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Springfield MetropolitanBar Foundation

2016 NABE/LexisNexis Community and Educational Outreach AwardMagna Carta Project - Springfield Metropolitan Bar Foundation

— In This Issue — Bar Foundation SpotlightAspiration to Impact – Patrons, Programs and PromiseSupport the Foundation! Triviae Nox at the Fairbanks and Bearister 5K Recap

PLUS

Brewing Up A Debate: Attorney General Candidates

Leading Ladies of our Bench and Bar at October Monthly Lunch

A Springfield MetropolitanBar Association Publication

Mark McQueary receives the award on behalf of the Springfield Metropolitan Bar Foundation August 4, 2016 at the ABA annual meeting in San Francisco

Photo Credit: Gene X Hwang of Orange Photography

SUSTAINING MEMBERSas of September 20, 2016

Chantel Alberhasky - Randy Alberhasky - Kristoffer Barefield - Erik Bergmanis - Stacie Bilyeu - The Hon. Becky Borthwick - The Hon. Jason Brown - Thomas Burke - The Hon. Don Burrell - The Hon. Ron Carrier - Kim Chaffin - Ron Conway - James Corbett - Matthew Corbett - The Hon. Michael Cordonnier - David Crawford - Richard Crites - The Hon. John Crow - Michael Cully - Gary Cunningham - The Hon. Charles Curless - Dana Tippin Cutler - Deborah Dodge - Greg Dorshorst - Nate Dunville - Alexander Edelman - Randall Eggert - The Hon. James England - Thomas Field - The Hon. William Francis - Virginia Fry - Dwayne Fulk - Mark Gardner - Topper Glass - Ginger Gooch - Teresa Grantham Fiester - Shannon Grisham - Jennifer Growcock - Matthew Growcock - Fred Hall - Sam Hamra - Eugene Han - The Hon. William Hass - Courtney Hayes - Thomas Hearne - The Hon. Michael Hendrickson - Crista Hogan - The Hon. John Holstein - The Hon. Andy Hosmer - Robert Ingold - Donald Jones - John Kail - Doug Kays - Emily Kembell - Danielle Kincaid - Paul Kirk - Kurt Larson - John Lightner - Rod Loomer - The Hon. Gary Lynch - Evelyn Mangan - C. Dudley Martin - Regi Martin - Summer Masterson-Goethals - Bruce McCurry - Abram McGull - Mark McQueary - Thomas Morrissey - Michelle Moulder - The Hon. Thomas Mountjoy - Bryan Musgrave - Patricia Musick - Katherine O’Dell - Tom O’ Neal - Ashley Norgard - Robert Palmer - The Hon. Margaret Palmietto - The Hon. Lisa Page – The Hon. John Parrish - Joe Passanise - Andrew Peebles - Scott Pierson - The Hon. Mark Powell - John Pratt - Nancy Price - David Ransin - Catherine Reade - John Reed - Ken Reynolds - B. J. Richardson - The Hon. David Rush - Matthew Russell - Tom Rykowski - Ted Salveter - Kendall Seal - John Schmidt - Joseph D. “Chip” Sheppard, III – Paul Sherman - Kenton Slankard - Stephen Snead - Amy Squibb - Ron Stenger - Stephanie Stenger Montgomery - Laurel Stevenson - Tom Strong - The Hon. Richard Teitelman - The Hon. Todd Thornhill - Ashley Twibell - Branden Twibell - John Vaughan - Lee Viorel - Dee Wampler - Bill Wear, Jr. - The Hon. Henry Westbrooke - The Hon. Dean Whipple - David Wieland - Richard Wilson - Will Worsham - The Hon. David Zerrer

And the late Hon. James Prewitt, who was a loyal and supportive member of the bar and will be greatly missed.

Sustaining Member Lapel Pins

Pick yours up at the SMBA office or let us know and we will be happy to mail it to you.

Coming Soon: Moxie Matinee - Free Movie for Sustaining Members Save the date: November 12, 1:00 p.m.

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SEPTEMBER 2016 : 3

— CONTENTS —SMBA BOARD

Robert Palmer, President Ginger Gooch, President-Elect

Ashley Twibell, Secretary Emily Kembell, Treasurer

Mark McQueary, Past President

EX OFFICIOThomas Mountjoy, Presiding JudgeCrista Hogan, Executive Director

DIRECTORS

Chantel Alberhasky The Hon. Don Burrell

Jeff Bauer Stacie Bilyeu

John Pratt Jason Smith

Matthew Growcock Eugene Han Jim Tucker

Tom Carver John Lightner Joseph Reid

The Bar News is published by the Springfield Metropolitan Bar

Association. Views expressed are those of the authors and do not necessary reflect the

policy or position of the SMBA. Advertising is accepted based on space availability and suitability to audience and does not imply

endorsement. Editorial inquiries should be made to chogan@

springfieldbar.com. Advertising inquiries should be made to

info@springfieldbar.com.

BAR NEWS STAFFCrista Hogan, Editor

Rebekah Teller, DesignerJames Green, Assistant

Evan Grosch, InternRiley Quinn, Intern

SMBA 1615-D S. Ingram Mill Rd.

