Springfield Metropolitan Bar Foundation

2016 NABE/LexisNexis Community and Educational Outreach Award Project - Springfield Metropolitan Bar Foundation BAR N E

Mark McQueary receives the award on behalf of the Springfield Metropolitan Bar Foundation August 4, 2016 at the ABA annual meeting in San Francisco Photo Credit: Gene X Hwang of Orange Photography — In This Issue — W Bar Foundation Spotlight Aspiration to Impact – Patrons, Programs and Promise Support the Foundation! Triviae Nox at the Fairbanks and Bearister 5K Recap S A Springfield Metropolitan PLUS Bar Association Publication Brewing Up A Debate: Attorney General Candidates Leading Ladies of our and Bar 2016 at October Monthly Lunch Issue Six SUSTAINING MEMBERS as of September 20, 2016

Chantel Alberhasky - Randy Alberhasky - Kristoffer Barefield - Erik Bergmanis - Stacie Bilyeu - The Hon. Becky Borthwick - The Hon. Jason Brown - Thomas Burke - The Hon. Don Burrell - The Hon. Ron Carrier - Kim Chaffin - Ron Conway - James Corbett - Matthew Corbett - The Hon. Michael Cordonnier - David Crawford - Richard Crites - The Hon. John Crow - Michael Cully - Gary Cunningham - The Hon. Charles Curless - Dana Tippin Cutler - Deborah Dodge - BAR Greg Dorshorst - Nate Dunville - Alexander Edelman - Randall Eggert - The Hon. James England - Thomas Field - The Hon. William Francis - Virginia Fry - Dwayne Fulk - Mark Gardner - Topper Glass - Ginger Gooch - Teresa Grantham Fiester - Shannon Grisham - Jennifer Growcock - Matthew Growcock - Fred Hall - Sam Hamra - Eugene Han - The Hon. William Hass - Courtney Hayes - Thomas Hearne - The Hon. Michael Hendrickson - Crista Hogan - The Hon. John Holstein - The Hon. Andy Hosmer - Robert Ingold - Donald Jones - John Kail - Doug Kays - Emily Kembell - Danielle Kincaid - Paul Kirk - Kurt Larson - John Lightner - Rod Loomer - The Hon. Gary Lynch - Evelyn Mangan - C. Dudley Martin - Regi Martin - Summer Masterson-Goethals - Bruce McCurry - Abram McGull - Mark McQueary - Thomas Morrissey - Michelle Moulder N - The Hon. Thomas Mountjoy - Bryan Musgrave - Patricia Musick - Katherine O’Dell - Tom O’ Neal - Ashley Norgard - Robert Palmer - The Hon. Margaret Palmietto - The Hon. Lisa Page – The Hon. John Parrish - Joe Passanise - Andrew Peebles - Scott Pierson - The Hon. Mark Powell - John Pratt - Nancy Price - David Ransin - Catherine Reade - John Reed - Ken Reynolds - B. J. Richardson - The Hon. David Rush - Matthew Russell - Tom Rykowski - Ted Salveter - Kendall Seal - John Schmidt - Joseph D. “Chip” Sheppard, III – Paul Sherman - Kenton Slankard - Stephen Snead - Amy Squibb - Ron Stenger - Stephanie Stenger Montgomery - Laurel Stevenson - Tom E Strong - The Hon. Richard Teitelman - The Hon. Todd Thornhill - Ashley Twibell - Branden Twibell - John Vaughan - Lee Viorel - Dee Wampler - Bill Wear, Jr. - The Hon. Henry Westbrooke - The Hon. Dean Whipple - David Wieland - Richard Wilson - Will Worsham - The Hon. David Zerrer

And the late Hon. James Prewitt, who was a loyal and supportive member of the bar and will be W greatly missed.

Sustaining Member Lapel Pins

Pick yours up at the SMBA office or let us know and we will be S happy to mail it to you. Coming Soon: Moxie Matinee - Free Movie for Sustaining Members 2016 Save the date: November 12, 1:00 p.m. Issue Six SEPTEMBER 2016 : 3

— CONTENTS —

SMBA BOARD Robert Palmer, President ARTICLES Ginger Gooch, President-Elect Ashley Twibell, Secretary 5 Springfield Metropolitan Bar Foundation Emily Kembell, Treasurer by Robert Palmer, SMBA President Mark McQueary, Past President

7 National Recognition and Local Impact EX OFFICIO by Mark McQueary, President, Thomas Mountjoy, Presiding Judge Springfield Metropolitan Bar Foundation Crista Hogan, Executive Director

9 Foundation for Excellence - Catalyst for Good DIRECTORS by Crista Hogan, Executive Director Chantel Alberhasky The Hon. Don Burrell 14 Recent Developments in Managing Client Files Jeff Bauer by Michael Downey, Downey Law Group, LLC Stacie Bilyeu John Pratt Jason Smith 17 Tech Takeover by Amber Throckmorton, Paperwise Matthew Growcock Eugene Han Jim Tucker Upcoming Events and SMBA CLE Tom Carver John Lightner 10 Triviae Nox at the Fairbanks Joseph Reid 13 Monthly Lunch and Bar Brew The Bar News is published by the Springfield Metropolitan Bar Association. Views expressed Activities, Achievements and Announcements are those of the authors and do not necessary reflect the 4 Bench and Bar News policy or position of the SMBA. Advertising is accepted based on 8 Bearister 5K Results and Recap space availability and suitability to audience and does not imply 11 Bulletin Board endorsement. Editorial inquiries should be made to chogan@ springfieldbar.com. Advertising 23 Classifieds inquiries should be made to [email protected].

