Charlie Harris, Missouri Bar Association President, picked the conference location this year.

President Charlie Harris chats with Presenter Erin Jones

When lawyers leave their firms or partnerships, sometimes the parties squabble over client files, fiduciary duties, and financial compensation. The parties often forget about the clients' best interests, which further exacerbates lawyers' negative public image. According to Mr. Couch, studies show that the public currently perceives lawyers as being below used car salesmen and above politicians in terms of trustworthiness. The Lawyer-to-Lawyer Dispute Resolution Program provides a confidential process to resolve intra-firm disputes.

Lecture Materials

Ms. Bradley discussed an executor or estate administrator's duties and responsibilities. She explained probate supervision, how to open the estate and admit a Will to probate, and what happens when a personal representative or executor is appointed.

Lecture Materials

Suzanne Bradley Explains Probate

The Missouri Human Rights Act ("MHRA") may be applied to sue individual supervisors, rather than merely companies, for unlawful harassment. Mr. Jones discussed two ways in which this unexpected Missouri Supreme Court holding may help employers. First, supervisors will be more likely to educate themselves and follow company anti-harassment policies if they know they might be individually liable. Second, supervisors fired prior to civil trials will be more likely to cooperate with their company's defense if they are aware of their potential for personal liability.

Mr. Jones also recommended that companies establish confidential "ombuds" (the new, gender-neutral term for 'ombudsmen') to field anonymous harassment complaints. He noted that some courts do not recognize privileges between ombuds and employees; therefore, ombuds subject to discovery may be wary of taking detailed notes of employee complaints.

Erin Jones Delivers Employment Discrimination CLE

Ms. Gilroy examined recent changes in eminent domain law. According to Ms. Gilroy, the legislature did a "good job" in providing for increased homeowner notification. However, the legislature, despite recommendations to the contrary, did nothing to change or clarify the definition of 'blight.' As a consequence, "anything that is 35 years old is blighted." The definition of 'blight' is tied to poor infrastructure; e.g., bad roads, sidewalk upheaval, poor lighting. Ms. Gilroy alleges that cities may allow areas to fall into disrepair so that they may be considered blighted.

A new, "disingenuous" statute bars eminent domain for purely economic reasons. Missouri developers, however, have never admitted to seeking eminent domain for purely economic reasons. They have, instead, always used blight "as a pretext."

Lecture Materials

Some jurisdictions have parent coordinators ("PCs") who can bindingly decide disputes between parents who cannot resolve their differences themselves. This practice, while efficient, may be illegal, because PCs may be taking over judges' roles in deciding parental disputes in court cases.

Mr. Lang also discussed terminological changes in family law. These amendments signify differences in the way practitioners and judges view marriage dissolutions. Even the term 'marriage dissolution' is a friendlier term than the emotionally-laden term 'divorce.' Instead of encouraging the parties to fight for 'primary child custody,' we now presume that the parents will share custody. We discuss custody now as 'sharing time,' rather than 'custody,' in order to "change people's feelings" about the process.

Lecture Materials

The CLE adjourned at 11:00 to allow people time to recreate before attending a welcoming reception. The Reception started at 6:00 p.m., and provided snacks, drinks, and a fun, laid-back atmosphere.

Justice Teitelman after the CLE session

Bar Members Enjoying the Welcoming Reception