1. Art and Diseño

J a n u a r y 2 0 1 5 | Vo l u m e 5 3
WE GIVE
E
H
T
O
T
BACK
Y
T
I
N
U
M
COM
N
I
A
G
A
E
ONC
WITH
The Official Publication of The Bar Association of Metr opolitan St. Louis
TABLE of CONTENTS
BOARD of GOVERNORS & STAFF
4 President’s Message
Joseph A. Frank
President
Joseph A. Frank
ABA Delegate
Joan M. Swartz
CLE Chair
Michael D. Cole
5Ethics
President-Elect
Seth A. Albin
6 The quality of justice is up to us!
Susan Block
Vice-President
Eric G. Kukowski
YLD Co-Chairs
Michael J. Hart and Anne-Marie
Brockland
Presidential Liaisons
Richard E. Banks
Nicole Colbert-Botchway
Section Chairs
David L. Orwick, Business
Law; Anthony J. Muhlenkamp,
Criminal Law; Mary V. Khouri,
Employee Benefits; Cynthia
Smuda, Family & Juvenile Law;
Kurt J. Schafers and Douglas
D. Churovich, Federal Litigation
& Practice; Matthew J. Gierse,
Labor & Employment Law;
Jessica M. Mendez, Minorities
in the Legal Profession; Paul
D. Tietz, Patent, Trademark &
Copyright; Debbie J. Smiley,
Probate & Trust; David T. Cox,
Solo & Small Firm Practitioners;
Sara G. Neill, Taxation; Ian C.
Simmons, Trial; and Jennifer A.
Visintine, Women in the Legal
Profession
Executive Director
Zoe W. Linza
Michael Downey
8 Ethical hackers: Thinking like criminals but wearing the white hats.
Gail Appleson
9 In Memoriam, Hon. Michael Calvin
10 His Honor's Palate
Hon. Richard B. Teitelman
11 Cover Story
Chuck Ramsay
14 A Closer Look
Young Lawyers Division
15 Hearsay!
Secretary
Jennifer L. Schwendemann
Treasurer
Amy Collignon Gunn
Immediate Past President
Jon M. Baris
Members-at-Large
Dawn M. Besserman, Kristine H.
Bridges, Kerry C. Feld, John J.
Fischesser II, Annette P. Heller,
Carolyn M. Husmann, Matthew
B. Leppert, Jason M. Sengheiser,
Scott A. Smith, and David R.
Truman
16 New Age lawyers: changing the game
David Gregory
18 People & Places
Who's doing what and where?
20 Levison Group
Traveling with the law of averages
21 Legal Job Placement Listings
22 Classified Ads
Editorial Board
Editor-In-Chief
Charles A. Weiss
Board of Editors
Lisa A. Herder, Dawn M. Johnson
Executive Editor
Zoe W. Linza
Managing Editor
Chuck Ramsay,
[email protected]
Advertising Sales
Jennifer Macke,
[email protected]
THIS MONTH'S COVER
Making a child's holiday more joyful and exciting is the goal of Motion for Kids.
This year's event was a huge success, and like all that came before, children from
families impacted by the justice system came away with memories of a day of
fun, adventure and a little something for under the tree! Cover photo by Chuck
Ramsay.
UPCOMING BAMSL SIGNATURE EVENTS
January FREE CLE - Family Law presented by Susan Ward
Legal Support Committee social event with St. Louis Paralegal Association
Judicial Retirement Dinner
SUSTAINING MEMBER ROSTER
Cynthia L. Albin,
Seth A. Albin,
Susan L.
Amato, Brent
W. Baldwin,
Doris J. Banta,
Jon Baris, Melissa Z. Baris,
Bartholomew J. Baumstark, William
R. Bay, Mark J. Becker, Jill S. Bollwerk,
Kristine H. Bridges, Anne-Marie Brockland,
Daniel James Brown, Eugene K. Buckley,
Sarah M. Bueltmann, Jeffrey J. Bunten,
Thomas M. Burke, Joseph C. Carr, Nicole
Jean Colbert-Botchway, Michael D. Cole,
James S. Collins, David E. Crawford, Albert
Crump, Daniel DeFeo, Paul M. Denk, Henry
34th Annual Corporate Counsel Institute
M. DeWoskin, Peter C. Drummond, Jeanne
Elliott, Chris Faiella, Kerry C. Feld, Peter
P. Fiore, Walter Floyd, Joseph A. Frank,
Genevieve M. Frank, James P. Gamble, Susan
Gentle, Jill M. Gilbert, John H. Goffstein,
Maurice B. Graham, Elizabeth Danielle
Grant, Amy Collignon Gunn, S. Todd Hamby,
R. Dwight Hardin, Heather J. Hays, James
M. Hoffmann, Mandy J. Kamykowski, Marc
S. Kramer, Eric Kukowski, Hon. William
E. Kumpe, Kevin M. Leahy, Martin M.
Lipsitz, Hon. Arthur Litz, Lionel L. Lucchesi,
Murry A. Marks, John F. McCartney, Garry
McCubbin, James E. McDaniel, William A.
McDowell, John S. Meyer, Rita J. Mohr,
Andrew A. O'Brien, Julia McPhee Pahlow,
January 22
February 10
March 5
April 29
Ted L. Perryman, Carl C. Polster, Robert
L. Proost, Daniel T. Rabbitt, John C. Rasp,
Chris Ratcliff, Canice Timothy Rice, Stephen
Henry Ringkamp, Alexander B. Roodman,
Hon. Mary R. Russell, Norah J. Ryan, Hon
J. Brendan Ryan, Donald J. Sher, John G.
Simon Shulamith Simon, Mary E. Simon,
Scott Anthony Smith, Mary Beth P. Soffer,
G. Michael Stewart, Thomas P. Sweeney,
Erwin O. Switzer, Phillip A. Tatlow, Kenneth
F. Teasdale, Hon. Richard B. Teitelman,
David R. Truman, Hon. Lisa S. Van Amburg,
Paul N. Venker, Kenneth K. Vuylsteke, Hon.
E. Richard Webber, Charles A. Werner and
William Wyne.
The St. Louis Lawyer (ISSN #08935971) (USPS #002031) is owned and published monthly by The Bar Association of Metropolitan St. Louis (BAMSL), a nonprofit organization located at 555
Washington Avenue, Suite 100, St. Louis, MO 63101-1249, (314) 421-4134. Periodicals postage is paid at St. Louis, MO 63155.
Postmaster: Send address changes to the ST. LOUIS LAWYER, c/o The Bar Association of Metropolitan St. Louis (BAMSL), 555 Washington Avenue, Suite 100, St. Louis, MO 63101-1249. No material
may be reproduced in any form or by any means without express written permission from the publisher. Direct advertising inquiries to Jennifer Macke, 555 Washington Avenue, Suite 100, St. Louis,
Missouri, 63101. Direct editorial news, subscription information or questions to Chuck Ramsay at the above address or [email protected].
The views and opinions expressed in St. Louis Lawyer magazine are those of the authors and do not necessarily reflect the policy or position of the Bar Association of Metropolitan St. Louis, the St.
Louis Bar Foundation, or BAMSL’s Board of Governors. Acceptance of advertising and new product information does not imply endorsement of products advertised or listed nor statements concerning
them. Copyright 2014 by The Bar Association of Metropolitan St. Louis.
January 2015
3
President's Column
Remembering the fairness of
Hon. Michael B. Calvin
As I write this column, 2014 is coming
to a close. A lot has happened in the past
12 months. For the past seven months I
have been so proud
to be the President of
this great Association.
Each month I get to
write a column in this
publication to share
with you my thoughts
and observations
about this great
profession. I have
by Joseph A. Frank,
frequently spoken of
BAMSL President;
my appreciation for
Owner, The Law
being able to practice
Offices of Joseph A.
law in this great
Frank LLC
community. There is
nowhere else that I would rather practice
law than here in St. Louis. We enjoy such
great collegiality and camaraderie that is
unlike many other metropolitan areas.
This past month I was greatly saddened
to hear about the passing of Judge Michael
Calvin. Judge Calvin had a huge impact
on my career and his passing has affected
so many in our legal community. As a
judge, Judge Calvin exemplified all of
the qualities we want in our jurists. Judge
Calvin had great patience and respect for
the attorneys and litigants who appeared
in his court. Many lawyers have shared
their experiences with me appearing before
Judge Calvin in Division 1 and in his trial
division. Trial lawyers often say that all
they want from a trial judge is someone
who will give them a fair shot and let the
lawyers try the case. Every lawyer I have
spoken to has agreed that Judge Calvin was
that kind of judge.
My first experience appearing before
Judge Calvin was in 1998. I was involved
in a big personal injury case involving the
death of two workers and the very serious
injury to a third man as a result of a fire
in an elevator. The cases of the families of
the two deceased workers and the case of
the injured worker had been consolidated
for trial. There were many attorneys in the
courtroom representing the plaintiffs and
4
the numerous defendants. The issues in the
case were very hotly contested. From day
one of the trial, I was so impressed with the
way Judge Calvin ran his courtroom and
managed the trial.
I know I speak for all of the
attorneys involved in that trial when I say
that Judge Calvin was the perfect judge to
be assigned to try the case. An example of
his patience occurred one morning during
trial when, during the questioning of a
witness, my cell phone began to ring in my
trial case. In 1998, cell phones were not
as pervasive as they are today and I had
forgotten to turn the ringer off before the
trial resumed that morning. As the phone
rang I was mortified. Knowing that it
would stop ringing after the fourth ring,
I planned to ignore the disruption and
then discreetly silence the phone under
the counsel table. Judge Calvin, upon
hearing the
phone ringing,
stopped the
proceedings
and said:
“I don’t do cell phones
in my court.” I looked
around pretending that
I did not know who the offender was.
