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April 18, 2017

Top five takeaways from the March-April 2017 issue of the Journal of The Missouri Bar Journal

March April 2017 TopFiveTakeaways_

by Gary Toohey, editor and director of communication

Every lawyer experiences it sooner or later – that moment when the mental strain builds to the point that they “hit the wall” and ponder giving up the practice of law.

It happened to Missouri Bar President Dana Tippin Cutler, who at one point seriously considered pursuing another career path. But before that alternate career became reality, she found a path to recovery and rebirth that allowed her to rekindle her passion for practicing.

When that inevitable moment arrives, what do you do? In her “President’s Page,” Cutler shares the four steps she took to give the law – and herself – another chance.


The pervasiveness of social media in today’s world simply cannot be understated. For lawyers, clients’ use of social media is becoming an ever-larger part of electronic discovery. 

Advising clients regarding preservation and use of social media has become a necessary component of competent representation, while obtaining discovery of social media can be critical to claims and defenses.

In this issue’s cover story, author Laurel E. Stevenson offers practice tips and case law developments designed to help lawyers better understand the increasingly important role of social media in electronic discovery requests.


When the Missouri General Assembly adopted the state’s new Uniform Powers of Appointment Act last year, it gave practitioners a much-needed estate planning tool that offers statutory guidance in connection with powers of appointment where little law previously existed in the state. 

In part one of a two-part article, authors Susan B. Teson and Norman S. Newmark offer a detailed analysis that includes a section-by-section comparison of the Missouri act with the Uniform Powers of Appointment Act.


Judicial leadership in contemporary society often calls for the courage to ask tough questions, face difficult realities and work toward solutions that may not be readily accepted – but which remain the right thing to do.   

In remarks prepared for the Trial Court Leadership Academy and Conference of the National Association for Presiding Judges and Court Executive Officers and the National Center for State Courts, Judge Karl A.W. DeMarce of Missouri’s 1st Judicial Circuit discusses lessons learned from the Missouri Judiciary’s response to problems found within some of the state’s municipal courts in the wake of the unrest in Ferguson.


Some of the most enduring questions facing Missouri practitioners involve client trust accounts: how to create them, how to manage funds placed in them, and how to best ensure that a practitioner’s actions in regard to those trust accounts don’t violate ethical obligations.

In this issue, Legal Ethics Counsel Melinda Bentley  takes on these matters, posing answers to many of the most commonly asked questions regarding the management of client trust accounts.