bn 3q 15c.ymcdn.com/sites/€¦ · • to cultivate social interaction among its members, ......

Closing Out 2015 With These Outstanding Monthly Lunch Programs

October 21, 2015Paul Satterwhite

Obergefell v. Hodges: Employment Law Considerations

November 18, 2015Erik Bergmanis, President of the Missouri Bar

December 16, 2015Gifts from the Bench

Plan Ahead for the New Year: Sign up for these Programs Now

January 20, 2016: The Honorable Douglas HarpoolFederal Rule Changes

February 17, 2016: Robert K. KirklandManaging Your Digital Assets, Planning Your Digital Estate

March 16, 2016: Chip SheppardMissouri Constitutional Amendment:

Medical Cannabis, Implications for Law and Medicine

April 20, 2016: Missouri Senator Kurt SchaeferFunding the Third Branch and Insuring Access to Justice

Senator Schaefer will share his perspective as a lawyer-legislator and appropriations committee chair

May 18, 2016Banking on Inclusion:

the Business Case for Diversity in Law Practice

June 15, 2016: Prof. Richard Reuben, University of Missouri School of Law

Wellness, Mindfulness and Emotional I.Q. for Lawyers

October 19, 2016: Dana Tippin CutlerPresident of the Missouri Bar

December 21, 2016Gifts from the Bench

BAR NEWS SPRINGFIELD METROPOLITAN BAR ASSOCIATION • www.springfieldbar.com • 3rd Quarter 2015

SMBA CLE LunchIN THIS ISSUE

Our Bar Association’s

Best Kept Secret

Magna CartaMuch Anticipated Exhibit Arrives!

Springfield Metropolitan Bar Foundation Answers MoBar Call,

Brings Mini Law School for the Public to Southwest Missouri

Introducing Bearisters

SMBA Mentorship Program Celebrates a Decade:

Now Forming Tenth Anniversary Class

Need Referrals: We’ve Got you Covered

Bulletin Board and Courthouse Updates

And

Tread Carefully with Internship Program

2 : 3rd QUARTER 2015

Bringing the exhibit “Magna Carta: Enduring Legacy 1215-2015” to Springfield was no simple matter. Without the support of our Exhibit Underwriters—The Law Firm of Neale & Newman, LLP, Strong-Garner-Bauer, PC, Kent and Jay Hyde, Lee and Julie Viorel, and Lathrop & Gage, LLP—our plans never would have made it off the ground floor. In addition, the project required not only the significant efforts of the SMBA, but also our community partners, namely Missouri State University, Springfield Public Schools, Springfield Art Museum, and Moxie Cinema. But ultimately, the project was made possible by the significant efforts and support of the Springfield Metropolitan Bar Foundation (SMBF). The SMBF is one of our bar association’s best-kept secrets. The Foundation serves as the community outreach arm of the SMBA and helps raise awareness of our bar association. This awareness helps insure that the SMBA truly has a seat at the table when issues of importance to our community require input, particularly those issues relevant to the practice of law. The Foundation’s important work has helped position the SMBA as an integral part of our community, not only for matters of legal importance but also for matters of civic importance. The SMBF has a track record of important work that has been recognized on a national level. For example, Love Them, Don’t Leave Them Wondering, a project that assists individuals in understanding and completing medical directives so that in times of medical emergency loved ones and care providers are not left wondering about a patient’s wishes, was awarded the 2010 National Conference of Bar Foundations Award for Bar Foundation Excellence in Public Service Programming. In 2008, the Foundation’s Sus Derechos project was awarded the LexisNexis Community and Education Outreach Award by the National Association of Bar Executives and LexisNexis. Sus Derechos (Your Rights), is a legal literacy program that educates the growing number of Hispanic immigrants in Southwest Missouri about our legal system.

