March, 2011 Volume 23, No. 1

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1 INFORMATION FOR THE MEMBERSHIP OF THE ASSOCIATION FOR WOMEN LAWYERS OF GREATER KANSAS CITY March, 2011 Volume 23, No BOARD OF DIRECTORS Shelley Ericsson President Mira Mdivani Immediate Past President Phyllis Norman President-Elect Athena Dickson Secretary Nikki Cannezzaro Treasurer Brandee Bower Assistant Secretary COMMITTEE CHAIRS & VICE CHAIRS Awards & Scholarship Courtney Hasselberg Elizabeth Lynch Judicial Molly Bartalos Amanda Pennington Ketchum Membership Jenny Redix Anne Schiavone Community Support Beth Murano Amber Steinbeck Social Activities Whitney Deacon Samara Zaman Continuing Legal Education Brianne Niemann L. Annette Griggs Golf Tricia Scaglia Elizabeth Tassi Members at Large Arimeta DuPree Kendrea White Ashley Robinson Megan Wiese AWLS Representative Katie Sarreshteh Executive Director Lori Maher PO Box Shawnee, KS (fax) lori@mahergroupllc.com President s Message Greetings AWL members! I hope this finds everyone well, enjoying the new year and looking forward to spring. I am Shelley Ericsson honored to serve as AWL s 2011 President and thankful to be surrounded by so many talented and successful women who comprise this year s AWL board (not to mention our fabulous Executive Director, Lori Maher). Thank you to all of the returning board members and a big welcome to those who are new we are very fortunate to have such a great group. This is my ninth year on the board and I can honestly say that each year of my involvement with this organization has been both professionally and personally rewarding. I am eternally grateful for the relationships I have developed over the years and the invaluable support and guidance from the many outstanding women with whom I ve had the opportunity to work. When I think of AWL, I think of not only the amazing connections and resources available to our members, but also of the many opportunities to make a difference in our community. As an organization, AWL has always endeavored to contribute to various charities throughout our community. As a regular attendee of AWL s social gatherings, you already know that every event has a designated charity. Over the years, we have partnered with great programs such as Sheffield Place, Sunflower House, Women s Employment Network ( WEN ), Friendship House, Komen Race for the Cure, CASA and Operation Breakthrough, just to name a few. We will continue to structure each social event with a worthy charity designee and hope that you will not only attend our 2011 events, but that you will continue to be generous towards our chosen charities. HIGHLIGHTS INSIDE NEW BOARD MEMBERS... 2 ANNUAL MEETING/HOLIDAY PARTY... 2 AWL ANNUAL AWARDS POSH NOSH... 5 JUDGE BURGER APPOINTED... 6 Yes, AWL s social events are always spectacular and well-attended, but we also want to be recognized for what we give back to our community and the opportunities we provide for our members who want to contribute to worthy projects, such as: Habitat for Humanity Harvesters Hope House Step Up (a national award winning program) Women Veteran s Stand Down Reading Across America AWL has taken big strides by establishing a public charity foundation, the AWL Foundation ( AWLF ), whose strategic plan is devoted to charitable purposes that will better the lives of women and girls. Just this year, AWLF implemented a new Practice Development Program targeting young female attorneys who want the opportunity to work under the guidance of more experienced attorneys. The advisors to this program include: Denise Henning, Tracy Bornman, Mira Mdivani, Susan McGreevy, Hon. Cindy Reams Martin, Tricia Sexton, Denise Drake and Annette Griggs. Ten new-to- (continued, page 10) AWL WOULD LIKE TO THANKS ITS 2011 Platinum Sponsors Husch Blackwell, LLP Langdon & Emison Lathrop & Gage LLP The Henning Law Firm, P.C. Gold Sponsors McCollum & Griggs, LLC Dysart Taylor Lay Cotter & McMonigle, PC Silver Sponsors Seyferth Blumenthal & Harris LLC Siro Smith Dickson, P.C. PHYLLIS NORMAN HONORED... 6 SOCIAL MEDIA AND THE PRACTICE OF LAW... 7 AWL CONNECTIONS... 8 GET INVOLVED WITH SHEFFIELD PLACE... 9 HENNING LAW FIRM... 10

2 2 MEET THE NEW AWL BOARD MEMBERS Arimeta DuPree is a trial attorney with the Missouri State Public Defender System ( MSPD ) in Kansas City. She has handled over 500 cases and tried numerous jury trials ranging from misdemeanors to murder in the first degree. She graduated from St. Teresa s Academy in 1996 then received her B.A. in Criminal Justice from Oklahoma City University in In 2003, she obtained her Juris Doctorate from Widener University School of Law in Harrisburg, Pennsylvania. While in Pennsylvania, Arimeta clerked for the Honorable Judge Doris A. Smith-Ribner of the Commonwealth Court. She was also employed by the Pennsylvania Office of General Counsel, the Pennsylvania Office of Attorney General, and the Pennsylvania Higher Education Assistance Agency. In 2004, she returned to Kansas City to begin her practice with the MSPD as a criminal defense attorney representing indigent persons who are criminally accused. Arimeta is an active member in St. Monica Catholic Church where she works with the junior youth group, is a Minister of Hospitality, and a Lector. Currently, she is on the Board of Directors with the Association for Women Lawyers, a participant with the Kansas City Metropolitan Bar Association Leadership Academy, a member of the Jackson County Bar Association, the Eastern Jackson County Bar Association, and an appointed Commissioner with the Planned Industrial Expansion Authority for the City of Kansas City, Missouri. Annette Griggs grew up near Clinton, Missouri but has spent her adult life in the greater Kansas City area. She finished her undergraduate degree at the University of Missouri where she graduated with honors and received awards for outstanding achievement in her graduating class. She then started law school when her daughter was four months old. After completing law school at the University of Missouri - Kansas City, Annette went into private practice working primarily with personal injury victims. Outside of the legal profession, Annette enjoys spending time with her husband, Gary, and their daughter, Emma. As a family they enjoy hiking, fishing and other outdoor activities. They are active in their church and numerous community and political