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St. Louis Law Journal Blog


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Posted by: Jennifer Macke on Jan 19, 2023

Lawyer Referral

 

Copyright Registrations

Representing Law Firms Who Do Not Have Their Own

Trademark Attorney

Since 1983

Annette P. Heller, (314) 469-2610,

www.trademarkatty.com

 

Position Available

Attorney Positions

Wolfgram & Associates P.C. in St. Louis’ Central West End, is a four-memberPlaintiff’s personal injury trial practice, looking for a new or lateral hire. We offer competitive wages and benefits including a base salary, performance bonus and fee sharing opportunities representing new and existing clients. The only requirement is a desire to represent clients from intake to defended jury verdict. Practice includes all practice areas from workers’ compensation to medical malpractice. This is a great opportunity to have control over your professional destiny by joining a respected firm that has been around for more than 25 years. Please submit resume and cover letter to the confidential email of Kurt Wolfgram at kw@wolfgramlaw.com or by calling the direct line, 314-880-2041.

Privacy Litigation Attorney

Shook, Hardy & Bacon LLP is seeking a highly motivated, independent, and experienced litigator with 5 or more years of experience to join our nationally-recognized Emerging Privacy Litigation practice.  Experience in biometric privacy ligation, Pixel litigation, class actions, and/or other privacy litigation is preferred.  Candidates should have extensive experience managing discovery, excellent writing skills, and the ability to lead teams and efficiently implement strategy across multiple cases.  We do complex, cutting-edge work in jurisdictions across the country and have a deep commitment to providing opportunities for all lawyers to gain significant case management and courtroom experience.  Candidates must be licensed in Illinois and Missouri and would work from our St. Louis office, collaborating with lawyers in our Chicago office and other offices.  Some remote work is acceptable, and occasional travel to Chicago will be required.  Salary and title will depend upon experience, with the title being either Counsel or Senior Counsel.  Interested candidates are encouraged to apply online at https://www.shb.com/careers/legal-recruiting.  Shook, Hardy & Bacon L.L.P. is an Equal Opportunity Employer.

Attorney Positions

St. Louis law firm is seeking a highly motivated attorney with at least two years experience.  The associate will be practicing in several areas of litigation including, but not limited to, criminal, family law and personal injury.  Salary commensurate with experience and includes performance bonus.  Benefits include health insurance (fully paid), vacation, sick leave, Bar Association dues, and BAMSL membership.  Submit a resume and cover letter to John P Brown:  jpbrown@kiloflynn.com 5840 Oakland Avenue, St. Louis, Missouri, 63110.

Posted by: Seth Bursby on Jan 19, 2023

BAMSL BRIEFS

 

Did you Know? BAMSL Now has an App for That!

 

Introducing BAMSL’s new app - with easy access to register for BAMSL events and CLEs as well as a simple way to connect with colleagues straight from your phone. Visit www.bamsl.org/app to download the app today.

 

Fee Waived: Join BAMSL’s Lawyer Referral Directory

 

BAMSL’s attorney members are invited to join the St. Louis Lawyer Search with no fee to join. St. Louis Lawyer Search is a free online lawyer directory provided by BAMSL for the public. BAMSL’s attorneys may provide their legal services with their regular fee schedule but also have the opportunity to provide some services pro bono.

 

Join the directory for free by completing the form at www.bamsl.org/JoinLRS. For more information about the program, visit www.bamsl.org/clientreferrals.

 

Call for Volunteer Coaches, Judges and Evaluators: ____ teams to compete at in-person Missouri High School Mock Trial

 

Attorney volunteers are needed to help coach and judge high school mock trial teams for the 2023 Missouri High School Mock Trial Competition, which will be in person this year. This year’s competition has ____ teams registered. Volunteer as a coach at https://forms/office.com/r/pz1m906fNB. Volunteer as a judge or evaluator at https://signup.com/go/dezVxDT. Case details: www.momocktrial.org 

 

Legislative Legal Landscape: How will the 2023 Session Impact your legal practice?