Securing “Magna Carta: Enduring Legacy 1215-2015” to be exhibited in Springfield, Missouri, is yet another example of the Bar Foundation’s important work in our community. I’d like to take this opportunity to thank our Foundation, its President Dwayne Fulk, and its Board Members, Ryan DeBoef, Tom Fowler, Steve Garner, Brent D. Green, Brian Hamburg, Ty Harden, Crista Hogan, Stephanie Stenger Montgomery, Dan Nelson, Robert Palmer, Joseph D. “Chip” Sheppard III, James Tucker, and Lee Viorel, for the considerable support that made bringing this educational Magna Carta exhibit to Springfield possible. Without that support, this extraordinary and community-wide opportunity would have gone unrealized.

The SMBF was formed, in part, to enhance public understanding and respect for the rule of law, and to provide public service. “Magna Carta: Enduring Legacy 1215-2015” honors the seminal document on rule of law in Western political and legal thought, and brings the celebration of its 800th anniversary right to our doorsteps here in Springfield. As such, the SMBF fully realizes both of these commitments. Thank you again to all of our Exhibit Underwriters, our community partners, and especially to our outstanding Bar Foundation.

by Mark McQueary2015 SMBA President Our Bar Association’s Best Kept Secret

PRESIDENT’S LETTER

The Foundation’s important work has helped position the

SMBA as an integral part of the community, not only for matters of legal importance but also for

matters of civic importance.

3rd QUARTER 2015 : 3

3rd QUARTER 2015

ARTICLESOur Bar Association’s Best Kept Secret ........................2President’s Letter by SMBA President Mark McQueary

Mini Law School for the Public Comes to Springfield ...................................................................5by Springfield Metropolitan Bar Foundation President Dwayne Fulk

Inaugual Bearisters and a Decade of Four L ...............7by Executive Director Crista Hogan

Tread Carefully with Internship Programs, 365 Days Per Year ............................................................9by Emma Schuering

DON’T MISS Magna Carta Schedule of Activities ..............................4

Bulletin Board and Courthouse Updates .....................6

Lawyer Referral Service ..................................................8

Classifieds .......................................................................15

THE OBJECT OF THE SPRINGFIELD BAREstablished October 17, 1903 • To maintain the honor and dignity of the profession of law,

• to cultivate social interaction among its members,

• and for the promotion of legal science,

• and the administration of justice.

The Bar News is published by the Springfield Metropolitan Bar Association. The opinions expressed herein are those of the authors and are not necessarily in conformity with those

of the editor or the SMBA. Crista Hogan, Editor • [email protected]

OFFICE HOURSMon-Fri, 9 AM–5 PM

1615 S. Ingram Mill Road, Building DSpringfield, MO 65804

417-831-2783 • fax: 417-831-2842www.springfieldbar.com • [email protected]

OFFICERSMark McQueary, President • Robert Palmer, President-Elect

Emma Shuering, Secretary • Stephanie Montgomery, TreasurerDwayne Fulk, Past President

DIRECTORSThe Honorable Doug Harpool • Eric Jensen • Laurel Stevenson

Catherine Heredia • Jason Smith • Matthew Growcock Eugene Han • Jim Tucker • Tom Carver • Joseph Reid

John Lightner • Ginger Gooch

EX OFFICIOThe Honorable Thomas Mountjoy, Presiding Judge

Crista Hogan, Executive Director

STAFFJenny Parsons, Executive Assistant

InternsAaron Freeman, Jordan McDaniel

2015 COMMITTEE CHAIRS

Bench and Bar ..................................................Rob PalmerBoard of Directors .................................. Mark McQuearyCommercial/Insolvency .............................Brian AsberryCriminal Law ...............................................Adam WoodyEmployment Law .....................................Paul SatterwhiteFamily Law ................................................. Sarah DonelanFederal Bench and Bar .... The Honorable Doug HarpoolGreene County Law Library .........................Rick TempleHealth and Wellness ........................................ Mary ClarkIn House Counsel ............................................... Josh BadeJuvenile Law ..................................................Kris BarefieldLaw Day .....................................................Ashley NorgardMentorship/Four L ............................................Ty HardenMonthly Programs .....................................Michael MillerProbate and Trust ...................................... Emily KembellSocial Security .................................................. Scott SmithSMB Foundation ........................................... Dwayne FulkTrial Practice ............................................ Chandler GreggWorkers’ Compensation ................................... Pat PlatterYoung Lawyers ............................................. Bryan Fischer

BAR NEWS


MAGNA CARTA: ENDURING LEGACY 1215-2015

EXHIBIT October 12-23Duane G. Meyer Library at Missouri State UniversityVisit missouristate.edu/magnacarta/ for directions, hours and parking information.

