the law and appreciation of the role of lawyers.
To date, six series of programs have been held at the Saint
Louis University School of Law, each featuring six to eight
evening lectures per session. Courses are taught by experienced
lawyers, judges and law professors.
More than 150 participants attend each evening to hear
a two-hour lecture on various laws and the legal system.
Topics include everything from end-of-life decisions to the
Non-Partisan Court Plan and the lawyer discipline system.
Some of the programs have been televised in the St.
Louis area by HEC-TV (Higher Education TV). In addition,
thousands of other St. Louisans learn about this
program through advertisements that promote early registration.
Speakers’ Bureau
The Missouri Bar Speakers’ Bureau was initiated in
2010 to share information about the Non-Partisan Court
Plan. Since then, more than 350 lawyers have signed up as
volunteers to speak to civic, social and service clubs about
Missouri’s judicial selection system that affords all Missourians
fair and impartial judges.
Lawyers have reported giving more than 250 speeches
to these groups, meaning thousands of community leaders
are hearing the bar’s message to share with their friends
and family.
While the Non-Partisan Court Plan will continue as a
mainstay topic for speakers to discuss, the foundation of
speakers also provides opportunities to speak on other
issues of importance to the legal community and their
impact on the public.
Judicial Performance Evaluation
As is the case during every election cycle, an important
public education initiative was undertaken again in 2012
with completion of the Judicial Performance Evaluation
Survey. Seven committees – each composed of six
lawyers and six non-lawyers – conducted comprehensive
reviews of merit-selected judges seeking retention at the
2012 general election.
As part of the review process, the committees considered
lawyer evaluations, peer review surveys, juror evaluations,
in-court observation and samples of judges’ written
opinions in developing recommendations to “retain” or
“not retain” each of the judges seeking retention.
The complete results of the evaluations – including the
raw data from surveys, as well as the judges’ written opinions
– were posted on The Missouri Bar’s website in early
September, giving voters the chance to educate themselves
about these judges prior to casting their judicial ballot.
Citizenship Education
The Missouri Bar has always been committed to providing
quality citizenship education opportunities for teachers
and students throughout the state. The Missouri Bar
Citizenship Education Program sponsors workshops for
teachers, coordinates lawyer resources for classrooms, and
publishes and distributes a variety of citizenship education
materials, most of which are now online. The Missouri Bar
also partners with other civic education groups, such as
the YMCA Youth in Government program, KIDS Voting
Missouri and 4-H. In addition, the state bar also serves
as the state coordinator for iCivics, Justice Sandra Day
O’Connor’s civic education program.
A significant change in The Missouri Bar Citizenship
Education Program occurred in 2012 when Congress
decided to no longer fund programs of the Center for Civic
Education. Since 1999, The Missouri Bar has served as
the state coordinator for the Center for Civic Education’s
various education programs – We the People, Project
Citizen, and Representative Democracy in America. Coordinating
these programs also brought an influx of grant
money – sometimes as much as $110,000 per year. It also
increased the network of teachers that The Missouri Bar
reaches from about 750 to more than 3,000 teachers.
To compensate for the loss of more than $100,000 in
grant monies from the Center for Civic Education, the
Missouri Bar Foundation stepped in and allocated enough
funding so that the bar could continue its long-standing
and fruitful partnership with Missouri’s public, private
and parochial educators. In emphasizing its commitment
to ongoing efforts to provide students with a clear
understanding of government and the justice system, the
Foundation created the Keith A. Birkes Fund for Justice
23

Education in recognition of The Missouri Bar’s longtime
executive director who retired at the end of 2012.
With monies from the Foundation, The Missouri Bar
sponsored its annual summer institute. Thirty-five teachers
came to the Columbia College campus from July 16-19 for
The Courts — What You and Your Students Need to Know
(Federal and Missouri Courts). Scholars were Dr. Fred
Spiegel, Dr. Rick Hardy and former Missouri Supreme
Court Judge Michael Wolff. There also were pedagogical
sessions on how to teach about these topics, and the
institute ended with mock congressional hearings at the
Supreme Court of Missouri.
The 2013 summer institute, devoted to exploring the
powers of the presidency, will take place June 24-29 and
include: Greg Willard, a St. Louis attorney who is the
former attorney for President Gerald Ford and teaches a
course on presidential power at Saint Louis University
School of Law; and Mark Updegrove, director of the Lyndon
Baines Johnson Presidential Library and an acclaimed
author who has interviewed five U.S. presidents and four
First Ladies.
In addition, due to the large number of teachers who
have both We the People and Project Citizen materials
– programs previously made available by the Center
for Civic Education – The Missouri Bar will continue
to support these programs with help from the Missouri
Bar Foundation and The Missouri Bar Young Lawyers’
Section. Teachers and students throughout the state
continue to use the materials, and several regional events
showcase the students’ knowledge.