 

BAMSL and Missouri Lawyers Media have partnered to present the 2023 Legislative Legal Landscape from 4-6 p.m. on Thurs. Jan. 12 virtually through zoom. Visit www.bamsl.org/events for details and to register. 

 

Day of Service: Donate, Volunteer for Urban League Food Distribution on MLK Day

 

BAMSL once again is partnering with the Urban League of Metropolitan St. Louis for a large food distribution on Martin Luther King, Jr., Day on Sat., Jan 15, 2023.

Volunteers are needed to help with the drive-through distribution. BAMSL members and firms can also support the efforts with donations sent to: St. Louis Bar Foundation/Urban League MLK Day 2023, 555 Washington Ave. Suite 100, St. Louis, MO 63101 or via the website at www.bamsl.org/urbanleague 

 

People and Places

 

Tucker Ellis LLP Promotes Eight Attorneys to Counsel

Tucker Ellis LLP announced the promotion of eight attorneys to counsel, including Bar Association of Metropolitan St. Louis members Max Huber and Andrea Lowe.



Moorkamp Joins Latitude

Amy Moorkamp has joined Latitude as the Director of Legal Recruiting and Placement in the company’s St. Louis office.

 

The Association of Corporate Counsel - St. Louis Chapter Receives Award

For the fifth consecutive year, the Association of Corporate Counsel - St. Louis Chapter (ACC STL) received the 2021 Gold Chapter of Distinction by the Association of Corporate Counsel (ACC). The award recognizes an individual Chapter’s accomplishments in areas including programming; membership recruitment; diversity, inclusion and equity; and governance and operations. 
 

Joan Swartz names Lawyer of the Year

BAMSL past president Joan Swartz named Missouri Lawyers Media 2023 Lawyer of the Year. Swartz will be honored at the 2023 Missouri Lawyers Awards on February 9.
 


Hon. Stephen R. Clark Begins Term As Chief Judge For Eastern District Of Missouri


Effective December 16, 2022, Hon. Stephen R. Clark assumed the role of Chief U.S. District Judge for the Eastern District of Missouri for a seven-year term. He succeeds Hon. Rodney W. Sippel in that role.

 

Heather J. Hays appointed Associate Circuit Judge


Governor Mike Parson appointed Heather J. Hays as Associate Circuit Judge for the 22nd Judicial Circuit. She will fill the vacancy created by the appointment of the Honorable Craig Higgins as Circuit Judge. Hays  is a past president at BAMSL.

Posted by: Hon. Susan Block on Jan 19, 2023

When it comes to looking at diversity and inclusion, let’s start right here at home. That’s what the National Center for State Courts did when it began working with the Missouri Judiciary to review its diversity in comparison with the general Missouri and United States population.

Specifically, race, ethnicity, gender, age, and education level were analyzed. The report included data on the judiciary and its employees. Combining this information offered a picture by race/ethnicity and gender.

We can take pride in some parts of this evaluation and may have concerns about others. I will summarize their report and add some observations of my own.

If you visit our courthouses you will not be surprised to learn that nearly three in four Missouri Judiciary personnel are women:  clerks, administrators, and court reporters. They are the engines that move the train of justice along.

The saying goes, “It’s good to know the law; it’s better to know the clerk.” Clerks are the gatekeepers to the judges and archivists of court judgments and orders. In Missouri their pay is not commensurate with the grave responsibilities they hold.

For the first time in my legal career, some judges do not have the benefit of a designated clerk; swing clerks move from division to division, playing catch up with all the e-filings, communication with the public and bar, and scheduling. 

African-Americans represent 14% of Missouri Judiciary personnel, reflective of our state’s population.

We need to support legislation that increases these workers’ income and that recognizes, financially, the critical nature of their work.

When I became a judge in 1978, the Missouri Non-Partisan Court Plan did not apply to magistrate judges in our region and there were no women judges. Since then, this Plan has resulted in a more gender-diverse bench: in non-partisan courts, 42% of judges are female, and 24% are female in elected courts.

