Board Minutes - July 26, 2002

Big Cedar Lodge, Ridgedale

Members Present:
Theresa L. F. Levings, President
Dale C. Doerhoff, President-Elect
Thomas M. Lang, Vice-President
John W. Briscoe, Past President
Keith A. Birkes, Secretary

C. Ronald Baird
Erik Bergmanis
Richard N. Bien
Joseph C. Blanton, Jr.
Richard Bresnahan
Thomas M. Burke
Scott Campbell
Thomas J. Casey
Richard J. Collins
Douglas A. Copeland
William M. Corrigan, Jr.
John Cowherd
Cathy J. Dean
Carol Chazen Friedman
Tracy Hunsaker Gilroy
Mike Greenwell
Richard F. Halliburton
Charlie J. Harris
Bruce F. Hilton
John S. Johnston
George E. Kapke
Mark H. Levison
Karen R. McCarthy
Timothy M. McDuffey
Max E. Mitchell
Jack Peace
Hon. Daniel Pelikan
John A. Ruth
Daniel J. Ryan
Wallace Squibb
Richard G. Steele
Thomas R. Summers
F. Dianne Taylor
H.A. Skip Walther
Joe B. Whisler

Also Present:
Hon. Stephen N. Limbaugh, Jr.
Dean Burnele Powell
Dean Joel Seligman
Dana Tippin Cutler
Scott Robbins
Rod Chapel
Matt Devoti
Chris Faiella
Jolie Justus
Maylin Wong Mahoney
Brent Newman
Victoria Mauck Schroeder
Catherine Barrie
Cecil Caulkins
Wayne Greer
Jim Howard
Chris Janku
Carla Counsil
Dan Lehmen
Linda Oligschlaeger
Robert Stoeckl
Gary Toohey
Jack Wax

1. Minutes:

It was moved and seconded that the minutes of the meetings of the Board of Governors of May 10 and of the Executive Committee of May 10 and June 27 be approved. The motion was approved.

2. Finances:

A. Current Financial Statements.


Mr. Burke reported that the Bar is in good financial condition and that things are going well. No action was taken.

B. Proposed Budget for the Annual Meeting.

Mr. Burke directed Board members' attention to a proposed budget for the Annual Meeting, included with the agenda materials. It was moved and seconded that the budget be approved. The motion was approved.

C. Certified Mail Notices to Lawyers Delinquent in Their Dues Payments.


Mr. Burke reported that a question had arisen whether to continue the practice of sending certified letters to lawyers delinquent in paying their dues. The Finance Committee studied the issue and concluded that the modest cost of the notices is far offset by the significant revenues generated by these notices. No Board action was required.

D. The Annual Audit.


Mr. Burke reported that the annual financial audit has been performed by Williams Keepers LLC and that everything is in order.

3. Legislation:


Catherine Barrie reported that four proposals have been received thus far from Missouri Bar committees for filing during the coming legislative year. Action on these proposals will be taken at the September meeting. The proposals deal with funding for legal services (2003-01), subpoenas in administrative hearings (2003-02), witness fees and mileage (2003-03), and the Uniform Electronic Transfers Act (2003-04).

4. Appointments:

A. Intervention Committee.


Ms. Levings advised Board members that the term of Richard Heywood on the Intervention Committee is expiring, and the officers of the committee have suggested Jeff Thomsen of St. Louis as a replacement. It was moved and seconded that Mr. Thomsen be appointed to the committee. The motion was approved.

B. Legal Services of Southern Missouri Board of Directors.


Ms. Levings advised Board members that there are six positions on the board of directors of Legal Services of Southern Missouri to be filled by persons appointed by the Bar. Douglas Kays, Executive Director, submitted the names of Stephen W. Holden, Clark Lawson, John Tindel, James DeReign, Craig Heidemann, and Randall R. Sutter as suggested directors. It was moved and seconded that these persons be appointed. The motion was approved. There was some discussion of diversity in the selection of directors.

5. Committee Reports:

A. Multijurisdictional Practice.


Mr. Collins reported that the ABA Commission on Multijurisdictional Practice has issued a report with recommendations. This report was reviewed by the Bar's Special Committee on Multijurisdictional Practice. Members include Jennifer Gille Bacon, Doreen Dodson, John Johnston, Prof. Carol Needham, Charles Weiss, Joe Whisler, and Dick Woods. The committee met by phone to review the report, and the committee recommends that the Board of Governors endorse the report. The report sets forth a series of model rules that states might adopt. It was moved and seconded that the ABA report be approved. The motion was approved.

B. Bar Journal Editorial Board.

Gary Toohey reported that questions about the content and suitability of certain ads submitted to the Journal of The Missouri Bar caused the Editorial Board to develop proposed Advertising Policies for the Journal of The Missouri Bar. The Editorial Board requests that the Board of Governors approve these policies for implementation by the Journal. After some discussion of issues related to the policies, it was moved and seconded that the policies be approved. The motion was approved. Mr. Casey was recorded as voting "no."