THE OBJECT OF THE SPRINGFIELD BAR BAR NEWS STAFF Crista Hogan, Editor Established October 17, 1903 Rebekah Teller, Designer James Green, Assistant • To maintain the honor and dignity of the profession of law, Evan Grosch, Intern • to cultivate social interaction among its members, Riley Quinn, Intern

• and for the promotion of legal science, SMBA 1615-D S. Ingram Mill Rd. • and the administration of justice. Springfield, MO 65804 (417) 831-2783 BENCH AND BAR: News and Announcements

Welcome New Members! New Custody Language The results of the July bar exam were recently Pursuant to House Bill 1550, this language is now released and there are some new faces in the required in every court order that establishes or bar. Some just graduated and are new to the modifies custody or visitation: In the event of profession and others are new to our community. noncompliance with this order, the aggrieved party BAR We welcome all and look forward to getting may file a verified motion for contempt. If custody, acquainted. New members will be invited to visitation, or third-party custody is denied or participate in our Tour de Courts program so interfered with by a parent or third party without please let us know if we need to add anyone to our good cause, the aggrieved person may file a family list. Email [email protected]. access motion with the court stating the specific facts Attorney at Law: that constitute a violation of the custody provisions Victoria Marszalik • Tati Scholfield-Johnson of the judgment of dissolution, legal separation, Cox Health: Christie Eckhardt or judgment of paternity. The circuit clerk will Greene County Prosecutor’s Office: provide the aggrieved party with an explanation Max Nagle • Paul Rebar • Gage Fletcher of procedures for filing a family access motion and Hall Ansley: Chip Lee a simple form for use in filing the family access N Husch Blackwell: Nathan Stech • Larissa Warren motion. A family access motion does not require the Legal Services of Southern Missouri: assistance of legal counsel to prepare and file. Antonio Hansberry Lowther Johnson: Megan Million • Lynsey Russell 38th Circuit Court Receives Permanency Missouri Public Defender’s Office: Award Patty Poe • Hannah Kahn • William Conway The 38th Judicial Circuit was recently honored with Neale & Newman: Ryan Frazier a Permanency Award. The Honorable Mary Russell The Law Store: Mallory McDonald of the Missouri Supreme Court presented the award Tolbert, Beadle & Musgrave, LLC: Jacob Uhler in a ceremony held for that purpose August 30. E Turner Reid: Jeff Coffey • Jeff Upp U.S. District Court – Judge Harpool: Judge Russell Receives McMillan Award Jared Guemmer The 2016 Theodore McMillian Judicial Excellence Award recipient is Missouri Supreme Court Judge Court of Appeals Gives Award Mary Russell. The McMillian award is presented In recognition of his commitment to judicial by The Missouri Bar to recognize jurists who, by education and his dedicated service as a member virtue of their integrity, leadership and diligence of the Appellate Court Education Committee, in the pursuit of the efficient administration of Judge Gary Lynch of the Missouri Court of justice, inspire other members of the judiciary to W Appeals, Southern District, was awarded a similar noble purpose. certificate of appreciation during a recent court en banc meeting. Judge Lynch has served the Family Court Commissioners Selected Appellate Court Education Committee since The 31st Circuit Court en Banc has selected 2007. Judge Lynch has been an appellate judge two SMBA members to fill the family court since January of 2006. Prior to that, he was a commissioner positions, which will become circuit judge for Polk County. He currently lives in vacant with the retirement of Commissioners Sue Bolivar, Missouri. Chrisman and Scott Tinsley. Regi Martin will be the new commissioner of Family Court Division Retirement Reception One with an anticipated start date of November S A retirement reception honoring Commissioner 23, 2016. Susan Jensen was selected as the new Scott Tinsley and Commissioner Sue Chrisman will commissioner for Family Court Division Two be held on Friday, October 14, 2016 from 12:00pm - starting on or about November 1, 2016. Both 2:00pm at the Greene County Judicial Facility, 1010 Martin and Jensen come to the court from private N. Boonville Ave (First Floor Jury Assembly Room) practice, Martin as a sole practitioner and Jensen Springfield, Missouri. Remarks will commence at from the firm Pratt, Jensen & Grisham. 2016 12:30. Refreshments will be served. Issue Six SEPTEMBER 2016 : 5 SPRINGFIELD METROPOLITAN BAR FOUNDATION

by Robert Palmer 2016 SMBA President

Most members of the Springfield Metropolitan barriers. Various bi-lingual public forums on Bar Association are unaware that there is a immigration, employment, and general law were separate and totally distinct organization with an held across the community. In 2008, this project entirely different mission than the SMBA called received the national award for Excellence in the Springfield Metropolitan Bar Foundation. Public Service Programming by Lexis Nexis and Essentially the focus of the Association is on its NABE. members, the local courts, and the profession Lastly, in terms of national awards, in 2010 in general. The Foundation on the other hand is the Love Them, Don’t Leave Them Wondering focused on the community and our profession’s project by the Foundation received the Excellence involvement in it. The Foundation’s mission is of Public Service Programming award from the to be a charitable and educational organization National Conference of Bar Foundations. The goal committed to improving the legal profession of this project was to distribute and assist in the and to bettering the community through completion of over 1,000 health care directives service, education and volunteerism. It was by Valentine’s Day 2006. It was specifically formed to protect civil liberties, enhance public designed to assist individuals in understanding understanding and respect for the rule of law, to medical directives so that in the event of a provide public service and to provide equal access medical emergency their loved ones and care to the legal system. providers would not be left wondering about the Over the years, the Foundation has received patient’s wishes. This project involved not only the three national awards. The Magna Carta: Enduring providing of forms and documentation but also Legacy 2015-2015 project, which was headed up giving step-by-step in person instructions on how by the SMBA’s immediate past, President Mark to complete the forms and provided notaries and McQueary, brought the national traveling exhibit witnesses to assist in executing the documents. currated by the Law Library of Congress and The project was an outstanding success. produced by the American Bar Association to Other projects for which the Foundation is Springfield, Missouri and was hosted by Missouri responsible include the Bearisters, Fairbanks AD: State University. The exhibit, which was on display Advisors and , and the Mini Law School from October 10-23, 2015, touched over 4,000 for the Public. I have written in past newsletters people in our local community especially high about all three of these projects. However, briefly school students. If you did not go to see it, it The Bearisters is a Foundation project that was a tremendous exhibit that laid out the entire serves the students at Missouri State University history of the Magna Carta and how it affects our by providing volunteer who meet with legal system to his very day. This project received students by appointment for limited consultation the 2016 NABE Lexis Nexis Community and and referral. This project has been tremendously Educational Outreach Award. successful and is already up and running for this Sus Derechos: Your Rights was an effort in coming scholastic year. 2007 to help the burgeoning Hispanic immigrant Fairbanks AD: Advisors and Advocates is population in southwest Missouri by providing collaboration between the Foundation, SMBA, information to promote understanding of legal and the Fairbanks. The Fairbanks AD is not a rights and responsibilities. The goal was to help building but a vision to build a community that prevent the abuse by unscrupulous Notarios improves the quality of life for residents in one of and others from selling “legal advice” to recent the most distressed areas of our community, the immigrants who are particularly vulnerable to Grant Beach neighborhood. It has provided an being scammed due to language and cultural opportunity for young lawyers of the Springfield continued on page 23... 6 : BAR NEWS