MAGNA CARTA COMMUNITY EVENTS AND ACTIVITIES:Exhibit Grand OpeningOctober 12 Magna Carta CelebrationOctober 13, 8:30 a.m. - 9:00 p.m.Republic Branch Library

The Kings of Pop, Musical Rebellion, and the Elite Music CriticOctober 15, 6:00 p.m.The Library Station

Magna Carta Movie: “Robin Hood”October 16, 6:00 p.m.The Library Center

13th c. Gangs, Eggs, and the Magna CartaOctober 16, 6:00 p.m. - 8:00 p.m.Springfield Art MuseumFeaturing Carolyn Cárdenas, Professor of Painting & Drawing and Head, Department of Art + Design, Missouri State University

Monty Python and the Holy Grail October 17, noonThe Moxie Cinema

Exhibit UnderwritersThe Law Firm of Neale & Newman, LLPStrong-Garner-Bauer, PCKent and Jan HydeLee and Julie ViorelLathrop & Gage, LLPMark L. McQueary

Community PartnersSpringfield Metropolitan Bar Foundation Missouri State UniversitySpringfield Public SchoolsSpringfield-Greene County LibrariesMoxie CinemaSpringfield Art Museum

MAGNACARTA:Enduring Legacy

1215-2015


When Missouri Bar President Reuben Shelton took office last fall and outlined his priorities at the Annual Meeting and Judicial Conference, he touched on the responsibility lawyers have to help educate the public and enhance citizens’ understanding of the legal profession. “A large part of The Missouri Bar’s mission is to improve the administration of justice for all Missourians,” Shelton said. “It is important for the bar to have an ongoing dialogue with the public, not only providing ready access to information that helps citizens better understand how the law impacts our daily lives, but also having input from citizens to help us better do our job to advance justice for everyone.” To that end, Shelton planned to have the state bar partner with law schools and local bars to expand the bar’s successful Mini Law School for the Public program that originated in St. Louis to other cities. The program has judges, law professors and lawyers provide insight to participants about the law, making it easier for them to make good decisions about their life, family and finances. The Springfield Metropolitan Bar Foundation answered that call and brought the Mini Law School for the Public to Springfield this year for the first time ever. On September 22, we launched a five-week lecture series which sold out. More than 40 Springfield area residents are taking advantage of courses designed for adults who are not in the legal profession where they learn from experienced and knowledgeable lawyers. This fall’s topics include how our courts work, the differences between civil and criminal law, consumer protections and business law, real and personal property, estate planning, child custody issues and more.

I’d like to thank the following lawyers who have joined Crista Hogan and me in serving as presenters or moderators to help make this first series a success:

Stacie Bilyeu, Askinosie & Bilyeu LLCHon. Jason Brown, 31st Judicial Circuit

Jessica Burns, Law Office of Jessica D. Burns, LLCDoug Fredrick, Law Office of Doug Fredrick

Teresa Grantham, Carver, Cantin & Grantham, LLCDanielle Kincaid, Ozarks Elder LawSummer Masterson, Legal Services

of Southern MissouriAdam Pihana, Hall Ansley, P.C.