However, my cover was blown by my cocounsel when he blurted: “Joe, your phone
is ringing.” I had been exposed as the
offender.
At the next recess I fully expected to
be dressed down by Judge Calvin for my
carelessness. Instead, Judge Calvin pulled
me aside. I am sure he could see how
mortified I was for disrupting the trial.
Instead of yelling at me, though, Judge
Calvin very kindly looked at me and said,
“We’re not going to have a problem with
your phone again, are we?” I assured him
that it would never happen again, and it did
not. That is just one small example of Judge
Calvin’s patience and compassion.
Over the years I would often see Judge
Calvin at bar association events. He had a
great sense of humor and always greeted
me with kind words and interest in
what was going on in my life and career.
Since his passing so many people have
commented about how they will miss his
laugh. When I think about Judge Calvin I
can hear his distinctive laugh, as well.
After he left the bench, Judge Calvin
had a very successful career in private
practice and as a mediator. I was fortunate
to have Judge Calvin as the mediator on
two cases over the past four years. When
parties agree to mediate a case they will
often exchange a list of mediators they
will not use. Judge Calvin’s name never
appeared on the exclusionary list of any of
my opposing counsel.
Just as he was a great judge, Judge
Calvin was also a great mediator. His
patience and compassion gained him
the trust and respect of attorneys and
litigants, alike. Mediators often have to tell
litigants that their expectations may not be
Judge Calvin very kindly looked at me and
said, 'We’re not going to have a problem
with your phone again, are we?'
St. Louis Lawyer reasonable. It is very hard
to tell people things they do not want to
hear. I will never forget how compassionate
Judge Calvin was with my clients. My
clients knew that he cared about their loss
and that they could trust he was telling
them the truth. Both cases I mediated with
Judge Calvin settled because of the trust
and respect my clients had for him.
I debated whether I should write this
column. During the course of my career
we have lost many great lawyers and judges
who have made a lasting positive impact
on the profession and our community.
However, I wanted to write this column
because so many people have told me that
Judge Calvin had a huge impact on their
careers. I include myself in that category.
He will be missed but his impact on this
profession and the lawyers who appeared
before him will continue on. n
Ethics
Five points to know about noncompete agreements for lawyers.
In virtually every profession except
the law, employers expect employees to
enter non-compete
agreements. These
agreements generally
prevent the employee
from trying to take
clients from the
employer or compete
against the employer
after the employee’s
relationship with the
employer has ended.
by Michael P. Downey,
In the legal
Partner, Armstrong
profession,
however,
Teasdale LLP
it is unethical for a
lawyer to offer or agree to a non-compete
provision that limits the activities of the
lawyer after employment ends. Modeled on
ABA Model Rule 5.6(a), Missouri Supreme
Court Rule 4-5.6(a) states:
A lawyer shall not participate in
offering or making:
(a) a partnership, shareholders,
operating, employment, or other
similar type of agreement that restricts
the right of a lawyer to practice after
termination of the relationship, except
an agreement concerning benefits upon
retirement . . .
Rule 4-5.6(a) and Model Rule 5.6 are
interpreted broadly to prohibit non-compete
agreements that prevent the solicitation
of firm clients as well as provisions that
prohibit practicing in the same geographic
area or same area of law for a specified
period. Such interpretation advances the
two purposes of Rule 4-5.6 set forth in
[1] of the comment, to protect both the
professional autonomy of the lawyer and the
freedom of clients to choose their lawyer.
There are five points lawyers should
know about lawyer non-compete
agreements. They are:
1. Lawyers may face discipline for improper
non-compete agreements. Rule 4-5.6(a)
is a Rule of Professional Conduct, so
it should come as no surprise that a
lawyer may face discipline for offering
or making an improper non-compete
agreement.
Recently the Indiana Supreme
Court publicly reprimanded lawyer
J. Frank Hanley II, for example, for
having an associate sign a noncompete agreement that prohibited
the associate from practicing Social
Security disability law – the same
law Hanley practiced – for a twoyear period after the associate’s
employment with the firm ended.
See In re Hanley, Cause No. 49S001410-DI-616 (Ind. Nov. 6, 2014).
Hanley likely avoided more serious
discipline by not enforcing the noncompete provision and transferring
several client files to the associate
so the associate could continue the
representation..
2. An improper lawyer non-compete is
generally unenforceable. In addition to
potential discipline, courts regularly
invalidate non-compete agreements
that would restrict a lawyer’s right to
practice. See, e.g., Dowd & Dowd v.
Gleason, 693 N.E.2d 358 (Ill. 1998).
Had Hanley tried to enforce the
non-compete agreement against his
associate, a court likely would have
found the provision unlawful and thus
unenforceable.
3. Lawyer non-competes are permitted
for valid retirement benefits. Despite
the general bar against lawyer noncompetes, lawyers are permitted
to enter – and courts will enforce
– restrictions on practice tied to
legitimate retirement benefits. The
language in Rule 4-5.6 “benefits upon
retirement” is normally understood
to reference payments to the lawyer
from future firm revenue, not simply
a return of capital. Schoonmaker v.
Cummings & Lockwood of Connecticut,
P.C., 747 A.2d 1017 (Conn. 2000).
The safest way for a non-compete
provision to be related to a legitimate
January 2015
“retirement benefit,” and thus
enforceable, is for the benefit to be
conditioned upon the lawyer ceasing
the practice of law, either entirely or at
minimum for monetary gain. Where
a purported “retirement” benefit is
also granted to lawyers who continue
to practice, but do so in settings not
competitive to the law firm granting
the benefit (for example, because the
“retired” lawyer becomes in-house
counsel), a court is likely to see the
provision as a financial disincentive
against competition and thus also
prohibited by Rule 4-5.6.
4. Lawyer non-competes are permitted
in law practice sales agreements. The
ethics rule that regulates the sale of
law practices, Rule 4-1.17, requires
lawyers selling all or part of their
practice to cease practice, at least in
the area of practice sold. Often this
prohibition against post-sale practice
is memorialized and enforced through
a non-compete provision in the sales
agreement.
For more information on issues
relating to the sale of a law practice,
see my November 2014 ethics column.
5. Lawyers may enter “exclusive” practice
agreements. Rule 4-5.6 prohibits
only limitations on practice “after
termination” of the employment,
partnership, or similar relationship.
A provision that limits what
practice a lawyer may assume during
a partnership, employment, or
other association with a firm is not
prohibited by Rule 4-5.6.
It is somewhat common for partnership
agreements or lawyer employment
agreements to state the lawyer will only
practice law through the law firm. Such
provisions helps a law firm manage conflicts
and other risks, and prevents the lawyer
from “moonlighting” or trying to channel
work – and accompanying revenues –
outside the firm. n
5
The quality of justice is up to us!
The preamble to the Missouri Bar rules
of conduct states that a lawyer is a public
citizen having special
responsibilities for the
quality of justice.
Sustaining and
improving the
quality of justice,
to me, is more
than seeking legal
reform, representing
our clients well or
by Susan Block,
cultivating legal
Partner, Paule
knowledge. Lawyers
Camazine &
Blumenthal; former St. who get involved
Louis County Family
in community
Court Judge
service increase
the confidence the public has in the
administration of justice. They present
the face of justice, enhancing the lives
of citizens, by giving of themselves.
Whether it be through strengthening legal
education, providing social assistance,
helping to assure access to legal services
or being a civic leader, lawyers make a real
difference.
Here are a few examples of what we are
doing:
Amy Diemer, a devoted family law
guardian ad litem, with her husband, Dan,
and now college-age sons, found their
giving niche by helping coordinate their
parish’s Room at the Inn night. One night
a month, parishes, churches, synagogues
and other organizations provide shelter and
food for newly homeless families while they
are trying to find more permanent housing.
Several times a year they picked up a
group of "guests" from Provident Center in
Bridgeton and
hosted them
for a night
by providing
them dinner,
a sleeping area and beds,
evening entertainment
and breakfast the next
morning and then transported them back
to the center in the morning.
For their whole family it was a very
enlightening experience to learn that the
homeless were people not so dissimilar
than themselves but had had a series
of unfortunate circumstances that had
caused them to become homeless. Their
boys helped to care for and entertain the
children giving the mothers a break from a
long day.
Amy’s whole family gained an
appreciation for what they had and felt
as if they made others’ lives better even
for a brief time. The boys are college
men now, but Amy and Dan continue to
volunteer in the program as well as in legal
world programs in domestic violence and
mediation.
Missouri Court of Appeals Judge Lisa
Van Amburg gives back to the community
through annually serving as a judge in
the Missouri High School Mock Trial
Competition, participating in high school
career days, and speaking regularly to
elementary and junior high students. Her
generosity in giving of time and talent to so
many provides increased confidence in our
justice system.
My law partner and friend Frederick
Kruger serves on the executive committee
and provides (pro bono) all the legal
services of the non-profit corporation,
the Spirit of St. Louis Airshow, which
is responsible for bringing the semiannual St. Louis County Airshow to
the community. A former veteran pilot
himself, he brings passion to this special
giving to our region. When you watch
those amazing planes in the sky, know that
a terrific lawyer is a part of their daring
performances.
