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ESQ Weekly Newsletter

August 10, 2012

ESQ. CalendarCommission Seeks Applicants for Twenty-Second Circuit Vacancy
The Twenty-Second Judicial Circuit Commission (City of St. Louis) is accepting applications for an associate circuit judge vacancy created by the appointment of Judge Michael Stelzer to circuit judge. The application deadline is September 10. (More)

Judge PriceAJS Selects Judge Price for 2012 Herbert Harley Award
Presentation Will be Made at Opening Luncheon of the Annual Meeting, October 18

The American Judicature Society has selected former Missouri Supreme Court Judge William Ray Price, Jr. for its 2012 Herbert Harley Award, the Society’s premier state award recognizing outstanding efforts and contributions that substantially improve the administration of justice in the recipient’s state. (More)


Case Archives

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This week's cases and Supreme Court orders

Each week, The Missouri Bar provides links to all hand downs published on the Internet during the past seven days by the Supreme Court of Missouri and the Missouri Court of Appeals. The Missouri Bar has created pertinent headings and summaries for each case. This week includes 7 hand downs pertaining to:  

Civil Construction Corporations and Other Legal Entities DWI
Family Post-Conviction Real Estate  

(All Cases)


News for Missouri Lawyers
State Public Defender Reacts to Court Decision on Caseload Litigation
Sixth Amendment Not Just Words on Piece of Paper in Museum, But Genuine Protection
The Missouri Public Defender called last week’s Missouri Supreme Court ruling a watershed opinion on the rights of indigent defendants to effective and meaningful representation in Missouri. The Court ruled that the trial court erred by forcing a public defender to represent a defendant despite the public defender office’s position that its excessive caseload prevented competent representation. (Full Details)

Sixth Amendment Advocate Organization's Analysis of DOJ Data Reaches Opposite Conclusion from Missouri Prosecutors on Public Defender Caseload Crisis
(Analysis of DOJ Data) (Caseload Issue)

Missouri Prosecutors React to Supreme Court of Missouri Ruling in Public Defender Case
(MAPA Press Statement)

News at the Bar
Bill BayBill Bay Elected Chair of ABA’s Section of Litigation
Former Missouri Bar Board member Bill Bay of Thompson Coburn LLP has been elected chair of the ABA’s Section of Litigation, the 60,000-member Section is the largest in the ABA and the nation’s leading group for lawyers involved in litigation and trial practice. (Full Details) (Pictures from Induction Reception)

Board of Governors and YLS Council Election Voting Ends Next Wednesday
Board of Governors Districts 8, 9, 11, and 12 election ballots must be submitted by 10 a.m. on next Wednesday, August 15. Electronic balloting in the YLS Council contests in Districts 3, 4, 6, and 13 shares the same deadline. (Board of Governors Election Details) (YLS Council Election Details)

Bar Foundation Selects 2012 Award Recipients
Presentations Set for Annual Meeting on October 19 in St. Louis
The Missouri Bar Foundation will honor former MU Law School Dean Larry Dessem, KC attorney Arthur H. Stoup, and former Missouri Supreme Court Judge William Ray Price, Jr. with this year’s Spurgeon Smithson Awards for significant contributions to the administration of justice at the upcoming Missouri Bar Annual Meeting. View the lawyers selected for the:

15th Annual Judge Kit Carson Roque, Jr. Scholarship Luncheon Set for October 5
Professor OgletreeOne of the country’s foremost authorities on race and justice, Harvard Law Professor Charles J. Ogletree, Jr. will be the featured speaker at the Jackson County Bar Association’s Judge Kit Carson Rogue, Jr. Scholarship Luncheon, scheduled for October 5 at the Hilton President Hotel. (Details/Ticket Information)

Lawyers Have Duty to Stay Current on Technology’s Risks and Benefits, New Model Ethics Comment Says
The ABA House of Delegates approved updates to the Model Rules of Professional Conduct that include acknowledging digital information storage and electronic communication with clients and adding commentary that lawyers have a duty to stay abreast of the benefits and risks associated with technology to provide competent representation. (Read ABA article)

Annual Meeting

Join Us at Missouri’s Statewide Bar Meeting
Every Lawyer is Invited, Every Lawyer is Welcome