organizations. Elizabeth Tassi will be serving on the AWL Board in 2011 as Golf Vice Chair. She is a registered patent attorney and member of the Intellectual Property & Technology Division at Stinson Morrison Hecker LLP. Elizabeth has experience prosecuting patents and trademarks, analyzing patents for infringement and freedom to operate opinions, drafting license and assignment agreements, and defending or enforcing patents, trademarks, and copyrights in court. Having been a maize genetic research assistant prior to law school, she is particularly interested in life science, animal health and chemical matters. Elizabeth volunteers with the Kansas City Volunteer Lawyers & Accountants for the Arts where she assists clients with their intellectual property matters on a pro bono basis. In her free time, Elizabeth enjoys running and recently completed her third marathon. Ashley Robinson is serving as AWL s Member at Large Public Relations. Ashley practices at Lentz Clark Deines, PA, where she represents debtors and other parties in bankruptcy and related matters. Ashley graduated from Fort Hays State University in 2004 and the University of Missouri-Kansas City School of Law in She currently serves as a board member on the Kansas Bar Association s Bankruptcy and Insolvency Law Section. She is also a member of the Kansas City Metropolitan Bar Association, Johnson County Bar Association and the American Bankruptcy Institute. Megan Wiese has been an Assistant Prosecuting Attorney for the Jackson County Prosecutor s Office since November In May of 2004, she obtained her J.D. from UMKC School of Law where she served as Vice-President of the Student Bar Association and as a Program Editor on The Urban Lawyer, law journal. Megan was also part of the UMKC National Trial Team and participated in the AAJ National Trial Competition as well as the Ellison Moot Court Competition. Megan graduated with her Bachelor of Science in Psychology from Truman State University in She is currently a part of the KCMBA Bar Leadership Academy for Megan is from St. Charles, Missouri. Kendrea White received her undergraduate degree in Sports Management and Juris Doctor from the University of Kansas. Her professional experience includes judicial clerkships for the Honorable Jon R. Gray and the Honorable Brian C. Wimes in the 16th Judicial Circuit of Missouri; as well as private practice in the areas of foreclosure defense, general civil litigation and complex litigation. She currently works as an Assistant City Prosecutor for the City of Kansas City, Missouri. Kendrea serves as the 2011 Governance At-Large Board member. AWL Annual Meeting/ Holiday Party a Great Event On Tuesday, December 14, 2010, Mother Nature decided to cooperate for a change and provided a perfect winter evening for everyone to gather at the home of Nancy and David Kenner for AWL s annual meeting and holiday party. We gathered not only to celebrate the holiday season together, but also to recognize many of our members for their outstanding contributions to the organization and our community throughout AWL was honored to present the Honorable Victor Howard with the Judge of the Year Award; the Woman of the Year award went to a very deserving Tamara Marler for her integral involvement with AWL s annual Step Up program. The 2010 President s Award was given to Sheryl Nelson, Beth Murano and Tricia Scaglia for their membership, Step Up and golf tournament contributions, respectively. The 2010 Firms of the Year award went to Langdon & Emison, Boyd & Kenter, and Humphrey, Farrington & McClain, all of whom sponsored AWL s many events in Finally, we conferred a new membership award to Baty, Holm & Numrich, P.C. for its support of AWL through its firm-wide membership efforts in Thank you once again for your continuing support of the Association for Women Lawyers. We look forward to seeing all of you at our events in 2011!

3 3 ASSOCIATION FOR WOMEN LAWYERS OF KANSAS CITY AWARDS 2010 Woman of the Year Award Tamara Marler Tamara Marler is a true unsung hero of the Kansas City judicial system. She has made a major contribution to the success of AWL s Step Up for Women pro bono program. As the Administrative Assistant to the Judges at Kansas City Municipal Court, Tamara has worked tirelessly to make sure the program is well run, she has met with AWL representatives, made great suggestions on how the program should be organized, has served as a liaison between AWL volunteers and the judges, and coordinated participant records. Thanks to her involvement and tireless work on the AWL Step Up Program through the years, the 2010 Step Up was well-organized, and allowed for efficient delivery of pro bono services to those in need. Tamara has worked as an administrative professional for 25 years, working primarily as a Legal Secretary/Assistant for various firms and government entities. She served on active duty for six years with the Army as both a Supply Clerk and Switchboard Operator early in her career. After moving from Boise, Idaho to Kansas City, Missouri in August 2008, she began working for the Municipal Court and became involved with the annual AWL Step Up event. She also spearheads the court s involvement with the annual Stand Down court event. Ms. Marler played an active role in the formation of the new Veterans Treatment Court at Municipal Court and continues to be a participating member of that specialty court team. Additionally, Ms. Marler is a member of the International Association of Administrative Professionals and is active within that organization as a member-at-large. Ms. Marler is an accomplished cellist and has performed with the Heritage Philharmonic in Independence, Missouri. She also records with Prometheus Unbound, an instrumental ensemble in Kansas City, Missouri. Prior to moving to Missouri, she owned and operated a farm in Canyon County, Idaho. Tamara has three children and lives with her partner and youngest son in south Kansas City. In short, Tamara Marler is all-around fabulous, and we are thrilled to celebrate her as the 2010 AWL Woman Left to Right: of Mira the Year! Mdivani, Nancy Kenner, Hon. Laura Stith 2010 Judicial Recognition Award Hon. Victor C. Howard AWL is proud to name The Honorable Victor C. Howard as our 2010 Judge of the Year. When asked about AWL, Judge Howard remarked, I have the utmost respect for AWL and have valued my participation in the