March 2014 Volume 52. PLAY BALL! p. 12. The Common Grey Squirrels. The Official Publication of The Bar Association of Metropolitan St.

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1 March 2014 Volume 52 PLAY BALL! p. 12 The Common Grey Squirrels The Official Publication of The Bar Association of Metropolitan St. Louis

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3 TABLE of CONTENTS BOARD of GOVERNORS & STAFF 4 President s Message Jon Baris President Jon M. Baris President-Elect Joseph A. Frank Vice-President Seth A. Albin Secretary Eric G. Kukowski Treasurer Amy Collignon Gunn Immediate Past President Heather J. Hays Members-at-Large Dawn M. Besserman, Kristine H. Bridges, Henry M. DeWoskin, Kerry C. Feld, Kathryn B. Forster, Annette P. Heller, Carolyn M. Husmann, Matthew B. Leppert, Scott A. Smith, and David Truman ABA Delegate William R. Bay YLD Chair Michael Hart Section Chairs David L. Orwick, Business Law; Eric M. Selig, Criminal Law; Mary Roth, Employee Benefits; Stuart H. Goldenberg, Family & Juvenile Law; Kurt Schafers and Douglas Churovich, Federal Litigation & Practice; Brent L. Motchan, Labor & Employment Law; Salvatore B. Gianino, Patent, Trademark & Copyright; Kenneth Buren, Probate & Trust; James K. Schleiffarth, Solo & Small Firm Practitioners; Sara Neill, Taxation; Canice Timothy Rice, Jr., Trial; and Carolyn Husmann, Women in the Legal Profession CLE Chair Michael Cole Presidential Liaisons John R. Gunn and Hon. William Ray Price, Jr. Executive Director Zoe W. Linza Editorial Board Editor-In-Chief Charles Weiss Board of Editors Lisa Herder, Dawn Johnson Executive Editor Zoe W. Linza Managing Editor Chuck Ramsay, Advertising Sales Jennifer Macke, 5 Ethics Michael Downey 6 Lawyers and financial advisors align 8 IP powerhouse Harness Dickey adds depth Jeff Dunlap 9 What do local lawyers do in their spare time? Susan Block 10 Cheaper to kill: Medical malpractice and the Sanders-Watts imbalance Daniel J. Sheffner 11 Literary Briefs Donna Fisher 12 Cover Story Chuck Ramsay 15 Levison Group Lisa Henderson-Newlin 18 People & Places Who's doing what and where? 20 Legal Job Placement Listings 22 Classified Ads THIS MONTH'S COVER Meet four members of the Common Grey Squirrels: Emily Agathen, Alan Agathen, Craig Ingraham, and Dan Melgon. The Squirrels are possibly the best kept secret in the St. Louis' legal community at least for the last 36 years or so. This stalwart co-ed softball team is now fielding a second generation. Read what they are up to and why you could be "drafted" in the next round! Photos by Chuck Ramsay with assistance from Stephen Campbell. UPCOMING BAMSL SIGNATURE EVENTS BAMSL Annual Meeting at the Bar Center April 2 Law Day May, 2014 Bench, Bar and Professional Development Conference May 29-May 31 SUSTAINING MEMBERS ROSTER Cynthia L. Albin, Seth A. Albin, Susan L. Amato, Brent W. Baldwin, Doris J. Banta, Jon M. Baris, Melissa Z. Baris, Bartholomew J. Baumstark, William R. Bay, Mark J. Becker, Jill S. Bollwerk, Kristine H. Bridges, Douglas B. Brockhouse, Daniel J. Brown, Eugene K. Buckley, Sarah M. Bueltmann, Jeffrey J. Bunten, Thomas M. Burke, Joseph C. Carr, Frank J. Carretero, Michael D. Cole, James S. Collins, David E. Crawford, Daniel T. DeFeo, Paul M. Denk, Henry M. DeWoskin, Peter C. Drummond, Kerry C. Feld, Peter P. Fiorce, Walter L. Floyd, Genevieve M. Frank, Joseph A. Frank, James P. Gamble, Jill M. Gilbert, Larry W. Glenn, Thomas G. Glick, John H. Goffstein, Maurice B. Graham, Dwight Hardin, Heather J. Hays, Annette P. Heller, James M. Hoffmann, Carolyn M. Husmann, Mandy J. Kamykowski, Marc S. Kramer, Eric G. Kukowski, William E. Kumpe, Kevin M. Leahy, Martin M. Lipsitz, Arthur Litz, Raymond C. Loyer, 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, Ted L. Perryman, Carl C. Polster, Robert L. Proost, Christine E. Rallo, John C. Rasp, Chris Ratcliff, Canice T. Rice, Stephen H. Ringkamp, Brendan J. Ryan, Norah J. Ryan, Donald J. Sher, John G. Simon, Scott A. Smith, G. Michael Stewart, Thomas P. Sweeney, Phillip A. Tatlow, Kenneth F. Teasdale, Richard B. Teitelman, David R. Truman, Lisa S. VanAmburg, Kenneth K Vuylsteke, E. Richard Webber, Dale M. Weppner, Charles A. Werner, and William H. Wyne The St. Louis Lawyer (ISSN # ) (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 , (314) Periodicals postage is paid at St. Louis, MO 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 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, Direct editorial news, subscription information or questions to Chuck Ramsay at the above address or 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 2013 by The Bar Association of Metropolitan St. Louis. March