— Springfield Metropolitan — BAR Bar Foundation

The Springfield Metropolitan Bar Foundation is a charitable and educational organization committed to improving the legal profession and to bettering the community through service, F education and volunteerism. The purpose for which the Foundation was formed is to protect civil liberties, to enhance public understanding and respect for the rule of law, to provide public service, and to provide equal access to the legal system. O Foundation for Excellence and Impact Since its inception in 2003 the Springfield Metropolitan Bar Foundation has supported community projects aligned with the mission and created projects in areas that were not already addressing foundation priorities. This issue of the Bar News highlights some of those programs as well as those U individuals who helped propel the mission from concept to community impact. Events, Fundraisers and Fun Raisers This year we added September’s Bearister 5K and October’s Triviae Nox at the Fairbanks to the calendar. Designed to raise fun and raise funds, these events go one step further. Each highlights the N efforts and impact of foundation programs.

National Recognition and Local Impact Mark McQueary reflects on Past, Present and Future of the Springfield D 7 Metropolitan Bar Foundation

Bearister 5K Recap and Results The annual 5K moved to the fall with a new name and venue but the Bearister A 8 Run had the same great fun and fast camaraderie. Foundation for Excellence - Catalyst for Good 9 Since it’s inception in 2003 the Springfield Metropolitan Bar Foundation has T fulfilled its mission by supporting and created projects aligned with foundation priorities. Executive Director Crista Hogan gives an overview of those efforts. 10 Triviae Nox at the Fairbanks: Show Us Your Smarts I Legal themes that are more Hollywood than hornbook, the inaugural event gives everyone an equal chance to be declared champs and take the traveling O trophy. Sign up today, secure your spot! N SEPTEMBER 2016 : 7 NATIONAL RECOGNITION AND LOCAL IMPACT

by Mark L. McQueary SMB Foundation

Earlier this month, I had the distinct resources and volunteer time have made that highlights our work in conducting honor of representing the Springfield projects like “Happy Birthday Magna quarterly legal clinics at the former school Metropolitan Bar Foundation in San Carta” possible. And those commitments to assist the Grant Beach neighborhood Francisco to accept the NABE LexisNexis have resulted in several national awards, and surrounding area. Participation in Community and Educational Outreach like this most recent one, recognizing the these fundraising opportunities by as Award for the Springfield Bar Foundation’s first-class projects and the community- many of our members as possible will “Happy Birthday Magna Carta” project. wide impact of our Bar Foundation. propel our Bar and Foundation’s work Although you have heard much about Although our celebration of Magna forward. this project during the past year, this Carta has come to an end, important Several years ago, the Foundation’s national award acknowledges a part of works still remains, and as with each of founding donors took a leap of faith the significant impact of our Bar and our past projects, the commitments of our that the Springfield Metropolitan Bar Foundation in our local community. members are vital. On Friday, September Foundation could become the nationally- This award also acknowledges the 16, the Bar Foundation will host the 2016 recognized and awarded organization tremendous efforts of all of our sponsors Bearister 5K with proceeds supporting that we are today. The impact that vision and community partners in this once- the Bearister program that links SMBA has had on our legal community and in-a-lifetime project and opportunity. volunteers with Missouri State University our local area is truly inspiring. Today, The award seems a fitting coda for our students with legal needs and questions every member can claim a stake in the celebration of The Great Charter. for limited consultations and referrals. Bar Foundation’s future by participating, Of course, the important work of our On October 21, the Bar will host Triviae donating, and committing to the vision of Bar Foundation would not be possible Nox (Trivia Night) at the Fairbanks to our founding members. I hope you will without the generous commitments of our benefit Fairbanks AD: Advisors and join me, our founders, our donors, and all members. Those commitments of financial Advocates, a fundraiser for the Foundation of our volunteers in doing so.

Springfield Metropolitan Bar Foundation Charter Donors The Charter Donors pledged their support and gave generously when the foundation was initially formed. Their leadership provided base needed to build and deliver on the lofty aspirations of the fledgling organization.

Lathrop & Gage, P.C. Jeff Schrag, The Daily Events Robert G. Ingold Neale & Newman, LLP Aaron W. Sachs Donald W. Jones Strong Garner Bauer, P.C Springer & Haseltine Paul W. King Husch Blackwell Sanders, LLP Stephanie Stenger Montgomery Kirkpatrick Philips and Miller, CPAs Turner, Reid, Duncan, Loomer & Patton, P.C. David & Susie Wieland William C. Love Carnahan Evans Cantwell & Brown, P.C. Hamburg & Lyons, LLC Rick Muenks Haden, Cowherd & Bullock, LLC Sam F. Hamra and Michael K Hamra Michelle Moulder Polsinelli Shugart, PC Douglas B. Kays Joseph Passanise Aleshire Robb & Sivils, PC Lee J. Viorel and Julie Viorel Pratt, Fossard, Jensen and Masters Baird, Lightner, Millsap & Harpool The Honorable Jason Brown Patrick K. Roberts Clifford S. Brown The Honorable John Crow State Bank of Southwest Missouri Crista Hogan Teresa Grantham Linda Thomas Lowther Johnson, Attorneys at Law LLC Hazelrigg, Roberts and Easley, P.C. Dee Wampler Reynolds Gold and Grosser, P.C. Hogan Land Title Company Kevin Austin Leland Bussell Hyde, Love and Overby, LLP The Honorable Mark Powell 8 : BAR NEWS BAR 2016 BEARISTER 5K