Springfield, MO 65804 (417) 831-2783

ARTICLES5 Springfield Metropolitan Bar Foundation by Robert Palmer, SMBA President

7 National Recognition and Local Impact by Mark McQueary, President, Springfield Metropolitan Bar Foundation

9 Foundation for Excellence - Catalyst for Good by Crista Hogan, Executive Director

14 Recent Developments in Managing Client Files by Michael Downey, Downey Law Group, LLC

17 Tech Takeover by Amber Throckmorton, Paperwise

Upcoming Events and SMBA CLE10 Triviae Nox at the Fairbanks

13 Monthly Lunch and Bar Brew

Activities, Achievements and Announcements

4 Bench and Bar News

8 Bearister 5K Results and Recap

11 Bulletin Board

23 Classifieds

THE OBJECT OF THE SPRINGFIELD BAREstablished October 17, 1903 

• To maintain the honor and dignity of the profession of law,

• to cultivate social interaction among its members,

• and for the promotion of legal science,

• and the administration of justice.

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Welcome New Members! The results of the July bar exam were recently released and there are some new faces in the bar. Some just graduated and are new to the profession and others are new to our community. We welcome all and look forward to getting acquainted. New members will be invited to participate in our Tour de Courts program so please let us know if we need to add anyone to our list. Email info@springfieldbar.com.Attorney at Law:Victoria Marszalik • Tati Scholfield-JohnsonCox Health: Christie Eckhardt Greene County Prosecutor’s Office:Max Nagle • Paul Rebar • Gage FletcherHall Ansley: Chip Lee Husch Blackwell: Nathan Stech • Larissa Warren Legal Services of Southern Missouri:Antonio HansberryLowther Johnson: Megan Million • Lynsey Russell Missouri Public Defender’s Office:Patty Poe • Hannah Kahn • William ConwayNeale & Newman: Ryan Frazier The Law Store: Mallory McDonaldTolbert, Beadle & Musgrave, LLC: Jacob UhlerTurner Reid: Jeff Coffey • Jeff UppU.S. District Court – Judge Harpool:Jared Guemmer

Court of Appeals Gives AwardIn recognition of his commitment to judicial education and his dedicated service as a member of the Appellate Court Education Committee, Judge Gary Lynch of the Missouri Court of Appeals, Southern District, was awarded a certificate of appreciation during a recent court en banc meeting. Judge Lynch has served the Appellate Court Education Committee since 2007. Judge Lynch has been an appellate judge since January of 2006. Prior to that, he was a circuit judge for Polk County. He currently lives in Bolivar, Missouri.

Retirement ReceptionA retirement reception honoring Commissioner Scott Tinsley and Commissioner Sue Chrisman will be held on Friday, October 14, 2016 from 12:00pm - 2:00pm at the Greene County Judicial Facility, 1010 N. Boonville Ave (First Floor Jury Assembly Room) Springfield, Missouri. Remarks will commence at 12:30. Refreshments will be served.

BENCH AND BAR: News and Announcements

New Custody LanguagePursuant to House Bill 1550, this language is now required in every court order that establishes or modifies custody or visitation: In the event of noncompliance with this order, the aggrieved party may file a verified motion for contempt. If custody, visitation, or third-party custody is denied or interfered with by a parent or third party without good cause, the aggrieved person may file a family access motion with the court stating the specific facts that constitute a violation of the custody provisions of the judgment of dissolution, legal separation, or judgment of paternity. The circuit clerk will provide the aggrieved party with an explanation of procedures for filing a family access motion and a simple form for use in filing the family access motion. A family access motion does not require the assistance of legal counsel to prepare and file.

38th Circuit Court Receives Permanency AwardThe 38th Judicial Circuit was recently honored with a Permanency Award. The Honorable Mary Russell of the Missouri Supreme Court presented the award in a ceremony held for that purpose August 30.

Judge Russell Receives McMillan AwardThe 2016 Theodore McMillian Judicial Excellence Award recipient is Missouri Supreme Court Judge Mary Russell. The McMillian award is presented by The Missouri Bar to recognize jurists who, by virtue of their integrity, leadership and diligence in the pursuit of the efficient administration of justice, inspire other members of the judiciary to similar noble purpose.

Family Court Commissioners SelectedThe 31st Circuit Court en Banc has selected two SMBA members to fill the family court commissioner positions, which will become vacant with the retirement of Commissioners Sue Chrisman and Scott Tinsley. Regi Martin will be the new commissioner of Family Court Division One with an anticipated start date of November 23, 2016. Susan Jensen was selected as the new commissioner for Family Court Division Two starting on or about November 1, 2016. Both Martin and Jensen come to the court from private practice, Martin as a sole practitioner and Jensen from the firm Pratt, Jensen & Grisham.

SEPTEMBER 2016 : 5

Most members of the Springfield Metropolitan Bar Association are unaware that there is a separate and totally distinct organization with an entirely different mission than the SMBA called the Springfield Metropolitan Bar Foundation. Essentially the focus of the Association is on its members, the local courts, and the profession in general. The Foundation on the other hand is focused on the community and our profession’s involvement in it. The Foundation’s mission is to be a charitable and educational organization committed to improving the legal profession and to bettering the community through service, education and volunteerism. It was formed to protect civil liberties, enhance public understanding and respect for the rule of law, to provide public service and to provide equal access to the legal system. Over the years, the Foundation has received three national awards. The Magna Carta: Enduring Legacy 2015-2015 project, which was headed up by the SMBA’s immediate past, President Mark McQueary, brought the national traveling exhibit currated by the Law Library of Congress and produced by the American Bar Association to Springfield, Missouri and was hosted by Missouri State University. The exhibit, which was on display from October 10-23, 2015, touched over 4,000 people in our local community especially high school students. If you did not go to see it, it was a tremendous exhibit that laid out the entire history of the Magna Carta and how it affects our legal system to his very day. This project received the 2016 NABE Lexis Nexis Community and Educational Outreach Award. Sus Derechos: Your Rights was an effort in 2007 to help the burgeoning Hispanic immigrant population in southwest Missouri by providing information to promote understanding of legal rights and responsibilities. The goal was to help prevent the abuse by unscrupulous Notarios and others from selling “legal advice” to recent immigrants who are particularly vulnerable to being scammed due to language and cultural

