Board Minutes

September 11, 2002
Westin Crown Center Hotel, Kansas City

Members Present:
Theresa L. F. Levings, President Dale C. Doerhoff, President-Elect
William M. Corrigan, Jr., Vice-President John W. Briscoe, Past President
Keith A. Birkes, Secretary

C. Ronald Baird Erik Bergmanis Richard N. Bien
Joseph C. Blanton, Jr. Richard Bresnahan Thomas M. Burke Scott Campbell Thomas J. Casey Richard J. Collins Douglas A. Copeland John Cowherd
Cathy J. Dean
Carol Chazen Friedman Tracy Hunsaker Gilroy Mike Greenwell Richard F. Halliburton Charlie J. Harris DonM.Henry
Bruce F. Hilton Vincent F. Igoe, Jr. John S. Johnston George E. Kapke Thomas M. Lang Mark H. Levison Karen R. McCarthy Max E. Mitchell Jack Peace
Hon. Daniel Pelikan John A. Ruth
Daniel J. Ryan Wallace Squibb Richard G. Steele Thomas R. Summers
F. Dianne Taylor
H.A. Skip Walther
Joe B. Whisler

Members Absent: Timothy M. McDuffey Hon. Richard B. Teitelman

Also Present:
Hon. Michael Wolff Maridee Edwards David   Neiers James Selle
James Boggs Paul Otto Doreen Dodson
Jennifer Gille Bacon Hon. John Kintz Daniel Raniere Chad Gaddie
P. John Brady
Dean R. Lawrence Dessem Millie Aulbur
Catherine Barrie Cecil Caulkins Carla Counsil Wayne Greer Jim Howard Kent Hopper ChrisJanku DanLehmen
Linda Oligschlaeger Delores Shepherd Robert Stoeckl
Gary Toohey Jack Wax

1. Minutes:

It was moved and seconded that the minutes of the meetings of the Board of Governors of July 26 and of the Executive Committee of July 25 be approved. The motion was approved.

2. Finance Committee Report:

Mr. Burke reported that the Bar is in good financial condition and that income and expenditures are as they should be. No action was taken.

3. Disciplinary Counsel Fee:

Judge Wolff explained that the 2003 dues statement will include a $7.00 increase allocated to the Office of Chief Disciplinary Counsel. The additional amount will be used to fund an Ethics Counsel, with staff support. The Ethics Counsel will be charged with writing the Informal Advisory Opinions regularly issued by OCDC. The idea is to separate the opinion function from the prosecutorial function. Ms. Edwards further explained how the office was expected to function with the additional staff. One further goal is to resume the issuance of Formal Advisory Opinions. There was considerable discussion of the fee increase, including concerns that the purpose of the increase be publicized to Bar members.

4. Legislation:

A. 2003-02, Subpoenas in Administrative Law Cases (Administrative Law Committee).

Paul Otto explained that the purpose of the amendment to §536.077 of the Administrative Procedure Review Act was to resolve a problem related to the enforceability of subpoenas in contested proceedings. It was moved and seconded that the legislative proposal was in scope. The motion was approved by two-thirds of the Board members present and voting. It was then moved and seconded that the proposal be approved for filing. The motion was approved by two-thirds of the Board members present and voting.

B. 2003-03, Fees and Mileage Reimbursement for Witnesses (Civil Practice
& Procedure Committee).

Jim Boggs explained that the purpose of the proposal was to deal with a legislative problem that purported to delegate to the Supreme Court of

Missouri the task of setting daily witness fees and mileage reimbursement, a matter the Court has concluded it cannot do. The proposal sets a per diem of $25.00 and permits reimbursement for mileage as provided in
§33.095, RSMo. It was moved and seconded that the legislative proposal was in scope. The motion was approved by two-thirds of the Board members present and voting. It was then moved and seconded that the proposal be approved for filing. The motion was approved by two-thirds of the Board members present and voting.

C. 2003-04, Uniform Electronic Transactions Act (Business Law Committee).
Jim Selle explained that UETA has been approved by the ABA and forty states. The proposal would enact this uniform legislation in Missouri. It was moved and seconded that the legislative proposal was in scope. The motion was approved by two-thirds of the Board members present and voting. It was then moved and seconded that the proposal be approved for filing. The motion was approved by two-thirds of the Board members present and voting.

5. ABA Issues:

Ms. Levings explained that Ms. Dodson has been retained as a Missouri Bar member of the ABA delegates to give her sufficient time to go through the chairs in the House of Delegates. The Board long ago concluded that this would be helpful to Missouri lawyers. Ms. Dodson discussed the makeup of the House of Delegates and pointed out the influence that The Missouri Bar has had on major issues, particularly Multidisciplinary Practice and Multijurisdictional Practice.

6. Legal Services Reorganization:

Ms. Bacon explained that the Legal Services Corporation has asked Missouri to look at centralizing legal services offices. As a step towards accomplishing this goal, the Statewide Legal Services Commission was created, chaired by Ron Mitchell. The Legal Services Corporation has further proposed that the Mid-Missouri Legal Services program be eliminated and that the administration of legal services in that area be assumed by another office. The current plan is to merge the counties served by Mid­ Missouri into the Southwest Missouri Legal Services program. This would be part of a statewide planning initiative. The Statewide Commission hopes to have a report for the November Board meeting.