4 President's Column The honor is ours, but earned by them. In the September 2013 issue of the St. Louis Lawyer I wrote about how as BAMSL President I have the honor of representing our association at American Bar Association (ABA) meetings and conferences by Jon Baris BAMSL President; Assistant Dean for Student Services, Saint Louis University School of Law and that attending these conferences provides an outstanding opportunity to meet, interact with, and learn from other leaders of state and local bar associations from around the country. In February, President-Elect Joe Frank and I traveled to Chicago to attend the ABA Mid-year Meeting and specifically the meetings of the National Conference of Bar Presidents. As usual, the meetings were productive and informative, and reminded me of what a great bar association that BAMSL is, the phenomenal lawyers that are part of our association, the great work we do, and the outstanding reputation we have throughout the country. In addition to the typical knowledge gained and shared among the national, state, and local bar associations represented in Chicago, there were two very special events that I attended that especially stand out to me. I, along with many lawyers from St. Louis and Missouri, were fortunate to attend the programs where two of BAMSL s most distinguished members were recognized as recipients of important national awards from the ABA. As was featured in the February issue of the St. Louis Lawyer, the ABA Young Lawyers Division honored Jason Sengheiser with its National Outstanding Young Lawyer Award. In addition, Frankie Muse Freeman was honored by the ABA as one of its Spirit of Excellence Award recipients. In witnessing first hand these distinguished members of the legal profession receive such well-deserved and prestigious awards, it made me so proud to be a lawyer and a fellow BAMSL member. Part of what the organized bar can do is to remind the profession and the public of the good that lawyers do and the role we play in benefitting our communities. There is no better embodiment of the good that lawyers can do than in the careers of these two award recipients. As a young lawyer, Jason has already distinguished himself in the profession. He is dedicated to increasing professionalism to the organized bar having served as a leader in many organizations and is committed to As she stated, 'I ve tried to serve, I ve tried to make a difference. I m only 97. I can still help and do something, I plan to do that. I have much less energy than I once had, but this honor has energized me.' many community service organizations. Jason is truly an example of what all lawyers should strive to be in our service to the legal profession and the community as a whole. We can all be inspired by Jason s work and accomplishments as the ABA YLD was. Frankie Freeman is a legendary and distinguished lawyer. Following an inspiring introduction at the awards ceremony by BAMSL Past-President Bill Bay, who reviewed her career, Freeman addressed those of us at the Spirit of Excellence Awards ceremony. Her words could not have been more moving and reminded us that we can make a difference to improve our profession and better our communities. As she stated, I ve tried to serve, I ve tried to make a difference. I m only 97. I can still help and do something, I plan to do that. I have much less energy than I once had, but this honor has energized me. As she spoke, the crowd gathered was in awe and I believe I can express the sentiment of those of us in attendance that her words gave us all a sense of renewed energy to go out and try to make a difference. My experience at the ABA Midyear Meeting is one that I will not soon forget. It is events such as these in Chicago, and the specific examples set forth by lawyers such as Jason Sengheiser and Frankie Muse Freeman, that should remind us of all the good that lawyers can do. The St. Louis legal community was certainly represented well on this national stage. I always welcome your ideas and feedback about BAMSL. Please feel free to contact me at (314) or 4 St. Louis Lawyer

5 Ethics Truth (and taste) in advertising: Jamie Casino and the ABA Marketing Conference by Michael P. Downey, Partner, Armstrong Teasdale LLP Since the Super Bowl, lawyers often mention the advertisement by Georgia personal injury lawyer Jamie Casino. Casino s two-minute advertisement was originally broadcast at halftime only in Savannah, but has gone viral with more than five million views on YouTube. It has been discussed on NPR, TMZ, and Good Morning America, and can be viewed at com/watch?v=jr2gdpy-88w. Casino s Ad. Based on a true story, Casino s ad tells why Casino became a personal injury lawyer. Accompanied by rock music and vivid images, Casino narrates: I wasn t always a personal injury lawyer. I once was a notorious criminal defense lawyer who was employed by some of the most cold-hearted villains. My art brought me great wealth until one day, my little brother Michael and his friend were two of four people whose lives were taken. Relating that Savannah s chief of police deceived [the audience] to make it look like the police department hadn t lost control by claiming no innocent