Rose Ann Feldman, former St. Louis
prosecuting attorney, with an active
practice in family law is one of many
attorneys who volunteer in the St. Louis
County Domestic Violence Court. Her
special role is to help the litigants arrive
at a custody/visitation schedule. Her work
responsible for our courts hearing samesex adoption matters and most recently
has given a number of CLE presentations
since the Windsor decision on same-sex
marriage in Missouri, including at the
Missouri Bar Annual Meeting and has
served on a panel on Law and Legal Issues
Affecting Transgender persons in Missouri
at the University of Missouri in St. Louis’
Transgender Spectrum Conference.
She and her wife Zuleyma were among
the 10 plaintiff couples in this year's
successful same-sex marriage lawsuit.
She has been fearless in her civil rights
commitment, giving presentations in the
community on a wide variety of LGBT
issues, and other social justice issues
(reproductive rights, privacy rights, housing
displacement) over the past 40 years, as
well as writing numerous commentaries on
legal and social justice issues.
She has served as a cooperating attorney
for the ACLU and the National Center
for Lesbian Rights in various matters,
including as cooperating attorney for
Lambda Legal in 1986, arguing on behalf
of Lambda before the Missouri Supreme
Court in the State v Walsh case, where I, as
a Judge, held that the sexual misconduct
law was unconstitutional.
Currently she is researching legal
issues that the Michael Brown killing
in Ferguson and grand jury proceeding
highlighted, to help develop strategies for
change. Thank you, Arlene and all of you
who go that extra step.
In the Jewish faith, there is a Hebrew
phrase: “tikkun olam,” meaning repairing
the world. Lawyers are not only making
a difference in the lives of
their clients, but giving
broadly to repairing the
brokenness that we are
suffering as a community
and world.
Do what you can to start
2015 off with giving to
others in whatever way you can. We
can be proud of what we have done, but
there is still so much more to do.
Happy New Year and Peace on Earth,
goodwill to all. n
Sustaining and improving the quality of justice, to me,
is more than seeking legal reform, representing our
clients well or cultivating legal knowledge.
6
is invaluable at providing safety for the
children of the parties while allowing them
to have relationships with both parents.
Kudos to Kim Bettisworth and her team
of “special prosecutors” in Judge Burton’s
Domestic Violence Contempt Court who
hold batterers accountable for their violent
behaviors.
Arlene Zarembka is one of my lawyer
heroes. She has single-handedly been
St. Louis Lawyer A first peek at the 2015 Bench, Bar & Professional
Development Conference Schedule...
This year’s Bench, Bar and
Professional Development
Conference promises to be one you
won’t want to miss with a dozen
great sessions by leading judges
and attorneys – not to mention the
networking and social aspects that
we just do not have enough room to
list here.
It all begins with Ethical Issues
in the Courtroom with Hon.
Carolyn C. Whittington and other
leading judges.
Then sit back and take in
an Update from the Missouri
Supreme Court Justices. You’ll
have the opportunity to ask
questions too!
We all can learn more about
technology. Three panelists, Joy
Holley, Patrick Chavez and Michael
Cole will answer the big question,
Are You Still Competent to
Practice Law in a Technology
World? We think you’ll be able to
answer yes by the time they wrap
up their presentation – or at least
help you identify areas where you
need to catch up!
For those who practice Family
Law, Alisse C. Camazine and other
panelists will present a two-part
session on Custody Evaluation.
Enough great info to fill two
sessions!
But, if you’re not a family law
aficionado, you can check out
one of the other two concurrent
sessions: Marketing Your Law
Practice through Social Media
with Christy Pashia, or Effective
Techniques for Jury Selection
with Maurice Graham.
There’s also You and Your
Career by Brad Winters and
another concurrent session, in the
Trial Masters Series scheduled
with Hon. Duane Benton, always
insightful, entertaining and helpful
to your practice.
Next will be a certain
highlight as Scott Rosenblum
and Richard Callahan take on
Cross Examination, followed by
Missouri’s Secretary of State Jason
Kander and his take on the Voting
RIghts Act.
There will be Friday afternoon
recreation and diversions with
golf, volleyball and a Texas Hold
‘Em poker tournament, and the
famous shopping trip, plus a
special evening reception and
dinner at the Osage National Golf
Resort. Our Past Presidents will
host an After Hours Bar back at
the hotel.
Then, on Saturday morning, take
notes as Edward L. Dowd, Jr. and
other presenters share the best
ways for Protecting the Record
for Appeal.
Following that session, you’ll
be all set for our annual Judicial
Panel with all the judges present to
learn what’s new, what’s coming,
and why. This always-helpful
and entertaining session is being
moderated this year by Debbie
Champion.
All good things must come
to an end, but not before we
distribute special attendance
prizes and thank you for your
contribution to another Bench &
Bar! Your participation makes a big
difference at Bench & Bar.
Go online now to www.bamsl.
org to sign up for Early Bird
Discounts. If you prefer not to
drive, sign up for the YLD Bus and
leave the driving to us. But, don’t
delay. Our block of wonderful hotel
suites at Camden On The Lake has
sold out in the past, so act now.
All attendees earn 9.8 MO MCLE
Hours plus 2 Ethics Hours!
CAMDEN ON THE LAKE | MAY 28-30
Ethical hackers: Thinking like
criminals but wearing the white hats.
by Gail Appleson, Communications Editor,
Armstrong Teasdale LLP
When it comes to protecting clients
from security breaches, lawyers generally
provide advice on such key matters as
policies and compliance. But Armstrong
Teasdale attorneys Dan Nelson and Lucas
Amodio have added a new twist to their
legal services. They’ve learned how to hack
into computers and have even earned a
credential to prove it.
These two lawyers became “Certified
Ethical Hackers” during 2014 through the
International Council of E-Commerce
Consultants (EC-Council). An “ethical
hacker” is an information security
professional trained to penetrate networks
and/or computer systems using the same
methods and techniques as a criminal.
But ethical hackers, also called white
hat hackers, use their skills to assess and
improve security by finding vulnerabilities.
And unlike criminal hackers, they have
permission to break into computers from
the organizations who hire them.
There are more than 700 EC-Council
accredited training centers across 107
countries. The training program is offered
locally by Hacker University™, a subsidiary
of the St. Peters, Missouri-based ethical
hacking firm, Parameter Security.
“On the privacy side, we (lawyers) can
have meaningful conversations with our
Nelson
Amodio
clients about their duties to retain and
protect information,” said Nelson, an
Armstrong Teasdale litigation partner
and co-chair of the firm’s Data Security
and Privacy Practice Group. “But on the
security side, what do lawyers really know
about how to protect them? Lawyers and
IT people don’t have a good history of
communicating. How do we bridge that
gap?”
A commercial litigator with some 22
years of trial experience, Nelson advises
8
clients about policy and procedures aimed
at protecting data. To enhance his practice,
Nelson became a Certified Information
Privacy Professional. This major credential,
issued by the International Association
of Privacy Professionals, indicates that a
holder knows U.S. data protection laws,
key privacy terminology, and practical
concepts concerning the protection of
personal data and trans-border data flows.
Despite this extensive legal background,
Nelson felt he needed more extensive
computer skills if he was truly going to help
clients in this age of constant cyberattacks.
As a result, he pursued the ethical hacking
credential.
Amodio comes
from the other side
of the equation. An
intellectual property
lawyer who focuses
on high-technology
and computer-related
matters involving
patent law, Amodio
is former software
engineer who
obviously knows the
IT talk. But for him, the ethical hacking
course was a way to better assist his patent
clients. For example, one of his clients is
a credit card company and the course has
helped him better describe several securitybased patents.
“I’ve been a computer geek all of
my life,” said Amodio who started
programming games when he was only
seven-years-old. “I’ve done plenty on
my own computer to get past stuff, but
I never learned about hacking. So when
Dan started talking about the program I
thought it looked cool. ”
The ethical hacking course does require
a high level of computer proficiency, so
it’s not for all lawyers. In fact, Parameter
officials said Nelson and Amodio are the
only two attorneys that have successfully
completed the local program.
Although Amodio was already familiar
with many of the terms, Nelson, who
describes himself as being a “tekkie nerd
at heart,” put in about 250 hours of study
before even taking the course.
“If you don’t have a technical
background, then you will have to invest
the time to get one,” he said.
The program, which costs $2, 250 per
person, is five intensive days of work. As
part of the course, students learn to think
like attackers, understanding their motives
and strategies. They also acquire skills
aimed at recognizing and analyzing the
latest security threats; identifying security
breaches and determining acceptable risk
within organization.
“Learning how to hack is kind of a
dangerous tool to have,” said Amodio. “It’s
incredibly easy to do if you have the time
and patience.”
Amodio explained that students are
expected to be able to
The ethical hacking course does
require a high level of computer
proficiency, so it’s not for all lawyers.
St. Louis Lawyer break into a computer in a
lab setting, however, they also must sign
an agreement that they will never hack
without written permission.
At the end of the course there is a
four hour exam, which both Nelson and
Amodio described as being extremely
tough.
“I was probably more worried about
passing this test than the bar exam,”
Nelson said. “I don’t see a flock of lawyers
doing this,” added Amodio.
But for those who have the ability and
determination to take on the challenge,
helping clients obtain security is the
reward.
“People perceive the most fundamental
problem in cybersecurity to be only an
IT problem, but it’s not,” said Nelson.