The We the People statewide constitutional hearings
were held on January 23, 2012 in Jefferson City. Joplin
High School won the state competition and represented
Missouri at the national constitutional hearings, which
were held in May. Due to financial support from the Young
Lawyers’ Section, a statewide hearing will take place on
January 28, 2013 at the State Capitol in Jefferson City.
Missouri lawyers and judges comprise a substantial portion
of the judging panels for these hearings.
The Missouri Bar Citizenship Education Program also
continues to provide regional workshops for American
Government teachers on how to prepare their students
for Missouri’s required end-of-course test in government.
Several regional workshops are scheduled for 2013.
Teachers who use The Missouri Bar’s materials report
a significant difference in test scores. The Missouri Bar
website also has extensive online resources for teachers to
use end-of-course preparation.
On September 17, The Missouri Bar hosted its sixth
annual Constitution Day program. The program was
broadcast from the Thomas F. Eagleton U.S. Courthouse in
St. Louis. The program was on Free Speech and Political
Campaigns and featured panelists:
• Diana Bartelli Carlin, Ph.D., vice-president of
Graduate Education, St. Louis University and the
creator of Debate Watch.
• Governor Bob Holden, who served as both Missouri
State Treasurer and the Governor of Missouri.
• Jack Oliver, a lawyer and former deputy chairman
of the Republican National Committee.
The bar’s partner for this program is HEC-TV in St.
Louis. More than 10,000 students in Missouri and other
states participated. Last year, the 2011 program on the
powers of the presidency was presented with a Telly
Award, an honor bestowed for excellence in public programming.
For many years, The Missouri Bar Citizenship Education
program has also partnered with the Missouri Press
Association’s Newspapers in Education program. In 2012,
The Missouri Bar’s contribution was a series of articles on
elections, including the Electoral College and re-districting.
The series has won national recognition.
In 2012, The Missouri Bar Citizenship Education Program
was awarded an American Bar Association grant to
present a program on Civility and Free Expression. With
additional funds from the Missouri Bar Foundation, The
Missouri Bar will use the monies for a two-day conference
entitled Civil Discourse in the Digital Age. Thirty-five
teachers will be invited to this one-time event, to be held at
Columbia College. The Missouri Bar is tying this grant to
the Civil War in Missouri. By linking the conference to the
Civil War, teachers will gain greater understanding as to
what can happen when civil discourse totally breaks down.
The Missouri Bar sponsored its fifth controversial issues
workshop November 28-29 in Columbia. Thirty-two teachers
learned how to incorporate controversial issues into
their curriculum and how to teach their students to discuss
controversial issues in a civil manner. The Constitutional
Rights Foundation conducted the workshop, which was
funded by monies from the Missouri Bar Foundation.
Meanwhile, The Missouri Bar and the Missouri Department
of Elementary and Secondary Education continue
to co-sponsor a recognition banquet for 15 Outstanding
Missouri Citizens chosen from among all Missouri high
school seniors. Members of the Advisory Committee on
Citizenship Education – the committee that oversees the
state bar’s citizenship education program – assisted with
the selection of the students who were recognized. The
recognition banquet is held in March at the Governor’s
Mansion in Jefferson City.
24

Member Communications
The primary purpose of The Missouri Bar is service to
its members. In keeping with that guiding principle, the
state bar recognizes that easy access to timely information
is a vital need for busy attorneys in a fast-paced world. As
a result, the organization constantly strives to expand upon
and improve its publications and other forms of communication
to ensure that its members’ needs are met. This
includes embracing new technologies and communications
strategies to reach its members.
Website
Of course, the premiere source for instantaneous information
is The Missouri Bar’s website (www.mobar.org).
The site includes extensive information related to virtually
every program or service available to members through the
state bar.
Lawyers will find the website’s “members only” section
most appealing. Using their bar number and PIN, both
located on their membership card, lawyers may perform a
variety of functions. For example, members can alter their
personal information, join committees or sections, participate
in committee listservs, and choose their preferred delivery
format for various bar publications. Four major bar
publications – Precedent, The Legislative Digest, and The
Courts Bulletin and the Journal of The Missouri Bar – are
available in the traditional print version or electronically
via e-mail notification and link. Similar options are available
for CLE notices, and delivery options may be changed
in the “members only” section of the website. Additionally,
lawyers may register online for future CLE seminars,
order publications over the Internet, and download public
information brochures.
Enhancing the website’s value is a recent redesign and
restructuring. The new version of the site is much more
user-friendly, featuring expanded and descriptive dropdown
menus, integrated search capability, and ready access
to the latest news and activities of interest – all incorporated
into an easy-to-follow organization and design. The
site also features an easy-to-find link to the Fastcase legal
research member benefit and useful links to other relevant
websites.
In addition, the new website includes enhanced two-way
interactive communication capabilities and offers easy access
to the state bar’s enhanced presence on popular social
media platforms such as Facebook, LinkedIn and Twitter.