Association s events over the years. Not only does AWL advance the role of women in the legal profession but also is committed to assisting and mentoring the less fortunate in our community. Judge Howard received a Bachelor s of Science from CMSU and a JD from UMKC School of Law. He was appointed to the Clay County Circuit Court in 1993 by Governor Mel Carnahan. In 1996, he was appointed by Governor Carnahan to serve on the Court of Appeals in the Western District of Missouri, where he remains today. This year, he was named by Missouri Lawyer s Weekly as Missouri s Best Appeals Court Judge in the Western District. Judge Howard is an avid supporter of AWL and is frequently seen at our socials, golf tournaments and other activities. Rumor has it he has AWL to thank for his beautiful wife Missy, as they met at an AWL function. We re very proud to have Judge Howard at our events and we thank him for his great support. Congratulations to our 2010 Judge of the Year! 2010 President s Award Beth Murano Beth Murano s leadership as the 2010 co-chair of the Membership Committee and the Step Up for Women event deserves special recognition. Both the 2010 Membership Drive and the 2010 Step Up owe their success, in large part, to Beth s vision, hard work, and dedication. Beth has served on the AWL Board in various roles, bringing unflinching work ethic, organizational skills, and the ability to work with others, to each of the projects with which she has been involved. Beth has the distinction of being the first woman to serve as the City Prosecutor for the City of Kansas City, Missouri. She joined the office as an assistant prosecutor in 1997 after receiving her law degree (with honors) from Drake University. Beth is a member of both the Missouri and Iowa bars. In addition, Beth has taught as an adjunct professor and lectured on various legal topics. She has been a peer reviewer for the U.S. Department of Justice Office of Justice Programs. Beth is currently a member of the Missouri Municipal and Associate Circuit Court Prosecutors Association. She also serves on the Bridges Advisory Board, a program for homeless people who continually come into contact with the criminal justice system. Beth s past affiliations include KCMBA, YouthFriends, City in Motion Dance Theater, Inc., Committee for County Progress and Kansas City Progressive Women Coalition President s Award Sheryl Nelson Sheryl Nelson practices in the area of commercial law with the Corporate Counsel Group LLP, with an emphasis in general corporate and business law. She graduated in 1990 from the Washburn University School of Law, cum laude, and has been a practicing corporate lawyer in Kansas City ever since. Sheryl has served on the AWL Board since She has chaired and co-chaired the AWL s Membership, Community Support, and Member Benefits committees. Sheryl volunteered on numerous AWL projects, such as the AWL Step Up, CLEs, the AWL Golf Tournament, and Habitat for Humanity. Together with her Membership Co-Chair Beth Murano, Sheryl has lead a vigorous 2010 AWL membership campaign, resulting in a considerable increase in our membership. In addition to giving her time and her leadership skills to AWL, Sheryl has consistently advised the AWL Board on board governance matters.

4 4 ASSOCIATION FOR WOMEN LAWYERS OF KANSAS CITY AWARDS, cont President s Award Tricia Scaglia Tricia Scaglia of the Scaglia Law Firm, LLC chaired the 2010 AWL Golf Tournament Committee. This year s Committee had more than fifteen (15) members and raised more than $16,000 for AWLF. Together with Angela Nadler, Mary Weir and Susan Szczucinski. Tricia was instrumental in the development of the AWL- Hope House Pro Bono Pilot Program. This project provided training to AWL members to provide pro bono legal services for victims of domestic violence. Tricia s firm was also a Silver sponsor for AWL in Tricia practices primarily in the area of family law, frequently serving as a Guardian Ad Litem and mediator. She also handles family law appeals and has appeared before the Western District, Eastern District and the Missouri Supreme Court. She is currently the President- Elect for the KCMBA Family and The Law Section, past chair of the KCMBA Family Law Committee and a member of the Jackson County Circuit Court Family Court Committee. She is a co-chair of the Missouri Bar Family Law Section and chair of the Missouri Bar Annual Family Law Conference. Tricia serves on the Missouri Supreme Court Committee for Access to Family Court. Tricia received her Juris Doctor from the University of Missouri-Kansas City and dual degrees of Bachelor of Journalism and Bachelor of Arts from the University of Missouri-Columbia. She served as law clerk to the late Honorable Kelly J. Moorhouse, Sixteen Judicial Circuit Court of Missouri and to the Honorable Robert E. Larsen, Unites States District Court for Western District of Missouri. Tricia was a 2008 KCMBA President s Award recipient and a Best of the Bar Recipient for 2009 and Congratulations, Tricia for this well-deserved award and thank you for all of your outstanding contributions to AWL! 2010 Firms of the Year Award Langdon & Emison LANGDON & EMISON represents clients nationwide who have been injured or lost a loved one due to a defective product or the negligence of another party. The firm regularly obtains maximum compensation to which a plaintiff is entitled from a wide variety of cases, including motor vehicle accidents, pharmaceutical and medical device litigation, and several other areas of practice. Langdon & Emison is committed to the principles and heritage of AWL. In 2010 the firm was a Platinum Sponsor of the organization, while Phyllis Norman served as its Secretary (and will serve as President Elect in 2011). All attorneys at the firm are AWL members, and in 2010 were involved in the AWL golf committee, fundraising efforts, Hope House Pilot Project, Step-Up and many of the association s social events. Boyd and Kenter, P.C. BOYD & KENTER is being recognized for its support of AWL. The firm has not only been a generous supporter of AWL projects, but has been represented on the AWL Board by one of our most involved and productive members, Brianne Niemann. Since 1983, the attorneys of Boyd and Kenter, P.C. have exclusively represented victims of personal injury and the interests and welfare of injured workers and their families, primarily handling Missouri