Race Results F (categories are mutually exclusive) Fastest Female: Megan Million Thank you Sponsors! Fastest Male: Frank Romines Fastest Judge: Andy Hosmer O Millington, Glass, Love & Young Fastest Lawyers Missouri State University - 1. Sarah Kerner Political Science Department 2. Patricia Musick U 3. Chantel Alberhasky Phi Alpha Delta Law Fraternity 1. Joshua Mareschal Tolbert, Beadle & Musgrave, LLC 2. Robert Musick N 3. Craig Hosmer Thank you Boosters and Volunteers! Fastest Firm: Haden Cowherd & Bullock, LLC A Tradition For 14 Years in the Running! Cindy Umana D Mark McQueary 2016: McAnany, Van Cleave & Phillips Ginger Gooch Joshua Mareschal, Patricia Musick and Abram McGull Robert Musick Victoria Marsazlik 2015: Pettit and Cowherd Injury Solutions A Kevin Pybas 2014: Haden, Cowherd and Bullock George Connor 2013: Strong Garner Bauer 2012: Bradshaw and Belk 2011: Bradshaw & Belk T 2010: Carnahan, Evans, Cantwell & Brown 2009: Strong Garner Bauer 2008: Lathrop & Gage 2007: Lathrop & Gage 2006: Blackwell, Sanders, Peper & Martin I 2005: Baird Lightner & Millsap 2004: Haden, Cowherd, Bullock & McGinnis O 2003: Husch & Eppenberger N SEPTEMBER 2016 : 9 FOUNDATION FOR EXCELLENCE - CATALYST FOR GOOD by Crista Hogan, Executive Director Springfield Metropolitan Bar Association and Springfield Metropolitan Bar Foundation

Since its inception in 2003 the Springfield Our upcoming Triviae Nox at the 2007: Day and Lyceum Metropolitan Bar Foundation has supported Fairbanks provides another opportunity to Lecture Series community projects aligned with the build support and showcase the work of our Lectures, forums and activities designed mission and created projects in areas that foundation while raising funds, funs and to encourage the exchange of ideas and were not already addressing foundation awareness. The concept of a Trivia event as increase interest and awareness in tangible priorities. This issue of the Bar News the signature fundraiser for the foundation manifestation and theoretical constructs highlights some of those programs as well was conceived years ago. This year, inspired of our legal system. Lectures hosted by the as those individuals who helped propel the by our foundation Fairbanks AD project, Springfield Metropolitan Bar Foundation mission from concept to community impact. Triviae Nox got off the drawing board and have included former U.S. Attorney General This year we added September’s on the calendar. John Ashcroft, former United States Senator Bearister 5K and October’s Triviae Nox The Fairbanks AD Project provides John Danforth and James Silkenat, Past to the calendar. Designed to raise fun and residents of the Grant Beach neighborhood President of the American Bar Association. raise funds, these events go one step further. advice and referral to help them overcome Each highlights the efforts and impact of legal and administrative impediments 2008 Sus Derechos foundation programs and simultaneously preventing economic security and family 2008 NABE Lexis Nexis Community and raise awareness of the foundation’s charitable stability. Multigenerational poverty has Educational Outreach Award and educational mission. resulted in a cycle in which residents have The bar foundation conducted bilingual The Bearister Run took place Friday the potential to be employed and improve public forums on immigration, employment September 16 with runners gathering as their lives, but lack the resources and and general law. Forums were held in the sun was rising. It wasn’t an entirely social capital to remove barriers to stable conjunction with seminars for business unfamiliar event. For more than two employment and stable lifestyles. and community leaders on complementary decades the Springfield Bar 5K has brought Triviae Nox at the Fairbanks is an topics through the Springfield Area together lawyers, runners and - opportunity to see the transformative effect Chamber of Commerce. runners for a bit of fun, fitness and friendly that vision and compassion can have on 2015 Magna Carta Project competition. This year that tradition our community. Acquired by Amy Blansit 2016 NABE Lexis Nexis Community and continued in the form of the Inaugural in 2013, the Fairbanks has experienced a Educational Outreach Award Bearister Run. This year, instead of coursing metamorphosis from a forgotten, decrepit The Springfield Bar and its community through the streets, the 5K course was 12½ school to a vibrant community center, partners hosted a total of twenty-four laps on the track, a detail which caused changing lives for the better along the way. Magna Carta related events in seven local some pre-race apprehension for both race Come and see for yourself, and show your venues and a national traveling exhibit. This director and runners. That apprehension smarts for a good cause at Triviae Nox community collaboration directly touched quickly dissipated and by the end of the race October 21. 4,000 people. runners conceded that they not only liked Bearisters and Triviae Nox are the the new venue, they actually preferred it. It newest additions to the time-line, but join 2015 Mini Law School for the Public was a great race and fun event thanks to our the impressive line-up of outstanding and For many years the Missouri Bar has runners, sponsors boosters and volunteers. award-winning foundation projects: partnered with law schools and libraries to The race name and location at bring this unique opportunity to residents Missouri State University showcased and 2005: Love Them, Don’t Leave Them of St. Louis and Kansas City. In 2015, with promoted the collaboration between the bar Wondering – Healthcare Directive Clinics support of the Springfield Metropolitan Bar foundation and the university in the creation 2010 National Conference of Bar Foundations Foundation, mini law school came to the of the Bearister Program. Legal issues are Excellence of Public Service Programming Queen City. The initial success insured that not always understood or addressed by Award the program will continue to be offered each overwhelmed students, many of whom are The first clinic drew a standing room year for the foreseeable future. dipping their toe into the adult world for the only crowd of 240. Ten years later, the bar first time. Bearisters are volunteer lawyers continues to mobilize volunteers annually who meet with Missouri State students for on National Healthcare Decisions Day limited consultation and referral. Bearisters and more than 2,000 people have received help students stay on track and focus on assistance. their studies by preventing small issues from becoming big problems. 10 : BAR NEWS