“It’s a problem that starts with lawyers
and centers around compliance and the
management of people. If we can bridge
the gap between IT and in-house lawyers,
we’ve added a lot of value. When you can
make that conversation happen, that’s
really when you start talking about being
secure.” n
Frankie Muse Freeman and other notable attorneys.
The St. Louis legal community lost Hon. Michael
B. Calvin unexpectedly on November 29, 2014 from
He was only in private practice for three years when
complications following a recent surgery. He was 63.
he was elected as an associate circuit judge in 1979
at age 28. In 1988, he became a circuit judge until
Judge Calvin was known for his fairness, his
respect for others, and being a diplomat on the
2008. During that period, from 1999 to 2000, he also
bench. It is said he didn’t know a stranger and would
served as a presiding judge.
It was just six years ago that Judge Calvin retired and
stop to speak to and, above all listen to, anyone who had
something to say to him. Gary Sarachan, partner with Capes,
joined the law firm of Spencer Fane Britt & Browne in their
Sokol, Goodman & Sarachan, has said that Calvin “treated
dispute resolution division.
During his career he received honors and awards from
everyone with respect and conducted court session with
the Mound City Bar Association, the National College of State
humor paired with dignity.”
Judiciary, and the Missouri Judicial College.
He was born in Nashville, Tenn., but from a practical
From colleagues, friends, and even many of those who
standpoint he was a St. Louis native since his family moved
to St. Louis when he was only two. He attended Beaumont
were sentenced by him in court, Judge Calvin was known as
High School, went on to graduate from Monmouth College
a man of honor with a reputation for always being fair and
in Monmouth, Ill., and then earned his J.D. from Saint Louis
doing the right thing. He is survived by his wife, Vanessa; sons
University School of Law in 1975.
Michael Calvin Jr. and Justin; stepdaughter Patrice Willis;
brother Lincoln Calvin, and sister Robin Rutlin. n
After law school, Judge Calvin joined a law firm with
Jeffrey F. Magrowski, Ph.D.
www.vocationalexpertwitness.com
Vocational rehabilitation; Americans With Disabilities Act;
insurance consulting; wrongful death; consultations,
personal injury; product liability; slip, trip and fall; expert
witness; Workers’ Compensation case consultation;
vocational evaluation; divorces; long term disability, Social
Security, wrongful discharge, general employment
litigation; job analysis/video job analysis; management of
Rehabilitation;
job
placement;
wage-loss;
and
rehabilitation economics.
Certifications: CRC, CDMS, ABVE, NBCC, CVE, and
CRED. Diplomate of the American College of Forensic
Examiners and Senior Disability Analyst. Licensed
Professional Counselor.
P.O. Box 270329
St. Louis, MO 63127
Telephone: (314) 520-1927
Fax: (636) 220-4270
Email: [email protected]
January 2015
9
palate
His Honor's
Restaurant reviews about town.
In our December 2014 issue, we left off with a
visit to Al’s; now we continue Judge Teitelman’s
quest for great steaks...
One of my favorites, understanding that
I used to love Ponderosa, is Tucker’s Place
for Steaks.
Three locations: 3939 Union Road, one block north of
South Lindbergh, (314) 845-2584, Monday through
Thursday 11:00 a.m. to 10:00 p.m., Friday 11:00
a.m. to 11:00 p.m., Saturday noon to 11:00 p.m., and
Sunday 4:00 p.m. to 9:00
p.m. Also 2117 S. 12th
Street, a half block south of
Russell, (314) 772-5977,
Monday through Thursday
11:00 a.m. to 11:00 p.m.,
Friday 11:00 a.m. to
midnight, Saturday 4:00
p.m. to midnight, and
Sunday 4:00 p.m. to 10:00
p.m. And West County,
14282 Manchester Road,
by Hon. Richard B.
one block east of Hwy. 141,
Teitelman, Missouri
(314) 227-8062, Monday
Supreme Court
through Thursday 11:00
a.m. to 10:00 p.m., Friday 11:00 a.m. to 11:00 p.m.,
Saturday noon to 11:00 p.m., and Sunday 4:00 p.m.
to 9:00 p.m.
Since I live in the City, the location
I favor is the one next to McGurk’s, on
Russell in Soulard. Tucker’s is a great
place you can go for a casual dinner if
you’re looking for a hearty steak or pork
chop. They always have specials on a chalk
board that you should check first. To give
you a sense of the prices and the dishes:
appetizers – Chicken Wings, $7.75; Potato
Skins, $6.45; of course, Toasted Ravioli,
$6.45; Jalapeno Poppers, $6.45; Grated
Zucchini Sticks, $6.45; Beer-battered
Onion Rings, $6.45; Breaded Mushrooms,
$6.45; Mozzarella Cheese Sticks, $6.45;
Shrimp Poppers, $6.95; and a Sampler at
$8.45. But, of course, the reason you go
to Tucker’s is for the steaks and chops, all
reasonably priced. An eight-ounce Filet
Mignon is $19.45; the New York Strip, 16
ounce. $19.95; the Porterhouse, 20 ounce,
$21.85; the Ribeye Steak, 14 ounce, which
is a bargain, is $17.95; and the 16 ounce
Filet Mignon $25.95. The 20 ounce thickcut pork chop, at $15.95, is my favorite. It
is a huge pork chop, smothered in gravy,
and it fills the entire plate. You can also get
an 8 ounce chicken breast, $11.85; grilled
10
Tilapia, $14.45 or a grilled Norwegian
Salmon, $15.45.
If you come to Tucker’s for lunch, you
can still get a steak but you might also
like the 9 oz. Tucker Burger, $4.95; the
Big Turkey, $5.95; or the Breaded Pork
Tenderloin, $5.95. One of my favorites as
well is the Philly Cheese Steak at $5.95.
Finally, they also offer reasonably priced
pizza. Tucker’s pizzas come in two sizes,
10 inches and 14 inches. A plain cheese
pizza is $7.95 or $9.95; and for $1.50 you
can add additional toppings, which include
extra cheese, onion, green peppers, black
olives, mushrooms, tomato, pineapple,
bacon, pepperoni, sausage, hamburger
and Canadian bacon. Or you can
get the Tucker’s Special Deluxe at
$11.75 10 inches and $15.75 14 inches
with pepperoni, sausage, onions,
green peppers and mushrooms. For
a delicious, reasonably priced meal, I
highly recommend Tucker’s.
Hodak’s Restaurant, 2100 Gravois Avenue,
63104, (314) 776-7292, is open Sunday
through Thursday 10:00 a.m. to 10:00 p.m.,
Friday and Saturday 10:00 a.m. to 11:00 p.m.
Dine in or carry out.
jack salmon and, on Fridays only, catfish,
Iceland cod and jack salmon – served with
slaw, potato salad and alternating spaghetti
or macaroni and cheese. Finally, if you like
barbecued ribs, you can get a large or short
end. The short end is $13.10, the large end
is $12.50.
Classics at Hodak’s include St. Louis’
own country fried steak, a roast beef dinner,
chicken strip dinner or dinners which
include the roast beef, chicken strip, chicken
Parmesan, or chopped steak dinner. If you
want good fried chicken or seafood in St.
Louis, Hodak’s is the place to go.
Tucker's Place in Soulard.
Hodak’s is a classic, traditional
Mel’s Country Café, 2421 Industrial Drive, Jefferson
St. Louis landmark. Known especially
City, Mo. (573) 893-9115, Hours: Tuesday through
for its chicken, you can get one quarter
Friday 6:00 a.m. to 8:00 p.m., Saturday 7:00 a.m. to
golden Fried Chicken served with French
8:00 p.m., and Sunday 7:00 a.m. to 2:00 p.m.
Fries and slaw for $8.25. Or you can get a
If you take a trip to Jefferson City, my
half Golden Fried Chicken (add barbecue
favorite restaurant there is Mel’s Country
sauce) served with French fries and slaw for
Café, a classic diner. You can get what’s
$8.65. They also have whole-wing dinners
called a Cowboy Burger, one-quarter
consisting of five wings served with French
pound of lean ground beef topped with
fries and slaw, $8.50; and a Drumstix
a slice of ham, a fried egg and 2 pieces of
dinner, four legs served with French Fries
crisp bacon, just $7.99. Or you can get a
and slaw, $7.15. If your appetite goes to
Farm Boy Special, which is a country fried
chicken livers, you can get a chicken liver
steak sandwich topped with French fries
dinner served with mashed potatoes and
and covered with Mel’s Country Gravy.
vegetables for only $6.80.
Generally, I go to Mel’s for one meal, and
Hodak’s also offers steaks. Their 8 ounce
that’s breakfast. They serve extraordinary
Ribeye is $14.35; 12 ounce Porterhouse is
country ham, a healthy serving of a ham
$14.95; steak and shrimp dinner, $17.45;
steak tender. I enjoy it with eggs and hash
charbroiled chicken breast dinner, $7.75;
browns, $8.79. Usually I will also order a
and an 8 ounce pork chop, battered or
single hotcake, an additional $1.69. Or I
charbroiled, just $7.75.
might get biscuits and gravy, a full order
Hodak’s also serves seafood. My favorite
at $2.95. As you can see, this is traditional
seafood dish has been fried oysters - six
American food provided with outstanding
large breaded oysters served with French
service. When in Jefferson City, I highly
fries or slaw, $11.95; or you can get catfish,
recommend Mel’s. n
St. Louis Lawyer Cover Story
by Chuck Ramsay
Q: What is Motion for Kids like for a kid?
A: A bag full of nifty presents from my wish list that I wouldn’t have gotten over the holidays otherwise. A day at the Dome
meeting real football players and cheerleaders. A new book or two! Games on the football field and crafts with my siblings.