and Kansas Workers Compensation claims. Boyd & Kenter, P.C. has also consistently garnered an AV Rating from Martindale-Hubbell s Peer Review process, the highest possible rating that can be attained, and which less than 5% of all active attorneys ever receive. Humphrey, Farrington, McClain, P.C. AWL recognized HUMPHREY, FARRINGTON & McCLAIN, P.C. for the firm s general support of our projects. HFM has been providing excellent legal services to its clients for more than forty years. It is a firm of firsts, winning the first asbestos property damage school lawsuit in the nation, achieving the first tobacco verdicts in Kansas and Missouri and the first verdict for a worker exposed to butter flavoring. HFM pioneered butter-flavoring litigation across the nation. The firm has represented hundreds of workers exposed to the chemical found in microwave popcorn butter flavoring (diacetyl) and has been awarded verdicts and negotiated settlements in excess of $150 million on behalf of these clients. In addition to the toxic exposure practice, HFM also represents victims and families of those catastrophically injured or killed in trucking accidents. The firm has been awarded verdicts of more than $40 million for these clients. The firm has always and continues to represent local and regional clients with traditional business, estate planning, tax and probate issues, as well as school districts and local governments. It is the balance of understanding and meeting the everyday needs of clients and being a fierce advocate for the injured that make HFM the unique and formidable firm it is Membership Award Baty, Holm & Numrich, P.C. Baty, Holm & Numrich, P.C. is a Kansas City-based law firm with offices on the Country Club Plaza and in Springfield, St. Louis and historic Shawnee, Kansas. The Firm specializes in civil litigation, workers compensation and business law and represents clients in Missouri, Kansas and Illinois. Several of the Firm s 20 attorneys have been recognized as Best of Bar, Super Lawyers and Rising Stars. Of the Firm s 19 KC Metro attorneys, seven are AWL members. We thank Baty, Holm & Numrich for its support of and commitment to AWL and its mission by encouraging membership in our organization.

5 5 2nd Annual AWLF Posh Nosh Launches New Program at the Kemper Museum The Association for Women Lawyers Foundation ( AWLF ) launched its new Practice Development Program to provide practical advice and guidance to woman lawyers in developing the skills to produce a profitable law practices. The event was held in the beauty and grace of the Kemper Museum. The event was a tremendous success, thanks in large part to the event sponsor; Metzler Bros. Insurance, business sponsors, sustaining members, founding members and to the event s numerous attendees. AWLF is the charitable arm of AWL (Association for Women Lawyers). The mission of AWLF is to support and assist women in the legal profession and women in general. All charitable funds raised will be distributed through a grant process to support and assist women in the legal profession. AWLF also seeks to reengage women who have served on the AWL board in the past by channel ing their experience into leadership roles within the Foundation. Board members include Nancy Kenner, Janeen devries, Tracy Bornman, Vickie Schatz, and Denise Henning. This is just one of many projects AWLF will be supporting this year in an effort to advance its mission to sup port and advance women lawyers. Denise Henning announced the names of the inaugural AWLF Practice Development Program for 2011 Megan Bray Leila Shea Christensen Nicole Fisher Lauren Horsman Thyannda Mack Jessica Madrid Kelly McCambridge Anemarie Mura Julie O Dell Angie Williams AWLF THANKS BUSINESS SPONSORS D & B Legal Services, Inc. Flourish! Magazine Langdon & Emison Lead Bank/Lead Bank Capital, LLC TranslationPerfect.com UMKC Bloch Executive MBA Your Wellness Connection AWLF THANKS FOUNDING MEMBERS Baty, Holm & Numrich, P.C. Tracy L. Bornman Shirley Goza Denise Henning Nancy Kenner The Mdivani Law Firm, LLC Thornberry, Eischens & Brown, LLC Teresa Woody Badger & Levings, LC The Honorable Margene Burnett devries & Associates, P.C. Franke Schultz & Mullen, P.C. Annette Griggs Penni Johnson Levy & Craig The Honorable Sandra Midkiff Susan Robertson Vickie Schatz Holman Schiavone, LLC Sue Sprerry Megan Thornberry Nikki Cannezzaro Cathy Dean Margaret Dean The Honorable Justine Del Muro Kim Fournier Fox, Stretz and Quinn Lisa Gentleman Phyllis Norman The Honorable Christine Sill- AWLF THANKS SUSTAINING MEMBERS Tracy L. Bornman, P.C. Denise Henning Nancy Kenner Eryn Peddicord McCollum & Griggs, LLC Shirley Goza Theresa L. F. Levings Susan McGreevy The Honorable Sandra Midkiff Susan Robertson Holman Schiavone LLC The Honorable Margene Burnett Nikki Cannezzaro Cathy Dean Margaret Dean devries & Associates, P.C. Fox, Stretz and Quinn The Mdivani Law Firm, LLC Phyllis Norman-Komoroski Vickie Schatz The Honorable Christine Sill-Rogers Sue Sperry

6 6 Judge Karen Arnold-Burger appointed to Kansas Court of Appeals The Kansas Court of Appeals met in special session on Friday, March 4, 2011 to swearin Judge Karen Arnold-Burger as the newest member of that Hon. Arnold-Burger court. Judge Arnold-Burger was presented to the Court of Appeals by Judge Janice Miller Karlin, Topeka, a federal bankruptcy judge for the U.S. District Court of Kansas. The Honorable Karen Arnold-Burger was appointed to the Kansas Court of Appeals by former Gov. Mark Parkinson to fill the vacancy created by the retirement of Chief Judge Gary W. Rulon. Prior to her appointment, Judge Arnold-Burger served as presiding judge of the Overland Park Municipal Court since 1996, and was a member of that court since Judge Arnold-Burger served as First Assistant City Attorney for the City of Overland Park before accepting a position as an Assistant U.S. Attorney in Kansas City, Kansas, prior to her appointment to the city court. Judge Arnold-Burger has served as President of the Johnson County Bar Association, the Kansas Municipal Judges Association, and the Earl E. O Connor Inn of the Court. She currently serves on the Executive Board of the NCSCJ, a section within the Judicial Division of the American Bar Association. She has been an adjunct faculty member of the National Judicial College since 2000, and was elected by her fellow faculty members to serve on the