TRIVIAE NOX at the Fairbanks

Be Smart for a Great Cause! Fun and Fantastic Legal Theme Categories (pro-­tip: more Hollywood less Hornbook)

1126 N. Broadway October 21, 2016, 6:00-9:00, Doors open at 6:00 first round starts promptly at 6:30 Soda and snacks available through the evening, bring your own beverage

Form Your Team, Take The Title! • $400 - Table (8 tickets, must submit in single check/payment) • $75 - Individual Ticket Fabulous Prizes: First Place Overall: Medals and winner t-shirts for all team members Smartest Firm/Team Traveling Trophy: Top Team with 4 or more SMBA members

Sponsor Triviae Nox! Presenting Sponsor $2,500 Thank You Springfield Metropolitan Bar Foundation Board of Trustees

Triviae Nox Round Sponsor: $750 (total of 8 available) •. Half page (5.5 w x 4.25 h) ad in event program •. Firm listing on event signage and table tents •. Recognition during sponsorted round, opportunity to present prize to round winners • Recognition in event promotion

Triviae Nox is a fundraiser benefitting the Springfield Metropolitan Bar Foundation. The event venue highlights Fairbanks, AD, a foundation project conducting quarterly clinics at the former school. Clinic volunteers provide advice and resource to residents of the Grant Beach neighborhood. The project goal is to support economic and family stability by helping residents resolve conflict and overcome legal and administrative obstacles. The Springfield Metropolitan Bar Foundation is a 501(c)(3). Your donation is tax deductible as allowable by law. Sponsors commitments must be received by October 14 to be included in printed material.

Sign me up! Participant ______table(s) of up to 8 @$400 name______individual tickets @$75 email______

Sponsor firm/ team name______Presenting Sponsorship ($2,500) ____ check enclosed (made to Springfield Metropolitan Bar Foundation) ______Round Sponsorship(s) @$750 ____ invoice me SEPTEMBER 2016 : 11

BULLETIN BOARD

LIBRARY WINS AWARD MOBAR HONORS SMBA MEMBERS

Congratulations to Magna Carta community partner Springfield Several SMBA members were recognized at the Missouri Bar Greene County Library District, winner of the Missouri Library of Foundation and Public Service Awards Luncheon, Wednesday, the Year from the Missouri Library Association. September 21 during the Missouri Bar Annual Meeting.

Erica L. Mynarich, Carver Cantin and Mynarich LLC received DEATH & DYING: the Lon O. Hocker recognizing young litigators for excellence in CONVERSATIONS ON END-OF-LIFE MATTERS trial practice.

In October Springfield Greene County Libraries will join Donald M. Brown, Douglas Haun & Heidemann PC received the community partners in presenting a compelling series of events David J. Dixon Appellate Advocacy Award. and activities. The series is designed to encourage conversation about things few people are comfortable talking about. The Marsha I. Stiles, Midwest Center for Law & Justice received the Springfield Bar is sponsoring a panel discussion on end of life Pro Bono Publico Award. legal issues October 12 from 6:30-8:00 as part of the series. Thank you panelists Tom Peebles, Emily Kembell, and Josh Bade, and In addition to the lawyers recognized, Missouri Senator Bob moderator Danielle Kincaid. For a complete listing of programs in Dixon received the Missouri Bar Legislative Award. This award this compelling series, go to thelibrary.org/death/ recognizes Missouri legislators who have made significant contributions to legislation affecting the administration of justice The series also includes special events featuring these nationally and the integrity of the judiciary. known authors: • Dr. Angelo Volandes, 7 p.m. Oct. 13 at the Springfield Art Museum MILLER PUBLISHED • Caitlin Doughty, 6 p.m. Oct. 15 at the Library Center • Thomas Lynch, 7 p.m. Oct. 18 at the Library Center Missouri State University Professor, Carol Miller, was published • Roz Chast, 7 p.m. Oct. 20 at the Library Center in The Missouri Bar Journal: Carol J. Miller and Ross Petty, The FTC’s Environmental Marketing Guides: Clarify Attributes, 72 J Funding for this series was provided by a grant from the Hospice MO BAR 196 (July-Aug. 2016) Foundation of the Ozarks with additional support from the Library Foundation.For a complete listing of program and details go to thelibrary.org/death/

SMBA MEMBER NAMED SBJ INFLUENTIAL WOMAN

Tamara de Wild has been named as a 2016 Most Influential Women honoree. Each year, 20 women are honored by the Springfield Business Journal for their professional, civic and philanthropic contributions. De Wild will receive her award at a luncheon honoring this year’s recipients October 14 at the University Plaza Hotel Convention Center.

— SMBA CLE — Continuing

Continuing Legal Education is more than just scrambling to meet the mandatory annual requirements. In this Bar News you will BAR find articles by recent SMBA CLE presenters, and a preview of outstanding upcoming programs.

A Debate is Brewing October Bar Brew: Josh Hawley and Teresa Hensley, candidates for Missouri 13 Attorney General make their case for why you should elect them as our state’s N next top lawyer. Leading Ladies of our Bench and Bar 13 October Monthly Lunch: Missouri Bar President Dana Tippin Cutler and Chief Justice Patricia Breckenridge of the Missouri Supreme Court

Managing Client Files E Articles on New Rules and Tech Tips for Managing, Storing and Maintaining Client Records

Eleven Tips for Managing and Protecting Client Records 14 By Michael Downey, Downey Law Group, LLC Tech Takeover W 17 By Amber Throckmorton, Paperwise S 2016 Issue Six SEPTEMBER 2016 : 13

SMBA CLE MONTHLY PROGRAMS Outstanding October Offerings: Missouri’s Chief Justice and Missouri Bar President (Monthly Lunch) and Attorney General Candidates Debate (Bar Brew)

Lunch CLE Bar Brew Thirdsty Thursdays The Tower Club SMBA Springfield Brewing Co. 901 St. Louis Street, 22nd Floor BAR 305 S. Market Ave. 11:45-1:00 (1 MCLE) BREW 5:30-6:30 (1 MCLE)

Each SMBA Monthly CLE Lunch is only $30 for members with Each SMBA Bar Brew CLE is only $25 for members with advance advance registration ($40 onsite) Nonmembers may attend as guests registration ($30 onsite). Nonmembers may attend if space is of SMBA members ($40 in advance, $50 onsite) available ($50).