Missouri’s judges are 32% female in toto, closely aligning with national data showing 34% of judges are women.

The Plan has also resulted in a more racially and ethnically diverse bench: in non-partisan courts, about 15% of judges are people of color, but only 2% are female in elected courts.

Studies have found the benefits of creating a diverse workforce include increased collaboration, broader viewpoints represented, and increased legitimacy from the public viewpoint. The judicial organization better reflects the population it serves.

Last year I wrote about the Missouri Supreme Court’s Commission on Racial and Ethnic Fairness, particularly the sub-committee on juvenile justice. We continue to work on changes in practices and procedures that disproportionately impact children of color.

Other sub-committees are hard at work on projects that would reduce bias in the courts.

The Practice of Law Sub-Committee developed a survey to all attorneys practicing in Missouri to obtain data on issues touching on the hiring, retaining and job satisfaction of racially and ethnically diverse attorneys. We need this information to make informed decisions about increasing the diversity in our law firms, corporations, and governmental agencies.

The Public Engagement Sub-Committee is working on having geographical teams conduct their community engagement activities in a manner conducive to their unique regional community culture.

An implicit bias video has been created by the Civil Justice Subcommittee to build awareness to jury pools. This video is being distributed to select jurisdictions to test its effectiveness. The professionalism of the participants includes appellate judges who speak out strongly against decisions based on bias.

Finally, last fall, the Judicial Subcommittee submitted two resolutions for consideration to be adopted by the Judicial Conference. One would support legislation that would lower the minimum age of a juror from 21 to 18, and the other would support legislation that would remove impediments to the availability of appropriate government records for use in compiling master jury lists. This committee is also working to address the racial biases through the Batson challenges.

Justice is slow, but it is heartening as we start the new year to know that so many are doing their part to improve the quality of justice, not just its speed.

If you are interested in any of the initiatives I have described, please contact me and I will try to get you engaged in this important work. It is worth your time and effort.

After all, isn’t that the reason we were all drawn to the law: to do justice for all.

Have a happy, healthy, and just New Year!

Posted by: Carol Davidson on Jan 19, 2023

Not so long ago we researched from books in a library and cc’s were actual carbon copies. Then came spotty-reception mobile phones and glacial DSL connections. The longer you've been practicing the more likely you are to remember when many law firms strongly encouraged office hours on Saturday. Free donuts!

Virtually all the technology that became commonplace by the summer of 2020 existed in the months and years before. Some brave pioneers even conducted depositions remotely in the 2010’s. The technology was available, but few chose to use it. It was just not the way lawyers did things.

Digital innovation, broadband, smart phones. The world has changed remarkably since the turn of the century. Yet the workplace, especially law firms and many corporate legal departments, has moved more slowly. The technology was there, but it took the creativity and resourcefulness forced upon us by a global crisis for the legal industry to fully embrace it.

Lawyering is challenging work. Complex, tedious, high stakes, often solitary. Lawyers are called upon to make sense of convoluted laws and solve the stickiest problems. For most of us though, the where and when of work has the potential to be quite flexible. The pandemic showed both employer and employee that we have more control over where, and even when we work than we thought.

In many industries – construction, hospitality, health care, education – flexibility is limited. Virtual doctor visits and online classes notwithstanding, jobs in those industries are much less flexible than the legal industry.

No doubt some lawyer work must be done in-person and during core hours. However, for many lawyers, the solitary and more tedious work can be flexible in terms of where (and often when) it is done. And so, we’re seeing law firm leaders and general counsels begin to embrace flexibility to help their lawyers achieve work-life balance, improve productivity and profitability, and attract perfect-fit talent that was once out of reach.

We can use our new-found flexibility for the benefit of our clients and our own happiness. Which brings me to flow.