Listservs
For lawyers serving on Missouri Bar committees, the
creation of litservs for each committee has greatly facilitated
improved communication among lawyers across the
state. Using this resource, members can exchange information,
offer assistance to one another, provide moral support,
and refer cases outside their geographic area. Figures
indicate that a significant percentage of the memberships
of most bar committees utilize the committee listservs.
ESQ.
A further commitment to easy access to information is
embodied in ESQ, The Missouri Bar’s weekly electronic
newsletter. Each Missouri Bar member whose e-mail address
is on record with the state bar receives ESQ every
Friday. Each issue of ESQ includes summaries of every
Supreme Court or Missouri Court of Appeals decision
from that week, as well as links to the full text of those
opinions. Practice tips, key governmental press releases,
issues affecting the practice of law, state legal services
information, law school alumni news, and upcoming
MoBarCLE programs are also included in each issue. ESQ
continues to draw rave reviews from lawyers who appreciate
its timeliness and valuable information.
Courts Bulletin
While ESQ provides weekly
summaries of court decisions,
The Courts Bulletin specializes in
providing more in-depth reporting
on the latest court decisions. Each
month volunteer attorneys, all authorities
in their respective subject
areas, prepare case summaries for
publication. The Courts Bulletin
is available to all members free of
charge upon request.
Journal of The Missouri Bar
All members also receive
bi-monthly The Journal of The
Missouri Bar. The Journal is The
Missouri Bar’s official publication,
and a valuable reference tool for
attorneys, with substantive articles
on the latest legal issues. Regular
columns, notices of Supreme Court
rule changes and more can be
found in each issue. Prior issues of
the Journal may also be found on
The Missouri Bar’s website.
Precedent
The newest addition to the roster
continued on page 28
25

Member Services
Missouri Lawyers’ Assistance
Program
The Missouri Lawyers’ Assistance Program (MOLAP)
is a professional, confidential counseling program that
serves lawyers, judges, law students and their families. The
program addresses substance abuse, depression, marital
and family issues, stress and burnout or other personal
problems that adversely affect personal or professional
well-being. Services are provided free of charge.
The program director, a licensed clinical social worker,
provides evaluation, counseling, and referral services.
Counseling is done via telephone or face-to-face at the
program office in Jefferson City. The program maintains a
toll-free number (800-688-7859) for ready access.
MOLAP services include unlimited access to a licensed
clinical social worker, assessment of problems, counseling,
information and referral, crisis intervention, coaching,
and case management. MOLAP can assist in coordinating
crisis intervention services for individuals and law firms.
The program maintains a roster of lawyer volunteers who
stand ready to assist others through peer support. The
program director will offer volunteer services to callers
when circumstances are appropriate.
The director also makes presentations about
MOLAP topics to various bar groups, law schools and
conferences. Topics have included substance abuse issues,
depression, burnout, stress management, conquering
procrastination, and professionalism. MOLAP also
provides articles for personal growth via The Missouri
Bar’s website, a quarterly newsletter (available on
request), and the annual Lawyers’ Assistance Conference.
Roughly 72 percent of calls to MOLAP come from
the person of concern. Approximately 28 percent come
from family members, judges, law colleagues. or official
sources. In those third-party matters, the director provides
coaching and assistance to the caller to plan best help for
the person of concern.
During 2012, MOLAP reached the milestone of having
served more than 2,000 people. Each year, about one-third
of new matters are about alcohol problems. Depression
and marriage/family issues are the second- and third-most
frequent concerns. During the past decade, an average
of 123 new matters per year has come to MOLAP. That
number will be exceeded in 2012, with 133 new matters
as of late November.
MOLAP conversations are confidential. MOLAP does
not report to the Office of Chief Disciplinary Counsel or
the Board of Law Examiners. From time to time, those
agencies contact MOLAP for assistance for a person who
is already involved with those offices.
26
MOLAP services can be accessed 24 hours a day, seven
days a week, by calling 1-800-688-7859. There is no
charge for MOLAP services. MOLAP is a program of
The Missouri Bar, but is partially funded by The Bar Plan
Mutual Insurance Company.
Jobs for Missouri Lawyers
Jobs for Missouri Lawyers assists lawyers and
graduating law students in search of legal positions, as
well as employers with positions available. This program
is provided at no cost to lawyers and firms or other
organizations with legal positions to fill. Web analytics
recently showed that this is the most frequently accessed
page on The Missouri Bar’s website, averaging 2,300 visits
per day.
This free listing of opportunities contains advertisements
from law firms, corporations and other businesses and
institutions with employment opportunities for lawyers.
The listing is available via a link in the state bar’s
electronic newsletter, ESQ, or by visiting the bar’s website.
Lawyers may also sign up for home delivery of the printed
listing, which is mailed twice a month.