Faculty Council beginning in She is a graduate of the Institute for Faculty Excellence in Judicial Education at the University of Memphis and is a frequent presenter at judicial programs nationwide. In 2006, she was awarded the Justinian Award for Professional Excellence by the Johnson County Bar Association, an award given annually to an attorney who exemplifies integrity, service to the community, and service to the legal profession. Judge Arnold-Burger is a 1979 graduate of the University of Kansas and a 1981 graduate of KU s School of Law. AWL Celebrated Lucy Weber s Life with a Balloon Release on December 8, Thanks to All for Attending and Thank You to Party America for Donating 75 Purple Balloons. Phyllis Norman Earns Statewide Honor Congratulations to Phyllis Norman from Langdon & Emison in Kansas City, for being selected to receive the Women s Justice Rising Star Award Phyllis Norman from Missouri Lawyers Media. This is awarded to women lawyers 40 years old and younger or within the first 10 years of practice who have already made a difference in the justice system or the profession and who appear on a path toward even greater accomplishment. The Women s Justice Awards recognize women across the state of Missouri who have demonstrated leadership, integrity, service, sacrifice and accomplishment in improving the quality of justice and furthering the highest ideals of the legal profession. The awards reach out to women in various segments of our community, including the bar, the bench, public office, civil service, business, academia, non-profits and the state-at-large. Phyllis will accept this award at an elegant reception and presentation on April 27 at the Four Seasons Hotel in St. Louis, Missouri. SAVE THE DATE ASSOCIATION FOR WOMEN LAWYERS & KANSAS WOMEN ATTORNEYS ASSOCIATION v. HUNGER YOU ARE HEREBY SUMMONED to join the legal community in participating in food from the bar, a donation drive to fight hunger. From april 18 through may 13, 2011, donate canned goods, cereals, peanut butter, or online at Harvesters.Org. Failure to respond will result in 1 in 4 children continuing to go hungry, elderly and families remaining in need, and our local food bank shelves going empty. Join the challenge to fight Hunger with the Food from the Bar month-long effort to raise food donations and money for HARVESTERS, CROSS-LINES AND BLUE VALLEY food pantries. For every $1 donated, food banks typically can distribute food for up to 4 meals. Your community desperately needs your participation in Food from the Bar. The demand for food assistance threatens to strip our food banks shelves. Please join us in raising funds, donating food, and volunteering your time. CONTACT: Beth Murano (816) bmurano@kc.rr.com or Amber Steinbeck (816) amber.steinbeck@ huschblackwell.com to pledge your firm or business.

7 An Update On The Intersection Of Social Media And The Practice Of Law by Brett Emison Langdon & Emison The Wall Street Journal recently reported something many Missouri attorneys have seen first-hand in their practice over the past year or so: The world of social media is having an increasingly large role in litigation. 1 Examples include lawyers who utilize Facebook to find Brett Emison out about potential jurors during jury selection as well as divorce lawyers who use information in social media posts to extract higher alimony payments from indiscreet spouses. Social media s growing popularity results in many more people who blog or Tweet about their own legal imbroglios, either from inside or out of the courtroom. 2 The social media waters will only get more treacherous for legal counsel. Recent statistics show that 394 million globally watch video clips online; 346 million regularly read blogs; 160 million users subscribe to RSS feeds,3 and, early next year, Facebook will register its 600 millionth user.4 Attorneys should understand the potential pitfalls to these growing trends when representing individuals who consider themselves media-savvy and also understand ethical limitations on attorneys who wish to use new media tools to communicate with potential or existing clients. Potential Pitfalls Lawyers who use social media sites for research need to be aware of potential ethical traps. As the ABA Journal summarized in its February 2011 article on the subject, 5 ABA Model Rule 4.2 forbids communication with a person represented by another attorney, and this sometimes prohibits access to social media posts. If a social media post is publicly available like a blog or an ordinary webpage an opposing attorney can access the post, according to the reasoning of the Oregon State Bar Association in Opinion No (August 2005). That opinion declared a lawyer could visit the website of an opponent represented by counsel; it was the same as reading a magazine article... written by that adversary. The attorney was simply reading information posted for general public consumption... not communicating with the represented owner of the website. Lawyers utilize social media in the quest for information about parties in a lawsuit, witnesses, and jurors. They also look for information that either corroborates or undermines their client s case. Some lawyers may try to identify and interact with potential clients. The growing social media phenomenon has raised a number of ethical issues including the investigation of witnesses or opposition using social media tools, friending of judges, and online solicitation of clients. Missouri Rule and Social Media While it is true that simply visiting a public website would not normally be considered prohibited communication under the Rules of Professional Conduct, writing an , wall post, or online chat is prohibited. Rule states that In representing a client, a lawyer shall not 7 communicate about the subject of the representation with a person the lawyer knows to be represented by another lawyer in the matter, unless the lawyer has the consent of the other lawyer or is authorized to do so by law or a court order. Rule applies to communications with any person who is represented by counsel concerning the matter to which the communication relates. But if that matter is broadly defined, an online conversation that was intended to comply with this guideline can fall short. And, it is worth noting that Rule applies even if the attorney did not initiate or consented to the communication. In these cases, (a) lawyer must immediately terminate communication with a person if, after commencing communication, the lawyer learns that the person is one with whom communication is not permitted by this Rule An attorney who is unsure whether a communication with a represented person is permissible may seek a court order. For situations where a normally prohibited communication is deemed necessary, a lawyer can also seek a court order to have that exceptional circumstance authorized. Social Media and the Appearance of Impropriety Social media may raise ethical issues where lawyers have friended judges on social media sites. Florida s judicial ethics committee last year recommended that judges refrain from friending lawyers who appear before them, to avoid giving the impression they have special status. 