State of the Bench and Bar, October 19 Debate: Candidates for Missouri Attorney General Dana Cutler, President of the Missouri Bar October 20 At the October lunch we welcome the leaders of our state’s The field of candidates for the open Missouri Attorney bench and bar. The SMBA is pleased to host Missouri Chief General seat was narrowed to two in the August primary. Justice Patricia Breckenridge and Dana Tippin Cutler, newly Josh Hawley and Teresa Hensley have graciously accepted the installed president of the Missouri Bar. Don’t miss this SMBA’s invitation and will make their case for why you should outstanding opportunity to hear first- hand from the leaders of elect them as our state’s top lawyer. Don’t miss this unique our states bench and bar as the share their insights and priorities opportunity to get acquainted with the candidates. Space is on issues of importance to our profession and our state. limited so reserve your spot promptly

Trial War Stories from Seasoned Veterans of the Bar, The Times (for the Crimes) they are a Changin’- Missouri’s November 16, Presented by Rodney Loomer, Eric Belk, Kent New Code, November 17, Teresa Grantham Fiester Hyde and Steve Garner and Eric Jennings (Sponsored by Carver, Cantin & Mynarich) (Sponsored by Ellison Liggett, Litigation Consultants) Dire Straits: How to Conduct an Effective Voir Dire, Gifts from the Bench, December 21 December 15, The Honorable Jason Brown and The Honorable Mark Powell (Sponsored by OrthoClick, LLC)

Sign me up! Register online, by email ([email protected]), call us (417) 831-2783 or check the programs you would like to attend and mail this form to the SMBA, 1615-D S. Ingram Mill Rd, Spfd. MO 65804.

Name

Email Eleven Tips for Managing and Protecting Client Records

by Michael Downey Downey Law Group LLC BAR Two recent developments in legal ethics may of the records that must be kept for a minimum impact how lawyers handle client-related of six years. These records include at minimum: information. First, the Missouri Supreme Court (1) receipt and disbursement journals; (2) client- adopted amendments effective July 1, 2016, to specific ledgers; (3) fee agreements and similar the Missouri Rules of Professional Conduct that documents; (4) accounting statements showing regulate lawyers’ handling of client-related and disbursements made; (5) bills and expenses sent to trust-account records, Rules 4-1.15 and 4-1.22. clients; (6) disbursement records; (7) check-book Second, the Missouri Office of Chief registers and bank statements or the equivalents; N Disciplinary Counsel and other states’ bar counsel (8) electronic transfer records; (9) account have warned lawyers that certain emails appearing reconciliations; and (10) credit-card transaction to come from disciplinary counsel in fact do information. not, but may instead contain Cryptolocker-type The six-year period for maintaining trust- computer viruses or malware. account related records may not be shortened by In light of these recent developments, I an agreement with a client. offer eleven tips relating to the handling of client 4. Other client-related records must be kept records. six years, unless the client agrees to a shorter 1. The client still owns the entire file. period. The July 2016 amendment to Rule 4-1.22 E Missouri law has long recognized that the client establishes that client-related records must be owns the client file – including attorney work held for a six-year period, for client files closed product “from cover to cover.” In re Cupples, after July 1, 2016. Unlike the six-year period 952 S.W.2d 226, 234 (Mo. banc 1997). The new for preserving trust-account related records, amendments to Rules 4-1.15 and 4-1.22 do not however, this six-year period may be shortened by alter this basic principle. agreement. 2. The client decides what lawyer gets the Rule 4-1.22(a) states that, for client original file. Missouri law provides that, upon engagements that end after July 1, 2016, client W request, a lawyer must give a client the client’s files must be retained “six years after completion original file. The lawyer generally may keep a or termination of the representation absent copy, but must do so at the lawyer’s own expense. other agreement between the lawyer and client The sole recognized exception is materials for through informed consent confirmed in writing.” which the lawyer has paid a third party (such as “If the client does not request the file within six court transcripts, investigative or expert reports, years after completion or termination of the and the like), and for which the client has not yet representation, the file shall be deemed abandoned reimbursed the lawyer. by the client and may be destroyed.” Id. 3. Trust-account related records must be Client files from engagements that terminate S kept six years. Rule 4-1.15(f) creates a similar prior to July 1, 2016, must – consistent with the six-year retention requirement for trust account- prior version of Rule 4-1.22 – be kept 10 years, related records. The six-year period, a one-year unless the client had agreed otherwise. Id. year increase from the prior trust account 5. To shorten the period for retaining client record retention period, runs from the later of records, the lawyer must obtain “informed “termination of the representation” or the “date of consent confirmed in writing.” Rule 4-1.22(a) 2016 the last disbursement of funds.” provides that an “agreement to diverge from Issue Six Rule 4-1.15(f) contains detailed specifications this default six-year requirement may be made” SEPTEMBER 2016 : 15