The service’s listings are divided into three groups:
employment opportunities, contract services, and office
space/office sharing.
Employers with positions to fill, as well as lawyers
seeking positions, may contact Jobs for Missouri Lawyers
by calling 573-638-2249. More information and an online
form for employers to submit their positions are also
available on The Missouri Bar website (www.mobar.org).
Lawyer-to-Lawyer Dispute
Resolution Program
Operating under Supreme Court Rule 5.10, the
Lawyer-to-Lawyer Dispute Resolution Program offers a
mediation-like process and binding arbitration to resolve
disputes between lawyers over money and property issues
as well as complaints about professionalism matters.
These services are offered free-of-charge to Missouri Bar
members as a member service. The program is overseen
by the Lawyer-to-Lawyer Dispute Resolution Committee.
Volunteer lawyer facilitators serve the program without
compensation, making it possible to offer this service
without cost to the members who use it.
MoBar Net
MoBar Net is a subscription service provided by The
Missouri Bar through a technical partner, REJIS (Regional
Justice Information Service) in St. Louis. This service

provides online access to legal databases that are not
readily available on the Internet – including information
such as driving records, motor vehicle registration, and
criminal history checks, among others. MoBar Net services
now include Kansas City Municipal Court cases and
docket information as well as warrants and arrests in the
Kansas City area.
Fee Dispute Resolution Program
Fee dispute complaints are oftentimes the result of
misunderstandings between attorneys and clients or
complaints from clients about inferior service. The Fee
Dispute Resolution Program offers mediation and binding
arbitration on a voluntary basis to resolve disputes between
lawyers and clients about fees charged for legal services.
The major focus of the services within this program is
to assist the parties in coming to a mutually agreeable
resolution in mediation or a determination of a fair fee for
the legal services provided through binding arbitration.
Lawyers and non-lawyer professionals volunteer their
efforts to this public service program, which makes it
possible to provide the program at no cost to the parties.
The program now serves the entire state of Missouri with
the exception of the Kansas City area, where the Kansas
City Metropolitan Bar Association offers a similar service.
Complaint Resolution Program
The Complaint Resolution Program works toward
improving the image of the legal profession by assisting
with the resolution of less serious complaints about
lawyers outside of the formal disciplinary system. The
complaints are referred to the program from the Office
of Chief Disciplinary Counsel when it appears that the
parties would be better served by working with a neutral
facilitator to attempt to resolve these issues themselves
rather than through the disciplinary system.
Meaningful resolutions are often reached when the
parties have an opportunity to voluntarily meet, discuss
their concerns, re-establish broken communication lines,
and work together toward a resolution that is acceptable
to both parties. The volunteer facilitators are lawyers from
across the state who have completed training to assist the
parties under these circumstances.
Lawyer Resources for a Changing
Economy
A special committee of the Board of Governors
continues to work to address hardships Missouri Bar
members are facing due to the nation’s economic
downturn. A website features a compilation of many
services that are provided to members by The Missouri
Bar.
During 2012, the committee adopted a project to
develop a series of short online practical skills courses
consisting of a voice narrative and a PowerPoint
presentation for attorneys starting a practice due to the
lack of opportunities for attorneys who have been laid
off. These courses may be viewed free-of-charge on
The Missouri Bar’s website. Some courses have been
completed and others are in production.
Upon recommendation of the committee, the Board of
Governors in 2012 also agreed to offer the new CoreVault
member benefit described in more detail later in this
section.
Free Online Legal Research by
Fastcase
Through Fastcase, a Washington, D.C.-based company,
The Missouri Bar offers unlimited access to online legal
research to Missouri lawyers at no cost. This significant
member benefit saves Missouri lawyers thousands of
dollars annually in online legal research costs.
Members may access Fastcase through The Missouri
Bar’s website. Fastcase features Boolean and natural
language searching; the ability to search across caselaw,
statutes, CSR, court rules, CLE deskbooks (if a subscriber)
in one search; dual-column printing; the ability to search
by date range, jurisdiction, and others; the ability to sort
by document authority (most cited) and relevance; free
customer service and training; and many others.
During 2012, the Fastcase service was enhanced by
adding Supreme Court of Missouri cases going back to 1
Mo. 1 (1821) and Missouri Court of Appeals cases going
back to 1 Mo. App. 1 (1876). Previously, case law on
Fastcase extended back to 1 S.W.1 (1886).
LawPay Merchant Account Member
Benefit
To further assist attorneys in being paid by their clients,
The Missouri Bar offers LawPay Merchant Account as a
member benefit. Attorneys are able to accept credit and
debit card payments from clients through this service
at a discount. The service complies with ABA and state
requirements for managing client funds and correctly
handles earned and unearned fees.
In 2012, LawPay began offering PCI compliance as an
additional benefit to Missouri Bar members who are their
customers.
