Complete Precedent - the Missouri Bar

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RESPONSIBILITIES OF THE BAR By Keith A. Birkes We’ve Come a Long Way . . . I remember, in the early 1980s, when fax machines were first available, deciding they were a fad and an unnecessary expense. So much for my instincts when it comes to technology! It’s easy to long for the days when rapid communications meant an air mail stamp and a quick turnaround on written communications was 10 days to two weeks. Deliberation and thoughtful preparation take on an entirely different meaning in view of current communications technology. Clearly, human beings are amazingly adaptable – otherwise, our internal circuitry would have blown out from intense overload years ago. This issue of Precedent discusses legal ethics in the context of current and developing communication technologies. As amazing as those technologies are, we have grown used to having the unforeseeable within a very short period of time. The benefits of these new technologies, of course, far outweigh the new considerations and risks. From my perspective, common sense continues to be the most valuable commodity in applying developing technology. The core principles and values in protecting the confidences of clients and the image of the profession must be followed. To the extent simple good sense is ignored, professional interests will be compromised. When it comes to practicing law or life in this developing rapid-fire communications era, the old axiom, “Look before you leap,” will serve us very well. Precedent welcomes letters from readers. We do not run letters that have been printed in, or are pending before, other legal publications whose readership overlaps ours. Letters should be no more than 250 words in length and e-mailed to precedent@mobar.org or mailed to: The Missouri Bar, Attn: Precedent P.O. Box 119, Jefferson City, MO 65102 Keith A. Birkes is The Missouri Bar’s Executive Director. We reserve the right to edit letters. Precedent does not print anonymous letters, and reserves the right to select and excerpt letters for publication. 2009-2010 Board of Governors District I Suzanne Bradley St. Joseph Allan Seidel Trenton District II Neil F. Maune, Jr. Hannibal District III Max E. Mitchell Sedalia District IV Brian Francka Jefferson City Mark Comley Jefferson City District V Hon. Charles Curless Lamar Edward J. Hershewe Joplin District VI Erik Bergmanis Camdenton District VII W. Edward Reeves Caruthersville Joseph P. Rice, III Cape Girardeau District VIII Vincent F. Igoe, Jr. Liberty Douglass F. Noland Liberty Patrick B. Starke Lee’s Summit District IX Hon. Richard Bresnahan St. Louis Genevieve M. Frank Clayton Carol Chazen Friedman St. Louis Paul G. Henry St. Louis Hon. John F. Kintz Clayton Hon. David L. Vincent St. Louis Lynn Whaley Vogel St. Louis District X Brett W. Roubal Springfield Wallace S. Squibb Springfield District XI Thomas M. Burke St. Louis Thomas J. Casey St. Louis Jennifer M. Joyce St. Louis Marie A. Kenyon St. Louis Nancy R. Mogab St. Louis Megan E. Phillips St. Louis District XII Stephen R. Bough Kansas City P. John Brady Kansas City Dana Tippin Cutler Kansas City Alan B. Gallas Kansas City Richard F. Halliburton Kansas City John S. Johnston Kansas City Patricia A. Sexton Kansas City Walter R. Simpson Kansas City District XIII Raymond E. Williams West Plains District XIV Eric J. Wulff St. Charles District XV *H.A. “Skip” Walther Columbia Eastern District Reuben Shelton Southern District Deanna K. Scott Western District Karen King Mitchell YLS REPRESENTATIVE John R. Gunn St. Louis 4 Precedent Spring 2010