persons were targeted, Casino explains he then realized why God created him : not to represent villains anymore but to speak for innocent victims who cannot speak for themselves. As the ad ends, Casino smashes his brother s gravestone with a sledgehammer, surrounded by flames. The contents, imagery, music and editing of Casino s ad make it quite powerful and controversial. YouTube viewers have registered 9,800 likes and almost 1,800 dislikes. Advertising Regulations Taste and Candor. While some lawyers say they liked Casino s ad, most label it distasteful, including because Casino calls his former clients villains and uses his brother s death to generate business. Concerns about good taste in lawyer advertising may be quite real, but such taste is generally not subject to regulation. The First Amendment is usually interpreted as prohibiting states from regulating advertising including lawyer advertising based upon taste. In other words, the Constitution protects the right of advertisers to advertise in bad taste. Missouri s Supplemental Comment to Rule encourages lawyers to avoid advertising that serves to denigrate the dignity of the profession or trust in courts. But this is merely encouragement, not a mandate. Such a mandate would likely be unconstitutional and thus unenforceable. States can and Missouri s rules do prohibit false and misleading advertisements. Casino s ad states it is [b]ased upon a true story. If a Missouri lawyer s advertisement strayed too far from the truth, the lawyer might be subject to discipline. Missouri Rule states: A lawyer shall not make a false or misleading communication about the lawyer or the lawyer s services. A communication is false if it contains a material misrepresentation of fact or law. Rule also specifies eleven instances of misleading content, including omit[ting] a fact as a result of which the statement considered as a whole is materially misleading. Rule 4-7.2, meanwhile, emphasizes that Rule governs lawyer advertisements and imposes additional requirements on advertisements, including a disclaimer that most Missouri lawyer advertisements must contain. I often teach the rules governing lawyer advertising. I also review lawyers ads to make sure they comply with Missouri s Rules. Personally, I suspect some provisions in Missouri s advertising rules violate First Amendment protections. But it is generally easier to comply than to fight. The requirement to be truthful, however, is likely constitutionally enforceable and very real. Therefore I usually advise lawyers to say in an ad only what they would be willing to put in an affidavit, and to make only those claims for example regarding credentials and past results that the lawyer would be happy to verify. This is probably more than the Rules require, but it helps keep lawyer-advertisers safe. Upcoming ABA Marketing Conference. The ABA Law Practice Division which I chair is hosting its 2014 Law Firm Marketing Conference at St. Louis s Chase Park Plaza Hotel on May 1-2, There will be two full days of CLE programming on lawyer marketing and business development, including keynotes on working a room, the future of the legal profession, and the use of storytelling, plus extensive programming on marketing through referrals, the Internet, and other means. Details are at You can register for one or both days. BAMSL is a promotional sponsor, so BAMSL members receive a discount on two-day registration. Or contact ABA staffer Cindy Galvan by April 1 at (312) or org, tell her you read this column, and pay only the ABA Law Practice Division member rate of $450 probably less than the fees one new client would generate even if you are not an ABA member. March

6 Lawyers and financial advisors align SERVING AS ADVOCATES FOR PHILANTHROPIC CLIENTS Tax and estate planning attorneys work each day to safeguard and maximize their clients net worth. They often partner closely with a family s financial advisors, who share a similar commitment to growing their clients assets for future generations. For many clients, though, estate planning goals extend well beyond traditional asset protection and wealth transfer to the realization of lifelong philanthropic passions. This may be the case especially for clients of significant wealth. Studies show that many high-networth individuals expect to discuss charitable giving when making financial plans with their advisors, says Michael Howard, President and CEO of YouthBridge Community Foundation in Creve Coeur, Mo. An opportunity exists for attorneys and other family advisors to uncover these goals early on and find ways to incorporate them into the tax and estate planning process. YouthBridge Community Foundation works with attorneys and other family advisors who are seeking to fulfill their clients charitable wishes as part of an overall financial and estate planning strategy. Philanthropic management services offered to donors, advisors and businesses