A break for a hot dog, chips and soda. Then off to visit with Santa. Seeing the friendly faces of people I don’t know,
wishing me a great holiday!
There’s no doubt that Motion for Kids is a gem. It sparkles and
shines bright with benefits to all involved no matter which angle
you look at it.
It allows the legal profession of St. Louis to join together to
help those less fortunate children whose family life has been
impacted by the justice system, so they can experience a happier
holiday.
It’s a way for a typically affluent group of professionals to “give
back” to their community.
Still from another angle, it can be seen as a brilliant public
relations move to enhance the sometimes faltering image of lawyers
in general.
From a slightly different view, for many, it’s another way of
calling attention to those who work day-in and day-out seeking
justice that often times is viewed as not reaching all in our society.
One could even imagine how an earlier party one year in the
past may have made an impression on a child that changed their
life for the better in later years. Think about it. Six-year-olds from
one of the first Angel Tree (the original name of Motion for Kids)
parties could be 28 years old now and have children of their own!
Take your pick of any, all, or none from above. It’s usually the
case that a good deed can stand on its own merit. One shouldn’t
necessarily have to have a good reason to do good. This has
been the case year after year as BAMSL members,
whole law firms, Rams players, and others step up
to sponsor one or more children until we have over
3,000 sponsored. They take it upon themselves
to purchase and wrap the gifts and get them to
the Dome on time. Many go to the next step and
volunteer to help out at the party itself
because there is so much to do during
the day-long party. Plus the clean-up,
packing up, hauling away and storage
of everything that can be used again
next year.
While Motion for Kids is often overshadowed by other, local
and national, gift campaigns, we like to think ours is more personal
and visible for the kids. This year was no exception. And, as the
BAMSL and Rams planners hope: next year will be even better.
Take a visual walk through this year’s MFK party here and on the
next two pages to see what effect this community service creates.
January 2015
11
Cover
Story
Cover
Story
12
St. Louis Lawyer MOTION FOR KIDS
By the Numbers
Just at 3,000 children served.
4,000 hot dogs served.
Over 900 families attended
(natural and foster).
Approximately 2,500 custom
cookies decorated.
Between 400 and 500 volunteers.
Core MFK Committee volunteers
worked up to 200 hours each in
preparation; others served from
80 to 5 hours to help make the
party a success.
12 Santas portrayed by Judges.
3,000 books given out by WILP.
January 2015
13
A Closer Look
BAMSL's 13 Sections and dozens of Committees not only provide the framework for developing CLEs, but also work to foster networking, conversations about
practice areas and many other aspects of practicing law. Each of these groups is chaired by one or more BAMSL members who unselfishly give of their time
to create opportunities for other members. This month we take a look at BAMSL's Young Lawyers Division (YLD) to see what they've been up to and how your
participation in this all-important group might help you advance your career.
When people see “YLD” they often
think of younger lawyers getting together
and having a few drinks and chewing the
fat, and that can be an accurate description,
yet not complete by any means. BAMSL’s
Young Lawyers Division (YLD) is involved
in many activities from community service
to finding ways to improve the profession.
Michael Hart, YLD Co-Chair,
acknowledges that their monthly happy
hours are fun to be sure, “but aside from
that, at this stage of our careers, networking
is a very important activity for most of
our YLD members.” He said, “It’s an
opportunity to meet other lawyers, get
referrals, trade stories and learn from each
other.” Hart says that they encourage
older lawyers to attend these monthly
social gatherings, and many do. That’s an
added bonus for his networking members.
The YLD often has their executive board
meeting preceding the happy hours, so there
is some business with pleasure. And at the
happy hour, there is some YLD business as
Hart can be seen working the room to get
members to become active in existing and
new YLD projects.
One of those projects is the Call-ALawyer program that BAMSL and Fox 2
News provide for the community. While
all attorneys are welcome to participate,
YLD lawyers are the primary volunteers.
Sonette Magnus is Chair of Call-A-Lawyer
and wants to get more attorneys involved.
Call-A-Lawyer is held every third Tuesday
of the month at the Fox 2 News studio.
The volunteers anonymously answer legal
questions phoned in by viewers. Those who
have participated say it’s a great experience
and walk away feeling like they have helped
people get answers that can help them.
Another YLD effort is Read Across
America on March 2, 2015. BAMSL gets
involved placing volunteers in St. Louis City
schools first grade classroom. The BAMSL
volunteers are provided with a Dr. Seuess
No matter what occasion you are celebrating,
Lucas Park has the perfect catering options.
From catered breakfast, boxed lunches, formal
lunch, happy hour or formal dinner,
let Lucas Park handle all of your catering needs.
Downtown delivery available.
We also offer the perfect event space to assure
a memorable experience.
experienc
Please contact us for menu options and pricing
[email protected]
[email protected]
book, as well as bookmarks, pencils, and
other “goodies” to hand out to the students
in the classroom to promote literacy. They
will also field questions about the legal
profession and how reading has impacted
their own lives.
New for the YLD this year was their
partnering with Husch Blackwell to
organize a cookie decorating booth at
the 2014 Motion for Kids holiday party.
Approximately 11 YLD members worked
the booth to help kids decorate their own
holiday cookie creations throughout the day.
This is a great example of the result of howto-get-involved brainstorming sessions YLD
members have at their monthly meetings
and happy hours. They took an idea and
gave it legs for a great community service by
the YLD. Keep an eye out for the YLD and
other new activities from them in the near
future. n
DOWNTOWN LOCATION.
GLOBAL IMPACT.
Join us in January for these
upcoming events:
James C. Millstone
Memorial Lecture
January 12, 2015 /// 7 p.m.
Human Trafficking
Symposium
January 30, 2015 /// 9 a.m.
For more information,
visit law.slu.edu
1234 Washington Ave.
St. Louis, MO 63103
14
314-241-7770
lucasparkgrille.com
St. Louis Lawyer Thomas F. Eagleton U.S. Courthouse Learning Center receives ABA
Outstanding Law Day Activity Award.
Capes Sokol attorneys challenge Missouri’s Defense of Marriage
laws as Missouri Supreme Court hears argument in same-sex
divorce case.
Through their extensive Law Day outreach last spring and on Law
Day, May 1, 2014, the Judicial Learning Center and court employees
Attorney Drey Cooley of Capes, Sokol, Goodman & Sarachan,
at the Thomas F. Eagleton U.S. Courthouse were recently recognized
P.C., recently presented arguments to the Missouri Supreme Court
by the American Bar Association (ABA) with the Outstanding
in In re the Marriage of: M.S. v. D.S., in which a man sought a divorce
Activity Award. The Learning Center, known for its unique
from his same-sex spouse, and the St. Louis
displays and innovative approach to school
County Circuit Court dismissed his petition
involvement, was one of three groups in the
based upon Missouri’s Defense of Marriage
nation recognized this year. The 2014 Law
Act (DOMA) provisions, which prohibit
Day theme was “American Democracy and
recognition of same-sex marriages.
the Rule of Law – Why Every Vote Matters.”
The Missouri Supreme Court heard the
Their outreach included a multi-faceted
appeal of M.S., a man who sued in January
approach to engage over 5,000 people by
for a divorce from the man he lawfully
sending out voting fact sheets and a call to
married in Iowa in 2012. Presently, there
volunteer to hundreds of court employees,
is no statewide standard for same-sex
resulting in participation by the Judiciary,
marriage or divorce in Missouri, resulting in
as well as Department of Justice employees.
inconsistent treatment of same-sex marriages
They visited 35 classrooms in two under
and divorces across the State.
served school districts, Riverview Gardens
Cooley suggested to the Court that
and Normandy, and created and taught
Supreme Court action is necessary to resolve
lessons for nearly 900 elementary, middle and
these inconsistencies, citing lower court cases
high school students. The court volunteers
that have granted same-sex couples the right
Rachel E. Marshall, Public Education and
gave each of the elementary classes a story
to get married in St. Louis City and Jackson
Community Outreach Administrator (left), with
book about voting, and each of the middle
County, while same-sex couples have been
poster contest winner Cameron Hensley, Normandy
and high school classes in the two school
denied the right in most other counties.
High School, holding his winning entry.
districts a book about Freedom Summer,
Similarly, the lower courts in a few counties
the June 1964 effort to register as many African-American voters as
have granted same-sex couples divorces, while others have refused.
possible in Mississippi, which had historically excluded most blacks
Cooley said, “This has resulted in a great deal of uncertainty and
from voting. The packets also included art supplies for a Law Day
confusion regarding whether or not the marriages and divorces that
poster contest for the high school classes. A curriculum resource
have been granted will receive full legal recognition.”
guide was crafted and given to each participating teacher in the
Referring to reports in the local media that these lower court
partner schools, as well as emailed to hundreds of other teachers via
decisions from two Missouri counties are binding across the state,
the state social studies list-serve.