barriers. Various bi-lingual public forums on immigration, employment, and general law were held across the community. In 2008, this project received the national award for Excellence in Public Service Programming by Lexis Nexis and NABE. Lastly, in terms of national awards, in 2010 the Love Them, Don’t Leave Them Wondering project by the Foundation received the Excellence of Public Service Programming award from the National Conference of Bar Foundations. The goal of this project was to distribute and assist in the completion of over 1,000 health care directives by Valentine’s Day 2006. It was specifically designed to assist individuals in understanding medical directives so that in the event of a medical emergency their loved ones and care providers would not be left wondering about the patient’s wishes. This project involved not only the providing of forms and documentation but also giving step-by-step in person instructions on how to complete the forms and provided notaries and witnesses to assist in executing the documents. The project was an outstanding success. Other projects for which the Foundation is responsible include the Bearisters, Fairbanks AD: Advisors and Advocates, and the Mini Law School for the Public. I have written in past newsletters about all three of these projects. However, briefly The Bearisters is a Foundation project that serves the students at Missouri State University by providing volunteer lawyers who meet with students by appointment for limited consultation and referral. This project has been tremendously successful and is already up and running for this coming scholastic year. Fairbanks AD: Advisors and Advocates is collaboration between the Foundation, SMBA, and the Fairbanks. The Fairbanks AD is not a building but a vision to build a community that improves the quality of life for residents in one of the most distressed areas of our community, the Grant Beach neighborhood. It has provided an opportunity for young lawyers of the Springfield

by Robert Palmer2016 SMBA President

SPRINGFIELD METROPOLITAN BAR FOUNDATION

continued on page 23...

6 : BAR NEWS

— Springfield Metropolitan —Bar Foundation

National Recognition and Local ImpactMark McQueary reflects on Past, Present and Future of the Springfield Metropolitan Bar Foundation

Bearister 5K Recap and ResultsThe annual 5K moved to the fall with a new name and venue but the Bearister Run had the same great fun and fast camaraderie.

Foundation for Excellence - Catalyst for GoodSince it’s inception in 2003 the Springfield Metropolitan Bar Foundation has fulfilled its mission by supporting and created projects aligned with foundation priorities. Executive Director Crista Hogan gives an overview of those efforts.

Triviae Nox at the Fairbanks: Show Us Your SmartsLegal themes that are more Hollywood than hornbook, the inaugural event gives everyone an equal chance to be declared champs and take the traveling trophy. Sign up today, secure your spot!

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The Springfield Metropolitan Bar Foundation is a charitable and educational organization committed to improving the legal profession and to bettering the community through service, education and volunteerism. The purpose for which the Foundation was formed is to protect civil liberties, to enhance public understanding and respect for the rule of law, to provide public service, and to provide equal access to the legal system.

Foundation for Excellence and ImpactSince its inception in 2003 the Springfield Metropolitan Bar Foundation has supported community projects aligned with the mission and created projects in areas that were not already addressing foundation priorities. This issue of the Bar News highlights some of those programs as well as those individuals who helped propel the mission from concept to community impact.

Events, Fundraisers and Fun RaisersThis year we added September’s Bearister 5K and October’s Triviae Nox at the Fairbanks to the calendar. Designed to raise fun and raise funds, these events go one step further. Each highlights the efforts and impact of foundation programs.

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Earlier this month, I had the distinct honor of representing the Springfield Metropolitan Bar Foundation in San Francisco to accept the NABE LexisNexis Community and Educational Outreach Award for the Springfield Bar Foundation’s “Happy Birthday Magna Carta” project. Although you have heard much about this project during the past year, this national award acknowledges a part of the significant impact of our Bar and Foundation in our local community. This award also acknowledges the tremendous efforts of all of our sponsors and community partners in this once-in-a-lifetime project and opportunity. The award seems a fitting coda for our celebration of The Great Charter. Of course, the important work of our Bar Foundation would not be possible without the generous commitments of our members. Those commitments of financial

resources and volunteer time have made projects like “Happy Birthday Magna Carta” possible. And those commitments have resulted in several national awards, like this most recent one, recognizing the first-class projects and the community-wide impact of our Bar Foundation. Although our celebration of Magna Carta has come to an end, important works still remains, and as with each of our past projects, the commitments of our members are vital. On Friday, September 16, the Bar Foundation will host the 2016 Bearister 5K with proceeds supporting the Bearister program that links SMBA volunteers with Missouri State University students with legal needs and questions for limited consultations and referrals. On October 21, the Bar will host Triviae Nox (Trivia Night) at the Fairbanks to benefit Fairbanks AD: Advisors and Advocates, a fundraiser for the Foundation

that highlights our work in conducting quarterly legal clinics at the former school to assist the Grant Beach neighborhood and surrounding area. Participation in these fundraising opportunities by as many of our members as possible will propel our Bar and Foundation’s work forward. Several years ago, the Foundation’s founding donors took a leap of faith that the Springfield Metropolitan Bar Foundation could become the nationally-recognized and awarded organization that we are today. The impact that vision has had on our legal community and our local area is truly inspiring. Today, every member can claim a stake in the Bar Foundation’s future by participating, donating, and committing to the vision of our founding members. I hope you will join me, our founders, our donors, and all of our volunteers in doing so.

by Mark L. McQueary SMB Foundation

NATIONAL RECOGNITION AND LOCAL IMPACT

Springfield Metropolitan Bar Foundation Charter DonorsThe Charter Donors pledged their support and gave generously when the foundation was initially formed. Their leadership provided base needed to build and deliver on the lofty aspirations of the fledgling organization.