include consulting on tax-advantaged giving solutions and connecting clients to well-run charities in the community. Michael E. Howard, President and CEO, YouthBridge Community Foundation Douglas J. Stanley, Attorney, Bryan Cave LLP YouthBridge is approaching its role as a community foundation from a unique and very donor-friendly perspective, says Kathleen Youngerman, Executive Director and Family Wealth Financial Advisor with the Harmony Family Office at Morgan Stanley. Because of its long history as a nonprofit foundation that has championed local charities, YouthBridge has a day-to-day understanding of purpose that is rare. Bridging the divide between donors wishes and charities in need can prove valuable not only when considering longterm estate planning through bequests or private foundations and endowments but also as clients Kathleen L. Youngerman, CFP Executive Director, Family Wealth Financial Advisor, Senior Portfolio Manager, Harmony Family Office at Morgan Stanley encounter unexpected life events. From death and divorce to sizable work bonuses or the sale of appreciated stock, any sudden taxable event could prompt the need for an immediate charitable deduction. For events that cause an unusual amount of taxable income or capital gains in a given year, we may discuss a Donor- Advised Fund (DAF), says Doug Stanley, attorney with Bryan Cave LLP and member of the YouthBridge Community Foundation board of directors. These funds can work well because the tax payer receives an immediate deduction, as though giving directly to a charity, but with the flexibility to decide which charities to support at a later date. DAFs can be especially attractive to clients who want a simpler way to administer their gifted assets compared with private foundations. While DAFs and foundations are similar in many respects, DAFs have no recordkeeping or IRS reporting requirements and offer greater tax benefits. Donors contributing to DAFs can deduct up to 50 percent of cash gifts against their adjusted gross incomes in a given tax year, or up to 30 percent for gifts of appreciated stock. Unused deductions can be carried forward for five years, providing additional flexibility. Each DAF is different, Stanley says, adding that some funds require a minimum amount to establish. YouthBridge allows clients to open a DAF for as little as $5,000 and offers the advantage of a local community foundation perspective. The personal attention their philanthropy advisors give to clients when discussing the charities they re passionate about is invaluable, especially for clients who want to give locally. DAFs may also offer flexibility to donors with private foundations. A client may have an unfunded foundation, or one that is in need of legal changes due to life events, Youngerman explains. Donor-Advised Funds can help solve for these issues by allowing clients to give quickly now and strategically later, when the foundation is up and running and they can gain assistance from a philanthropy advisor. Mandatory distributions from active foundations can be deposited into DAFs for future use, Howard explains, adding that older, smaller foundations may even find it more cost-effective to transition to a DAF strategy altogether. For strong foundations, however, an added benefit of having a DAF is that much of the due diligence performed by philanthropy advisors can be applied to the foundation to help it run more smoothly. Such flexibility and coordination among attorneys and family advisors can go a long way toward eliminating giver s remorse or the act of giving quickly to get a tax deduction, but with little intention or emotional satisfaction of having changed the world, Youngerman says. 6 St. Louis Lawyer

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8 IP powerhouse Harness Dickey adds depth. The St. Louis office of Harness Dickey, a 93-year old Detroit-based firm, is an intellectual property powerhouse that focuses exclusively on patent, trademark, copyright, trade secret, and related litigation and licensing matters. The firm also has an office just outside Washington, D.C. Firm-wide, Harness Dickey has approximately 120 attorneys; 90 percent of whom possess degrees in fields such as electrical engineering, biology, by Jeff Dunlap, author and media consultant. chemistry and pharmaceutical science in addition to their J.D. Harness Dickey is ranked fifth nationally by Intellectual Property Today based on the number of U.S. patents obtained annually by the firm. In 2008, Partner Rudolph A. Rudy Telscher was named an Intellectual Property Slugger by Missouri Lawyers Weekly. Recently, he gained national attention for arguing before the U.S. Supreme Court in the landmark Octane Fitness case. A St. Louis native, Telscher launched the St. Louis office in 2001 with colleagues Joseph E. Joe Walsh and Bryan K. Wheelock because the three partners believed St. Louis companies would welcome the expanded