July 17 2009

1. Minutes:

Minutes from the Board of Governors’ May 8, 2009, meeting and Executive Committee meetings of May 8 and May 20, 2009, were reviewed and approved. The May 8 minutes were revised to accurately reflect Governor Halliburton’s report from the Delivery of Legal Services Committee.

2. Finances:

Mr. Bergmanis reviewed the 2008 audit report and indicated that no problems were identified by our auditors in our accounting practices and procedures. Mr. Bergmanis summarized the financial status of The Missouri Bar year to date and recommended that a depository agreement with Central Bank be executed. The Board of Governors approved the execution of that depository agreement (see attached). Mr. Bergmanis, on behalf of the Finance Committee, also recommended the approval of the Annual Meeting budget. The Board approved that budget.

3. Legislation:

Ms. Barrie reviewed various actions in the 2008 Missouri General Assembly relative to legislative issues of interest to The Missouri Bar.

4. Committee Reports:

A. Leadership Academy

Mr. Ortbals reviewed the purposes for the manner in which the Leadership

Academy functions and then introduced each member of this year’s class who

identified his/her particular area of interest in assisting with the work of The

Missouri Bar.

B. Client Security Fund Committee

Mr. Janku and Ms. Zerrer reviewed the various recommendations for the

payment/denial of various claims. The Board of Governors approved the

Committee’s recommendations (see attached). Ms. Zerrer also reviewed

a matter of interest to the Client Security Fund Committee regarding

notification of clients when settlement checks are issued. The Board of

Governors had previously considered approving this matter and declined

to consider it. There was a motion made, seconded and approved to

ask the Committee to consider the feasibility of such a notification rule

to clients in Missouri and to report back with its findings and recommendations

to the Board of Governors.

C. Special Committee to Assist Lawyers in a Changing Economy

Ms. Vogel reported on the continuing implementation of MoBar Circle and

that approximately 1,400 bar members had registered and are participating

in various circles. Ms. Vogel also reported that the CLE Committee would

be recommending revisions to their policies regarding scholarships for

economically challenged members attending Missouri Bar CLE programs, and

this was a matter that the Changing Economy Committee had asked the

CLE Committee to review. Ms. Vogel also reviewed The Missouri Bar’s

web page designed to assist lawyers impacted by the changing economy

with the various programs and activities listed there intended to be of

assistance.

D. Proposed CLE Hardship Policy and Revision to Senior Counselor Policy

Ms. Dee Shepherd, Director of CLE Programs, reviewed the CLE Committee’s

recommendations regarding this policy. The Board of Governors approved

the Committee’s recommendations.

E. Special Committee on the MCLE Ethics Requirement

Mr. Wulff reported the Committee’s findings and recommendations and

moved the adoption of an annual two-hour ethics/professionalism

requirement as part of the annual MCLE requirement. Following

discussion, the Board of Governors approved the Committee’s

recommendations. The following Board members asked to be

recorded as voting “no” - Neil Maune, Bill Lasley, Paul Henry

and Allan Seidel.

F. Special Committee on Lawyer Advertising

Mr. Levison summarized the background of the current Committee’s

review and recommendations. Mr. Levison indicated that he would

present the Committee’s recommendations in four groups as follows:

(1) The Committee recommended “the Bar should conduct a

public outreach campaign to educate the public about

lawyer advertising and picking lawyers. Part of the message

of this campaign should include the fact that citizens need

to know their rights, and that lawyer advertising can provide

that important function. The information campaign should

also inform the public of various means to select lawyers.”

It was moved and seconded that recommendation #1 be adopted.

In discussion, Mr. Birkes indicated that, annually, The Missouri

Bar prepares a public information plan, which includes

substantial input from the officers of The Missouri Bar and

takes into account all ongoing projects and activities of the

bar. That annual public information plan is then submitted

to the Board of Governors for its review and approval. The

Board of Governors adopted recommendation #1.

(2) Recommendation #2 is “the Bar should take a more active

effort in educating its lawyers concerning the rules and

responsibilities governing lawyer advertising, as updated in

2006 and 2010 (if applicable), and should endeavor to

enhance professionalism through lawyer advertising. Further,

CLE’s are suggested, as well as Bar articles and enhanced

leadership in this area from the officers of The Missouri Bar.”

Recommendation #2 was moved for adoption and was seconded.