Notice of 2010-2011 Missouri Bar Board of Governors Election District Vacancies Board Members Whose Terms Expire 1 1 Suzanne B. Bradley 2 1 Neil F. Maune, Jr. 4 1 Brian Francka 5 1 Edward Hershewe 7 1 W. Edward Reeves 8 2 Vincent F. Igoe, Jr. Patrick B. Starke 9 3 Paul G. Henry Hon. John F. Kintz Hon. David L. Vincent *Lynn Ann Vogel 10 1 Brett W. Roubal 11 3 Thomas J. Casey Nancy R. Mogab Megan E. Phillips 12 4 P. John Brady Alan B. Gallas Richard F. Halliburton Patricia A. Sexton 13 1 Raymond E. Williams 15 1 One-year term (unexpired term of H.A. “Skip” Walther) Eastern** 1 Reuben Shelton *Current officer of The Missouri Bar and does not have to file for re-election. Nominations for vacancies on the Board of Governors shall be made by petition signed by not less than 10 members of The Missouri Bar in good standing enrolled and entitled to vote in the respective districts created by Supreme Court Rule 7.03, from which the member or members of the Board of Governors are to be elected. Such petitions shall be mailed or delivered to the clerk of the Supreme Court of Missouri and received by him not later than July 1 prior to the election. Each member of The Missouri Bar may sign as many nominating petitions as there are members of the Board of Governors to be elected from the district in which the member of the bar is enrolled and entitled to vote. Ballots containing the names of all nominees will be mailed no later than July 20, with votes canvassed on August 15, 2010. ** For district-wide vacancies, nominating petitions signed by not less than 10 members of The Missouri Bar in good standing and entitled to vote in the nominee’s Court of Appeals district must be received by the executive director of The Missouri Bar by no later than July 1, 2010. A statement describing the nominee’s unique experience, knowledge and qualifications to represent diverse elements of the bar must be attached to the nominating petition. Ballots containing a link to vote online will be disseminated electronically to members of The Missouri Bar in each Court of Appeals district in which a vacancy occurs by August 1, 2010. Only members with valid e-mail addresses on their official record with The Missouri Bar will receive the electronic ballot. Electronic voting will end at 10 a.m. on August 15, 2010. While electronic voting is encour aged, members can contact The Missouri Bar by mail, telephone, fax or e-mail to request a paper ballot. All completed paper ballots for Court of Appeals district vacancies must be received by the executive director of The Missouri Bar by no later than 10 a.m. on August 15. For more information, contact Missouri Bar Executive Director Keith A. Birkes at (573) 635-4128, or by e-mail to kbirkes@mobar.org . Precedent Spring 2010 5
Page 1 and 2: Spring 2010 Vol 4, Issue 2 Technolo
Page 3: A Q U A R T E R L Y P U B L I C A T
Page 7 and 8: FEATURE ARTICLE lists can be a daun
Page 9 and 10: FEATURE ARTICLE ”Lawyers are dodg
Page 11 and 12: FEATURE ARTICLE If you have a perso
Page 13 and 14: FEATURE ARTICLE evolving technologi
Page 15 and 16: FEATURE ARTICLE Once upon a time (w
Page 17 and 18: FEATURE ARTICLE lead to allegations
Page 19 and 20: FEATURE ARTICLE data on the web sit
Page 21 and 22: FEATURE ARTICLE sitive data on sepa
Page 23 and 24: TECHNOLOGY What sets blogs apart fr
Page 25 and 26: TECHNOLOGY a Rotary meeting and sho
Page 27 and 28: TECHNOLOGY CHOOSING THE RIGHT SERVI
Page 29 and 30: Precedent Spring 2010 29
Page 31 and 32: Missouri Legal Trivia By Joseph Fre
Page 33 and 34: WRITING IT RIGHT legal “ground ru
Page 35 and 36: WRITING IT RIGHT contributions by o
Page 37 and 38: WRITING IT RIGHT army of steamrolle
Page 39 and 40: WRITING IT RIGHT In State v. Weathe
Page 41 and 42: WRITING IT RIGHT 79 See, e.g., Vinc
Page 43 and 44: FEATURE ARTICLE to being read or pu
Page 45 and 46: FEATURE ARTICLE pursue the represen
Page 47 and 48: MAILBAG Cut federal legal aid fundi
Page 49 and 50: LAW PRACTICE MANAGEMENT another cou
Page 51 and 52: BOOKSHELF What is not complex is th
Page 53 and 54: PROFESSIONALISM sealed documents. T
Page 55 and 56:
ETHICS plined even if the underlyin
Page 57 and 58:
Forty Words Replace Several Hundred
Page 59 and 60:
Notice of 2010-2011 Young Lawyers'
Page 61 and 62:
TRANSITIONS appointed to the Ad Hoc
Page 63 and 64:
TRANSITIONS ney D. Gray), two senio
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