Board Minutes - May 9, 2003

Jefferson City, Missouri

Members Present:
Dale C. Doerhoff, President
William M. Corrigan, Jr., President-Elect
Joe B. Whisler, Vice-President
Theresa L. F. Levings, Past President
Keith A. Birkes, Secretary

C. Ronald Baird
Erik Bergmanis
Richard N. Bien
Joseph C. Blanton, Jr.
P. John Brady
Richard Bresnahan
Thomas M. Burke
Scott Campbell
Thomas J. Casey
Morry S. Cole
Richard J. Collins
Douglas A. Copeland
Cathy J. Dean
Carol Chazen Friedman
Chad A. Gaddie
Mike Greenwell
Richard F. Halliburton
Charlie J. Harris
Don M. Henry
Bruce F. Hilton
Vincent F. Igoe, Jr.
George E. Kapke
Hon. John F. Kintz
Thomas M. Lang
Mark H. Levison
Karen R. McCarthy
Jack Peace
Daniel A. Raniere
John A. Ruth
Daniel J. Ryan
Wallace Squibb
Richard G. Steele
F. Dianne Taylor
H.A. Skip Walther

Also Present:
Ron Mitchell
Scott Orr
Sarah Read
Hon. Richard Teitelman
Dean Joel Seligman
Millie Aulbur
Catherine Barrie
Cecil Caulkins
Carla Counsil
Wayne Greer
Jim Howard
Kent Hopper
Chris Janku
Dan Lehmen
Stephen Murrell
Linda Oligschlaeger
Delores Shepherd
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 January 17, 2003 and of the Executive Committee of February 3, March 3, and April 4, 2003 be approved. The motion was approved.

2. Committee Reports:

A. Fee Dispute Resolution.

Scott Orr reported that he is concerned about the nonparticipation of lawyers from Saint Louis and Kansas City in the fee dispute resolution program. Mr. Orr proposed that a special committee be appointed to consider ways to improve participation. Members might include Chris Stiegemeyer from The Bar Plan, Maridee Edwards, representatives from the various dispute resolution committees, and others as appropriate. It was moved in and seconded that such a committee be appointed. The motion was approved.

B. Rules of Professional Conduct.

Susan Ford Robertson reported on the Ethics 2000 proposal. The committee has met the number of times, has considered and discussed the proposed rules at length, and has issued its report suggesting a course of action for the Board as to approving specific rules and comments. Ms. Robertson discussed several specific recommendations. Ms. Robertson noted that the committee's greatest difficulties involved proposed rule 4.2 dealing with communication with represented persons, and especially comment 7 that rule. It was moved and seconded that the board approve the report of the committee. Ms. Robertson suggested that the committee could circulate Rule 4.2 for additional comments from members of the Bar and bring a recommendation to the Board at its July meeting. It was then moved and seconded that the motion be amended to eliminate rule 4.2 from the proposal. The amendment passed. The question was called, and the main motion was approved.

C. Young Lawyers Section.

Mr. Cole reported that the YLS seeks Board approval of a change in the bylaws regarding the ABA YLD District 22 delegate. The proposal was included with the agenda materials. It was moved and seconded that the change be approved. The motion was approved.

D. Insurance Programs Committee.

Mr. Copeland reported that David Rismiller has been helpful in consulting with persons formerly insured under the Bar's endorsed health care plan in helping these people find new coverage. In recognition of his efforts, the committee proposed that Mr. Rismiller be endorsed as a broker for purposes of Missouri Bar insurance plans. It was moved and seconded that the recommendation be approved. The motion was approved.

Mr. Copeland further reported that Tax Favored Benefits had been conditionally approved as a MoBar retirement plan provided that they could add The Missouri Bar as an additional insured on their errors and omissions coverage. Apparently, this is not possible under the coverage available to insurers in this area. It was then moved and seconded that Tax Favored Benefits be approved as a MoBar retirement plan provided that they provide proof of adequate insurance. The motion was approved.