Flow is the state of being completely immersed in an activity, to the point of full engagement and maximal productivity. Artists, gardeners, chefs, and even lawyers find flow. You know that feeling you get when you look up, you’re surprised at what time it is, maybe you forgot to eat lunch or dinner, and you’ve cranked out a bunch of work? That’s maximum flow. It’s absolutely delicious. Even shorter periods of day-to-day work can be done in a flow state. And yes, more collaborative work – negotiations, depositions, conversations with clients – can be done in a flow state.

The more we find flow, the more we’ll enjoy our work. More flow brings the personal satisfaction, growth, and enrichment that is the definition of occupational well-being.

How can we spend more of our time in a flow state?

  1. Focus. Work on one (and only one) goal or task at a time. Complete one task, then the next, then the next. Easier said than done, but task completion enhances focus, and focus enhances task completion.
  2. Goldilocks zone. Not too difficult and not too easy, it’s between anxiety and boredom. Challenging and interesting, but not overwhelming. So, think about your team, your office. Who is completing what tasks? Do you have the right skill mix? Could your team benefit from a specialist to serve as a mentor or a someone who can happily take on what your team members now find mundane?
  3. Timing. We’re all different. Some of us peak in the morning, some at mid-day, some later. And we have obligations. School drop off, taking mom to see her doctor, our own health and fitness needs.
  4. Location. Some of us work best in absolute quiet with no distractions, others with background noise. A few years ago, I was lucky to have a tiny, little used conference room near my office space. Whenever the chips were down, there was a problem to solve, or a deadline looming, I would get away from my phone, co-worker drop-bys, my stack of papers, and duck into the conference room for an hour, or two, or three (who knows? I was in the flow!). What works best for you and your organization?
  5. Assess. Reflect on how you best find that flow state. Leaders, ask your team. Team members, advocate for what you need.

We can find flow in different settings, at different times, and our most favorable circumstances can even change over time.

One sunny Saturday morning when I was fresh from passing the bar, a wonderful lawyer (and even finer human being) commented to me, while sitting in his office looking out at the window at downtown St. Louis, that he couldn’t think of a place he’d rather be at that moment. Not a hint of irony. I understand. His office was quiet, lovely, and he enjoyed accomplishing a lot on a Saturday morning. Denny Donnelly had found flow.

To enhance occupational well-being, curiosity and experimentation with when and where lawyers achieve flow is a great place to start for employers and employees alike.

Posted by: Brandy Simpson on Jan 19, 2023

As we head into a new year, what better time than now to reflect, reevaluate, and recharge.  At the end of every year, I find myself commenting on how quickly the past 365 days have flown by, and I imagine I’m not alone.  Time is a precious commodity for us all.  None of us know how much we actually have left and there are only so many hours in a day to do all the things we want and need to do.  In the words of author Annie Dillard, “How we spend our days is, of course, how we spend our lives.”  So, what are you doing with your time? 

For many, one-third of your life, or 90,000 hours, will be spent working.  Many of us have big career aspirations.  We want to achieve more and do more.  We want to be there for our families, travel, volunteer, exercise, and the list goes on.  But all of those things take time.  In the words of productivity expert David Allen, “You can do anything, but not everything.”  Isn’t that the truth. 

The legal field can be very fulfilling while at the same time very exhausting.  Committees, networking, boards, mentoring, and community service are just a few of the things that many try to do on top of their caseloads and family responsibilities.  It can be absolutely wonderful if all is going well in life, but throw in an illness, school closure, too many concurrent deadlines, and the wheels start falling off leaving you depleted and scrambling.  I say this not just to state the obvious, but as an opportunity to welcome you to pause and reflect on how you’ve spent your time over the past year and reevaluate how you want to spend your time moving forward.

Jobs are essential for many of us, but do you like your job?  Are you holding back from opportunities because you are scared?  What about the extracurricular items on your plate?  Are you passionate about the causes you are spending your time to support, or are you doing it out of a sense of obligation?  Are you taking care of yourself and your family?  Do you pursue your hobbies, actually take vacations, occasionally unplug, or are you constantly on the hamster wheel? 