resources and capabilities of a national/international IP firm like Harness Dickey. The office has grown to 25 lawyers and support staff of 40 by recruiting successful attorneys with uniquely diverse talents. This is particularly true of the litigation group, led by Telscher, 48, who says We re not afraid to try a case. Impressive Track Record Telscher s litigation teams have not lost a trial, arbitration or case-dispositive motion in more than a decade. Late last year the team won a $2.2 million jury verdict in a copyright infringement case in federal court: Wolff Shoe v. Mosinger. When IP infringement occurs in the U.S., the money at stake is usually substantial because of the size of markets in this country, Telscher says. Our goal is to try to settle our cases early. That is usually in the interest of both parties. If we can t settle favorably, we try the case. Everyone in our office is at the top of their game. When pushing on a large or complicated case, we routinely work until one or two o clock in the morning throughout trial. The Octane case reflects Harness Dickey s depth and commitment to represent clients from the start of a dispute all the way to the Supreme Court, if necessary. Telscher hopes the much-anticipated decision in Octane that he argued February 26, 2014, helps restore balance to a patent litigation system abused by trolls and patentees asserting weak patents as an extortion tactic against competitors. In his brief for petitioner Octane Fitness, Telscher noted: Asserting unreasonably weak patent claims and using the cost of litigation as a weapon of coercion is what all abusive patent cases have in common The evil of such practices runs counter to the purposes of patent laws. Consequences include substantial damage to small and large companies, less money for research and development, increased prices to consumers, undue limitations on competition and a substantial burden on federal courts. Properly construed, 285 of the Patent Act provides a viable tool to balance the interests of patentees in bringing meritorious claims against the need to protect accused infringers from grossly unjust results. New Opportunities With Octane being followed by top IP journals in addition to The New York Times and Wall Street Journal, Harness Dickey s Clayton office has been recruiting litigation talent to serve blue-chip clients. Steven E. Holtshouser, a former Assistant U.S. Attorney in St. Louis for 28 years, and David A. Nester, a civil trial attorney in Missouri and Illinois for more than 29 years, joined the office, respectively, in October and July of last year. As a federal prosecutor, Holtshouser tried more than 40 complex cases to verdict in federal court, and he briefed and argued more than 35 federal appeals. Holtshouser has a perfect record of success in first-chair jury trials and appeals in cases involving intellectual property, public corruption, financial fraud, kidnapping, murder, narcotics, tax and corporate matters. 8 St. Louis Lawyer Nester has tried more than 70 jury cases to verdict and handled more than 25 appellate arguments in areas of commercial litigation, mass tort, class action, products and tort liability. He is well known among his peers for high levels of litigation success. Holtshouser s last, highly-publicized case as a federal prosecutor resulted in a 40-year prison sentence for Bishop Martin T. Sigillito, found guilty of defrauding more than 140 victims in a $52.5 million international Ponzi scheme. When I decided to make a change, I chose IP litigation because it is a natural fit for my complex, high-stakes case trial skills in federal court, says Holtshouser, 55. I have always been interested in this area of law because of its importance to the U.S. economy. I knew of Harness Dickey s reputation amongst trial judges and I was totally sold by Rudy s aggressive, strategic style. When I saw Rudy deliver his closing argument in the Wolff Shoe copyright case, I knew I had made the right decision, and when I met Harness Dickey team members, I saw people who loved what they were doing and enjoyed working together I did not find that at every law firm. Nester, 53, agrees, adding: Harness Left to right: David Nester, Rudy Telscher, and Steven Holtshouser Dickey wanted to expand its litigation practice. I was brought in because of my diversely extensive trial background. We can realistically match our trial team against any in the nation. The attorneys here know a great deal about IP law. Soon after I arrived, we successfully tried to jury verdict the Wolff Shoe copyright case. Rudy and I presented a very compelling case of infringement. At my previous firm, I dealt with a lot of management issues. Here, I can focus exclusively on what I do best: Litigation. Holtshouser and Nester believe the key to winning IP cases is presenting complex issues in a straightforward manner to judges and juries. Telscher comments: Our future is bright.