E. Commission on Statewide Legal Services.

Mr. Mitchell reported that, since the events of December, there had been an appeal by the St. Louis and Kansas City legal services programs, and that appeal was rejected. The Commission met through the morning and into the afternoon in a difficult meeting. The Commission voted to reconsider the approval of a subcommittee report of November, and that motion passed. The second vote was to accept the mediator's report with the addendum that the Commission will meet within the next month or so and receive input from Kansas City and St. Louis as to suggestions for the statewide entity, or something other than a statewide entity, and that motion passed. The Commission continues to press forward. No action was taken.

F. Multijurisdictional Practice.

Ms. Bacon reported that the committee was favorably disposed to proposed rules 5.5 and 8.5. However, the committee received input from OCDC and the Board of Law Examiners to the effect that the present Rule 8.105 on limited admission of in-house counsel should not be changed. The committee will report at the July meeting

G. Education Law.

Sarah Read reported that the committee has a pamphlet they would like to have on the MoBar web site. The matter will be considered in July.

3. Finance Committee Report:

Mr. Burke reported that the Bar continues to operate in excellent financial condition. Mr. Burke further reported that the Finance Committee has approved a motion that legal services organizations receiving funding from the $20 added to annual dues should report to the Bar on their spending of the money received. It was moved and seconded that this proposal be adopted. The motion was approved.

4. Legislation:

Catherine Barrie reported that the file fee surcharge bill has been passed. The bill provides for a $20 surcharge on appeals, $10 on circuit court filings, and $8 on filings in associate circuit division. No surcharge applies to traffic cases except those involving alcohol-related offenses. In addition, the UETA bill, the bill to amend the election contest law, and the bill regarding subpoenas in administrative matters have all passed. The bill relating to witness mileage has not been passed, but it still has a chance in the final week.

Ms. Barrie further reported that the Executive Committee proposes to change the language of the legislative scope statement by adding at the end of the second paragraph the words "or as to which substantial constituencies of the bar may in good faith differ." It was moved and seconded that the amendment be added to the legislative scope statement. The motion was approved.

5. Appointments:

A. ABA Delegates.

Mr. Doerhoff reported that Reuben Shelton's term as an ABA delegate was expiring. This is traditionally a minority seat. The Executive Committee recommends that James Tippin of Kansas City be appointed for this vacancy. It was moved and seconded that Mr. Tippin be appointed an ABA delegate. The motion was approved. Mr. Doerhoff further advised that past President Bunky Wright was completing his first term as an ABA delegate and was eligible for reappointment. It was moved and seconded that Mr. Wright be reappointed. The motion was approved.

B. Fee Dispute Resolution Committee.

Mr. Doerhoff noted that the terms of Ms. Karen Woodall and Mr. J. Fred Waltz are expiring and both are eligible for reappointment. It was moved and seconded that they be reappointed. The motion was approved.

C. Client Security Fund Committee.

Mr. Doerhoff advised the board that Dana Tippin Cutler feels that she must resign from the Client Security Fund Committee as she cannot give it the time it requires. Mr. James Coronado from Kansas City has been suggested as a replacement for Ms. Cutler, and he has indicated that he will serve it appointed. It was moved and seconded that Mr. Coronado be appointed. The motion was approved.

6. Officers Report:

A. Executive Director's Report.

Mr. Birkes reported that Stephen Murrell has assisted us this year as a lobbyist. Mr. Murrell will continue to serve as a consultant through the end of the year and will be paid by funds presently available. Mr. Birkes will ask the Board to add Mr. Murrell a full-time employee for the 2004 Bar year.

Mr. Birkes further reported that the Solo & Small Firm Conference is proceeding well. Members who would like to attend the Conference and who do not yet have sleeping accommodations should contact Linda Oligschlaeger for a reservation.

Mr. Birkes further reported that an improved committee sign-up procedure will be available online through the "members only" area. The new online service will provide easier and more helpful look up of committee membership will and listserv membership.

Mr. Birkes further reported that within a few weeks, MCLE filing will be available online for the current MCLE year.