Lathrop & Gage, P.C.Neale & Newman, LLPStrong Garner Bauer, P.CHusch Blackwell Sanders, LLPTurner, Reid, Duncan, Loomer & Patton, P.C.Carnahan Evans Cantwell & Brown, P.C.Haden, Cowherd & Bullock, LLCPolsinelli Shugart, PC Aleshire Robb & Sivils, PCBaird, Lightner, Millsap & HarpoolClifford S. BrownCrista HoganLowther Johnson, Attorneys at Law LLCReynolds Gold and Grosser, P.C.Leland Bussell

Jeff Schrag, The Daily EventsAaron W. SachsSpringer & HaseltineStephanie Stenger MontgomeryDavid & Susie WielandHamburg & Lyons, LLCSam F. Hamra and Michael K HamraDouglas B. KaysLee J. Viorel and Julie ViorelThe Honorable Jason BrownThe Honorable John CrowTeresa GranthamHazelrigg, Roberts and Easley, P.C.Hogan Land Title CompanyHyde, Love and Overby, LLP

Robert G. IngoldDonald W. JonesPaul W. KingKirkpatrick Philips and Miller, CPAsWilliam C. LoveRick MuenksMichelle MoulderJoseph PassanisePratt, Fossard, Jensen and MastersPatrick K. RobertsState Bank of Southwest MissouriLinda ThomasDee WamplerKevin AustinThe Honorable Mark Powell

8 : BAR NEWS

2016 BEARISTER 5K

Race Results (categories are mutually exclusive)

Fastest Female: Megan MillionFastest Male: Frank RominesFastest Judge: Andy Hosmer

Fastest Lawyers1. Sarah Kerner2. Patricia Musick3. Chantel Alberhasky

1. Joshua Mareschal2. Robert Musick 3. Craig Hosmer

Fastest Firm: A Tradition For 14 Years in the Running!

2016: McAnany, Van Cleave & Phillips Joshua Mareschal, Patricia Musick and Robert Musick 2015: Pettit and Cowherd Injury Solutions2014: Haden, Cowherd and Bullock2013: Strong Garner Bauer2012: Bradshaw and Belk2011: Bradshaw & Belk2010: Carnahan, Evans, Cantwell & Brown2009: Strong Garner Bauer2008: Lathrop & Gage2007: Lathrop & Gage2006: Blackwell, Sanders, Peper & Martin2005: Baird Lightner & Millsap2004: Haden, Cowherd, Bullock & McGinnis2003: Husch & Eppenberger

Thank you Sponsors!Millington, Glass, Love & Young

Missouri State University - Political Science Department

Phi Alpha Delta Law Fraternity

Tolbert, Beadle & Musgrave, LLC

Thank you Boosters and Volunteers!Haden Cowherd & Bullock, LLC

Cindy UmanaMark McQueary

Ginger GoochAbram McGull

Victoria MarsazlikKevin Pybas

George Connor

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Since its inception in 2003 the Springfield Metropolitan Bar Foundation has supported community projects aligned with the mission and created projects in areas that were not already addressing foundation priorities. This issue of the Bar News highlights some of those programs as well as those individuals who helped propel the mission from concept to community impact. This year we added September’s Bearister 5K and October’s Triviae Nox to the calendar. Designed to raise fun and raise funds, these events go one step further. Each highlights the efforts and impact of foundation programs and simultaneously raise awareness of the foundation’s charitable and educational mission. The Bearister Run took place Friday September 16 with runners gathering as the sun was rising. It wasn’t an entirely unfamiliar event. For more than two decades the Springfield Bar 5K has brought together lawyers, runners and lawyer-runners for a bit of fun, fitness and friendly competition. This year that tradition continued in the form of the Inaugural Bearister Run. This year, instead of coursing through the streets, the 5K course was 12½ laps on the track, a detail which caused some pre-race apprehension for both race director and runners. That apprehension quickly dissipated and by the end of the race runners conceded that they not only liked the new venue, they actually preferred it. It was a great race and fun event thanks to our runners, sponsors boosters and volunteers. The race name and location at Missouri State University showcased and promoted the collaboration between the bar foundation and the university in the creation of the Bearister Program. Legal issues are not always understood or addressed by overwhelmed students, many of whom are dipping their toe into the adult world for the first time. Bearisters are volunteer lawyers who meet with Missouri State students for limited consultation and referral. Bearisters help students stay on track and focus on their studies by preventing small issues from becoming big problems.