for retention of client-related records. To exercise frequently, through an easily accessible backup this option for shorter retention, Rule 4-1.22(a) system. This tip may seem out of place, but frequent instructs, the lawyer must obtain “informed consent backups are often (along with user education) confirmed in writing.” This consent may be obtained among the best means for avoiding costly ransoms “at any point during the six years after completion or associated with Cryptolocker-type computer viruses. termination of the representation.” Also, the writing If a lawyer has a recent back-up, the lawyer may use memorializing consent to destruction must be kept this backup instead of paying a ransom or otherwise for six years after the representation ends. trying to unencrypt files encrypted by operation of a 6. Records may be kept in electronic format. Cryptolocker-type virus. This six-year period for both trust-account and 10. Maintain confidentiality when destroying client-related records may be satisfied by keeping records. Missouri has not yet adopted a version of the client file – except items of intrinsic value – in ABA Model Rule 1.6(c), which requires lawyers to an electronic format, as long as electronic record is protect client-related information from inadvertent “readily accessible” to the lawyer. Rule 4-1.22 requires disclosure. Nevertheless, lawyers should take steps to items of “intrinsic value” to be properly preserved, as ensure they maintain confidentiality when they are explained in more detail in Tip #7 below. storing and destroying client-related information. Likewise, Rule 4-1.15(f) permits lawyers to Failure to protect confidentiality at any point, keep trust-account related files by electronic means. including preservation and destruction, may “Client trust account records may be maintained by constitute a violation of fiduciary responsibilities, electronic, photographic, or other media provided even if such conduct does not (yet) violate an express that they otherwise comply with Rules 4-1.145 to requirement in Missouri’s legal ethics rules. 4-1.155 and that printed copies can be produced. 11. Dissolving firms should account for client These records shall be readily accessible to the records. Rule 4-1.15(f) directs lawyers to consider l aw y e r.” preservation of trust account-related records when Preserving client information electronically dissolving a law practice. Rule 4-1.15(f) states: is also addressed in Missouri Formal Opinion 127 Upon dissolution of a law firm or of any legal (2009). professional corporation, the partners shall make 7. Items with intrinsic value should be reasonable arrangements for the maintenance preserved. Rule 4-1.22 states that items of “intrinsic of client trust account records. Upon the sale of value” shall not be destroyed. They shall be preserved, a law practice, the seller shall make reasonable or as appropriate turned over to the state as lost arrangements for the maintenance of client trust property. account records. The Missouri Bar has previously identified Rule 4-1.22 lacks a similar mandate regarding the original promissory notes, stock certificates, personal handling of client files when a lawyer firm dissolves. property, and valid wills as examples of items with Nevertheless, experience teaches that lawyers should intrinsic value. consider establishing resources to address client files 8. Pending litigation or an investigation should a law firm dissolve or close unexpectedly. prevents record destruction. Rule 4-1.22(a)-(d) states that a lawyer shall not destroy a client file if Originally published in the July 2016 St. Louis Lawyer the lawyer knows or should know there is a pending malpractice claim, lawyer discipline or criminal investigation, or other litigation related to the file. Michael Downey is a legal ethics lawyer at Downey Rule 4-1.15 lacks a similar warning, but a prudent Law Group LLC. He has taught legal ethics at lawyer would likely hold onto any records relating to Washington University and St. Louis University, a file under investigation or embroiled in litigation, chaired the ABA Law Practice Division, and testified as until that investigation or litigation ends. an in proceedings pending in Missouri, 9. Back up files frequently. Lawyers should also Illinois, and Kansas. Reach Michael at 314-961-6644 back up client- and trust account-related records or [email protected]. 16 : BAR NEWS SEPTEMBER 2016 : 17 Tech Takeover

by Amber Throckmorton

Information is invaluable. Everything you do or say Additionally, while attorneys use laptops and in a case is predicated on information—how much of other mobile devices in preparing cases for trial, it do you have, how much more do you need, where only 25 percent use laptops for court presentations can you find it, how can you get ahold of it? and only 17 percent have used litigation support Technology plays a role in how effective you are software. at finding and understanding as much information 3. Networking as possible for your client. You get constant updates For attorneys whose clients use smart devices as about court filings via email, you video or phone their primary contact method, it is not enough to conference experts to get their advice, and you comb just host and maintain a website. First, it must be through internet databases looking for one piece of mobile compatible. Clients must be able to find all information that can take your case to the next level. the necessary information quickly and easily about a Technology is a tool that attorneys—of any size, law firm from their smart phone. no matter the specific practice—use daily to help Second, prospective clients are beginning to facilitate positive case results. It’s interesting to note, change how they judge prospective law firms. With though, that while most law firms utilize online the rise of personal branding, clients are more resources, few use it to its full potential. likely to choose one law firm over another based on An ABA webinar, “Ten Tech Trends for 2014: individual attorneys. Additionally, clients are now The Legal Benefits and Ethical Risks of the Latest looking for a law firm that will build a relationship Technology”, analyzed how technology is changing with them. the legal industry and what that means for individual Technology is becoming crucial in the legal attorneys and their firms. industry as trends begin to change towards an open, 1. Security technology-driven justice system. The American Bar According to the TECHREPORT 2013, referenced in Association announced Monday, August 15, 2016 the the webinar, law firms have weak security. Actually, creation of the Center for Innovation, a department 25 percent of firms have no security policy at all. For that will, according to ABA President Linda A. Klein, those firms that do have security policies in place, “[close] the access-to-justice gap and [make] the less than 50 percent utilize encryption services. Part legal system accessible to all people… The Center of this is due to the “bring your own” mindset that for Innovation will help bring together the best and firms have when it comes to personal technology. most forward-thinking ideas for making our system The concern here is ethics violations. However, more efficient and available.” the ability to maintain constant access to client With the industry climate changing in such files can be critical when in depositions or other a definite way, firms must shift their focus from necessary conferences. Law firms must have a set the traditional paper-based processes and begin to security policy in place to allow their attorneys to embrace the ways in which technology can benefit make their best case for their clients. them and their practice. Technology streamlines 2. Litigation the research and filing processes so that firms can Federal courts and some state courts have been concentrate on building the relationships that clients utilizing electronic filing technology for a while; are demanding. It connects firms to prospective up to 40 percent of state jurisdictions have made clients when and how clients are most receptive, and electronic filing mandatory. In Greene County while security can be a risk factor, when properly Missouri, attorneys are allowed to file all new cases addressed, technology provides the necessary tools and documents electronically with the Missouri to manage multiple types and streams of information eFiling portal. to better serve clients.

18 : BAR NEWS

NEED MEETING OR MEDIATION SPACE?

The SMBA Office has space available for client conferences and depositions and is a popular venue for mediation. More information is available at springfieldbar.com or contact James at (417) 831-2783 or [email protected].