B. Vice-President's Report.

Mr. Whisler reported that large firms had not been as well represented in pro Bono reporting as smaller firms and so lawyers. To help alleviate that problem, he had arranged a luncheon meeting with representatives from large law firms in Saint Louis. A similar meeting will be held in June with representatives from large firms in Kansas City.

C. President-Elect's Report.

(1) July Board Retreat.

Mr. Corrigan reported that Ms. Friedman and Messrs. Bien and Blanton are working on the agenda for the board retreat that will be held Saturday morning following the Friday July board meeting at Big Cedar Lodge. Board members will shortly be receiving a survey seeking input. Judge Ronnie White has been asked to participate, and three former Bar presidents will be present.

(2) "Law School for Legislators."

Mr. Corrigan reported that the Arizona Bar held a half-day "Law School for Legislators" several years ago to help cope with the decrease in the number of lawyer-legislators. Mr. Corrigan has discussed the idea with several lawyer legislators and with Dean Dessem of the UMC School of Law and plans to discuss it with the deans of the other three law schools. The idea is to hold a "Law School for Legislators" just before the start of the session, to include a reception by the Bar. Messrs. Burke, Brady, and Ruth have been asked to work on the project.

(3) Lawyers in the Legislature.

Mr. Corrigan further reported on a symposium recently held by the UMC School of Law urging lawyers to serve in the legislature. Four lawyer-legislators took part. Mr. Corrigan will contact the deans of the other law schools about similar efforts.

(4) Celebrating the Lewis and Clark Expedition.


Mr. Corrigan reported that Mr. Ryan Judge Kintz will be working on ideas to coordinate appropriate lawyer activities to celebrate the anniversary of the Lewis and Clark Expedition anniversary in 2004.

(5) Mid-Year Seminar, 2004.

Mr. Corrigan reported that the Mid-Year Seminar in 2004 will be at Hyatt Regency Coconut Point Hotel located near Naples, Florida. The board viewed a video showing the amenities of the hotel.

D. President's Report.

(1) The 2003 Annual Meeting of The Missouri Bar.


Mr. Doerhoff reported that plans for the 2003 annual meeting are proceeding well. Alan Gallas is working on the CLE tracks. Guests include Robert Graves, who will be the ABA President in three years. Howard Fineman from Newsweek will be a speaker. There will be a presentation on Marbury v. Madison as well as Brown v. Bd. of Education of Topeka.

(2) Dialogue on Justice.

Mr. Doerhoff reported that the Dialogue on Justice continues to be very well received by local bar associations where he goes to speak.

(3) Online Survey.


Mr. Doerhoff discussed the online survey used for the Alternate Billing Methods Committee. Wayne Greer explained the details of the system. This is a very effective survey technique that can be used for future surveys.

(4) Juror Information Pamphlet.


Mr. Doerhoff further reported that there has been some concern about a sentence that appears on the bottom of page 12 the Juror Information Pamphlet. It is proposed to change the sentence to read as follows: "Jurors should vote according to their honest judgment, using instructions provided by the judge." It was moved and seconded that the change be approved. The motion was approved.

(5) Media Contacts.

Mr. Doerhoff discussed the information on media contacts included with the agenda materials.

(6) 2003 Storm Victim Relief Project.

Mr. Doerhoff asked Jack Wax to report on information received regarding damage from the recent spate of tornadoes. Mr. Wax reported that some 3,000 homes had been destroyed according to FEMA. The Missouri Bar will alert FEMA and the media that storm victims can call the Bar's toll-free telephone number and they will be linked with an attorney who will provide legal advice via the phone. Legal Aid will be asked to develop resource materials, covering issues that volunteer lawyers may not be familiar with. Callers who meet the income guidelines for Legal Aid will be referred if they are seeking representation. It was moved and seconded that the 2003 Storm Victim Relief Project be carried out by The Missouri Bar. The motion was approved.

There being no further business, the meeting was adjourned.

Respectfully submitted,

Keith A. Birkes, Secretary