New CoreVault Member Benefit
The Missouri Bar announced an agreement in 2012 with
CoreVault, an Oklahoma-based company, to provide cloud
backup, recovery and hosting solutions at a discounted rate
for Missouri Bar members. The loss of data can mean the
loss of income, liability or disciplinary issues, and even
27

the loss of a law practice. When using this service, office
computers and servers are automatically backed up and the
data is stored off site. CoreVault’s cloud backup, recovery,
and hosting solutions feature personal service from certified
professionals that help law firms nationwide reduce
costs, minimize risks, and ensure data availability 24/7.
Discounts for Software
In 2012, agreements were entered into with CLIO, a
cloud-based practice management software company, to
offer discounts to Missouri Bar members. Additionally,
agreements for discounts for Missouri Bar members were
negotiated with Easy Soft for their Easy Trust software,
and STI offering discounts on PracticeMaster, a practice
management program, and TABS 3 billing software that
integrate together.
Other Member Benefits
The Missouri Bar has negotiated with various insurance
companies to offer discounted or very desirable rates
for Missouri Bar members. Endorsed or recommended
insurance services include professional liability, cancelable
and non-cancelable disability insurance, and retirement
planning. In addition, UPS offers shipping discounts and
discounts at UPS stores as a member benefit.
Law Practice Management Services
The Missouri Bar offers assistance with managing a law
practice through the following services:
• A practice management advisor on staff to answer
questions and provide resources;
• An online Law Practice Management Center rich
with resources of all types on starting and managing
a law practice;
• A lending library of resources;
• Various law practice management educational
programs offered throughout the year; and
• The annual Solo and Small Firm Conference.
Member Communications
(continued from page 25)
of regularly appearing Missouri Bar publications is
Precedent, which made its debut in 2007. Published
quarterly, Precedent is a practice-oriented publication
with recurring features on such issues as ethics,
practice tips, work-life balance, legal technology,
professionalism, and the business aspects of running a
practice. In addition, each issue of Precedent includes
one or more features providing in-depth coverage of
timely issues facing the legal profession or justice system.
Precedent is available to members either in hard
copy form or electronically.
28
The Missouri Bar’s Homepage
Newsletters
Many committees and sections of The Missouri Bar also regularly publish newsletters – either as hard copies or electronically
– to inform their members of developments in particular areas of the law. In addition, members receive special
mailings throughout the year for meeting registration, committee materials, and more. The state bar regularly includes
those materials on its website for greater ease of access and registration.
The Missouri Bar takes pride in bringing printed versions of these publications to its members via its own in-house
printing facilities. From inception to mailing, Missouri Bar equipment and personnel are responsible for the development
and production of all publications, resulting in tremendous cost savings and the freeing up of resources for other programs
of interest. To that end, The Missouri Bar will continue to invest in equipment that will allow it to more efficiently and effectively
meet the individual needs of its members.

Information Technology
Information technology advances at The Missouri Bar
during the past year were dominated by the development
and implementation of a new eCommerce system.
Items offered for sale though The Missouri Bar include
CLE publications, CLE programs, and event/conference
registrations. In the past, transactions with The Missouri
Bar were completed in various, and often labor intensive,
methods. This resulted in extra work for bar staff and an
inconsistent purchasing environment for members. To
move forward, it was determined that an eCommerce system
was needed that could be integrated with the organization’s
membership management database. Also, due to
the often complex pricing structure for CLE programs and
conference registrations, it was also necessary to have a
system that was highly customized.
To that end, in late 2011 the development of a new
eCommerce system was initiated. An internal team was
formed and requirements of a new eCommerce system
were documented. After a bidding process, a contract
was signed with a third party company with experience
in custom development of eCommerce systems and their
integration into the state bar’s membership management
application. During the last half of 2012, the eCommerce
application and its numerous customizations were developed.
In mid-December 2012, the eCommerce application
was launched. Though there are still improvements that
need to be made, the goal of creating a system that has the
desired customizations and integration with the membership
management application was achieved.
Other projects completed throughout the year include a
major software upgrade of The Missouri Bar’s membership
management application (iMIS), continued upgrades
of the organization’s website to help meet the needs of
members and the public, and information technology infrastructure
upgrades.
In addition, the election of members of the Young
Lawyers’ Section Council took place using an internally
developed online voting application. The goal is to utilize
electronic voting using this method for all Missouri Bar
elections.
Projects planned for 2013 include:
• Adding refinements and additional functionality
to the eCommerce system launched in late
2012.
• Installing and implementing IT support equipment
associated with the addition of a third
floor to The Missouri Bar Center.
• Upgrading IT infrastructure to better manage
higher website usage during peak periods
(MCLE reporting, dues processing, online
voting, etc.).
• Developing and using online voting processes
for Missouri Bar elections.
• Creating an online fundraising application that
will streamline the donation process.
