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ESQ Weekly Newsletter

October 30, 2009

Supreme Court of Missouri Approves Overdraft Regulation Pursuant to Rule 4-1.15
Missouri Becomes 40th State with Trust Account Overdraft Notification Requirements
CalendarThe Supreme Court of Missouri this week approved the Advisory Committee overdraft regulation called for in the Court’s recently adopted amendment to Rule 4-1.15. The new trust account rules and regulations go into effect on January 1. (Order Approving Regulation) (Order Amending Rule and Comments) (QuickRead Version)

Study Finds: Missouri’s Public Defender System Overwhelmed, Warns That System Offers the Public the Dangerous Illusion of a Lawyer
A new study released last week concluded that the MSPD is confronting an overwhelming caseload crisis, one of the worst of its kind in the nation - a crisis so serious that it has pushed Missouri’s entire criminal justice system to the brink of collapse. “The severity of this crisis has been forecasted for years, by those closest to it, but next to nothing has been done. And now the situation is as urgent as it is dire.” (Assessment of MSPD – Final Report)



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 20 hand downs pertaining to:  

administrative appellate civil commerce
criminal evidence family insurance
personal injury real estate    

(All Cases)

Order Dated October 29, 2009
Re: Approval of Overdraft Regulation pursuant to Rule 4-1.15
(Order and Regulation - 5 pages)


News for Missouri Lawyers
ABA Applauds Injunction, Summary Judgment in Red Flags Suit
The ABA this week applauded the U.S. District Court decision holding that the FTC interpretation of the Fair and Accurate Credit Transactions Act over-reaches and its application to lawyers is unreasonable. (More)

ESQ. Soundbyte
Skip WaltherMissouri Bar President H.A. “Skip” Walther Encourages Lawyers to Vote in Current Appellate and Circuit Judicial Commission Elections

(Soundbyte - 2.73 MB, 0:52 min.) (Archives) (Give Us Your Soundbyte Suggestions)

News at the Bar
Appellate and Circuit Judicial Commission Elections Enter Final Week
Lawyers Have Until Next Friday, November 6 to Vote
Lawyers who reside in Missouri’s Western Appellate District and the 21st Judicial Circuit have only one more week to cast a vote to elect the lawyer members on their respective appellate and circuit judicial commissions. The deadline to cast a ballot is November 6. (Vote Online Now) (Candidate Information - Western District, 21st Circuit) (Non-Partisan Court Plan Details)

Missouri Auditor Susan Montee Speaking at Fall Committee Meeting Luncheon
Susan MonteeMissouri’s State Auditor and lawyer Susan Montee will be the featured speaker at the complimentary luncheon for lawyers attending the Missouri Bar Fall Committee Meetings. More than 30 committees and sections will convene (many offering free CLE) at the Capital Plaza Hotel in Jefferson City on November 20. (More)

GAO Puts Blame on US News Rankings for High Law School Tuition
Concerns Raised About Economic Barriers to Diversity in Profession

Law school officials told the GAO that competition to increase their U.S. News and World Report rankings and the move to a more hands-on, resource-intensive approach to legal education account for the steady rise in law school tuition during the last 15 years. ABA accreditation standards play a limited role in the high cost to enter the profession. (GAO Summary) (GAO Full Report) (ABA President’s Statement)

2009 Missouri Bar Economic Survey Released
The 2009 Missouri Bar Economic Survey report was released this week. The survey, conducted biannually, offers a financial data snapshot from a sample of law firms from around the state. How does your practice compare? (View Results)  

Mark Your Calendar for the Fall Committee Meetings on November 20
Fall 2009No Registration Fee, Free CLE Offerings, Complimentary Lunch
Mark your calendars to attend the Fall Committee Meetings. You don't have to be a committee member to attend any meeting or CLE program. (Committees/Sections Scheduled to Meet) (Fall Committee Meetings)

Tax help links
New IRS Video Series Helps Exempt Organizations and Their Tax Advisers Understand Redesigned Form 990 Requirements
The Form 990 series, redesigned for the first time in nearly 30 years, requires more disclosure and transparency by exempt organizations. The IRS has launched a new case study and video program to help exempt organizations and their tax preparers better understand the newly revised form series which must be filed for the 2008 tax year. (More)  

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
Attorney Judges Needed for MU Law Regional Arbitration Competition
The MU School of Law Board of Advocates (BOA) seeks attorney judges for the organization’s regional arbitration competition, November 21-22. Lawyers with arbitration experience are particularly needed, but attorneys with experience in other areas are also welcome. (Details/Contact Information)

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
Courts Offer Jurors Help After Traumatic Cases
Source: The Third Branch
JuryChief Judge Joseph Bataillon, of the U.S. District Court for the District of Nebraska, did more than just thank jurors after their verdict in a gruesome child pornography trial earlier this year. He extended their jury service long enough so that any one of them who wanted to could receive professional counseling. (More)