98% of Attendees Recommend the Annual Meeting for Friends and Colleagues

REGISTER BY AUGUST 20 FOR CHANCE TO WIN EARLY-BIRD PRIZES
A FREE FULL REGISTRATION
OR
FREE ADMISSION TO 10 MOBAR CLE PROGRAMS IN 2013

Three Cutting-Edge, Dynamic Plenary Sessions

  • Learn about the Affordable Healthcare Act ruling and its impact on your clients, your cases, you and your family – without reading the 2,700 pages
  • Hear our panel – just weeks before the first post-Citizens United presidential election – discuss the influence of SuperPAC money in the political process
  • A fresh look at Freedom Cases, Dred Scott and how traces of that infamous case show up in contemporary constitutional issues

25 Timely, Relevant CLE Track Programs in five separate tracks

 •Trial Practice  •Family  •Business/Corporate
 •Probate, Trust and Elder  •Access to Justice/Pro Bono
 


  • Two "CLE After Sunrise" ethics sessions
  • Three New Lawyer Practice Management Seminar programs



  • Unmatched Networking at Casual, Enjoyable Networking Receptions . . . and Many More Events to Meet and Interact with Lawyers and Judges

    Unmatched Value, Compare Full Conference Rate to Cost of Single CLE Program
    Unbeatable, low $255 registration rate, includes a year’s worth of in-person CLE, breakfasts, opening lunch, two networking receptions! And a programs-only registration option is only $159. Less than you might usually pay to attend a single CLE program.

    Visit Annual Meeting Website. Register now online to be eligible for early-bird prize.

    Tax help links

    dor.mo.gov


    IRS Practitioner Tax Center
    IRS Tax Information for Tax Professionals

    Newsmakers & Movemakers
    Who's making news and moving where
    Submit your news and moves

    News from Law Schools
    ABA Task Force to Study Future of Legal Education
    The ABA has created an 18-member Task Force on the Future of Legal Education that will spend the next two years examining how well law schools are meeting the needs of the legal profession. (More)

    Annette ClarkSLU Law School Dean Resigns
    Annette Clark, who joined the Saint Louis University School of Law as dean in July 2011, has resigned from that position in a dispute with University administration. (More)

    MU: Univ. of MO School of Law
    UMKC: Univ. of MO - Kansas City School of Law
    Wash U.: Washington University School of Law
    SLU: Saint Louis University School of Law

    The Big Picture – issues and trends affecting the profession
    Be Good
    Source: President Lynn Whaley Vogel, Journal of The Missouri Bar, President’s Page
    Lynn Whaley Vogel"Three days after taking office, I participated in the swearing-in of our newest members at the Supreme Court of Missouri. The remarks I gave were brief (my hallmark so far) and (I have been told) poignant. So, as our last conversation, I wanted to share them with you, as we can always use some positive reinforcement in our lives." (More)

    Journal of The Missouri Bar The July-August 2012 edition of The Journal of The Missouri Bar is now online.
    (Read it Here)

    The Missouri Bar Jobs for Missouri Lawyers
    Search full or part-time employment listings
    Search contract opportunities
    Search office space/office sharing
    Pro bono opportunities available throughout Missouri

    Submit Openings

    Non-Partisan Court Plan Judicial Vacancy News & Information

    • Commission Seeks Applicants for Twenty-Second Circuit Vacancy
    • Current Vacancies

    (Latest Details)

    SpeakUpAs a Member of The Missouri Bar, You Are in a Unique Position to Help Educate the Public - Join the Speakers Bureau Today
    It has never been more important for citizens to understand how The Missouri Plan works for them by choosing highly qualified judges in the least political way, ultimately giving the people the final say. (Join Speakers Bureau)

    Letters to the Editor
    Submit Letters to the Editor

    Resource Reminder – available only through The Missouri Bar
    FastcaseHuge Price Cut for MoBarCLE Publications on Fastcase
    Prices have been reduced for the MoBarCLE publications on Fastcase! The price for a subscription to the entire library, which includes all deskbooks and guidebooks, has been reduced from $795 per year or $79 per month down to $499 per year or $49 per month. (More)

    17th Annual Lawyers' Assistance Conference, November 2-3 in Kansas City
    The annual conference includes sessions that address criteria for referrals to the Intervention Committee, how to deal with the impaired and newly recovering lawyer, lessons from Missouri cases, and trends in lawyer assistance. All members of the Bar are invited, particularly if you have a interest in learning more about impairment and intervention in the legal profession.  (View Entire Program/Conference Events)