John Price, Carnahan, Evans, Cantwell and Brown, P.C.David Ransin, Ransin Injury Law

Brad Risby, Associate, Neale & Newman L.L.P.Matt Russell, Law Offices of Matthew Russell

Lee Viorel, Lowther Johnson Attorneys at Law, LLC

The Springfield Mini Law School for the Public is co-sponsored by The Missouri Bar and the Springfield Metropolitan Bar Foundation. When the Springfield Metropolitan Bar Foundation was established a decade ago, it was formed to enhance public understanding and respect for rule of law. As president of the foundation I would like to thank everyone who is helping to plan and implement this program which so effectively manifests our organization’s mission. The joint effort has kicked off seamlessly with our executive director Crista Hogan coordinating the planning committee and speakers and the state bar’s handling the administrative tasks.The lectures are being held at the Library Center every Tuesday evening through Oct. 20. Stop in to see this great program in action or volunteer to be a presenter for the 2016 series we’ll soon start planning. The Mini Law School for the Public lecture series also is available in Mid-Missouri, Kansas City and St. Louis. To learn more, visit www.mobar.org/minilawschool.

by Dwayne Fulk

President of the Springfield Metropolitan Bar Foundation

MINI LAW SCHOOL COMES TO SPRINGFIELD


BULLETIN BOARD

INVITATION TO ATTEND JEFFERY TOOBIN LECTUREDrury University will host Supreme Court expert and author Jeffery Toobin for a speech at 7:30 p.m.,Wednesday, Oct. 28 at Clara Thompson Hall. Toobin is a longtime analyst for CNN and NPR and is a staff writer at the New Yorker. The topic will be “Inside the World of the Supreme Court.” A Harvard Law graduate, Toobin is the author of two bestsellers about the nation’s top court – “The Nine” and “The Oath.” More information at www.drury.edu/meador-center

Three SMBA Members Make Panel for JudgeThe 31st Circuit Judicial Commission met September 24, 2015 and conducted public interviews of nine applicants for the vacancy created by Judge Jason Brown taking the circuit bench. Following the interviews the Commission met to select a panel of three nominees to send to Governor Jay Nixon for his consideration and the three nominees are Chantel Alberhasky, Judge Becky Borthwick and Judge Margaret Holden. Governor Nixon has 60 days to select his appointment.

MLW UP AND COMING RECIPIENTSMissouri Lawyers Weekly has announced the 2015 recipients of the annual Up and Coming Award. Three SMBA members are among the honorees: Kory D. Stubblefield, of Lowther Johnson Attorneys at Law, Amanda Tummons, of Husch Blackwell and Kyle G. Wyatt, of Wyatt Law & Associates

MoBar Award Goes to VanPeltSMBA member Richard Van Pelt, of Van Pelt & Van Pelt PC, received the Roger P. Krumm Family Law Award at the 15th Annual Family Law Conference this week in Branson, MO. This award is given annually by The Missouri Bar’s Family Law Section to honor a family law practitioner for competence, skill, integrity, commitment and dedication toward the improvement and advancement of the practice of family law and the children and families involved in family law matters.

SMBA MEMBERS RECEIVE STATE BAR AWARDSThree SMBA members were honored by the Missouri Bar at their 2015 Annual Meeting. The Hon. John C. Holstein of Polsinelli, PC was awarded a Spurgeon Smithson Award for contributions to the administration of justice. A Lon O. Hocker Trial Lawyer Award was given to Cara R. Rose of Wallace Saunders, and a Pro Bono Publico Award went to Jennifer Placzek of Placzek Winget & Placzek.

Ginger Gooch Recognized ay SBJ as One of 2015’s Most Influential WomenSMBA board member Ginger Gooch of Husch Blackwell LLP was chosen as one of the 20 Most Influential Women of 2015 by the Springfield Business Journal. She and 19 others will be honored on October 16 at a luncheon hosted by SBJ.

SMBA MEMBERS CHOSEN FOR 2015-16 MOBAR LEADERSHIP ACADEMY CLASSThree SMBA members were selected for the Missouri Bar’s Leadership Academy Class of 2015-2016. They are Bryan Fisher (Neale & Newman LLP), Emma Schuering (Polsinelli PC), and Laurie Washington (Legal Services of Southern Missouri). This is the 16th year of the program, which seeks to cultivate leadership skills in young lawyers.