The Missouri Bar Jobs for Missouri Lawyers
Search full or part-time employment listings - 32
Search contract opportunities - 6
Search office space/office sharing - 19

Submit Openings

  • full or part-time employment
  • contract opportunity
  • office space/office sharing


    Non-Partisan Court Plan Judicial Vacancy News & Information
    • Appellate Judicial Commission Electronic Election Underway in Missouri Court of Appeals, Western District
    • Circuit Judicial Commission Election Underway in the 21st Judicial Circuit
    • Current Vacancies
    (Latest Details)

    More Information on the Missouri Nonpartisan Court Plan

    Letters to the Editor
    Submit Letters to the Editor

    Resource Reminder – available only through The Missouri Bar
    Display Free Missouri Bar Legal Brochures in Your Office, and Link Tech Savvy Clients to MoBar’s “Law in Your Life” Podcast Archives
    Make Missouri Bar educational/informational brochures available to your clients. More than 50 types of brochures are available to Missouri lawyers at no charge. And help your tech savvy clients better understand the law by putting a link to the "Law in Your Life" podcast archive on your website. (View Available Brochures) (Listen to Podcasts for Public)

    MoBarCLE Resources

    Spotlight on an Upcoming MoBarCLE Program

    Labor & Employment Law Symposium Offered November 6, Columbia
    Whether you represent employers or employees, there is no better way to gain the most comprehensive information on the full range of crucial workplace issues to keep your practice up-to-date. Every important new development in this area will be covered. You won’t find a better labor and employment law learning experience...and networking, too! (More)

    Next week's MoBarCLE programs

    Program Day Date Time Format
    SCHIP Happens and Other Personal Injury Settlement Headaches Tues. Nov. 3 8:30 am - 12 pm Live Seminar
    Tax and Non-Tax Aspects of LLC Liquidation Tues. Nov. 3 12 noon - 1 pm Telephone Seminar
    Dealing with Ethical Issues in Your Practice, Part II: Malpractice Considerations in a Law Office Wed. Nov. 4 12 noon - 2:30 pm Audio Replay Telephone Seminar
    2009 Annual Law Update Thurs. Nov. 5 7:40 am - 5:20 pm Video Replay
    Keeping Your Law Practice on Track, Part III: IOLTA and Trust Accounting Thurs. Nov. 5 12 noon - 1:30 pm Webinar
    6-hour Guardian ad Litem Training Fri. Nov. 6 9 am - 3:20 pm Video Replay
    The Labor & Employment Law Symposium Fri. Nov. 6 9 am - 5 pm Live Seminar
    Negotiation Ethics: What You Can Say and Can't Fri. Nov. 6 12 noon - 1 pm Audio Replay Telephone Seminar

    View CLE Calendar
    MoBarCLE Seminars Online

    MoBarCLE must-read course notes
    2009 Family Law Update presented by Susan S. Jensen, Pratt, Fossard, Jensen & Masters, LLC  (15 pages). Originally presented at the 9th Annual Family Law Conference on August 8, 2009.

    MoBarCLE publications for your library
    Taxation Law and Practice (4th ed. 2009)
    View Excerpt from Chapter 3 - "Inheritance and Estate Taxation" (PDF format - 7 pages)
    Purchase this MoBarCLE Publication Online

    MoBarCLE Deskbooks Are Available Electronically through Fastcase, LexisNexis and Loislaw

    www.fastcase.com
    info@fastcase.com
    (703) 740-5920
    www.lexisnexis.com
    e-mail notification form at www.lexisnexis.com
    (800) 227-4908

    www.loislaw.com
    info@loislaw.com

    (800) 364-2512

    In Memoriam
    September 2009

    Services provided to members by The Missouri Bar

    Substantive law:
    Courts Bulletin ESQ. Fastcase
    Journal of The Missouri Bar Legislative Digest MoBarCLE Programs
    MoBarCLE Publications
    Practice management and development:
    ClientKeeper Durable Power of Attorney Fastcase
    Fee Dispute Resolution Program Law in Your Life Podcasts Law Practice Management Assistance
    Law Practice Management Lending Library Lawyer Referral Service LawyerSearch
    Lawyer to Lawyer Dispute Resolution Program Legal Links Legislative Activities
    MCLE Missouri Case Law Summaries MoBarNet
    Precedent Professional Liability Insurance from The Bar Plan Public Information Brochures
    Sample Fee Agreements  
    Career and personal development:
    Bar Meetings/Conferences Committee Membership Law-Related Education
    Lawyer Placement Service Leadership Academy Mentoring Program
    Missouri Bar Foundation Missouri Lawyers’ Assistance Program (MOLAP) Pro Bono Services
    Young Lawyers' Section Vacation and Travel  
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