Mr. Birkes indicated response to questions that various committees,

officers and directors have discretion over educational programs,

articles, etc. Specifically, The Missouri Bar’s Legal Education

Committee, with input from staff directors, the various MoBarCLE

programs and materials that are produced each year. Various

articles for the Journal of The Missouri Bar are reviewed and

determined to be appropriate by the Bar Journal editorial

committee. Bar officers determine, consistent with Bar policy

and developing priorities, the issues they would like to focus

on with the Bar membership and the public at large. The

motion passed.

(3) Recommendation #4 in the Committee’s report suggested several

alternatives which might allow enhanced enforcement of the

advertising rules. A motion was made that The Missouri Bar

convey by letter to the Chief Disciplinary Counsel our desire

that the advertising rules, along with all rules of professional

conduct, be enforced as vigorously and efficiently as possible.

The motion was seconded and approved.

Mr. Levison then presented the various substantive changes to the

lawyer advertising rules and reviewed them in depth with the members

of the Board of Governors. Many questions were asked and information

was provided regarding the reasons for and the impact of the proposed

rules. It was moved and seconded that the rules be adopted. The

motion failed by a vote of 27 to 15.

Following the defeat of the proposed substantive changes, there was

discussion that some of the individual proposals contained in the

Committee’s recommendation might deserve further consideration by

the Board of Governors. Mr. Burke indicated that the Board would be

asked to indicate what, if any, individual parts of the proposal they

would like to reconsider in September.

G. Young Lawyers Section Council

Mr. Gunn reviewed the various programs and activities the Young

Lawyers Section Council has pursued to date during the year. Mr.

Gunn also indicated that the YLS Executive Council was meeting

with the Board of Governors and that it would be meeting later in

the day with the Board’s Executive Committee to discuss various

projects and activities.

5. Appointments:

A. Current Appointments:

(1) Greene County Judicial Performance Evaluation Committee

Appointments

The attached recommendations from Greene County were

approved for appointment to the new Greene County judicial

performance evaluation committee.

B. September Appointments

It was noted that Mr. John Ruth’s first term as a Trustee of The Missouri

Bar would be expiring in September and that he is eligible for

reappointment.

6. Officers Report:

A. Chief Justice William Ray Price

Because Chief Justice Price was in attendance, he was asked to offer

comments to the Board of Governors of The Missouri Bar. Chief Justice

Price complimented the Board of Governors on their attention to the

needs of the legal profession in Missouri and the comprehensive programs

and activities we provide to our members. Judge Price reviewed

the potentially dire financial condition of the State of Missouri and the

judicial branch of government, as well as the continuing threats to the

Missouri Non-Partisan Court Plan. Judge Price asked the Board of Governors

to redouble its outstanding efforts in this regard to assist the judiciary,

legal profession and the people of Missouri.

B. President’s Report

Mr. Burke reviewed a variety of matters, including the very successful law

school for the public, which has been presented in St. Louis over the past year.

Additionally, Mr. Burke reviewed the various local bars and other gatherings

where he has represented The Missouri Bar during the last several months.

C. President-Elect’s Report

Mr. Walther indicated that his recommendation, with the Executive Committee’s endorsement, is to not have the January meeting of the Board of Governors held outside of the State of Missouri this year because of the numerous pressing issues the Board of Governors has to consider this year. Specifically, the continuing threats to the independence and financial well- being of the judicial branch, as well as the need to develop a new long range plan for The Missouri Bar, as the Board proceeds to consider the process by which a new executive director will be hired. Mr. Birkes has indicated his plans to retire at the end of 2012. Following discussion, during which it was indicated that a midyear seminar would not be possible outside of Missouri if the Board of Governors was not meeting in conjunction with it, the Board approved Mr. Walther’s recommendation that the January meeting of the Board be held in Missouri and that the Midyear Seminar not be organized in 2010.

D. Vice-President’s Report

Mr. Johnston indicated that he was developing plans for his year as president

of The Missouri Bar and would discuss those plans with the Board over the

next year.

E. Executive Director’s Report

Mr. Birkes reviewed various staff reports and indicated that Mr. Eric Wilson

had been hired to assist The Missouri Bar with its legislative and Young

Lawyers Section activities. Mr. Birkes also reviewed the Board of Governors

election process and indicated that the results would be available August 17.

There being no further business, the meeting was adjourned.

Respectfully submitted,

_____________________________________

Keith A. Birkes, Secretary