Courthouse UpdatesThe Greene County Circuit Court is interested in making itself more accessible to those persons who come to court. ADA compliant door openers will be installed during the month of October in five courtrooms. The five courtrooms are all located on the 3rd floor of the Judicial Court Facility building and the door openers will be installed during times when the courtrooms will not be open so as to not disrupt hearings. Thank you in advance for any inconvenience you experience due this improvement. The Greene County Circuit Court has established a special committee to study and explore the use of technology in the courtroom. The first goal is to determine what technology is needed in a courtroom bench trial or jury trial. The court is interested in getting ideas from members of the Bar who frequently use technology. If you have any ideas, please contact Jerry Moyer, Court Administrator at: [email protected] or 417-868-4899.

MOUNTJOY ELECTED FOR FOURTH TERM AS PRESIDING JUDGEAt their September meeting, the 31st Circuit Court En Banc re-elected the Honorable Thomas Mountjoy as presiding judge. Judge Mountjoy has served in that capacity since 2009 and is also currently state chairman of the presiding judges committee, appointed in 2014 by then Missouri Chief Justice Mary Russell.


INTRODUCING BEARISTERS a project collaboration between the Springfield Metropolitan Bar Foundation serving the students at Missouri State University.

The Springfield Metropolitan Bar Foundation was established in 2003 to protect civil liberties, to enhance public understanding and respect for the rule of law, to provide public service and to provide equal access to the legal system. To that end, the bar foundation is pleased to announce a new project collaboration with Missouri State University: Bearisters. Bearisters are volunteer lawyers who will meet with students, by appointment, for limited consultation and referral. Volunteer shifts begin October 19, 2015 and are on Monday and Thursday afternoons, from 3:00-5:00. Appointments will be scheduled by the university and will take place at the Bearister’s office on Missouri State campus. Our call for volunteers for the first year of the program (October 2015 to September 2016) was quickly met and exceeded our current need. However, if you are interested in participating in the future, please email [email protected]. The anticipated time commitment is two to four hours a month.

FOUR L TURNS 10

The SMBA Mentorship Progam “Four L” will introduce the tenth class of participants at the December Gifts from the Bench lunch. This popular program has now helped more than 150 ease the transition between the classroom and the courtroom. The program includes courthouse tours and roundtable discussions, plus lunch with the judges and consists of nine one hour programs in 2016. Congratulations to the following new grads who will be invited to join the tenth class, and if you know of anyone else who might like to participate please have them indicate their interest by emailing [email protected].

Tara Bailes Spencer Fane Britt & Browne LLP

Nate Dunville Neale & Newman, LLP

Austin Fax Lowther Johnson, LLC

Andrew Peebles Carnahan, Evans, Cantwell, & Brown, PC

Caleb Wagner Strong-Garner-Bauer, PC

Two Great Programs: One Tried and True, One Brand New

by Crista HoganSMBA Executive Director

ABOUT THE BAR

Scott PiersonKyle HarmonMatt RussellTom Carver

Corey Kilburn

Russell DempseyTopper GlassKyle Harmon

Nicole Greeson

Thank you to our inaugural sleuth of Bearisters:


LAWYER REFERRAL SERVICE

Springfield Metropolitan Bar Lawyer Referral Service

Enrollment Form Revised August 6, 2013

Rules of Participation:

• Lawyer will charge no more than $75.00 for the first 1/2 hour of consultation • Annually provide proof of professional liability insurance ($100,000 per occurrence/ $300,000 aggregate) • Annual fee of $75.00 per panel (only $6.25 per panel, per month)

Circle panel selections (maximum of ten) and submit this form, payment and proof of insurance to the SMBA.