Our upcoming Triviae Nox at the Fairbanks provides another opportunity to build support and showcase the work of our foundation while raising funds, funs and awareness. The concept of a Trivia event as the signature fundraiser for the foundation was conceived years ago. This year, inspired by our foundation Fairbanks AD project, Triviae Nox got off the drawing board and on the calendar. The Fairbanks AD Project provides residents of the Grant Beach neighborhood advice and referral to help them overcome legal and administrative impediments preventing economic security and family stability. Multigenerational poverty has resulted in a cycle in which residents have the potential to be employed and improve their lives, but lack the resources and social capital to remove barriers to stable employment and stable lifestyles. Triviae Nox at the Fairbanks is an opportunity to see the transformative effect that vision and compassion can have on our community. Acquired by Amy Blansit in 2013, the Fairbanks has experienced a metamorphosis from a forgotten, decrepit school to a vibrant community center, changing lives for the better along the way. Come and see for yourself, and show your smarts for a good cause at Triviae Nox October 21. Bearisters and Triviae Nox are the newest additions to the time-line, but join the impressive line-up of outstanding and award-winning foundation projects:

2005: Love Them, Don’t Leave Them Wondering – Healthcare Directive Clinics2010 National Conference of Bar Foundations Excellence of Public Service Programming Award The first clinic drew a standing room only crowd of 240. Ten years later, the bar continues to mobilize volunteers annually on National Healthcare Decisions Day and more than 2,000 people have received assistance.

2007: Constitution Day and Lyceum Lecture SeriesLectures, forums and activities designed to encourage the exchange of ideas and increase interest and awareness in tangible manifestation and theoretical constructs of our legal system. Lectures hosted by the Springfield Metropolitan Bar Foundation have included former U.S. Attorney General John Ashcroft, former United States Senator John Danforth and James Silkenat, Past President of the American Bar Association.

2008 Sus Derechos2008 NABE Lexis Nexis Community and Educational Outreach AwardThe bar foundation conducted bilingual public forums on immigration, employment and general law. Forums were held in conjunction with seminars for business and community leaders on complementary topics through the Springfield Area Chamber of Commerce.

2015 Magna Carta Project2016 NABE Lexis Nexis Community and Educational Outreach AwardThe Springfield Bar and its community partners hosted a total of twenty-four Magna Carta related events in seven local venues and a national traveling exhibit. This community collaboration directly touched 4,000 people.

2015 Mini Law School for the PublicFor many years the Missouri Bar has partnered with law schools and libraries to bring this unique opportunity to residents of St. Louis and Kansas City. In 2015, with support of the Springfield Metropolitan Bar Foundation, mini law school came to the Queen City. The initial success insured that the program will continue to be offered each year for the foreseeable future.

by Crista Hogan, Executive DirectorSpringfield Metropolitan Bar Association and

Springfield Metropolitan Bar Foundation

FOUNDATION FOR EXCELLENCE - CATALYST FOR GOOD

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TRIVIAE NOX at the FairbanksBe Smart for a Great Cause!

Fun and Fantastic Legal Theme Categories (pro- tip: more Hollywood less Hornbook)

1126 N. BroadwayOctober 21, 2016, 6:00-9:00, Doors open at 6:00 first round starts promptly at 6:30

Soda and snacks available through the evening, bring your own beverage

Form Your Team, Take The Title!• $400 - Table (8 tickets, must submit in single check/payment) • $75 - Individual TicketFabulous Prizes:First Place Overall: Medals and winner t-shirts for all team membersSmartest Firm/Team Traveling Trophy: Top Team with 4 or more SMBA members

Sponsor Triviae Nox!Presenting Sponsor $2,500 Thank You Springfield Metropolitan Bar Foundation Board of Trustees

Triviae Nox Round Sponsor: $750 (total of 8 available)• Half page (5.5 w x 4.25 h) ad in event program• Firm listing on event signage and table tents• Recognition during sponsorted round, opportunity to present prize to round winners• Recognition in event promotion

Triviae Nox is a fundraiser benefitting the Springfield Metropolitan Bar Foundation. The event venue highlights Fairbanks, AD, a foundation project conducting quarterly clinics at the former school. Clinic volunteers provide advice and resource to residents of the Grant Beach neighborhood. The project goal is to support economic and family stability by helping residents resolve conflict and overcome legal and administrative obstacles. The Springfield Metropolitan Bar Foundation is a 501(c)(3). Your donation is tax deductible as allowable by law. Sponsors commitments must be received by October 14 to be included in printed material.

Sign me up! Participant

________table(s) of up to 8 @$400

________individual tickets @$75

Sponsor

________Presenting Sponsorship ($2,500)

________Round Sponsorship(s) @$750

name_______________________________________________________

email_______________________________________________________

firm/ team name______________________________________________

____ check enclosed (made to Springfield Metropolitan Bar Foundation)

____ invoice me

SEPTEMBER 2016 : 11

BULLETIN BOARD

LIBRARY WINS AWARD

Congratulations to Magna Carta community partner Springfield Greene County Library District, winner of the Missouri Library of the Year from the Missouri Library Association.

DEATH & DYING: CONVERSATIONS ON END-OF-LIFE MATTERS

In October Springfield Greene County Libraries will join community partners in presenting a compelling series of events and activities. The series is designed to encourage conversation about things few people are comfortable talking about. The Springfield Bar is sponsoring a panel discussion on end of life legal issues October 12 from 6:30-8:00 as part of the series. Thank you panelists Tom Peebles, Emily Kembell, and Josh Bade, and moderator Danielle Kincaid. For a complete listing of programs in this compelling series, go to thelibrary.org/death/

The series also includes special events featuring these nationally known authors:• Dr. Angelo Volandes, 7 p.m. Oct. 13 at the Springfield Art Museum• Caitlin Doughty, 6 p.m. Oct. 15 at the Library Center• Thomas Lynch, 7 p.m. Oct. 18 at the Library Center• Roz Chast, 7 p.m. Oct. 20 at the Library Center

Funding for this series was provided by a grant from the Hospice Foundation of the Ozarks with additional support from the Library Foundation.For a complete listing of program and details go to thelibrary.org/death/

SMBA MEMBER NAMED SBJ INFLUENTIAL WOMAN

Tamara de Wild has been named as a 2016 Most Influential Women honoree. Each year, 20 women are honored by the Springfield Business Journal for their professional, civic and philanthropic contributions. De Wild will receive her award at a luncheon honoring this year’s recipients October 14 at the University Plaza Hotel Convention Center.