7. Appointments:

A. Client Security Fund.

Ms. Levings explained that Angela Bennett's term as a member of the Client Security Fund Committee is ending, and she is not eligible for reappointment. It was moved and seconded that Dana Tippin Cutler of Kansas City be appointed to fill the vacancy. The motion was approved.

B. Trustees of The Missouri Bar.

Ms. Levings explained that Terrence Good's second term on the Trustees is expiring, and he is not eligible for reappointment. It was moved and seconded that Countess Price of St. Louis be appointed to fill the vacancy. The motion was approved.

8. Committee Reports:

A. Committee Reports With Recommendations.

(1) Property Law Committee.

David Neiers reported for the Property Law Committee on its interest in working with the Missouri Association of Realtors on standard statewide real estate form. The Committee also hopes that the Bar will consider joint continuing education efforts with the Missouri Association of Realtors. No action was taken.

(2) Fee Dispute Resolution Committee.

Linda Oligschlaeger reported that the Fee Dispute Resolution Committee has revised the Lawyers' Fees brochure, which is currently a part of the Client Resource Packet. It was moved and seconded that the revised brochure be approved for publication. The motion was approved.

(3) Complaint Resolution Program Volunteers.

Erik Bergmanis reported that an increase in the number of complaints filed with OCDC demonstrates a need for additional volunteer panel members to serve as mediators. Mr. Bergamanis reported that all the lawyers listed on a memo provided to the

Board have been cleared by OCDC. It was moved  and  seconded that the additional volunteers be approved, subject to completion of training and orientation. The motion was approved.

B. Committee Reports Without Recommendations.

Reports were also received from  the  following  committees: Administrative Law, Alternative Dispute Resolution, Construction Law, Delivery of Legal Services, Division of Judicial Administration, Editorial Board, Energy and Environmental Law, Family Law, International Law, Lawyers' Assistance, Legislative, Legal Education, Local  Government Law, Media Law, Mentoring Oversight, Technology Law, and Workers' Compensation.

9. Officers' Reports:

A. Executive Director's Report.

Mr. Birkes reported that the public information plan for the 2002-03 Bar year was coming along and would be in final form soon. The Annual Meeting has done very well. With late registrations, this meeting should at least hold its own with the last Kansas City meeting, a good result considering the decline nationwide in the numbers of attendees at state bar annual meetings.

B. Vice-President's Report.

Mr. Corrigan reported that there will be a Board retreat in connection with the July meeting of  the Board at  Big Cedar Lodge. In order to minimize the expense to the Bar, the retreat will be held Saturday morning and will conclude  by noon. That will permit members and  their families to enjoy the amenities of the Lodge, socialize at the Friday night dinner, and still check out by noon on Saturday. Mr. Corrigan will appoint a retreat committee.

Mr. Corrigan further reported that a Lewis & Clark Committee has been appointed to coordinate statewide the various plans related to the celebration in 2004 of the bicentennial of the expedition. Mr. Corrigan will be working with Board members on plans for Missouri Bar involvement.

C. President-Elect's Report.

Mr. Doerhoff reported that the status of the Bar is good and that plans for the new Bar year are coming along well. He acknowledged the efforts of the Bar staff in making the organization operate smoothly. He also expressed gratitude to the Supreme Court for their cordial relationship with our Bar, noting the problems in states like California and Texas where involvement of the legislature has not helped the efforts of the organized bar.

D. President's Report.

(1) Recent Media Contacts.

Ms. Levings directed the attention of members to information furnished with the agenda material.s.

(2) Status of Our Electronic Newsletter, ESQ.

Ms. Levings noted that ESQ. has been very well-received by our members. The publication has maintained its focus on providing a small piece of helpful coverage, with links to a "big picture" story every week, case law summaries with links to cases, news about our members, and other items of interest.

(3) New Annual Meeting Format.

Ms. Levings noted that one change in this year's Annual Meeting is that the meeting exactly overlays the Annual Judicial Conference, so that judges and lawyers will be meeting at the same time and will thus have greater opportunities for meetings and talking informally. The planning efforts involved suggest that the Annual Meeting Planning Committee should be a standing committee. It was moved and seconded that a standing Annual  Meeting Planning Committee be created. The motion was approved.

(4) Professionalism Activities at State Trial Judges' College and Professionalism Vignettes.

Ms. Levings reported that Judge Webber had been involved, on behalf of the Professionalism Committee, in the State Trial Judges' College this year. Part of this activity includes videotaped vignettes on professionalism written by Judge Webber and videotaped for use by judges or by MoBarCLE or other CLE providers.

(5) Institutional Advertisements.

Ms. Levings explained that new institutional television ads had been developed. Jack Wax played a videotape of the ads and explained when they would be shown.

(6) Acknowledgment of Retiring Board Members.

Ms. Levings presented recognition plaques to Judge Teitelman, Ms.
Gilroy, and Messrs. Briscoe, McDuffey, and Summers.

(7) Acknowledgment of Special Contributions by Board Members.

Ms. Levings presented plaques acknowledging special contributions to Messrs. Blanton, Casey, Copeland, Greenwell, and Johnston.

10. Other Business:

Mr. Doerhoff presented Ms. Levings with a gift from members of the Board honoring her for her year of service.

There being no further business, the meeting was adjourned.

Respectfully submitted,

Keith A. Birkes, Secretary