ADR: Arbitration ADR: Mediation Appellate Aviation Business: Bank/Finance Business: Disputes Business: Organization/Transactions Business: Stocks/Bonds/Securities Civil Litigation: Federal Civil Litigation: State Civil Rights Constitutional Law Criminal: DWI Criminal: Federal Criminal: Municipal Criminal: State Cyberlaw: IT, Internet, Web Debtors: Bankruptcy Debtors: Consumer/Debtor Rights Debtors: Creditors Rights Education: College/University Education: Elem-‐Secondary Elder law

Employment: Employee Employment: Employer Employment: Labor Employment: Wrongful termination Estates: Guardianship Estates: Planning Estates: Probate Estates: Wills/Trusts Family: Adoption Family: Custody/Support Family: Divorce Family: Other Family: Paternity Healthlaw: Hospital Healthlaw: Medical Malpractice Healthlaw: Medicare/Medicaid Healthlaw: Nursing Home Negligence Healthlaw: Pharmaceuticals Immigration Injury: Accident (auto) Injury: Accident (truck/commercial) Injury: Personal Injury Injury: Product Liability

Injury: Wrongful Death Insurance IP: Copyrights/Trademarks IP: Franchise IP: Patents Juvenile Malpractice: Prof. Negligence Media/Entertainment Military/Veterans Non Profits Real Estate: Construction Real Estate: Disputes Real Estate: Foreclosure Real Estate: Landlords Only Real Estate: Tenants Only Real Estate: Transactions Real Estate: Zoning/Land Use Social Security Disability Taxation Traffic Workers Comp

Date_________________________________________ Name, Firm________________________________________________________________________________________________________________________ Address____________________________________________________________________________________________________________________________ City, State, Zip____________________________________________________________________________________________________________________ Phone,______________________________________________________________Fax___________________________________________________________ Email_________________________________________________________________________MoBar #___________________________________________

1615 S. Ingram Mill Rd., Bldg. D, Springfield, MO 65804 ph: 417-831-2783 fax: [email protected] springfieldbar.com

Need Referrals? Our lawyer referral service receives hundreds of calls a week. We have several categories with high call volume and low enrollment. We would love to make your phone ring, so sign up today. The following categories have no one enrolled:Healthlaw: Hospital (high volume of calls)Healthlaw: Medicare/MedicaidHealthlaw: PharmaceuticalsMedia/EntertainmentReal Estate: Tenants Only (very high volume of calls)


While many employers see summer as the primary season for interns, these temporary employees are frequently placed through the school year, and the employment considerations that accompany them must be front of mind all year long. Through internship programs, employers can educate and recruit future employees, while offering students valuable experience. But this mutually beneficial relationship can present unforeseen consequences for employers that do not carefully consider the tasks interns perform and whether the law requires interns to be paid. Under the Fair Labor Standards Act, an individual who is “employed” must be paid minimum wage for the work he or she performs. However, an employer—limited for purposes of this discussion to mean for-profit private sector businesses—may be exempt if the internship serves the interest of the intern. The Department of Labor has articulated the following six factors to determine whether an intern is entitled to compensation: • The internship, even though it includes actual

operation of the facilities of the employer, is similar to training which would be given in an education environment;

• The internship experience if for the benefit of the intern;

• The intern does not displace regular employees, but works under close supervision of existing staff;

• The employer that provides the training derives no immediate advantage from the activities of the intern;

• The intern is not necessarily entitled to a job at the conclusion of the internship program; and

• The employer and the intern understand that the intern is not entitled to wages for the time spent in the internship.1

Some jurisdictions, such as New York and California, have developed additional factors for consideration, such intern training, screening, and benefits. In a competitive job market, many interns are grateful for any internship opportunity, paid or not. But in the past few years, interns have successfully pursued claims for wages against high-profile companies, resulting in multi-million dollar settlements with Warner Music Group Corp., Viacom, and NBCUniversal. In 2013, a U.S. District Court held that unpaid interns were in fact