6 And the Canadian Bar Association recently released new guidelines for lawyers on advertising, including using social media. 7 The document warns lawyers that the normal rules apply, and states that Facebook and Twitter are particularly dangerous. 8 Online friendships between lawyers and judges may also have practical pitfalls. A Texas lawyer asked Judge Susan Criss for a trial continuance because of the death of her father. 9 However, the lawyer had posted a series of Facebook updates detailing a week a drinking and partying while she was supposed to have been grieving. 10 Social Media and Client Solicitation Increasingly, attorneys are using social media, online forums, and web ads, to identify and interact with potential clients. From a national perspective, the American Bar Association s Model Rules of Professional Conduct reflect this growing trend. Rule 7.3 (Direct Contact With Prospective Clients) includes interactive media by stating that (a) lawyer shall not by in-person, live telephone or real-time electronic contact solicit professional employment from a prospective client when a significant motive for the lawyer s doing so is the lawyer s pecuniary gain( ) The ABA has also added the electronic communication facet to its instructions about properly labeling advertising material, in Rule 7.3(c): Every written, recorded or electronic communication from a lawyer soliciting professional employment from a prospective client known to be in need of legal services in a particular matter shall include the words Advertising Material on the outside envelope, if any, and at the beginning and ending of any recorded or electronic communication( ) In September 2010, the ABA s Commission on Ethics 20/20 began soliciting comments regarding potential regulations governing attor- Continued...

8 8 Social media and the practice of law, continued ney use of internet-based client development tools. 11 The commission is examining ethical issues arising out of four common online client development tools: (1) social and professional networking services (Facebook, LinkedIn, Twitter, etc.); (2) blogging; (3) pay-per-click advertising, and (4) lawyer websites. 12 The Commission noted fundamental questions about the extent to which the Model Rules of Professional Conduct can and should apply to lawyers use of online client development tools. 13 The Commission s goal is to identify those areas of uncertainty and offer proposals to clarify attorneys ethical obligations consistent with First Amendment protections. The Commission s solicitation of comments is of importance to attorneys utilizing social media as standards developed by the Commission must appropriate divide the blurred lines between pure solicitation and protected speech and commentary associated with legal blogs and other online commentaries. Missouri s Rule deals with (a) In-person solicitation ; and (b) Written Solicitation. However, it is less clear what role Rule plays with respect to online client contact using social media. Attorneys should be mindful of the Rule s solicitation requirements when attempting to contact potential clients online. Social media can be a powerful resource in the practice of law. However, attorneys must be mindful of its limitations and potential perils. 1 Ana Campoy and Ashby Jones, Searching for Details Online, Lawyers Facebook the Jury, Wall Street Journal, February 22, Jonathan D. Glater, Financial Crisis Provides Fertile Ground for Boom in Lawsuits, The New York Times, October 18, Universal McCann s Wave 3 report, July 2009, bitecp.com/wave4/wave4.pdf 4 Tim Bajarin, Why Facebook will continue to grow, PC Magazine, October Steven Seidenberg, Seduced: For Lawyers, the Appeal of Social Media is Obvious. It s Also Dangerous, ABA Journal, February Los Angeles County Bar Association, En Banc blog item, Judges on Facebook, April 5, judges-on-facebook.html 7 Jeff Gray, Facebook pokes the limits of personal-injury law; Insurance companies fight for greater access to online data that might prove plaintiffs aren t as helpless as they claim to be, The Globe and Mail, March 3, Ibid. 9 Molly McDonough, ABA Journal, Facebooking Judge Catches Lawyer in Lie, Sees Ethical Breaches, July 31, 2009, com/news/article/facebooking_judge_catches_lawyers_in_lies_crossing_ ethical_lines_abachicago/ 10 Id. 11 ABA Commision on Ethics 20/20 Working Group on the Implications of New Technologies, For Comment: Issues Paper Concerning Lawyers Use of Internet Based Client Development Tools, Sept. 20, 2010, legalethicsforum.com/files/letterhead-client-development-issues-paperfinal pdf, at Id. at Id. at 11. Kendrea White and Susan Robertson enjoying an AWL Connections event. AWL CONNECTIONS PROGRAM KICKS OFF ITS THIRD YEAR In January 2009, the AWLF Connections Program was born in the wine tasting room of the Cellar Rat, where mentors and mentees met one another for the first time. Goals were set, meetings and agendas were planned, and friends were made. Initially, the program was supposed to last only a year, with a new crop of mentors and mentees taking the reins in However, the 2009 Group was such an overwhelming success that it continued on its own voluntarily. The program is growing, now with three Connections groups. To celebrate the initiation of the 2011 Group, as well as to celebrate the respective anniversaries of the other groups, Connections returned to the Cellar Rat to kick off another great year. To keep us all on track, AWLF hired Karan Garrison to plan, monitor, and coordinate all the Groups events throughout the year and she s already doing an