Cooley said. “They are not, and have no precedential value except
In addition, a copy of the resource guide was also made available
in those two counties.” As a result, the status of those Missouri
online and given to all schools that toured the courthouse. When
same-sex couples who have already been granted divorces or marriage
Law Day (May 1) arrived, high school classes from the two school
licenses is in question until the Supreme Court resolves this issue.
districts arrived at the courthouse to view an entire floor dedicated
Cooley offered
to voting rights, including the Freedom Summer traveling exhibit,
to the Court that it
provided by the Wisconsin Historical Society. At that event, students
could provide access
were involved in activities designed to familiarize them with the
to divorce for samesignificance of Freedom Summer and voting rights and special guest
sex couples without
speakers reinforced the importance of these historic events.
overturning DOMA,
On May 6, a public program was held in conjunction with the
although he expressed
traveling exhibit and CLE credit was offered. The following day, the
the hope that the
traveling exhibit moved to the Northwest Academy of Law, where
Court would take this
Chris Hexter and Charles McLaurin held a program on non-violent
opportunity to finally
voter activism in conjunction with the school’s peace rally.
determine whether or
The Learning Center at the federal courthouse is a favorite
not DOMA is to be
attraction for area educators because its displays effectively teach the
enforced in Missouri. n
importance of civics and how our justice system works. The Center
also makes an effort to provide bus transportation for school groups
through fund-raising when that will allow attendance by students
who normally would not have a way to visit the Center.
January 2015
15
New Age lawyers:
Changing the game.
More attorneys – particularly young
attorneys - are beginning to change the
legal landscape in courtrooms across
the country by using the latest digital
presentation technology in arbitration,
mediation, and
litigation.
Tech-savvy lawyers
have realized that
the art of storytelling
can be enhanced
through the use
of technological
presentation software.
Law school professors,
by David J. Gregory,
bar associations, and
Founding partner,
Drivers Defense
legal experts all agree
Counsel, L.C.
that younger lawyers
employ the newest tech tools to plan case
strategy, research and draft pleadings,
gather facts, manage evidence, and deliver
presentations.
An old-tech truism of the legal
profession was, “Computers will not replace
lawyers, but computers will replace lawyers
that don’t use them.” Today, the maxim is,
“the newest mobile and tablet technology
will not replace lawyers, but the newest
mobile and tablet technology will replace
lawyers that don’t use it.”
The future is now
Attorneys of the Baby Boom generation
grew up when personal computers
were being invented and high-tech
enhancements began to evolve. As a result,
not all Boomer lawyers placed a premium
on learning how to implement the newest
computer technology into the practice
of law. Lawyers from Generation X and
Generation Y, however, grew up embracing
computer technology, using and evolving
with many of the latest computer-tech
devices. In fact, most contemporary Juris
Doctors will tell you that laptops were a
necessity during law school.
Does this mean that young attorneys
are more ready or better able to apply
the newest tech devices and presentation
software – such as cinematic animations
and holograms – to present cases in
arbitration, mediation, and litigation? In
16
my experience, the answer is yes.
Smartly managed within the rules, the
advantages of effectively using interactive
multi-media devices can amaze opposing
attorneys, observers, judges, and – most
importantly – juries.
To be clear, knowledge of law, case
preparation, strategy, and effective
courtroom tactics are the most important
tools for winning cases. This will never
change. However, many new age lawyers
are using technology to make trial
strategies and courtroom tactics much
more entertaining and easier to understand.
Perhaps that is why Linda Green Pierce,
President of Northwest Legal Search, Inc.,
says that today’s young attorneys are “bold,
confident, savvy, and setting today’s legal
community on its ear.”
The use of animations, simulations
and video effects has a powerful effect
on the audience. These dynamic visual
enhancements convey case theory and
evidence in ways that capture and retain
the attention of viewers better than the
basic PowerPoint presentation. To fully
capture the audience’s attention, an
attorney should strive to discover and
employ the latest presentation software.
Some of the latest presentation software
that I find impressive includes Circlify,
which creates 3D motion graphics. I
also recommend PowerSuite, which
creates enhanced transition effects, video
backgrounds, and 3D charts. Apple has
also created an excellent, comparable tool
for presentations called Keynote. But,
perhaps my favorite media presentations
software is After Effects, which is used
to animate a presentation and create an
entertaining, cinematic experience.
Beware, however, because use of these
technological enhancements may be
met with opposition in some situations.
Fortunately, due to relaxed rules of
evidence and procedure, arbitration and
mediation generally allow for greater use
of such technological enhancements. Jury
trials, on the other hand, can prove much
more perilous. Use of such technological
enhancements in the courtroom may
intimidate or alarm an opponent, especially
St. Louis Lawyer if the opponent relies on old-school
presentation approaches. In such situations,
be prepared for a barrage of objections,
particularly “argumentative” and “too
prejudicial.”
Change for the better
Even in a jury trial, however, opening
and closing statements can generally
be complemented by dynamic software
enhancements. For example, my firm
illustrates actual exhibits – that we
reasonably believe will be admitted into
evidence – in a multimedia platform
during the opening statement. We use
documentary-styled screen panning
and highlighting technology, as well as
animated demonstrations, to illustrate
particular points during our opening
statements and closing arguments. These
animations, called “demonstrative” or
“illustrative” aids are generally permissible.
Even though the practice of law
is changing due to dynamic software
enhancements, some attorneys and judges
are concerned that the use of sophisticated
technology may complicate the pretrial and
trial processes and tip the playing field. The
issues are such that the Federal Judicial
Center prepared a 369-page book entitled,
“Effective Use of Courtroom Technology:
A Judge’s Guide to Pretrial & Trial.”
“Beyond a doubt, the era of using
computer technology for presenting
evidence has arrived,” notes Joel Simberg,
an attorney and professor at DePaul
University College of Law. “The discovery
and evidence rules continue to evolve but
are slow to adapt to the changing methods
in which technology is being used.”
As a practicing lawyer who sees how
presentation enhancements capture the
attention of the audience, I would love
for all lawyers, as stewards of the law,
to use more software tools to enhance
our profession. I truly believe that when
attorneys from all generations apply these
tools, the practice of law will change for the
better. n
People & Places
John G. Simon, Managing Partner of
The Simon Law Firm,
P.C. was recently
selected by Corporate
INTL Magazine as
their 2015 Product
Liability Attorney of
the Year in Missouri.
Jessica Ciacco
has
joined Legal
Simon
Services of Eastern
Missouri (LSEM)
as Staff Attorney in
the Housing Unit.
Ciacco, who has
extensive courtroom
experience, will
handle all substantive
aspects of housing law
Ciacco
including Missouri
state landlord/tenant litigation, federally
subsidized housing issues, fair housing
rights, and issues related to homelessness.
Prior to joining LSEM, Ciacco served in
the Missouri Public Defender’s Office.
She earned her J.D. from Saint Louis
University School of Law, where she was
President of the Criminal Law Society.
Armstrong Teasdale Partner Daniel
Sakaguchi has been
appointed to a twoyear term as an AtLarge Member of the
Board of Governors
of the National Asian
Pacific American
Bar Association
(NAPABA).
Sakaguchi
NAPABA is the
national association of Asian Pacific
American attorneys, judges, law professors,
and law students representing the interests
of over 40,000 attorneys and 68 state
and local Asian Pacific American bar
associations. Sakaguchi also co-chairs
the organization’s Regional Conference
Committee, has co-chaired both the
CLE Programs Committee and the 25th
Anniversary Committee for last year’s
NAPABA Convention in Kansas City. He
is a former president of the Missouri Asian
American Bar Association and currently
serves on its Board of Directors.
Jonathan Shulan, an Armstrong
Teasdale attorney, has been named to a
three-year term on the Missouri Chamber
Music Festival (MOCM) Board of
Directors. The MOCM brings nationally
recognized professional musicians
18
to St. Louis to
perform chamber
music concerts
in collaboration
with local artists
during an annual
festival each June.
Shulan, a litigator,
Shulan
concentrates on
complex commercial
and business disputes, insurance coverage
matters, personal injury cases and other
tort-related areas. He earned his J.D.
from William H. Bowen School of Law
- University of Arkansas at Little Rock,
M.M. from the University of MissouriColumbia and B.M. from Johns Hopkins
University.
Bryan Cave LLP has announced
Madeline Stavis has joined the firm in its
St. Louis office as an Associate. Stavis will
practice with the Labor and Employment
Client Service Group. She received her
J.D., summa cum laude, in 2011 from
Benjamin Cardozo School of Law. Prior to
joining Bryan Cave, Stavis was a labor and
employment associate at a major New York
City law firm.
Bryan Cave LLP also announced that
it has promoted three
lawyers to counsel in
the firm’s St. Louis
office, effective Jan.
1, 2015. Nathan
Boyce is a leader on
software licensing
and information
Boyce
technology matters
and a member of the firm’s Information
Technology Team. A broad-based
corporate attorney, Boyce has taken the
lead on M&A transactions in the consumer
goods, health care and technology
areas. He also advises nonprofit clients
on formation, compliance, fundraising,
complex governance and transactional
matters. Boyce’s clients in this area include
traditional charities, religious orders,
research institutions, incubators, trade
associations and political or community
activists. In addition, he is very active in
pro bono representation in St. Louis.
Ben Sodey’s practice involves all areas of
intellectual property law, including global
patent portfolio management (particularly
in the life sciences and chemical fields),
licensing, litigation and transactional
matters. Sodey has broad experience
in the preparation and prosecution of
St. Louis Lawyer patent applications;
validity or invalidity,
patentability and
clearance opinions;
and counseling
in a wide range
of technical fields
including chemistry
and biotechnology,
Sodey
pharmaceuticals,
consumer products, e-commerce, banking
and finance, business method patents,
telecommunications, medical devices, and
electro-mechanical machines, devices and
processes.
Jennie Wynne specializes in
complex, multi
state acquisitions
and dispositions,
commercial leasing
and other corporate
real estate matters.