Don’t get me wrong, some people love living the fast-paced, all-consuming, lawyer life, and there is absolutely nothing wrong with that.  However, if you find yourself waking up and dreading the obligations you have in the days and weeks ahead, I challenge you to reevaluate where you are and where you want to be.  Reflect on your past accomplishments and celebrate them.  Reflect on your past learning experiences, or what some may consider their “failures,” and let them go.  Learn from them, but let them go.  Move forward with confidence and resolve, and most importantly, dream big.  Our time here is limited but you can do anything you want.  What’s it going to be?  It’s a new year and the clock is ticking.

Posted by: Seth Bursby on Jan 19, 2023

by Amy McFarlin

 

“Each one must teach one,” says Mavis Thompson.  It is a wonderfully succinct way to describe the spirit of her career, as well as the career of her fellow 2023 BAMSL Legal Pioneer Award recipient, Keith Williamson.  Each has learned from pioneers who came before.  Each has become an amazing lawyer-leader.  And each is still busy blazing trails for others. 

On February 27, 2023, BAMSL and its Minorities in the Legal Profession section will be honoring both at the annual Gallery of Legal Pioneers event—taking place at the Missouri History Museum in Forest Park—for their outstanding achievements as lawyers and community leaders.  

Thompson and Williamson have accomplished so much on journeys that have taken them so many places: Washington, D.C., New York City, and Harvard University among them.  But St. Louis is where their pioneering paths began and where they ultimately returned.

 

Formative years and education

Thompson was the first in her family to attend college, earning a nursing degree from the University of Missouri – Columbia. She recalls fondly how happy her family and neighbors were for her; they arrived in limos to celebrate her graduation.  Thompson then journeyed east, taking work as a nurse in Washington D.C., and it was there that she was inspired to help others through a career in the law. 

Thompson recalls witnessing so many inequities in the D.C. hospitals.  The screams of women as they endured labor in insufficient facilities and with deficient care are still seared in her brain.  It lit a fire under her to seek justice for these people, and she and her fellow nurses joined efforts for a patient’s bill of rights.  They met with a member of Congress, and Thompson remembers being talked down to.  “You ladies should learn the law,” he chided. Thompson took this as a challenge—she decided to do just that.  She returned home and earned her JD from the University of Missouri – Columbia, later graduating from the John F. Kennedy School of Government at Harvard.

Williamson, too, grew up in St. Louis’s Northside. “I did a great job selecting parents,” Williamson jokes, “they were wonderful role models of civic involvement.”  His father was a journalist and photographer for the Argus, Mirror, and Sentinel newspapers, and his mother was the director of admissions and financial aid for Washington University’s School of Social Work. 

Williamson recalls his family regularly watching the evening news together and discussing the Civil Rights Movement.  His father and older sister traveled to the March on Washington, which his father covered in his work as a journalist.  His sister ultimately graduated from business school and his brother, graduated from the George Washington School of Law in Washington, D.C.

In addition to his brother’s example, the idea of becoming a lawyer entered Williamson’s mind during his years at Thomas Jefferson High School on South Lindbergh Road, where he was the only Black student at the time.  It was there that a teacher’s backhanded compliment about his talents for argument got him thinking about a career in the law.  Williamson’s journey down that road, like Thompson’s, began on the east coast. 

Following his brother’s footsteps, Williamson also left to study at Brown University In Rhode Island, earning his BA in economics and sociology.  He then attended Harvard University, earning both his JD and MBA, and later added an LLM in taxation from New York University, as well. 

 

Impactful homecomings

Having graduated from the University of Missouri – Columbia with her fire for justice still alight, Thompson joined the Sandberg Phoenix firm, becoming a litigator and senior associate in its health practice group.  She later moved into the public sector, where she has served the community in many roles: as an assistant attorney general in the state’s Medicaid fraud control unit; a member of the state’s Division of Employment Security Appeals Tribunal; a prosecuting attorney for the Cities of Berkley, Dellwood, and Wellston; the Circuit Clerk for the 22nd Judicial Circuit; and presently the License Collector for the City of Saint Louis.  She has been recognized as the first Black woman to serve in two different citywide elected offices through her roles as Circuit Clerk and License Collector.