exemplary job! The 2009 and 2010 Groups simply switched up mentors and mentees, while the 2011 Group was matched up for the first time. There were also a lot of milestones to celebrate. Some women had gone out on their own into solo practice, switched careers, were appointed to Boards and judgeships, won awards, and discovered the joys of motherhood. Indeed, the 2009 Group turned their January meeting into a baby shower for Jennifer McAdam, who was due to give birth to her first child in February. All these milestones proved one very important thing: Connections was ultimately about celebrating all of the accomplishments enjoyed by female attorneys and nurturing all of the big moments in a woman s life. The women in Connections are diverse, practicing in a wide variety of areas in different types of firms. They represent a wide range of goals. Some women wanted to find more work-life balance. Others wanted to have their first jury trial. Still others wanted to explore nontraditional careers. Women attorneys face unique challenges and decisions, and with the support and encouragement of the Groups, many of us have found the courage to break the chains of tradition and find our own unique path in the legal profession and in life. (continued, page 9)

9 Get Involved! Sheffield Place Welcomes You Sheffield Place commemorates twenty years of service in With a mission to empower homeless mothers and their children to heal from their trauma and help them become self-sufficient, the agency has served more than 560 families at the shelter located at 12th and Bennington in Kansas City, Missouri. The conditions in society that led to the agency s founding homelessness among mothers and children in our community have not abated, but rather intensified in recent years. An estimated 20,000 people are homeless in Kansas City at some point during the year. One-third of those people are homeless mothers and their children. The average family at Sheffield Place is headed by a 29 year old mother who left school in the 11th grade. This mother has two children under the age of five. The family has been homeless at least once in the past. The family receives assistance through Temporary Assistance to Needy Families and health coverage through Medicaid or MC+. Sheffield Place served 20 families like this one, including 43 children, over the past 12 months. Sheffield Place is the only homeless agency in the community that focuses exclusively on the needs of homeless mothers and children. All programs residential, Adult & Children s Clinical Services, 7-Step Empowerment, and Health Care Services are designed to help the families recover from the severe, continuous, and chronic trauma of their lives. All programs are offered on-site where the families live, and families may stay at the shelter for up to 24 months. Sheffield Place is grateful for the long-term partnership of local foundations, corporations, individuals, and organizations like the Association for Women Lawyers as we carry out our work. For many years, the AWL members, both collectively and individually, have supported Sheffield Place and the families we serve at the holidays and throughout the year. AWL members have served on the Sheffield Place board and many of them have led the organization as President of the Board of Directors, including the Immediate Past President, Margene Burnett. The support of AWL during the 2010 holiday season has made an important difference in the lives of the families who call Sheffield Place home. The annual AWL holiday party collected nearly $1500 in checks, cash, and gift cards in addition to toys and other items. Ginny (not her real name) is a mother who completed the program at the shelter and continues to receive services at Sheffield Place. Ginny and her son received gifts and gift cards through the support of community partners, including AWL, this holiday season. Her story provides a powerful example of the effectiveness of services at Sheffield Place: Sheffield Place welcomes the opportunity to provide tours of the facility for members of AWL. For more information, please contact David Hanzlick, CFRE, Vice President for Development & Marketing, at dhanzlick@sheffieldplace.org or call x13. I just want to thank you [for all you did for me and my son] at Christmas. I truly appreciate it. 9 I m a recovering addict that spent 15 years in drugs and prostitution. When I found out I was pregnant with Jamie, I wanted to change my life. I lived at Sheffield Place the first year learning how to be a parent and living life sober.... I am so truly grateful for having people help me. I ve been clean and sober for almost 6 years and couldn t have done it without people helping me and supporting me in my parenting and sober living. Jamie is now in kindergarten and I am pretty much selfsufficient. I just wanted to say thank you. Ginny Connections Program, continued... The common theme that kept coming up again and again among each group was how beneficial the trust was that was built between mentors and mentees. Additionally, mentors had come to the program expecting to give, but ended up receiving just as much in return. I m starting to see the benefit of taking my own advice, Mira Mdivani told the 2009 group. On behalf of all the Connections members, I would like to extend a mountain of gratitude to AWLF for making this program possible. The friendships and relationships that have been forged are lasting, the lessons that have been learned have paved the way to success, and the openness extended by each Group has created an environment where each woman can find a unique way to flourish. We wish the 2011 Group even greater success and look forward to another outstanding year. Stay tuned AWL will be walking with Team Lucy in the CureSearch Walk for Children s Cancer Research which will be held on April 30 at Arrowhead Stadium and we d love to have our members show up in full force! The slogan on the Team Lucy shirts is Little Lucy Goosey, we re pulling for you! Let s pull FOR Lucy - on her behalf - and keep her legacy going by supporting children s cancer research! Here is the link to the Team Lucy page on the CureSearch website: CureSearch Walk: Team LuCcy page If you do not have a Team Lucy shirt and would like one for this event, please jillchalfie@yahoo.com by April 1. Shirts are $10 each. We really hope you ll join us to pull FOR Lucy!!