MOBAR HONORS SMBA MEMBERS

Several SMBA members were recognized at the Missouri Bar Foundation and Public Service Awards Luncheon, Wednesday, September 21 during the Missouri Bar Annual Meeting.

Erica L. Mynarich, Carver Cantin and Mynarich LLC received the Lon O. Hocker recognizing young litigators for excellence in trial practice.

Donald M. Brown, Douglas Haun & Heidemann PC received the David J. Dixon Appellate Advocacy Award.

Marsha I. Stiles, Midwest Center for Law & Justice received the Pro Bono Publico Award.

In addition to the lawyers recognized, Missouri Senator Bob Dixon received the Missouri Bar Legislative Award. This award recognizes Missouri legislators who have made significant contributions to legislation affecting the administration of justice and the integrity of the judiciary.

MILLER PUBLISHED

Missouri State University Professor, Carol Miller, was published in The Missouri Bar Journal: Carol J. Miller and Ross Petty, The FTC’s Environmental Marketing Guides: Clarify Attributes, 72 J MO BAR 196 (July-Aug. 2016)

— SMBA CLE —Continuing Legal Education

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A Debate is BrewingOctober Bar Brew: Josh Hawley and Teresa Hensley, candidates for Missouri Attorney General make their case for why you should elect them as our state’s next top lawyer.

Leading Ladies of our Bench and BarOctober Monthly Lunch: Missouri Bar President Dana Tippin Cutler and Chief Justice Patricia Breckenridge of the Missouri Supreme Court

Eleven Tips for Managing and Protecting Client RecordsBy Michael Downey, Downey Law Group, LLC

Tech TakeoverBy Amber Throckmorton, Paperwise

Continuing Legal Education is more than just scrambling to meet the mandatory annual requirements. In this Bar News you will find articles by recent SMBA CLE presenters, and a preview of outstanding upcoming programs.

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13Managing Client FilesArticles on New Rules and Tech Tips for Managing, Storing and Maintaining Client Records

SEPTEMBER 2016 : 13

SMBABAR

BREW

SMBA CLE MONTHLY PROGRAMS

Outstanding October Offerings:Missouri’s Chief Justice and Missouri Bar President (Monthly Lunch)

andAttorney General Candidates Debate (Bar Brew)

Each SMBA Monthly CLE Lunch is only $30 for members with advance registration ($40 onsite) Nonmembers may attend as guests of SMBA members ($40 in advance, $50 onsite)

State of the Bench and Bar, October 19 Dana Cutler, President of the Missouri BarAt the October lunch we welcome the leaders of our state’s bench and bar. The SMBA is pleased to host Missouri Chief Justice Patricia Breckenridge and Dana Tippin Cutler, newly installed president of the Missouri Bar. Don’t miss this outstanding opportunity to hear first- hand from the leaders of our states bench and bar as the share their insights and priorities on issues of importance to our profession and our state.

Trial War Stories from Seasoned Veterans of the Bar, November 16, Presented by Rodney Loomer, Eric Belk, Kent Hyde and Steve Garner (Sponsored by Ellison Liggett, Litigation Consultants)

Gifts from the Bench, December 21

Each SMBA Bar Brew CLE is only $25 for members with advance registration ($30 onsite). Nonmembers may attend if space is available ($50).

Debate: Candidates for Missouri Attorney General October 20The field of candidates for the open Missouri Attorney General seat was narrowed to two in the August primary. Josh Hawley and Teresa Hensley have graciously accepted the SMBA’s invitation and will make their case for why you should elect them as our state’s top lawyer. Don’t miss this unique opportunity to get acquainted with the candidates. Space is limited so reserve your spot promptly

The Times (for the Crimes) they are a Changin’- Missouri’s New Code, November 17, Teresa Grantham Fiester and Eric Jennings (Sponsored by Carver, Cantin & Mynarich)

Dire Straits: How to Conduct an Effective Voir Dire, December 15, The Honorable Jason Brown and The Honorable Mark Powell (Sponsored by OrthoClick, LLC)

Sign me up! Register online, by email (info@springfieldbar.com), call us (417) 831-2783 or check the programs you would like to attend and mail this form to the SMBA, 1615-D S. Ingram Mill Rd, Spfd. MO 65804.