She regularly advises
clients on issues
relating to land use,
Wynne
zoning, appurtenant
rights and land development. Wynne has
broad commercial leasing experience and
works regularly with landlords and tenants
on office, warehouse, manufacturing and
industrial leases.
Polsinelli recently announced that
Britton St. Onge,
Lauren Wojtowicz
Cohen and Zachary
D. Wood have all
been recently named
as members of the
Theodore McMillian
American Inns of
Court. Britton St.
St. Onge
Onge is an associate in
the firm’s Commercial Litigation Practice.
Prior to joining Polsinelli, St. Onge worked
as a law clerk to Judge Richard A. Griffin
of the U.S. Court of Appeals for the Sixth
Circuit and Judge Stephen J. Murphy, III,
of the U.S. District Court for the Eastern
District of Michigan. He earned his law
degree, magna cum laude, from Notre
Dame Law School in 2009.
Lauren Wojtowicz Cohen is an associate
whose practice focuses on immigration
and labor and employment law. Cohen
graduated with honors from Washington
University in St. Louis School of Law in
2007. While in law school, she served as
the President of the Women’s Law Caucus
and received the award for Excellence
People & Places
in Oral Advocacy.
She has successfully
second-chaired
both state and
federal trials and has
extensive experience
in motion practice
and managing all
facets of the discovery
Cohen
process, including the
taking and defending of depositions. In
her immigration practice, she helps clients
navigate complicated U.S. immigration and
labor laws to hire and retain key foreign
national employees.
Zachary D. Wood earned his law degree
from Saint Louis
University School
of Law, magna cum
laude, in 2013 and is a
member of the Order
of the Woolsack
honor society. While
in school, he served
as an editor of the
Wood
Saint Louis University
Law Journal. His practice focuses on all
aspects of commercial real estate, including
property acquisition and disposition;
leasing; financing; development; land
use and zoning. He also has experience
advising health care clients regarding
compliance with federal Stark and AntiKickback laws as they relate to national
leasing and sophisticated purchase and sale
transactions.
Behr, McCarter & Potter, P.C. is
pleased to announce
the addition of its
newest attorney,
Joey Vitale. Vitale
previously served
as a legal intern for
the Hon. Donald
G. Wilkerson of the
U.S. District Court,
Southern District of
Vitale
Illinois. Vitale has
also interned for the United States Senate.
He graduated cum laude from Saint Louis
University School of Law in 2014. While
in law school, he earned several awards
and was the Online Editor of the Saint
Louis University Law Journal and served as
President of the St. Thomas More Society
and as Marshal of the Phi Alpha Delta
Law Fraternity.
Legal Services of Eastern Missouri’s
(LSEM) Executive
Director and General
Counsel Dan
Glazier has been
elected Midwest
Representative for the
National Legal Aid &
Defender Association
(NLADA). NLADA
Glazier
is America’s oldest
and largest nonprofit association devoted to
excellence in the delivery of legal services
to those who cannot afford counsel. Named
to his current position in 2005, Glazier
joined the non-profit organization as a
Reginald Heber Smith (Reggie) Fellow
in the Welfare Law Unit in 1981. Since
that time, Glazier has served in a variety
of leadership roles for LSEM including
co-managing attorney of the Housing Unit
from 1998 to 2005.
Joe Kopchick has joined the law firm of
Haar & Woods, LLP
as an associate, where
his practice will focus
on business litigation
and white collar
criminal defense.
Kopchick graduated
cum laude from
Harvard Law School
Kopchick
in 2011. Prior to
joining Haar & Woods, he was associated
with Goodwin Procter, LLP in Boston.
Williams Venker & Sanders LLC
(WVS) has
announced that the
Hon. Michael P.
David has joined
the firm effective
January 1, 2015 upon
his retirement from
Missouri’s 22nd
Circuit after 25 years
David
of distinguished
service. WVS is honored that such a
respected jurist would choose to begin the
next chapter of his career with the firm.
Judge David will add a new dimension to
the growing litigation practice, offering
his unique perspective into clients’ legal
needs. Besides adding immeasurable value
to the existing legal services, he will be
developing a mediation/arbitration practice,
bringing his vast experience in dispute
resolution to the entire legal community.
Polsinelli has selected two St.
Louis attorneys to lead its national
January 2015
Environmental
Practice. Shareholder
Chris Erker will lead
the group as chair,
and Shareholder
Jane Fedder will
provide leadership
through her role as
vice chair. Polsinelli’s
Erker
Environmental
attorneys work with
businesses, stakeholders and regulators
in understanding
the impact of
environmental
laws, regulations
and policies on
their clients, as well
Fedder
as shaping laws,
regulations and policies through advocacy
before federal, state and local lawmakers
and regulatory agencies. The group’s
environmental litigators both bring and
defend claims in state and federal courts
across the country, including courts
of Madison and St. Clair Counties in
Illinois. “We’re both very honored to take
on these leadership positions within our
firm,’ said Erker. “We have a very strong
national team of environmental attorneys
across the country and we work seamlessly
geographically to assist clients on what can
often be challenging and complex issues.”
Hillary Bean Schumaker, a partner
at Armstrong
Teasdale, has been
named director of the
firm’s Professional
Advancement of
Women Program
(PAW). The program,
founded in 1998, was
one of the first of
its kind in St. Louis
Schumaker
and has served as a
model for area law firms. PAW works to
promote and support the advancement
and inclusion of women in the workplace,
in the profession and in the community.
Schumaker will oversee efforts aimed
at creating a positive and supportive
environment for women lawyers through
mentoring, networking and educational
opportunities. Schumaker succeeds St.
Louis Partner Martha “Marty” Hereford. n
19
Levison Group
Traveling with the law of averages
This column is about Africa, lawyers,
and the law of averages. Lawyers think we
are pretty smart. That generally may be
true, but smartness
is an elusive thing.
Are you smart if
you anticipate your
opponent's argument
and have a case
ready to refute it (as
opposing counsel did
to me this morning)?
Are you smart if you
by Mark H. Levison,
make a lot of money
Partner, Lashley &
from your legal
Baer, P.C.
practice? Maybe you
are smart if you know how to structure
your life in a manner that results in you
being happy? There are probably a lot of
measures of "smart" and a question or two
about its overall value.
A few months ago, I went on an East
African Safari. The trip was designed by
me, and the tour group included a number
of trial lawyers. I cautioned my fellow
travelers to leave showy jewelry behind for
several reasons. First, we were constantly
moving from game park to game park, and
it would have been easy to leave something
on the night stand. Second, it didn't make a
lot of sense to increase the risk of criminal
activity. Finally, it
doesn't feel right
to look too rich in
countries where
most people look
awfully poor.
My wife and I travel a fair amount and
someday I will write a book about it. I
might title the book, Travels With A NonLinear Thinker. Lawyers, of course, are
quite rational, and exposure to irrationality
makes us itch. Before we left, Cheryl
insisted we hide our jewelry. I have a small
two foot by two foot safe. It's very heavy,
but I suppose with considerable effort it
could be picked up and carried away. The
big safe is five feet high and four feet wide.
We also have a wall safe. It's very cool and
old, although the fellow who put it in,
installed it so it protrudes four inches from
the wall. He apparently had not mastered
the concept of recessed wall safes hidden
behind a framed picture of apples. At any
rate, when we took off our wedding rings
I presumed we would put them in the big
safe. Cheryl was aghast at that thought.
There was no way she was going to put
anything of real value in our safes. She
explained that if we got burglarized our
safes would be the first place the thieves
would look! Sometimes I can't even speak
after hearing her logic. She just seems to
take my breath away.
Twenty one people were in the group
that was to head off to the so-called
'Forbidden Continent'. A few weeks
before departure date, there was a wellpublicized terrorist bombing in the
Westgate Shopping Mall in Nairobi.
The first time I traveled to Nairobi, its
population was 500,000. As one walked
along the streets, everyone greeted each
other with the salutation 'Jambo' or 'hello'
in Swahili. American cities were far more
dangerous than Nairobi. Since that time,
there has been dramatic population growth
in Nairobi, but the bombing and takeover
of the Westgate Mall, had little to do
with that problem. It was a terrorist attack
from the Somali terrorist group al-Shabab.
Dozens were killed and others taken
hostage. It was purportedly in retaliation
for Kenya sending its military into Somalia,
which was reportedly in retaliation for
al-Shabab's kidnappings and raids. When
our last night, eating dinner in one of our
luxurious game park lodges, the wait staff
came out dancing, singing African songs,
and carrying a birthday cake for an African
visitor at another table. After singing and
dancing, someone at the birthday person's
table cut a large portion of the cake into
small pieces and brought it to my group
of 19. I couldn't help thinking that the
chances of Americans cutting up a birthday
cake and bringing it to a bunch of complete
strangers visiting America was not very
likely. That simple gesture was a symbol of
the friendliness of the East African people.
I often say that when I am on the Savannah
in East Africa, it feels like I am standing at
the birthplace of man – because I am. One
senses the heart of creation beating just
below the red dirt. Somehow being in that
environment seems to center even the most
distracted among us.
Two of the lawyers on the trip were
married to each other. When Wendy first
suggested to Norm that they go to Africa,
his response was "[R]eally, why should we
do that when we have such a good zoo here
in town?" Norm very quickly learned that
when one is surrounded by the laws of the
jungle – the circle of life – it is a different
experience than seeing a lion pacing in a
concrete cage. It changes you.