Williamson began his legal career practicing tax law with firms in Washington D.C. and New York before moving to Connecticut to become director of tax for the global shipping company Pitney Bowes.  He also worked for the company as assistant general counsel for financial services and deputy general counsel for mergers, eventually becoming president of its capital services division. 

It was in 2007, thirty years after leaving St. Louis, when Williamson returned to become the senior vice president, general counsel, and secretary of the Fortune 500 healthcare company Centene. In 2020, Williamson became Centene’s chief charitable giving officer and president of its charitable foundation, where he continues to work today, making transformational investments in the St. Louis community.

Williamson’s career recognitions include the Whitfield Foundation for Success 2022 honorees; Christian Hospital Foundation’s 2021 “Drum Major Award;” Missouri Lawyers 2019 “Lifetime Achievement Award;” Savoy Magazine’s “2018 Most Influential Black Lawyers;” and the St. Louis Business Journal’s 2017 “Corporate Counsel of the Year.”

 

Volunteer activities and leadership

Judge Theodore McMillian, near the end of his own accomplished and pioneering life, once shared with Thompson “don’t go to the grave empty,” encouraging her to pass knowledge and experience to the next generation.  She and her fellow awardee Williamson have done just that.  Each have given so much to the community above and beyond their official roles.

Thompson leads and mentors the next generation of lawyers in numerous professional organizations.  She has served as the president of the National Bar Association, our nation's oldest and largest national network of predominantly Black lawyers and judges.  She has also been active in the Mound City Bar Association, American Bar Association, the Women Lawyers’ Association of Greater St. Louis, and Legal Services of Eastern Missouri.  Thompson has also sat on the board of trustees at the Herald Missionary Baptist Church, and she credits her faith for nourishing her spirit in her many endeavors.  “Give God the glory in everything you have and everything you do,” Thompson advises, “It is the sustenance of life.”

Williamson’s volunteer work includes serving as board chair of the United Way of Greater St. Louis; board chair of The Opportunity Trust; commissioner and search committee chair for the St. Louis Art Museum; the National Urban League; the Urban League of Metropolitan St. Louis; the Mathews-Dickey Boys & Girls Club; the Knowledge is Power Program of St. Louis; and the Mound City Bar Association.  With the National Urban League, Williamson has volunteered in the Black Executive Exchange Program, establishing mentoring relationships for young Black college students.

 

Reflections on the past & working towards the future

As a source of inspiration for his many charitable and community endeavors, Williamson reflects on his reaction in returning to St. Louis after being away for thirty years: he was alarmed at the difficulties the Northside was experiencing since he had left.  It gave him a very tangible motivation to work toward increasing equal opportunity and justice in the St. Louis area.

Thompson, too, has seen a need for greater fairness and justice in her community.  In starting her work with the License Collector, she encountered a problem: businesses being shut down when they struggled to pay for their licenses.  So, Thompson and her colleagues in the Collector’s office have brought greater due process to St. Louis businesses.  She helps businesses find solutions to their challenges, make their payments, and stay licensed to keep serving the region. 

For this approach, Thompson takes inspiration from her family.  She remembers her grandparents living at her family’s home, which they called the “home house” because it welcomed anyone who needed help.  This included her uncle, who suffered a major stroke, and whom she helped care for personally.  Based on these experiences, Thompson advises newer generations to remember and cherish their elders’ contributions.  She knows that it took a village to help her get to where she is now.  It is her responsibility—and the responsibility of everyone in positions like hers—to give back to that village. 

Regarding the village that is the St. Louis legal community, Williamson observes that great strides have been made in expanding its horizons.  He sees many more lawyers of color and women lawyers today in local law firms, building on the legacies of trailblazers in St. Louis history.  A group of those historic trailblazers founded the Mound City Bar Association, and both Williamson and Thompson have been active members.  From its founding in 1922, the Mound City Bar has helped diversify the legal community, making it possible for Thompson and Williamson to not just belong to but be honored by BAMSL. 