employees of Fox Searchlight Pictures, Inc., entitled to compensation for their work on movies like Black Swan and 500 Days of Summer. However, in a recent opinion, the Second Circuit rejected the Department of Labor’s six-factor test, adopting a “primary beneficiary test” comprised of the following “non-exhaustive considerations”:1. The extent to which the intern and the employer clearly understand that there is no expectation of compensation. Any promise of compensation, express or implied, suggests that the intern is an employee—and vice versa. 2. The extent to which the internship provides training that would be similar to that which would be given in an educational environment, including the clinical and other hands-on training provided by educational institutions.3. The extent to which the internship is tied to the intern’s formal education program by integrated coursework or the receipt of academic credit. 4. The extent to which the internship accommodates the intern’s academic commitments by corresponding to the academic calendar. 5. The extent to which the internship’s duration is limited to the period in which the internship provides the intern with beneficial learning. 6. The extent to which the intern’s work complements, rather than displaces, the work of paid employees while providing significant educational benefits to the intern. 7. The extent to which the intern and the employer understand that the internship is conducted without entitlement to a paid job at the conclusion of the internship. The Court reasoned that the primary beneficiary test focuses on what the intern receives in exchange for his or her work, while according courts the flexibility to examine the economic reality as it exists between the intern and the employer. The recent decision has been criticized for placing too much value on the internship’s association with academic programs and institutions and for replacing the Department of Labor’s six factors with a novel test supported by minimal legal authority. For now, the interns’ case heads back to the district court for evaluation of the plaintiff ’s internship program under new Second Circuit standard.

by Emma R. Schuering

TREAD CAREFULLY WITH INTERNSHIP PROGRAMS, 365 DAYS PER YEAR

continued on page 12...1 U.S. Department of Labor Fact Sheet, # 71 (Apr. 2010), available at http://www.dol.gov/whd/regs/compliance/whdfs71.pdf.


3343 East Montclair Street, Suite A | Springfield, MO | (417) 631-4702

Personal training $35 per session$45 for an in-home personal training session.

Includes healthy eating plan and grocery store field trip with a Registered Dietitian.

DEXA Scan used to analyze Bodyfat and Lean Body Mass V02 max testing

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get more by exchanging rather than selling!

Sarah Viles1031 Exchange [email protected](417) 861-0544

Andrew J. Donelan joins Baty Holm Numrich & Otto in Springfield after five years at Hyde Love & Overby. His practice focuses on medical malpractice and other complex civil litigation defense work. He and his wife, Sarah, managing attorney at Legal Services of Southern Missouri, have two young children.


The law firm of Hyde, Love & Overby, LLP is pleased to announce that Patrick Springer

has joined the firm as an associate. Patrick is a 2015 graduate of University of Kansas

School of Law. He also has an R.N. degree from Southwest Baptist University. He is

originally from Aurora and is married to Brittany who is with Ozark Community Hospital.

The recent ruling demonstrates how the law concerning intern compensation is constantly evolving and why it is critical for employers to be cognizant of how their internship programs are structured and administered. Employers should take care to protect themselves from future wage and hour liability by evaluating their internship programs to ensure the scope of the intern’s responsibilities do not entitle him or her to minimum wage compensation using the some of these considerations:

• Is the internship structured similar to an academic experience (i.e. job shadowing)?

• Are existing employees required to work additional hours to perform the intern’s responsibilities in the intern’s absence?

• Does the intern receive the same level of supervision as existing employees?

• Is the internship for a fixed duration?• Is the internship understood to be a “trial period”?

Emma R. Schuering is an attorney with Polsinelli where she focuses her practice on labor and employment matters and complex litigation. She can be reached at [email protected] or 417.829.3825.

Internship Programs...continued from page 9


For Sale 1304 W Battlefield

• Price per SF: $104 • Lot size: 0.844 acres

• Building size: 6,586 SF • Battlefield frontage

• Owner is a potential tenant of 2nd floor space.

ARCH WATSON | 417.887.8826 x 113 | [email protected]

Sale Price: $690,000

More than Just office space, LocaL LandMarks.

HAMMONS TOWER AND THEJOHN Q HAMMONS BUILDINGSPRINGFIELD (MO)

plaza-realty.com


EMPLOYMENTHelp Wanted: Law ClerkThe Missouri Court of Appeals, Southern District is accepting applications for the position of Rotating Law Clerk. The minimum requirements for the position are graduation from an accredited law school with a juris doctorate and eligible to take or has taken the Missouri Bar Examination. Currently the starting salary is $48,156. Those interested may submit a resumé, writing sample and law school transcript to Sandra Skinner, Clerk, Court of Appeals, 300 Hammons Parkway, Springfield, MO, 65806 or to [email protected] no later than October 26, 2015.