9 What do local lawyers do in their spare time? The answers are varied and fascinating. David A. Roither, a partner at Medler & Roither, and respected Guardian ad Litem in family law cases, is a bird hunter. Dave was a self-described liberal democratic metro-opinionated type of guy until he married. His father-in-law is a life-long hunter, conservationist, and land owner and teaches hunter safety education for the state conservation by Susan Block, Partner, Paule Camazine & Blumenthal; former St. Louis County Family Court Judge department on a volunteer basis. With this introduction to hunting in general, Dave fell in love with bird hunting in particular. Why? It is more social. While with deer hunting he was typically in the woods alone for hours on end, most bird hunting is done with other hunters. He enjoys the time to catch up with his fellow hunters and share stories. In addition, it has been a fun way to network and to re-think his earlier bias that hunters were all Hoosiers". Hey, they are bankers, judges (we knew that!), and business owners. And did you know St. Louis sits right in the middle of what is known as the Mississippi Flyway. In general, migratory birds follow three major paths when migrating North/South: the Atlantic Coast, the Pacific Coast, and the Mississippi Flyway. Many birds (ducks, geese, doves) follow the tributaries of the Mississippi and Missouri Rivers from Canada through the United States and converge just north of the St. Charles County area, then continue on south into Mexico. So, come November and December the area is flooded with birds migrating south. Who knew St. Louis was more than Forest Park and Ted Drewes? Fitzann Reid, a recent Washington University in St. Louis School of Law grad and former law clerk at Paule Camazine & Blumenthal, is now a Wells Fargo Advisors Regulatory Implementation Group Associate. In her free time she works with inner city kids and teenagers. Currently she is mentoring five 9th graders at Vashon High School. Passionate about community service and helping low income young people of color overcome obstacles and achieve their dreams, she is an inspiration to us all. Mark Kruger and Deborah Debbie Benoit, a terrific couple, have had a devoted marriage in addition to their well-known law firm, Kruger & Benoit. Both have over 40 years of legal experience, but enjoy other meaningful activities in their free time. Debbie, who hails from Louisiana, spends time doing genealogical research and tracing their families histories. In August 2012 they made a trip to Lithuania to see the town where Mark's father's family lived prior to coming to the U.S. in This summer they are planning a trip to Romania to see where Mark s mother's roots lie. Debbie has served our community as both a leader and volunteer for the National Council of Jewish Women. Not to mention the years she has spent living with Mark (smiling). Mark holds a doctorate degree in history and is a beloved professor at the St. Louis Community College, where his ratings suggest that his classes are entertaining as well as educational. No surprise to any of us who know Mark well. Gregory Greg Brough is a sole practitioner in Clayton, with a varied caseload from estate planning to mediation. He serves on the board of Caring for Kids and has been the president of the Collaborative Family Law Association. Many years ago when he moved into his office at 8000 Maryland Avenue, he saw a Peregrine Falcon fly by his window. At that time, Peregrine Falcons were endangered, so he reported this sighting. As a result, the World Bird Sanctuary arranged for a nesting box on the roof of his building. Almost two decades passed without anyone occupying that box. Then, in 2011, he found out that the box contained three eggs and one very protective Peregrine mother. Only one of the eggs hatched that year and it was a male. He was banded. This operation was performed in Greg s conference room, and he was given the opportunity to hold the baby. Several days later he received an urgent call telling him that your bird is on the ground. As he raced downstairs, assuming the worst 15 stories down, to check on his baby who had not yet developed flight feathers. Gregory Brough with " his" baby Peregrine Falcon. But there he was, sitting in the middle of two intersecting alleys behind his building, just fine. Since then, Greg has had two more sets of nestlings. He told me that they are amazing creatures, eating pigeons and other birds and being clocked at over 200 miles per hour when diving for prey. When guarding their nests, they have been known to kill much larger birds, including Golden Eagles and Bald Eagles. They like to sit and hunt from his roof. In his office are large binoculars on a tripod, and the first thing he tells a new client is about his falcons. How wonderful that these professionals have found joy in their non-work time, Research shows that the stress relief of play is an inherent part of good mental health. With the increasing pressures of the practice of law, it is good to know that birds, travel, and giving can make our lives richer and fuller. Have fun whatever you do. It will likely make you a better lawyer and a healthier person, too. March

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