As a prominent example of how the Mound City Bar Association continues this work today, Williamson proudly points to its Equity Scholars Program.  Williamson helped develop and launch the program, which strives to promote diversity and inclusion in the legal profession, in partnership with local law schools as well as several St. Louis law firms.  Its inaugural class of four scholars are currently at or soon to enroll in the St. Louis University School of Law and Washington University – St. Louis School of Law.  Each of these scholars is receiving a financial assistance package that includes full tuition as well as customized financial supports.  The program also connects scholars with experienced St. Louis lawyer-mentors.

And just last year, Williamson notes, the Washington University Journal of Law and Policy dedicated an issue honoring the Mound City Bar’s centennial.  The issue documents a century of efforts by Mound City lawyers and their allies to eliminate racial discrimination and break down barriers to equal justice.  It also examines the necessary work still to be done in striving for equal justice in St. Louis and beyond. 

 

BAMSL’s Legal Pioneer award ceremony

BAMSL is humbled and honored to join in this work through groups like its Minorities in the Legal Profession Section and events like the annual Legal Pioneer Award ceremony.  Please join us for this year’s ceremony at the Missouri History Museum on February 27, 2023.  Together we will celebrate Mavis Thompson and Keith Williamson’s incredible pioneering careers and proudly add them to the Legal Pioneer Wall of Fame. For those interested in sponsorships or in advertising in connection with the event, please contact Sebrina Colvin at scolvin@bamsl.org.  We cannot wait to honor our newest Legal Pioneer Award recipients!

Posted by: Anne-Marie Brockland on Jan 19, 2023

I promised a discussion on extreme polarization – the us versus them phenomenon.  Its fallout can lead to democratic breakdown and its underpinnings have been heavily explored by social psychologists.  It has long been theorized[1] that humans crave belief congruence; in simple speak, we seek out people already like us.  When we have an opinion or an idea, we are highly susceptible to confirmation bias (giving greater credence to evidence that fits with our existing beliefs).  The problem as it relates to our democracy?  When individual citizens are susceptible to confirmation bias and are only considering evidence that supports our preexisting beliefs, in aggregate and unchecked, it causes overwhelming polarization. Take this excerpt as an explanation of how polarization comes to be:

The concept of group polarization comes from experimental social psychology.  It refers to the oft-observed tendency for members of a social group to arrive at a consensus (through group discussion and other forms of social interaction) that is more extreme but in the same direction as the average of their initial opinions on a given issue.  For example, groups that start out mildly risk-seeking become more risk-seeking over time, whereas groups that start out mildly cautious become more cautious over time.[2]

Polarization is not in and of itself a problem.  In fact, polarization has existed in our country since the early 1800’s; it is inherent in the firm establishment of our two-party system.  Some, including myself, would argue that it is indeed necessary in some form for a healthy country to thrive.   But it has not always been at the extreme levels we see today and has not always threatened democracy.  We have not always had an us versus them mentality.

What has led to its rise (newsflash, it did not happen overnight)?  I don’t know.  Perhaps its rise was facilitated by an easier means for us to find likeminded people and ideas and get cozy in our group think: social media/the internet.  The ability to go down an internet rabbit hole validating every belief a person could ever possibly hold is astounding.  Perhaps it was something else or a combination of factors. 

How can we stop it?  I would like to say if we all did more listening to other points of view and less talking about our own, that would help curb it.  But that may not necessarily be helpful on a mass level; at least one study concludes that extreme polarization can be mitigated by limiting exposure to dissimilar views.[3] 

Maybe if we recognize what we are innately doing as individuals, and how our beliefs have been formed and promulgated, we may become more understanding of other people’s beliefs and the journey they have taken to reach them.   I posit that the way to combat extreme polarization is not necessarily to submerse yourself in others’ views, or to fundamentally change your own, but rather to understand that your own point of view has been shaped in the same underlying manner as the other side’s.  Once you begin to understand that shared foundation, you may lessen your grip on your own opinions -- or at least be more tolerant of others.[4]  One thing is for certain, a democracy cannot thrive without us.