Help Wanted: Associate AttorneyMorrissey Law Firm is seeking an experienced associate attorney for our growing team. Candidates must have at least two years relevant experience in Plaintiff ’s Personal Injury Practice. To be successful, candidates should enjoy working independently, be highly motivated and confident in their legal abilities. In addition, candidates should enjoy working in a high-volume, fast paced and dynamic law practice.- Graduate of accredited law school and licensed to practice in Missouri- Minimum of 2 years of experience in personal injury- Self-motivated and proactive in organizing work- Technology drivenPlease email resume to [email protected].

Help Wanted: Legal AssistantSpringfield, Missouri law firm seeks candidates for a legal assistant position. Qualified candidates should be familiar with Word, WordPerfect and Excel; be able to transcribe dictation and type at least 60 words per minute; and be able to effectively communicate with clients and guests. Previous experience in the legal setting is preferred although not required. Please send your resume to Taylor, Stafford, Clithero, FitzGerald & Harris, 3315 E. Ridgeview, Suite 1000, Springfield, MO, 65804; or by facsimile at 417-887-8431; or by email to [email protected].

Help wanted: ParalegalMorrissey Law Firm is seeking an experienced paralegal for our growing team. Candidates must have at least two years relevant experience in Plaintiff ’s Personal Injury including litigation, medical records, discovery, scheduling, client contact and trial preparation.- Degree or Certification in Paralegal Studies- Minimum of 2 years of experience in personal injury- Strong critical thinking and problem solving skills- Emotionally mature, and resistant to stress- Needles Case Management Software experience is a PLUS!Please e-mail [email protected] with your cover letter, resume and salary expectations.

Help Wanted: ParalegalLitigation Paralegal: Prominent Springfield, MO personal injury law firm is looking for a litigation paralegal to join our team. The ideal candidate will have 5+ years’ civil litigation experience and be able to effectively manage a very busy practice in a deadline-driven environment. Extremely competitive salary and comprehensive benefits package offered. This is a full-time, permanent position. For consideration, qualified candidates should forward their cover letter, references and resume to [email protected].

OFFICE SPACEOffice, furnished conference room and foyer available for expense-sharing arrangement at 3259 E. Sunshine. Call Don/Lynne. 883-3332; [email protected]

ANNOUNCEMENTSAUDIO ENHANCEMENT ANDRESTORATION SERVICESNEW forensic audio software used by DEA. SoundExpert removes background noise, brings voices inaudio or video recordings to forefront so a conversationcan be understood, transcribed and presented in legalproceedings. Fair pricing. 417-865-7981www.plankproductions.comor e-mail [email protected]

ADS & ANNOUNCEMENTS

For the most recent postings go to springfieldbar.com.

SPRINGFIELD Metropolitan Bar1615 S. Ingram Mill Road, Building D Springfield, Missouri 65804

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BAR NEWS ADVERTISING RATES 2015

rates per insertion (20% discount with 3 insertions, 30% discount with 6 insertions)

$550 full page (8”w x 10”h) $325 half page (8”w x 4 7/8”h)$250 third page (8”w x 3 1/8”h)$200 quarter page (3 7/8”w x 4 7/8”h)

For more information or to place an ad, go to springfieldbar.com and click sponsor information under the Sponsors and Vendors tab. If you need further assistance email [email protected].

Classified Ads:Bar News classified ads are accepted from SMBA members at the per insertion rate of $100.00. Classified ads from non-members are accepted, space permitting, at a per insertion rate of $300.00. Electronic classified ads (Bar Bell e-newsletter and springfieldbar.com) are also available and are highly recommended for time sensitive postings. For more information or to place an ad, go to springfieldbar.com and click sponsor information under the Sponsors and Vendors tab. If you need further assistance email [email protected].

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