    MoBarCLE Resources

    Spotlight on an Upcoming MoBarCLE Program
    lexPORTNew MoBarCLE Tech Expo Set for September 13 -15 in St. Charles
    $99 Early-Bird Registration Deadline is August 24
    lex PORT 2012, a new technology and the law conference from MoBarCLE, is set for September 13 -15. Office. Internet. Cloud. Mobile. It will all be covered in almost 20 different breakouts and two plenary sessions. Don’t miss this tech-only conference, specifically focused on the needs of lawyers. (More)


    Next week's MoBarCLE programs
    Program Day Date Time Format

    Understanding Fiduciary Income Taxation for Estate Planners, Part 1

    Tues. Aug. 14 12 noon - 1 pm Telephone Seminar
    Guidebook Practice Series: Mechanic's Liens Tues. Aug. 14 2 - 3:30 pm Telephone Seminar
    School Law, Part 1 - The Basics Wed. Aug. 15 12 - 2 pm Telephone Seminar
    Understanding Fiduciary Income Taxation for Estate Planners, Part 2 Wed. Aug. 15 12 noon - 1 pm Telephone Seminar
    The Nuts & Bolts of Contract Drafting Thurs. Aug. 16 9 am - 4:30 pm Live Seminar
    United States Supreme Court Highlights Thurs. Aug. 16 12 noon - 2 pm Telephone Seminar
    Commercial Leasing: Part 1 - Office Space Thurs. Aug. 16 12 noon - 1 pm Telephone Seminar
    The Next Step Series: Business Law Thurs. Aug. 16 2 - 4 pm Webinar
    8-hour Guardian ad Litem Training Fri. Aug. 17 8:30 am - 4:45 pm Video Replay
    The Basics of Taking & Defending Effective Depositions Fri. Aug. 17 8:30 am - 5 pm Live Seminar
    The Nuts & Bolts of Contract Drafting Fri. Aug. 17 9 am - 4:30 pm Live Seminar
    Commercial Leasing: Part 2 - Retail Space Fri. Aug. 17 12 noon - 1 pm Telephone Seminar

    CLE Calendar

    Best of CLE Course Notes
    Ethical Considerations in Employment Litigation
    Prepared by Martin M. Meyers, The Meyers Law Firm, LC (16 pages). Originally presented at Missouri Employment Litigation: Dynamic and Practical Insights for Today’s Advocates on June 28, 2012.

    Looking for additional information on employment law?   Register now to attend The Labor & Employment Law Symposium.   http://bit.ly/LaborSymposium_Live

    CLEThe Labor & Employment Law Symposium
    JEFFERSON CITY  |   NOVEMBER 30, 2012                       
    7.8 MCLE hours, including 1.0 Ethics hour

    Free MoBarCLE course materials are available at the Lawyer Resources for a Changing Economy page of our website.

    MoBarCLE publications for your library
    Guidebook —Immigration and Naturalization Practice (2011)
    Affordable, focused, available in a choice of formats: softbound print, download, CD-ROM.
    Take advantage of the affordable pricing: $39 each; $59 for print plus either electronic format!
    Purchase this MoBarCLE Publication Online

    Deskbook — Bankruptcy Practice (2nd ed. 2007)
    View 2010 Supplement to Chapter 2 - "Jurisdiction, Procedure, Appeals, and Related Matters" (PDF Format - 15 pages)
    Purchase this MoBarCLE Publication Online

    MoBarCLE Deskbooks Are Available Electronically through Fastcase, LexisNexis and Loislaw


    www.fastcase.com

    www.lexisnexis.com

    www.loislaw.com

    In Memoriam
    July, 2012

    Spotlight on Member Services Provided by The Missouri Bar

    Missouri Lawyers Assistance Program Fee Dispute Resolution Program
    Jobs for Missouri Lawyers or Office Space/Office Sharing The Missouri Bar Lawyer Referral Service
    Lawyer to Lawyer Dispute Resolution Legal Links
    Law Practice Management Online Center  

     

       
    footer for ESQ

    Paid for by The Missouri Bar
    Keith Birkes, Executive Director
    PO Box 119 Jefferson City, MO 65102