• Upgrading The Missouri Bar’s internal network/domain
controllers.
• Implementing, in conjunction with the eCommerce
system, online payment of MCLE late
fees.
• Migrating and upgrading the dues process to a
new server.
• Making improvements to the MCLE process,
including opening submission of hours at the
beginning of the reporting year and allowing
online submission of previous MCLE hours.
• Investigating listserv replacements that will
better meet the needs of both the organization
and its members.
• Creating a custom time tracking/timesheet
application for internal use at The Missouri
Bar that will allow for easier tracking of staff
hours and less labor associated with managing
staff hours.
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The Missouri Bar Foundation
The Missouri Bar Foundation is the philanthropic
partner of The Missouri Bar, receiving financial support
through the generosity of bar members, their families,
and friends. Founded in 1950, the Missouri Bar Foundation
has quietly funded charitable and educational projects
that meet the law-related needs of the public and the legal
profession. Working to educate the public on matters of
the law and promote improvement in, and preservation of,
Missouri’s system of justice, the Missouri Bar Foundation
was created as a way to support projects that parallel its
objectives. These include:
• To aid needy members of the bar or dependents of
deceased members of the bar;
• To improve the administration of justice, and advance
the science of jurisprudence;
• To contribute to the study and improvement of legal
education;
• To elevate judicial standards;
• To preserve the American constitutional form of government;
and
• To preserve historic books, documents and other items
of legal significance or bearing on the administration of
justice.
The Fellows of the Missouri Bar Foundation
Membership in the Fellows of the Missouri Bar Foundation
is evidence of professional distinction and constitutes
a professional honor. The Fellows program consists of
levels of financial commitment to the Foundation, including
Fellows, Life Fellows and Sustaining Life Fellows.
Membership on the Fellows is by special invitation from
the Foundation’s Board of Trustees and membership cannot
exceed one percent of the members of The Missouri
Bar.
A Fellow of the Missouri Bar Foundation is a member in
good standing of The Missouri Bar who has made significant
contributions to the legal community throughout
the state. An applicant must also contribute $1,000 to the
Foundation or agree to complete a five-year financial commitment
to the Foundation in the amount of $200 per year.
A Life Fellow is a member in good standing of The Missouri
Bar who has met the criteria to be a Fellow and has
contributed an additional $2,500 to the Foundation or has
agreed to a 10-year financial commitment in the amount of
at least $250 per year.
A Sustaining Life Fellow is a Life Fellow who, after
meeting the criteria to be a Life Fellow, continues to contribute
the annual minimum contribution required to be a
Life Fellow.
30
New Missouri Bar Foundation Website
In 2012, the Missouri Bar Foundation launched its new
website, www.mobarfoundation.org. The website features
information about: grant recipients and projects; recipients
of Missouri Bar Foundation awards; the Foundation’s mission
and Board of Trustees; and opportunities to give.
The Keith A. Birkes Fund for Justice System Education
In 2011, the Foundation created a new fund in honor
of The Missouri Bar’s Executive Director, Keith Birkes,
who retired at the end of 2012 after 27 years in that post.
The new fund will support efforts by Missouri lawyers to
educate Missouri citizens about their justice system. To
contribute to this fund, a donor need only designate their
donation for this purpose at the time the gift is made.
The Missouri Bar’s Citizenship Education Department
has served hundreds of teachers who have educated
thousands of students about the role of our courts and the
importance of a fair and impartial judiciary. At the heart
of a successful judicial system are informed citizens who
understand the role of the judges who impartially serve in
our courts, the lawyers who dutifully advocate for their
clients, and the citizen jurors who carefully consider the
decisions of guilt or innocence, right or wrong. This fund
will support programs and projects that will ensure that
Missouri’s citizens of all ages and backgrounds understand
the judicial branch and the vital role it plays in our democracy.
Grants – What Does the Foundation Do With Your
Generosity
In recent years, the Foundation has provided more than
$100,000 in grants annually to support projects that further
the Foundation’s objectives. In 2012, grant funds were
provided to support law-related education, which educates
Missouri teachers and students about their justice system;
legal aid assistance to the victims of the Joplin tornado;
and the work of the MAI-Civil Committee to improve the
instructions used in state court civil cases.
Other notable grants provided in previous years include
funds to support the Missouri Lawyers Assistance Program
(MOLAP), which is a professional, confidential counseling
program for members of The Missouri Bar, their families
and law students. Through a variety of free services,
MOLAP helps individuals overcome personal problems
such as depression, substance abuse, stress and burnout.
Also, the Foundation helped fund the continued printing
and distribution of the Senior Citizens Handbook, which
provides information relevant to senior citizens on a
variety of law-related topics. Similarly, the Foundation

assists the Missouri Girls State and Missouri Boys State
programs by providing printed materials related to their
study of Missouri government.