Room configuration availability and SMBA member rates follow:

Mediation (or when parties need Client Meetings (facility is accessible) Retreats, training or meetings to confer separately) Neale & Newman Boardroom or with 12-30 participants: Neale & Newman Boardroom and the Aleshire Robb Conference Room Seminar Room: This room has tables Aleshire Robb Conference Room $60/ half day (9-1 or 1-5) on casters allowing a variety of room $100/ half day (9-1 or 1-5) $100/ full day (9-5) arrangements for meetings and $175/ full day (9-5) $175/ two consecutive days presentations. $300/ two consecutive days $175/ half day (9-1 or 1-5) $300/ full day (9-5) SEPTEMBER 2016 : 19 20 : BAR NEWS SEPTEMBER 2016 : 21 22 : BAR NEWS SEPTEMBER 2016 : 23

NEWS, ADS & ANNOUNCEMENTS For the most recent postings go to springfieldbar.com.

EMPLOYMENT OFFICE SPACE/EQUIPMENT

Litigation : Springfield law firm seeking full-time experienced Office Furniture for Sale professional litigation paralegal. Candidates should have strong Estate of Devon F. Sherwood - desk, credenza, Bookshelves and Law Books organizational skills, take initiative, be detailed oriented and have 3+ for Sale. Bookshelves are approximately 8’ x 3’ each section. Price: $1,500 or years of litigation paralegal experience. The successful candidate will be best offer for all. Best offer on individual items. Contact: Leslie Sherwood (502) 216-3997/[email protected] working with a top litigation group that has a diverse practice, both plaintiff and defense, in state and Federal court, and must be dependable and dedicated to provide Firm clients with superior litigation case management. Trial experience a plus. All inquiries will be kept NEWS & ANNOUNCEMENTS confidential. Complete benefits package. Applicants should email resume to [email protected]. AUDIO ENHANCEMENT AND RESTORATION SERVICES NEW forensic audio software used by DEA. Sound Litigation Paralegal Expert removes background noise, brings voices in Ransin Injury Law has an immediate opening available for a litigation audio or video recordings to forefront so a conversation paralegal with trial experience. Please send your resume to Stephenia@ can be understood, transcribed and presented in legal Ransin.com proceedings. Fair pricing. 417-865-7981 www.plankproductions.com Legal Secretary or e-mail [email protected] Established, mid-sized law firm seeks Legal Secretary with minimum of 3 yrs experience, litigation preferred. Bankruptcy/foreclosure experience a plus. Good organization skills a must. Minimum typing speed of 70 wpm & transcription experience. Position is immediately available. Send resume to: Secretarial Position, POB 10327, Springfield, MO 65808-0327.

Bankruptcy Paralegal RGG Law, a subsidiary of Parmele Law Firm, is seeking a full time Bankruptcy Paralegal for our Springfield office. Some experience and a positive and professional attitude are a must. Please send resume to hr@ danielparmelelaw.com

College Student Seeks Employment Dependable, motivated college student is interested in investigating legal career and seeks position with area law firm or practice as a runner/file clerk. References available. Please contact Wesley Daigh at 417-840-2538 or [email protected]

Foundation ...continued from page 5

Bar to provide residents of the Grant Beach neighborhood with Springfield area residents the opportunity to take advantage of advice and resources giving them the opportunity to resolve a series of courses on all different aspects of the law. It is based conflicts and overcome legal and administrative impediments upon the theory that the more citizens know about the law, the currently preventing economic security and family stability. easier it is for them to make good decisions about their lives, This joint project, which is now in its second year, has also been families, and finances. extremely successful. The Foundation is the public face of the SMBA in The Foundation’s Mini Law School for the Public was Springfield. It has and continues to serve the community and the held for the first time last year in the fall. The program was so profession well. We can all be proud of the extremely positive successful that it will return again this coming fall. It offers affect that it has had on our community. SPRINGFIELD Metropolitan Bar 1615 S. Ingram Mill Road, Building D PRSRT STD US POSTAGE PAID Springfield, Missouri 65804 SPRINGFIELD, MO PERMIT #801

1 issue 3 issues (20% discount) 6 issues (30% discount) R Full page (8”w x 10”h) $600 $1440 $2520 Half page (8”w x 4 7/8”h) $350 $840 $1470 A Quarter page (3 7/8”w x 4 7/8”h) $225 $540 $945 For more information or to place an ad click “Bar News” under the Ad & Sponsor Info tab at sprigfieldbar.com. T If you need assistance email [email protected].. Classified Advertising Information and Rates Print classified ads can be placed in the Bar News and electronic ads are available at springfieldbar.com. E Electronic classifieds are recommended for time-sensitive postings. For more information or to place an ad, click the ad and sponsor tab at springfieldbar.com, or contact the SMBA office at 417 831-2783 or [email protected]. S Classified ad rates (650 characters): SMBA members: $100 per insertion, Non-members: $300 per insertion.

At EllisonLiggett, litigation support is our business — it’s all we do.

e are aggressive and dedicated professionals providing litigation support services including calculation of damages relating W to personal injury, wrongful death and employment discrimination. You will benefit from our extensive trial-tested experience. We have served as expert witnesses in many venues and across a range of cases, both small and large. All reports are tailored to the unique circumstances of your individual case. Reports are presented in a manner so attorneys can easily understand the factual basis and/or assumptions supporting the damage calculations, how the calculations were performed and our unbiased opinion of the amount of damages. We present in a way that judges and jurors can understand. Our goal is to assist triers of fact by presenting our opinions in understandable terms and with meaningful graphics. We deliver exceptional client service with a strong commitment to service the needs of attorneys — quickly, simply and effectively. EllisonLiggett is a source you can trust — we can provide referrals you will recognize and can rely on. Call or email us today to find out how we can help you with your next case.

Brooke A. Liggett CPA, CVA, MAFF [email protected] Larry D. Ellison 2832 S Ingram Mill Rd, Suite 108 | Springfield, MO 65804 CPA, CVA, CFF p: 417-882-1566 | f: 417-882-1526 | www.ellisonliggett.com [email protected]