When I saw
Norm after
returning home,
he told Cheryl
and me, "[I]n the
future, I am going
to travel more and work
less." As hard as lawyers work, my wife
works even harder. It worries me. There is
something about the atmosphere of East
Africa, however, that makes her relax.
She is much more laid back post-East
Africa, and she tells me it's permanent.
We'll see. Even though visiting a country
where travelers' warnings had been issued
didn't really scare me, I don't consider
myself stupid. Since there had been several
problems in malls, that was the one place
I told myself I would not go - but then I
left the battery charger to my video camera
at home. The only place to buy one was
Once you are into East Africa,
it is never forgotten.
20
only days before we were ready to embark,
there were problems at another mall, two of
the travelers pulled out. They were scared
and maybe for good reason, but not me.
The thought of being terrorized by
terrorists was too much for my macho
trial lawyer self-image. If the old Federal
District Court judges that were serving
their life appointments when I was a young
lawyer didn't terrify me, I certainly was not
going to be cowed by a bunch of al Qaeda
wannabes! Further, the appeal of East
Africa, the animals, the landscape, and
the people, simply overrode any potential
hesitation.
Once you visit East Africa, it is never
forgotten. Most people go for the animals
and then fall in love with the people. On
St. Louis Lawyer Continued on page 23...
© 2014 The Levison Group
BAMSL Legal Placement Service: Job Postings
The following positions are available at press time. To view current job openings, go to www.bamsl.org and click on “Career Center”. To apply for these job
opportunities, or to obtain additional information regarding BAMSL’s Legal Placement Service, call Jennifer A. Macke, Esq., Director of Legal Placement, at
the Bar Association office, (314) 421-4134, extension 3140. A resume may be emailed to [email protected].
ATTORNEY POSITIONS
St. Louis (downtown) based law firm with
a regional presence seeks a full-time medical
malpractice associate to join expanding
health law practice area. Qualified candidates
will have three to five years of experience
defending complicated high-exposure
medical malpractice cases.
Well-established St. Louis (downtown)
based law firm with a regional presence
seeks a full-time three to four year associate
to join the firm's expanding Wealth Planning
and Special Needs Planning Group. Qualified
candidates will have three to four years’
experience working with clients in handling
estate and wealth planning, probate and
trust administration, advanced tax planning,
special needs planning, guardianships, and
business succession planning. An LLM in Tax
is preferred along with Missouri and Illinois
licenses.
Mid-sized downtown law firm seeks
full-time corporate transactional associate.
Qualified candidates will have two to
five years of both real estate and general
corporate transactional experience. J.D. MO
license required.
PARALEGAL POSITIONS
Downtown plaintiff asbestos firm seeks
full-time paralegal to work with a bankruptcy/
settlement attorney. Paralegal will be
responsible for managing cases that involve
VA claims and liens. Qualified candidates
will have two-plus years of legal experience
- including experience handling liens. College
degree and/or paralegal certification required.
Well-established downtown firm seeks
full-time transactional paralegal. Qualified
candidates will have three to five years
of corporate transactional/real estate
experience. Paralegal degree and/or
certification required.
Growing plaintiff asbestos firm located
downtown seeks full-time experienced
litigation paralegal. Three-plus years of
full-scale civil litigation experience required.
Plaintiff background preferred. Candidates
with asbestos defense experience need
not apply - conflict. Paralegal degree and/or
certification required.
Small Chesterfield elder law firm seeks a
full-time estate planning paralegal. Position
focuses on estate planning document
preparation. Qualified candidates will have
two-plus years of estate planning experience.
Paralegal degree and/or certification
preferred. Competitive salary range. Limited
benefits.
Small trusts and estates law firm located in
Frontenac seeks a polished and professional
paralegal for a permanent part-time position.
Qualified candidates will have two-plus
years of experience in estate planning and/
or probate work. Proficiency in Microsoft
Office software is required; experience with
PCLaw a plus. Hours: two to four days per
week. Free parking. No benefits.
SUPPORT STAFF POSITIONS
Mid-sized downtown law firm seeks fulltime legal secretary. Position will support
three attorneys – two litigation attorneys, and
one corporate/real estate attorney. Qualified
candidates will have three to five-plus years
of experience – including both litigation and
transactional experience. 70 wpm ++. MS
Word. Outlook. ProLaw experience a plus.
Well-established mid-sized Clayton firm
seeks a full-time legal secretary. Position will
support both estate planning and litigation
attorneys. Qualified candidates will have
two-plus years of legal secretarial experience
- including exposure to estate planning
matters. 65 wpm ++. Word. Hot docs
experience a plus.
Small Creve Coeur law practice seeks
a permanent part-time legal assistant/
paralegal. Qualified candidates will have
two-plus years of legal assistant/paralegal
experience. Candidates with prior domestic
litigation experience will be preferred. Hours:
20 to 25 per week (flexible). No benefits.
Small downtown law firm seeks
permanent part-time legal secretary to
work for two attorneys primarily practicing
plaintiffs' personal injury litigation and
workers' compensation. One to two years’
experience as a litigation legal secretary
required. Injury-based litigation preferred.
Hours: 24 to 32 hours per week (some
flexibility). Paid holidays, pro-rated vacation,
and paid parking. No other benefits offered. n
Here's the inaugural roster of BAMSL 100% Club member firms*. Each of these firms have distinguished themselves by
having 100% of their St. Louis-based attorneys as BAMSL members. Congratulations and enjoy this prestigious status!
Brown & Crouppen, P.C.
Capes, Sokol, Goodman & Sarachan, P.C.
Gray, Ritter & Graham, P.C.
Lashly & Baer, P.C.
Lewis, Rice & Fingersh, L.C.
Ogletree, Deakins, Nash, Smoak
& Stewart, P.C.
The Simon Law Firm, P.C.
Polster, Lieder, Woodruff
& Lucchesi, L.C.
Sher Corwin Winters LLC
Rosenblum Goldenhersh
Schuchat Cook & Werner
Senniger Powers LLP
Uthoff, Graeber, Bobinette & Blanke
Weiss Attorneys at Law
*These firms were 100% at the time we went to press. There is
a possibility that other firms became eligible, but could not be
included in this list after that.
January 2015
21
Classified Advertising
LAWYER REFERRAL
Trademark Searches & Registrations
Copyright Registrations
Representing Law Firms Who Do Not
Have Their Own Trademark Attorney
Since 1983
Annette P. Heller, (314) 469-2610,
www.trademarkatty.com
Elder Law: Beyond Trusts & Estate
Planning
Edison Gaynor, LLC (314)378-1739
[email protected]. National
Academy of Elder Law Attorneys member.
OFFICE SPACE AVAILABLE
Edwardsville, IL Professional Office
Suite available January 1. Six offices
with new desks and file cabinets, private
entrance, security and video surveillance.
Media equipped training center, conference
room and much more. Contact Larry Lexow
at 618-692-9999 or [email protected].
Professional Class A office space
available 2 blocks from the St. Louis
County Courthouse in Bemiston Tower. This
partner-sized office (17’ 8” x 14’) runs along
the exterior of the building and has multiple
windows with a beautiful southerly view - a
perfect space for a solo law practice. Fullsize secretarial/paralegal station available as
well. This turn-key prime space includes a
comfortable and welcoming client waiting
area with legal secretary/receptionist, two
conference rooms available for use, kitchen/
break-room with full-size refrigerator,
dishwasher, and microwave, making
on-site staff or client lunches convenient.
Telephone/voice mail systems and
facsimile services included. Scanning and
copy services are also available. For more
information, please contact David Spewak at
(314) 862-3535 Ext. 221 or via email at dss@
stllawgroup.com.
SPECIALIZED SERVICES
Captured Investigative Agency
www.ciapi.info
314-392-3205 (24 hrs)
Lic# 2010010758
Pre-Settlement Funding
“Cash For Your Clients”
John Houseman
Kye Pietoso
314-374-7642
Rates for Classified Ads are $1.75 per word for
BAMSL members and $2.25 per word for nonmembers. There is a minimum $25 charge for all
ads.
Provide your ad in a Word.doc and you’re set! For
more information, or to place your Classified now,
please contact Jennifer Macke at (314) 421-4134
or [email protected].
Levison Group: Traveling with the Law of Averages continued from page 20...
in a fancy Nairobi mall. The rest of the
travelers in my particular safari vehicle
waited in the parking lot. I didn't doddle,
I did keep an eye out, and before visiting
the mall, I did a lawyer's analysis of the
situation. It went something like this: the
chances of a terrorist attack in this exact
mall during the same twenty minutes I
will be here is infinitesimal. If such an
attack occurs, the chances of me being
killed or taken hostage, as opposed to all
of the other people in the mall, is even
smaller. Finally, I thought to myself, if I
am killed, I won't remember anyway, and
if I am taken hostage, although it will be a
terrible experience, someday I can tell my
grandkids about it.
Finally, I concluded that the chances of
me being hurt in an automobile accident
while driving on the treacherous, thirdworld traffic roads of Nairobi was far
greater than being harmed in the mall. It
was a lawyer's rational analysis of one of
the most important laws of all - the law of
averages. By the way, they didn't have the
battery charger I was looking for. n
Please plan to join your colleagues on
Thursday, March 5, 2015
for a very special retirement dinner to honor
St. Louis Retiring Judges.
Please save the date. Location is yet to be determined, but you won't want to miss this opportunity to recognize the hard
work and dedication of these respected area judges. It's your opportunity to say farewell to a colleague.
22
St. Louis Lawyer 555 Washington Avenue Suite 100
St. Louis, MO 63101-1249