C. Client Security Fund.

Chris Janku reported that the Client Security Fund proposes several changes to the Regulations and Rules of Procedure of the Client Security Fund. The proposed changes would explicitly allow claims to be made by a family member who made a payment on behalf of a client, to increase from $1,000 to $2,500 the amount of a claim that can be investigated and heard by a single committee member, and to make several minor, clean-up changes in other provisions. It was moved and seconded that the proposed changes be approved. The motion was approved.

Chris Janku further reported that the Fund would like to expedite the payment of one claim, in the amount of $6,200, so that the claimant can pay for chemotherapy treatment. It was moved and seconded that the claim be approved. The motion was approved.

D. Leadership Academy.


Dana Tippin Cutler discussed the progress of the Leadership Academy, whose goal is to involve more women and minority members in the work of the Bar. The Academy is a one-year program for lawyers who are either under age 40 or who have been admitted no more than 10 years. Those chosen must already have shown leadership potential and must be willing to make a commitment for an additional two years of involvement in Bar work at the conclusion of their year in the Academy. Ms. Cutler introduced the chair of this year's class, Scott Robbins. Mr. Robbins reported that the group project for this class is the "We the Jury" project. The members of the Academy introduced themselves and discussed what their involvement will be for the next two years. Those present in addition to Mr. Robbins were Rod Chapel, Matt Devoti, Chris Faiella, Jolie Justus, Maylin Wong Mahoney, Brent Newman, and Victoria Mauck Schroeder.

6. Officers Reports:

A. Executive Director's Report.

1. 2002-2003 Board of Governors' Election.


Mr. Birkes reported that ballots were mailed in mid-July and will be counted on August 15. As quickly that day as the results are certified, Mr. Birkes will be in touch with all candidates.

2. New Board Members' Orientation-Friday, August 23, at The Missouri Bar Center.


Mr. Birkes reported that there will be an orientation session for new Board members on August 23 at the Bar Center. The session will also be open to new members of the YLS Council and new members of the Leadership Academy. Those who are candidates for Vice-President at the September meeting will also be invited to attend the meeting, which will begin at 10:30.

3. September Board Meeting.

Mr. Birkes reported that the Board meeting in September will be Wednesday afternoon.

B. President-Elect's Report.

1. The Dialogue on Justice Project.


Mr. Doerhoff reported on this project, which originated with Justice Anthony Kennedy. The program focuses on core values and basic principles in a democratic society. Mr. Doerhoff hopes that the project can be presented widely during the coming year. Board members are encouraged to offer ideas and suggestions to enhance and improve the program.

2. Public Perceptions of Lawyers.

Mr. Doerhoff discussed an ABA public perception poll that was sent to Board members a few weeks ago. The poll reflects the public's expectation that lawyers be completely independent advocates for their clients.

C. President's Report.

1. Wrap Up on Efforts to Secure Funding for Legal Services This Year.


Ms. Levings reported that the Board will be asked to approve a bill to be submitted for the 2003 legislative session. The Bar made progress last year and had good bipartisan support.

2. Senate Response to Senate Resolution.

Ms. Levings reported that the Senate passed, almost without anyone noticing, a resolution calling on the Bar to add a $75 fee to annual dues to help fund legal services. Ms. Levings has prepared a letter of response to this resolution. The letter has been discussed with and approved by the Executive Committee.

3. Annual Meeting.


Ms. Levings reported that the restructuring of the Annual Meeting has been a successful effort, and promotional efforts are underway. The Bar Foundation provided a grant of $25,000 to help with the meeting.

4. Media Contacts.

Ms. Levings referred members to the report on media contacts prepared by Jack Wax and included with the agenda materials.

5. Model Rules of Professional Conduct.


Ms. Levings referred members to the 2002 edition of the ABA Model Rules of Professional Conduct and reported that a committee will study the new rules and report at the November meeting.

7. Election for Vice-President to Succeed Mr. Lang:


Mr. Ryan nominated Mr. Corrigan as Vice-President, seconded by Messrs. Bresnahan and Blanton. Mr. Levison was nominated by Mr. Bien, seconded by Ms. Gilroy and Mr. Harris. Messrs. Corrigan and Levison briefly addressed the Board. After a vote by secret ballot, Mr. Corrigan was elected as Vice-President to succeed Mr. Lang.

8. Statements by Candidates for Election to the Office of Vice-President from Kansas City:


After drawing straws to select the order of appearance, Messrs. Whisler and Halliburton and Ms. Dean addressed the Board.

There being no further business, the meeting was adjourned.

Respectfully submitted,

Keith A. Birkes, Secretary