Name

Email

Lunch CLEThe Tower Club901 St. Louis Street, 22nd Floor11:45-1:00 (1 MCLE)

Bar Brew Thirdsty ThursdaysSpringfield Brewing Co.305 S. Market Ave.5:30-6:30 (1 MCLE)

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2016Issue Six

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Two recent developments in legal ethics may impact how lawyers handle client-related information. First, the Missouri Supreme Court adopted amendments effective July 1, 2016, to the Missouri Rules of Professional Conduct that regulate lawyers’ handling of client-related and trust-account records, Rules 4-1.15 and 4-1.22. Second, the Missouri Office of Chief Disciplinary Counsel and other states’ bar counsel have warned lawyers that certain emails appearing to come from disciplinary counsel in fact do not, but may instead contain Cryptolocker-type computer viruses or malware. In light of these recent developments, I offer eleven tips relating to the handling of client records. 1. The client still owns the entire file. Missouri law has long recognized that the client owns the client file – including attorney work product “from cover to cover.” In re Cupples, 952 S.W.2d 226, 234 (Mo. banc 1997). The new amendments to Rules 4-1.15 and 4-1.22 do not alter this basic principle. 2. The client decides what lawyer gets the original file. Missouri law provides that, upon request, a lawyer must give a client the client’s original file. The lawyer generally may keep a copy, but must do so at the lawyer’s own expense. The sole recognized exception is materials for which the lawyer has paid a third party (such as court transcripts, investigative or expert reports, and the like), and for which the client has not yet reimbursed the lawyer. 3. Trust-account related records must be kept six years. Rule 4-1.15(f) creates a similar six-year retention requirement for trust account-related records. The six-year period, a one-year year increase from the prior trust account record retention period, runs from the later of “termination of the representation” or the “date of the last disbursement of funds.” Rule 4-1.15(f) contains detailed specifications

of the records that must be kept for a minimum of six years. These records include at minimum: (1) receipt and disbursement journals; (2) client-specific ledgers; (3) fee agreements and similar documents; (4) accounting statements showing disbursements made; (5) bills and expenses sent to clients; (6) disbursement records; (7) check-book registers and bank statements or the equivalents; (8) electronic transfer records; (9) account reconciliations; and (10) credit-card transaction information. The six-year period for maintaining trust-account related records may not be shortened by an agreement with a client. 4. Other client-related records must be kept six years, unless the client agrees to a shorter period. The July 2016 amendment to Rule 4-1.22 establishes that client-related records must be held for a six-year period, for client files closed after July 1, 2016. Unlike the six-year period for preserving trust-account related records, however, this six-year period may be shortened by agreement. Rule 4-1.22(a) states that, for client engagements that end after July 1, 2016, client files must be retained “six years after completion or termination of the representation absent other agreement between the lawyer and client through informed consent confirmed in writing.” “If the client does not request the file within six years after completion or termination of the representation, the file shall be deemed abandoned by the client and may be destroyed.” Id. Client files from engagements that terminate prior to July 1, 2016, must – consistent with the prior version of Rule 4-1.22 – be kept 10 years, unless the client had agreed otherwise. Id. 5. To shorten the period for retaining client records, the lawyer must obtain “informed consent confirmed in writing.” Rule 4-1.22(a) provides that an “agreement to diverge from this default six-year requirement may be made”

by Michael DowneyDowney Law Group LLC

Eleven Tips for Managing and Protecting Client Records

SEPTEMBER 2016 : 15

for retention of client-related records. To exercise this option for shorter retention, Rule 4-1.22(a) instructs, the lawyer must obtain “informed consent confirmed in writing.” This consent may be obtained “at any point during the six years after completion or termination of the representation.” Also, the writing memorializing consent to destruction must be kept for six years after the representation ends. 6. Records may be kept in electronic format. This six-year period for both trust-account and client-related records may be satisfied by keeping the client file – except items of intrinsic value – in an electronic format, as long as electronic record is “readily accessible” to the lawyer. Rule 4-1.22 requires items of “intrinsic value” to be properly preserved, as explained in more detail in Tip #7 below. Likewise, Rule 4-1.15(f) permits lawyers to keep trust-account related files by electronic means. “Client trust account records may be maintained by electronic, photographic, or other media provided that they otherwise comply with Rules 4-1.145 to 4-1.155 and that printed copies can be produced. These records shall be readily accessible to the lawyer.” Preserving client information electronically is also addressed in Missouri Formal Opinion 127 (2009). 7. Items with intrinsic value should be preserved. Rule 4-1.22 states that items of “intrinsic value” shall not be destroyed. They shall be preserved, or as appropriate turned over to the state as lost property. The Missouri Bar has previously identified original promissory notes, stock certificates, personal property, and valid wills as examples of items with intrinsic value. 8. Pending litigation or an investigation prevents record destruction. Rule 4-1.22(a)-(d) states that a lawyer shall not destroy a client file if the lawyer knows or should know there is a pending malpractice claim, lawyer discipline or criminal investigation, or other litigation related to the file. Rule 4-1.15 lacks a similar warning, but a prudent lawyer would likely hold onto any records relating to a file under investigation or embroiled in litigation, until that investigation or litigation ends. 9. Back up files frequently. Lawyers should also back up client- and trust account-related records

frequently, through an easily accessible backup system. This tip may seem out of place, but frequent backups are often (along with user education) among the best means for avoiding costly ransoms associated with Cryptolocker-type computer viruses. If a lawyer has a recent back-up, the lawyer may use this backup instead of paying a ransom or otherwise trying to unencrypt files encrypted by operation of a Cryptolocker-type virus. 10. Maintain confidentiality when destroying records. Missouri has not yet adopted a version of ABA Model Rule 1.6(c), which requires lawyers to protect client-related information from inadvertent disclosure. Nevertheless, lawyers should take steps to ensure they maintain confidentiality when they are storing and destroying client-related information. Failure to protect confidentiality at any point, including preservation and destruction, may constitute a violation of fiduciary responsibilities, even if such conduct does not (yet) violate an express requirement in Missouri’s legal ethics rules. 11. Dissolving firms should account for client records. Rule 4-1.15(f) directs lawyers to consider preservation of trust account-related records when dissolving a law practice. Rule 4-1.15(f) states:

Upon dissolution of a law firm or of any legal professional corporation, the partners shall make reasonable arrangements for the maintenance of client trust account records. Upon the sale of a law practice, the seller shall make reasonable arrangements for the maintenance of client trust account records.