10 10 AWL Platinum Sponsor Highlight: The Henning Law Firm At The Henning Law Firm, P.C., two ideas are behind everything that Denise Henning and her team does: 1) providing exceptional service to clients and 2) working harder and smarter than opponents. Returning phone calls, communicating with clients about the status of their case, and preparing every case with the same meticulous attention to detail are imperative aspects of that philosophy. Denise Henning The Henning Law Firm, P.C., represents plaintiffs who have been victims of personal injury, wrongful death, and transportation-related injuries such as tractortrailer accidents and highway defects. They have a proven track record, including an eight-figure confidential settlement for the victims of a semi-truck collision on I-70 that resulted in lifethreatening injuries to three of their clients and the deaths of four other motorists; an $8 million verdict against a California trucking company whose driver ran over a 23-year-old man near Lone Jack, Mo.; a $6 million arbitration award for the family of a physician who was killed while trying to offer aid to a motorist who was involved in an accident; an arbitration award of $3.5 million for the family of a father and son who died when their vehicle hit a defective guardrail; and a $2.25 million settlement for the mother of a young man who was working at the Triumph Foods plant in St. Joseph, Mo., when an explosion occurred resulting in his death. The Henning Law Firm, P.C., works on a contingent fee basis. The firm advances the expenses required to prepare cases for settlement or trial and then is paid a percentage of the recovery. Expenses include the costs of expert witnesses, depositions, investigation, medical records, and trial preparation. In a semi-truck case or a wrongful death case, it is not unusual to spend $100,000 or more to advance the case to serious settlement negotiations or trial. The injured people and the families represented by The Henning Law Firm, P.C., have experienced a catastrophic tragedy and could never hire a lawyer on an hourly basis to represent them. Denise and her team believe in helping others by leaving no stone unturned as they prepare their clients cases for trial. They are zealous advocates for their clients. They are persistent and stubbornly unyielding, while remaining professional and ethical. Many defense firms have underestimated the might and the tenaciousness of The Henning Law Firm, P.C. They work hard and smart. They pick their battles wisely, fighting only those that bring the most reward to the client and their case. Often, they are the only one fighting in their clients corner to make certain the client receives the compensation they deserve for injury or death. Being so tenacious has proven to be one of their greatest assets both in and out of the courtroom. AWARDS The Henning Law Firm has accumulated a long list of accolades for their work, including: AV rated by Martindale-Hubbell (highest rating) Women s Justice Award, Trial Practitioner, 2010 KCMBA Solo and Small Firm Practitioner of Distinction, 2010 Midwest CEO Magazine, Most Influential Women, 2009 KC Small Business magazine, 25 Under 25 Award, 2009 Super Lawyers Award, Super Lawyers Top 50 Women Lawyers in Missouri and Kansas, Super Lawyers Top 50 Attorneys in Kansas City, Kansas City Legal Secretaries Association Boss of the Year Award, 2009 Thomas J. Conway Trial Lawyer Award recognizing excellence in trial and professionalism, 2006 Daily Record Legal Leader, 2006 Kansas City Business Journal Best of the Bar in Kansas City, Association for Women Lawyers Woman of the Year Award, 2004 Kansas City Business Journal, Women Who Mean Business Award, 2003 Association for Women Lawyers President s Award, 2000, 2002, 2007, 2009 Lon O. Hocker Award, Missouri Bar Foundation for outstanding trial skills, 2002 Denise Henning and her team work every day for one common cause: To give their clients the highest caliber representation possible. If you have been involved in a serious accident or suffered a catastrophic injury, The Henning Law Firm, P.C. is the firm to call. President s Message, continued from page 1 the-practice female attorneys selected through an application process will have the good fortune to work with this group of talented and generous women throughout the coming year. Stay tuned for reports on the progress of this group. In 2009, AWL launched an attorney development program, AWL Connections, that continues to grow in leaps and bounds. The program, which pairs mentors with mentees, has been so successful that the 2009 and 2010 groups have switched mentee/ mentor partnerships and continue to meet as a group and one-on-one (mentor/mentee) every other month. A big thanks to Karan Garrison and the Henning Law Firm for continuing to coordinate this program. In 2011, AWL will continue to bring its members together through great events such as the Judicial Reception (scheduled for March 22 at Boulevard Brewery), summer socials (stay tuned for details), and the Past Presidents Reception this fall. We are also planning our annual I m Not Serious About Golf golf tournament, which, true to its name, focuses not on one s golf game, but on meeting others, having a good time, and raising money for AWLF s charity ventures. We are also planning an all-day conference this year, filled with great CLE programming, a speaker over the lunch hour, and a reception the same evening. We hope to make this an annual event where our members can not only obtain CLE credits, but also have the opportunity to socialize and help us honor AWL s past presidents. Our website will be updated with details as they become available: We are very excited about the direction in which AWL is headed and hope that you will continue to be actively involved and encourage those who are not members to check out what we have to offer. We are planning another fabulous year and look forward to seeing you at our events and community service projects. As always, thank you for your continued support of and dedication to AWL. DO YOU HAVE NEWS TO SHARE? If you are an AWL member and would like to share information or write an article for the LINK, contact Athena Dickson, adickson@sirosmithdickson.com. AWL LINK is published quarterly for the membership of the Association for Women Lawyers of Greater Kansas City Association for Women Lawyers of Greater Kansas City

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