A final category of grants that has been particularly
important has been assistance to needy members of the bar
and dependents of lawyers who have fallen on hard times
as a result of the recent economic downturn.
Awards and Scholarships
Mary B. Hocker established the Lon O. Hocker Awards
in 1954 in memory of her late husband, an outstanding St.
Louis trial lawyer. The Missouri Bar Foundation makes
these awards annually to young lawyers who have demonstrated
unusual proficiency in the art of trial advocacy
The David J. Dixon Appellate Advocacy Awards were
created by the Missouri Bar Foundation to recognize
outstanding achievement in appellate practice by young
lawyer members of The Missouri Bar. The award is named
after the late Judge Dixon of the Missouri Court of Appeals
for the Western District, whose tenacity, professionalism
and judicial skills epitomized outstanding appellate
practice.
The Purcell Professionalism Award was created in honor
of, and by the family of, Mr. and Mrs. Martin J. Purcell to
acknowledge outstanding professionalism in a Missouri
lawyer who has consistently demonstrated an exceptional
degree of competency, integrity and civility in both their
professional and civic activities.
The Spurgeon Smithson Awards were established in
1976 by bequest of the late Mr. Smithson, an outstanding
Kansas City lawyer. The Missouri Bar Foundation makes
the awards annually to Missouri judges, law professors
and/or lawyers deemed “to have rendered outstanding service
toward the increase and diffusion of justice.”
The W. Oliver Rasch Award was created by the Editorial
Board of the Journal of The Missouri Bar to recognize outstanding
substantive articles appearing in the Journal. The
award carries with it a cash stipend from the Missouri Bar
Foundation. The award is named after the late longtime
member and former chair of the Editorial Board.
The Henry C. McDougal Northwest Missouri Scholarship
Fund was established in 1992 by a bequest from Miss
Helen Roosevelt, Mr. McDougal’s granddaughter, to provide
scholarships for deserving Missouri law students from
northwest Missouri based on academic scholarship and
financial need. Mr. McDougal was an outstanding attorney
from northwest Missouri and president of the Missouri Bar
Association in 1894.
Other Ways to Support the Missouri Bar Foundation
Lawyer support is vital to the Missouri Bar Foundation’s
ability to serve as a source of financial assistance. Through
gifts, contributions and donations of all sizes, the Foundation
is able to continue its long tradition of support for
outstanding projects.
The Missouri Bar Foundation’s Memorial Program
serves as a special way to remember a loved one or
colleague, and to honor a birthday, anniversary or other
special occasion.
Gifts of stock are simple and beneficial for both the
Foundation and the donor. Donors can receive an income
tax deduction for the full fair market value of the stock
at the time the gift is made, regardless of the price of the
stock, so long as the stock has been held for at least one
year.
An estate gift to the Missouri Bar Foundation is a lasting
monument to one’s contribution to the legal profession.
Specific testamentary grants or legacies are easily
added to most fundamental estate plans.
Missouri Bar Foundation awards, presented at each Missouri
Bar Annual Meeting, recognize outstanding skills and exemplary
service by members.
31

Committee Chairs
32
Administrative Law Committee
Eric C. Taylor
Columbia
Advisory Committee on Citizenship Education
Stephen S. Davis
St. Louis
Alternative Dispute Resolution Committee
James R. Keller
St. Louis
Animal Law Committee
Dana K. Apple
Odessa
Annual Meeting Planning Committee
Walter H. Bley, Jr.
Gary Myers
Columbia
Business Law Committee
Brian D. Rogers
St. Louis
Civil Practice & Procedure Committee
Jonathan Z. Bickel
Kansas City
Susan Ford Robertson
Kansas City
Client Security Fund Committee
Scott A. Robbins
Poplar Bluff
Commercial Law Committee
James S. Cole
St. Louis
Norman W. Lampton
Columbia
Complaint Resolution Program Committee
James B. Condry
Springfield
Construction Law Committee
Jackson D. Glisson, III
St. Louis
Nadia Tahisha Sangster
Kansas City
Criminal Code Review Subcommittee
Jason H. Lamb
Jefferson City
Gwenda Renee Robinson
St. Louis
Criminal Law & Procedure Committee
Jason H. Lamb
Jefferson City
Gwenda Renee Robinson
St. Louis
Division of Judicial Administration
Hon. Joseph M. Ellis
Kansas City
Hon. Lisa White Hardick
Kansas City
Delivery of Legal Services Committee
Susan K. Lutton
Columbia
Jennifer L. Schwendemann
St. Louis
Editorial Board
Douglas E. Abrams
Columbia
Education Law Committee
Daniel Underwood
St. Louis
Elder Law Committee
Reginald H. Turnbull
Jefferson City
Eminent Domain Law Committee
Paul J. Purcelli
St. Louis
Environmental & Energy Law Committee
Aimee Davenport
Jefferson City
Family Law Section
Susan S. Jensen
Springfield
Fee Dispute Resolution Committee
Gary L. Stamper
Columbia
Finance Committee
Erik A. Bergmanis
Camdenton

Gender & Justice Committee
William R. Bay
St. Louis
Megan E. Phillips
St. Louis
Susan Ford Robertson
Kansas City
Government Attorneys Committee
Paul M. Harper
Jefferson City
Health & Hospital Law Committee
Anne C. Curchin
Jefferson City
Immigration Law Committee
Angela L. Williams
Kansas City
Insurance Law Committee
Linda Lee Hahn
Valley Park
Insurance Programs Committee
Janet Davis Baker
Overland Park, KS
Michelle Worrall Tilton
Leawood, KS
Intervention Committee
Hugh F. O’Donnell, III
Kansas City
Juvenile Courts & Laws Committee
Jill M. Katz
Kansas City
Labor & Employment Law Committee
Julia Diane Kitsmiller
Kansas City
Lawyers’ Assistance Committee
Gary K. Burger, Jr.
