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ESQ Weekly Newsletter

December 7, 2012

Governor Names Paul Wilson to Missouri Supreme Court
Paul WilsonGov. Jay Nixon on Monday named Paul C. Wilson as the newest member of the Missouri Supreme Court. Wilson, who has practiced law in both the public and private sectors and served as a judge on the Cole County Circuit Court, will fill a vacancy created by the retirement of the Judge William Ray Price Jr. (More)

Gov. Nixon Appoints Mary Sheffield to Missouri Court of Appeals, Southern District
Judge Mary SheffieldGov. Jay Nixon earlier this week appointed Circuit Judge Mary W. Sheffield to the Missouri Court of Appeals, Southern District. Judge Sheffield will fill the vacancy on the appellate court created by the retirement of the Judge Robert S. Barney. (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 8 hand downs pertaining to:  

Criminal Health Mental Health Post-Conviction
Real Estate      

(All Cases)


News for Missouri Lawyers
Judge Gary Lynch Named President of State Courts of Appeal Chief Judges Council
Judge Gary LynchJudge Gary Lynch of the Missouri Court of Appeals, Southern District has been elected president of the Council of Chief Judges of the State Courts of Appeal (CCJSCA). He will serve a one-year term.

Immigration Cases Continue to Surge, Now Most Common Federal Crime
Immigration cases continued to be the fastest growing segment of cases in the federal system according to the latest report of the U.S. Sentencing Commission, increasing from 18.6 percent of the annual federal caseload in 2002 to almost 35 percent last year. (More)

Avoid 28% IRS Penalty, Possible Ethics Issues Involving IOLTA Accounts
Discuss New IRS Requirements With Your Credit Card Processor Before January 1

The IRS now requires that credit card processors report all gross credit card transactions processed for businesses (including lawyers and law firms) and will impose a 28 percent withholding penalty on all transactions if the taxpayer identification number (TIN) and the legal name on each account does not match exactly. Lawyers risk ethics issues if funds are withheld from an IOLTA account. (More Details) (Advice from LawPay)

News at the Bar
Holidays Can Put Pressure on Recovery, MOLAP Offers Confidential Help
MOLAPHoliday parties and gatherings can be especially difficult when you are already struggling with substance abuse. Missouri Lawyers Assistance Program (MOLAP) offers Missouri Bar members, their families and law students 24/7 access to confidential counseling at no cost. Call MOLAP at 1-800-688-7859.

One Click to Complete 2013 Enrollment Process, Pay Dues Online
Lawyers can complete their 2013 enrollment process online, including the payment of enrollment fees using a credit card. A convenience fee does apply when using a credit card. Dues payment deadline is January 31. (Enrollment Fees Online)

Because Things Change - Review of Your Member Record the Year-End
Year-end is a great time to take a few moments to review and update your official Missouri Bar record. View your record online in the members-only section at www.mobar.org.

Add Practice Area and Practice Setting to Your Member Profile
Helps Bar Serve Members Better and More Efficiently

A recently added feature added to the member profile offers lawyers the opportunity to add practice area and practice setting information. (Review and Update Your Profile Online Now)

Do You Accept Credit Cards? LawPay Announces Special Offer for Missouri Lawyers
Free Virtual Terminal, Program Fee Waived for 3 Months, Offer Ends December 28

Does your processor meet ABA standards when it comes to correctly safeguarding and separating client funds into trust and operating accounts? Is PCI Compliance provided at no additional cost? With LawPay, the answers are Yes and Yes. And Missouri Bar members can also save up to 25% on processing fees.
(More on this Member Benefit) (LawPay)

Tax help links
IRS Strengthens Integrity of ITIN System; Procedures in Effect for Upcoming Filing Season
The IRS announced updated procedures to strengthen the Individual Taxpayer Identification Number (ITIN) program requirements. The new modifications and documentation standards further protect the integrity of the ITIN application and refund processes while helping minimize burden for applicants. (More)

dor.mo.gov


IRS Practitioner Tax Center
IRS Tax Information for Tax Professionals

Best of CLE Spotlight —recognizing outstanding leadership and dedication to MoBarCLE
Scot W. BoultonSpecial thanks to Scot W. Boulton, who has generously contributed his time, talent and knowledge to help create excellent CLE programs and publications. His commitment to share his expertise with colleagues is an integral part of MoBarCLE’s ongoing effort to educate Missouri lawyers and ultimately to enhance the quality of legal services to the public. (Read More)

