by John W. Briscoe
At the conclusion of my term as President of The Missouri Bar, I want to reflect upon several things that relate to our profession and those of us who try to practice it. The following are not necessarily listed in order of importance. I believe all are important, and our continued efforts on all of them are vital to the future of the legal system in Missouri.
Legal Services Through the various legal services programs, we aspire to provide access to justice for all our citizens. Part of this is accomplished by the thousands of hours of pro bono work all of us do each year. But an even larger part is done by actual legal services offices, which are funded by several sources: private contributions and gifts; federal funding; and state funding. Federal funding has been severely reduced in recent years, while state funding was increased dramatically under Governor Carnahan. In January of this year, we were faced with the stark reality that, due to serious budget problems, state funding for legal services might be completely terminated or seriously reduced.
Poor people must have lawyers for our justice system to work. So The Missouri Bar endeavored to encourage the General Assembly to provide general revenue funding at least equal to that of the prior year (i.e., $1.5 million) and to allocate 35% of the Tort Victim's Compensation Fund for Legal Services. Our legislative champion, Robert Clayton, worked tirelessly for our cause, along with Board of Governors members Dick Halliburton and F. Dianne Taylor, and Missouri Bar staff members Catherine Barrie and Nike Thompson. Governor Bob Holden and his chief legal counsel, Judge Glenn Norton, also encouraged and supported our position. Ultimately, the General Assembly appropriated the same funding as the prior year, but in a significantly different fashion. Unfortunately, due to severe budget constraints, Governor Holden reluctantly had to veto $750,000 of the $1,550,000 appropriation for legal services.
We hope that the $750,000 can be restored for the legal services programs early next year. But where do we go from here??? That is a question we must face soon. The state's budget problems will not mysteriously disappear. Some are suggesting a court cost deposit to be used for legal services funding. Others think the General Assembly should increase the state income tax or some other tax for this purpose. Obviously, tax increases are not terribly popular these days. There is no easy answer to this question of where the money will come from to keep legal services viable in Missouri. This is a problem we must face and resolve soon.
Racial Diversity It exists to some degree in the St. Louis and Kansas City metropolitan areas and, to a lesser extent, in central Missouri. But for most of outstate Missouri, there is no such thing as racial diversity in our profession. Last November, I appointed a committee to study the matter and present a report to the Board of Governors during this year's Annual Meeting in Springfield. Dean Burnele Powell of the University of Missouri-Kansas City School of law heads that committee, and we look forward to receiving his report. Regardless of that committee's findings, we all need to treat all our brothers and sisters in the law with respect and dignity. This brings to mind another subject about which we hear and read a great deal.
Civility When I was elected to the Board of Governors in 1990, many people (judges and lawyers, including yours truly) were constantly harping on this. Then, and now, many lawyers were and are uncivil to other lawyers, litigants, clients and court personnel. Obviously, it does nothing to improve the public image of lawyers when someone fails to act professionally toward his colleagues.
In this regard, I feel compelled to write about my friend, Austin Parham. Austin, who died while I was working on this article, was probably the finest lawyer in northeast Missouri, and certainly the most civil. Austin was six years behind me in law school, but he taught me a great deal about successful lawyering. He was always respectful of all other lawyers, regardless of age, gender, race or any other circumstances. I know Austin did hundreds of hours of pro bono work every year without ever seeking thanks or recognition. His word was his bond, and I doubt there is a lawyer anywhere who can say Austin Parham ever told a lie. Although not exactly a “do-gooder,” Austin was quietly active in community affairs for many years. It was not unusual for him to work 75 or 80 hours in a week. He and his wife, Merrilyn, raised two fine sons. I have never known Austin to be abusive, aloof, condescending, or mean in any way to another human being. He was a lawyer's lawyer. No lawyer ever prepared a case for trial more meticulously or thoroughly than Austin. He worked hard to maintain a positive attitude as he battled the ravages of leukemia for the last 19 months of his life. The lawyers of northeast Missouri are fortunate to have had Austin as a role model. I am fortunate to have had him as a friend. All of us should try to emulate Austin Parham in our dealings with our brother and sister lawyers.
Mentoring Program This was the brainchild of former Missouri Bar President Marvin E. (Bunky) Wright, and it got started a little more than three years ago as a pilot program in southwest Missouri. Two years ago it expanded into the Kansas City area, and last year into the St. Louis area. I am very pleased that it is currently being expanded to a statewide program. The mentoring program holds special significance for me because of my personal experience.
I began the law practice as a sole practitioner in a town of about 1,500 people 34 years ago. My family had been farmers and country politicians. I was the first in my family to attend college, and I grew up without any close relationship to a lawyer. And, quite frankly, I was not the greatest law student at the University of Missouri-Columbia in the Class of 1966. So I began my law practice with almost no clue as to what should be done. I did not even try to kid myself into thinking very highly of my capabilities as a young lawyer. So it was only natural for me to seek out guidance. Over the years I have had numerous mentors among the lawyers and judges of northeast Missouri, some of them ranking among the finest lawyers in the history of our state. The two mentors to whom I owe the most are Tom B. Brown of Edina and Judge James R. Reinhard of Hannibal.
Tom was my original mentor, as I was the “other lawyer” in his town. He was patient and helpful, but never condescending. I doubt that I really regarded him as my “mentor” at that time, and I know Tom must have viewed me as an exceedingly simple young man. However, he was kind enough to teach me such fine points of law as who the three parties are in a deed of trust. One of the highlights of my year as president took place when Tom Brown requested that I autograph his Senior Counselor certificate. I did so with a tear in my eye. Thanks, Tom! You are a great friend.
I had practiced law for four years and moved back to my hometown before Judge Reinhard became a mentor to me. He was practicing in Monroe County, and he was always willing to give his time to guide me. He has an unerring sense of the right things to do to build a small town practice. Of course, Jim became our circuit judge and then spent 20 more years on the Court of Appeals for the Eastern District. If we had an award for the person who mentored to the most lawyers, he would win it going away. There are very few successful lawyers and judges in northeast Missouri who did not get some mentoring from Jim Reinhard along the way.
The Mentoring Program can be very rewarding, regardless of whether you are the mentor or the protégé. That is why I encourage you to participate in the program from one position or the other as the need arises. If, like some, you need a Biblical basis to justify your participation, I encourage you to review the Gospel according to Mark 9:30-37 and Mark 10:17-27.
Thanks I have appreciated the opportunity to serve as president of your Missouri Bar. It has been a wonderful experience, and I have a number of people to thank for that. First, Keith Birkes and the entire staff of The Missouri Bar have been terrific, and a person from a small firm could never do this job without their first-rate guidance. All of my predecessors (I hesitate to name one without mentioning about 15 of them) have been generous with their help and advice, all of which is greatly appreciated. My former partner, Judge David Mobley, and my two current partners, Rodney Rodenbaugh and Joe Brannon, have been great to work extra hours and cover for me while I was away from the office this year. Your President-Elect, Theresa Levings, and Vice-President Judge Rick Teitelman have been supportive of my efforts, as have the members of the Executive Committee and the Board of Governors.
Thanks to all of you!