St. Louis
Lawyer-to-Lawyer Dispute Resolution Committee
Ronald C. Willenbrock
St. Louis
Legal Education Committee
Keith A. Cutler
Kansas City
Legislative Committee
Mary Lou Martin
Springfield
Local Government Law Committee
Barbara E. Birkicht
St. Louis
Lawyer Referral Service Committee
Tina M. Crow Halcomb
Jefferson City
Media Law Committee
Mark S. Sableman
St. Louis
Military Law Committee
Thomas W. Rynard
Jefferson City
Minority Issues Committee
Stephanie D. White Thorn
Jefferson City
Online Legal Research Committee
Steve Scott
Columbia
Paralegals Committee
Suzanne M. Kissock
St. Joseph
Patent, Trademark & Copyright Law Committee
Janet S. Hendrickson
St. Louis
Probate & Trust Law Committee
David English
Columbia
Property Law Committee
Timothy T. Sigmund
Jefferson City
Solo & Small Firm Practice Committee
Chris A. Wendelbo
Springfield
Special Committee to Assist Lawyers
in a Changing Economy
Raymond E. Williams
West Plains
Special Committee on CLE
Patrick B. Starke
Blue Springs
Staff Pension & Benefits Committee
Clarence W. Crumpecker, Jr.
Kansas City
Taxation Law Committee
Charles F. Jensen
Kansas City
33

Technology & Computer Law Committee
Jeffrey L. Schultz
St. Louis
Tort Law Committee
Roger D. Nail, Jr.
Leawood, KS
Transportation Law Committee
Theodore D. Agniel
St. Louis
Travel Committee
James T. Cook
Kansas City
Workers’ Compensation Law Committee
Hon. L. Timothy Wilson
Nixa
BOARD DISTRICTS
ATTORNEYS IN GOOD STANDING
Paid Category 1 Fees 20,428
Paid Category 2 Fees 2,157
Paid Category 3 Fees 5,130
Exempt From Fee Payment 1,428
New Attorneys 907
Total in Good Standing 30,050
34

The Missouri Bar 2012 Actual Fiscal Year Report
Jan. 1 - Dec. 31, 2012
Where The Missouri Bar's
Receipts Come From
Where The Missouri Bar's
Disbursements Go
$9,701,246
$10,277,025*
Enrollment Fees - 57.9%
Continuing Legal Education
Programs & Publications - 31.0%
Grants & Awards - 3.6%
Other - 3.0%
Advertising & Publication
Sales - 2.5%
Meeting Registration
& Ticket Sales - 2.0%
Continuing Legal
Education Programs
& Publications - 30.1%
Public
Information - 13.0%
Administration - 9.4%
Legal Services - 7.8%
Member Benefits
& Assistance - 5.3%
Committees - 5.0%
Annual Meeting - 4.8%
Publications - 4.3%
Board of Governors - 3.8%
Other** - 3.7%
Legislative Activities - 3.6%
Minimum Continuing
Legal Education (Rule 15) - 3.0%
Client Security Fund - 2.8%
Officers, ABA Delegates
& Staff Travel - 2.8%
Young Lawyers'
Section - 1.6%
*Deficits funded by Missouri Bar Reserves.
**Pro bono, advances and other schedules comprising less than 0.5% of total disbursements.

The Lawyer’s Oath
I do solemnly swear that I will support the Constitution of the United States and
the Constitution of the State of Missouri;
That I will maintain the respect due courts of justice, judicial officers and
members of my profession and will at all times conduct myself with dignity
becoming of an officer of the court in which I appear;
That I will never seek to mislead the judge or jury by any artifice
or false statement of fact or law;
That I will at all times conduct myself in accordance with the
Rules of Professional Conduct; and,
That I will practice law to the best of my knowledge and ability and with
consideration for the defenseless and oppressed.
So help me God.
36