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

News from Law Schools
Critics Are Not Persuaded by Dean’s Op-Ed Criticizing Anti-Law School ‘Hysteria’
Case Western Reserve University law dean Lawrence Mitchell appears to be fighting a losing battle. In a New York Times op-ed, Mitchell last week criticized the “hysteria” and “overwrought atmosphere” that are discouraging talented individuals from attending law school. (ABA Journal Article)

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
Lawyer’s Pro Bono Work Exposes Robo-Signing Practice, Recognized with $100,000 Purpose Prize
Thomas CoxThe timing couldn’t have been better when Thomas Cox walked into the offices of Pine Tree Legal Assistance. The nonprofit where he had periodically volunteered during his long career as a private practice lawyer for banks was launching a legal assistance program for low-income homeowners facing foreclosure, and Cox had literally written the book on the subject.. (Details)

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

  • Gov. Nixon Names Paul Wilson to Missouri Supreme Court
  • Gov. Nixon Appoints Circuit Judge Mary Sheffield to Missouri Court of Appeals, Southern District
  • Current Vacancies

(Latest Details)

Letters to the Editor

Submit Letters to the Editor

Resource Reminder – available only through The Missouri Bar
Need a Vacation? MoBar Travel Committee Announces Three Cruises for 2013
Go Next Travel and the Missouri Bar Travel Committee are offering three cruises in 2013 – a 7-Night Antebellum South river cruise in March, a 10-night Mediterranean and Greek Isles luxury cruise in May and another 10-day Alaskan cruise in July.   (More)

Take 15% Off a 2013 MoBarCLE Season Pass if Purchased by December 19th
Thinking about a gift for a lawyer on your holiday list? MoBarCLE is offering a 15% discount on 2013 Season Passes. And if you already have a pass that expires in 2013 – that pass is still good and your renewal will not start until the current pass expires. (Details)

MoBarCLE Resources

Spotlight on an Upcoming MoBarCLE Program
How To Series: Traffic/DWI/DUI – Telephone Seminar on December 12
In this basic seminar, expert criminal defense attorneys will provide you with practical information to successfully represent your client on charges of driving while intoxicated and driving under the influence of drugs and/or alcohol and essential updates on the latest issues in traffic law. (More Information and Registration)

Next week's MoBarCLE programs

Program Day Date Time Format

Ethics in Pre-Trial Investigations

Mon. Dec. 10 12 noon - 1 pm Telephone Seminar / Audio Replay
Asset-Based Finance, Part 1 Tues. Dec. 11 12 noon - 1 pm Telephone Seminar
Guidebook Practice Series:
Motor Vehicle Purchasing and Leasing
Tues. Dec. 11 2 pm - 3:30 pm Telephone Seminar
Thurgood Marshall's Coming! Wed. Dec. 12 11 am - 2:15 pm Movie Webcast
How to Series: Traffic/DWI/DUI Wed. Dec. 12 12 noon - 2 pm Telephone Seminar
Asset-Based Finance, Part 2 Wed. Dec. 12 12 noon - 1 pm Telephone Seminar
8-hour Guardian ad Litem Training -- Kansas City Thurs. Dec. 13 8 am - 4:45 pm Video Replay
The Next Step Series: Handling Property Tax Appeals in Missouri Thurs. Dec. 13 2 pm - 4 pm Webinar
Post-Mortem Estate Planning Fri. Dec. 14 12 noon - 1 pm Telephone Seminar

CLE Calendar

Best of CLE Course Notes

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

MoBarCLE publications for your library
Guidebook—The Sunshine Law (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—Family Law (7th ed. 2012)
View Excerpt from Chapter 15, "Characterization and Division of Property in Divorce" (PDF Format - 22 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
November, 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  

 

   
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