Rule 4-1.22 lacks a similar mandate regarding the handling of client files when a lawyer firm dissolves. Nevertheless, experience teaches that lawyers should consider establishing resources to address client files should a law firm dissolve or close unexpectedly.

Originally published in the July 2016 St. Louis Lawyer

Michael Downey is a legal ethics lawyer at Downey Law Group LLC. He has taught legal ethics at Washington University and St. Louis University, chaired the ABA Law Practice Division, and testified as an expert witness in proceedings pending in Missouri, Illinois, and Kansas. Reach Michael at 314-961-6644 or mdowney@DowneyLawGroup.com.

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Information is invaluable. Everything you do or say in a case is predicated on information—how much of it do you have, how much more do you need, where can you find it, how can you get ahold of it? Technology plays a role in how effective you are at finding and understanding as much information as possible for your client. You get constant updates about court filings via email, you video or phone conference experts to get their advice, and you comb through internet databases looking for one piece of information that can take your case to the next level. Technology is a tool that attorneys—of any size, no matter the specific practice—use daily to help facilitate positive case results. It’s interesting to note, though, that while most law firms utilize online resources, few use it to its full potential. An ABA webinar, “Ten Tech Trends for 2014: The Legal Benefits and Ethical Risks of the Latest Technology”, analyzed how technology is changing the legal industry and what that means for individual attorneys and their firms.1. SecurityAccording to the TECHREPORT 2013, referenced in the webinar, law firms have weak security. Actually, 25 percent of firms have no security policy at all. For those firms that do have security policies in place, less than 50 percent utilize encryption services. Part of this is due to the “bring your own” mindset that firms have when it comes to personal technology. The concern here is ethics violations. However, the ability to maintain constant access to client files can be critical when in depositions or other necessary conferences. Law firms must have a set security policy in place to allow their attorneys to make their best case for their clients.2. LitigationFederal courts and some state courts have been utilizing electronic filing technology for a while; up to 40 percent of state jurisdictions have made electronic filing mandatory. In Greene County Missouri, attorneys are allowed to file all new cases and documents electronically with the Missouri eFiling portal.

Additionally, while attorneys use laptops and other mobile devices in preparing cases for trial, only 25 percent use laptops for court presentations and only 17 percent have used litigation support software. 3. NetworkingFor attorneys whose clients use smart devices as their primary contact method, it is not enough to just host and maintain a website. First, it must be mobile compatible. Clients must be able to find all the necessary information quickly and easily about a law firm from their smart phone. Second, prospective clients are beginning to change how they judge prospective law firms. With the rise of personal branding, clients are more likely to choose one law firm over another based on individual attorneys. Additionally, clients are now looking for a law firm that will build a relationship with them. Technology is becoming crucial in the legal industry as trends begin to change towards an open, technology-driven justice system. The American Bar Association announced Monday, August 15, 2016 the creation of the Center for Innovation, a department that will, according to ABA President Linda A. Klein, “[close] the access-to-justice gap and [make] the legal system accessible to all people… The Center for Innovation will help bring together the best and most forward-thinking ideas for making our system more efficient and available.” With the industry climate changing in such a definite way, firms must shift their focus from the traditional paper-based processes and begin to embrace the ways in which technology can benefit them and their practice. Technology streamlines the research and filing processes so that firms can concentrate on building the relationships that clients are demanding. It connects firms to prospective clients when and how clients are most receptive, and while security can be a risk factor, when properly addressed, technology provides the necessary tools to manage multiple types and streams of information to better serve clients.

by Amber Throckmorton

Tech Takeover

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EMPLOYMENTLitigation Paralegal: Springfield law firm seeking full-time experienced professional litigation paralegal. Candidates should have strong organizational skills, take initiative, be detailed oriented and have 3+ years of litigation paralegal experience. The successful candidate will be working with a top litigation group that has a diverse civil law practice, both plaintiff and defense, in state and Federal court, and must be dependable and dedicated to provide Firm clients with superior litigation case management. Trial experience a plus. All inquiries will be kept confidential. Complete benefits package. Applicants should email resume to spfldlawfirm1@gmail.com. Litigation ParalegalRansin Injury Law has an immediate opening available for a litigation paralegal with trial experience. Please send your resume to Stephenia@Ransin.com

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Bar to provide residents of the Grant Beach neighborhood with advice and resources giving them the opportunity to resolve conflicts and overcome legal and administrative impediments currently preventing economic security and family stability. This joint project, which is now in its second year, has also been extremely successful. The Foundation’s Mini Law School for the Public was held for the first time last year in the fall. The program was so successful that it will return again this coming fall. It offers

Springfield area residents the opportunity to take advantage of a series of courses on all different aspects of the law. It is based upon the theory that the more citizens know about the law, the easier it is for them to make good decisions about their lives, families, and finances. The Foundation is the public face of the SMBA in Springfield. It has and continues to serve the community and the profession well. We can all be proud of the extremely positive affect that it has had on our community.

Foundation...continued from page 5

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