We have a lot of great events coming up at which I hope to see you all.  Mavis Thompson and Keith Williamson will be inducted into the Gallery of Legal Pioneers on February 27th at the St. Louis History Museum.  The Annual Judicial Retirement Dinner will be held on March 9th at the Chase.  Finally, it’s January, when we are always looking for volunteers to judge the Mock Trial Competition.  If you have ever needed a pick-me-up in your practice, volunteer for this, trust me.  The energy of the students will remind you why you chose this profession.  Stay warm!

 

[1] It is my second-to-last President’s Page, and I must fit in my biggest pet peeve before my time is up.  In science, there is no such thing as “proof.”  There are hypotheses that are tested, and if the result is statistically significant, it becomes theory.  But it’s never proof.  If you want proof, you need to hop on over to mathematics.  So, if you ever read a label on a product that says, “Scientifically Proven,” you, my friend, are looking at an advertisement.  Also, don’t blindly trust medical or scientific research – researcher bias is a glaring problem.  But I digress.

[2] Cognitive-Motivational Mechanisms of political polarization in social-communicative contexts, J. Jost, D. Baldassarri, J. Druckman, www.nature.com/articles/s44159-022-00093-5.

[3] Preventing extreme polarization of political attitudes, R. Axelrod, J. Daymude, S. Forrest, https://doi.org/10.1073/pnas.21021391

[4] It goes without saying that today and throughout history there have been belief systems that are outright dangerous to people’s lives –I am not herein suggesting tolerance for those.

Posted by: Anne-Marie Brockland on Oct 31, 2022

Twice a year, I travel to Washington, D.C., as part of my board obligations for the American Association for Justice. I always carve out time to strap on my running shoes and take the same walk: my hotel to the White House to the Lincoln Memorial to the World War II Memorial to the Washington Monument down Constitution Avenue around the U.S. Capitol to the Supreme Court and back to my hotel.

Normally, it is just a prime opportunity for me to geek out. This time is different. It is four days after Prof. Joel Goldstein, who has devoted his working life to the study of our Constitution, told us that he is profoundly concerned about the state of our Constitutional democracy. And so on this beautiful day as I look up at our country's monuments, I do not feel awe; I feel desperation.

Goldstein reminded us of our Constitutional core — the fundamental ideals for which all lawyers can agree: We are a limited government, and our governing bodies are tasked with what they are best suited to perform. We are a government of the people, we the people.

Although we did not begin this way, we have ratified pluralism — our belief of inclusivity. We are a government of laws, not of persons; nobody is above the law. We have made a commitment to deliberative government, based on information and civil dialogue. It is inherent in the way a bill becomes law and our Courts write opinions. Deliberative government depends on truth. Finally, imbedded in our Constitution is our reciprocal commitment to each other. None of us always gets our way: sometimes our policies win and sometimes they lose. And when we are on the losing end our commitment to one another requires us to put our Constitution on a higher plane than individual policy.

Of course, Goldstein provided ample authority for each of these fundamental concepts.

With these as our fundamental Constitutional values, it is easy to see why Goldstein is concerned. If even one of these values shakes, they all shake. Right now, they are all shaking independently. It is this earthquake that changes my normally peaceful walk into a desperate one.

What can we do? Goldstein spoke of a lawyer's duty to act with Constitutional morality and to promote appreciation of Constitutional ideals. He also spoke of the need for the citizens of our country to feel a sense of responsibility and how we as lawyers can help ensure that we have an alert and informed citizenry.

That, to me, feels like trying to tell a bird where to fly. How can we accomplish that task in today's climate? Where do we start? I suggest that we start by listening. We listen to the people who have run out of rope. We listen to people with whom we do not agree. We listen to people we think are destroying our country. We diagnose how it came that some of our citizens veered from America's core values. We take accountability for how we contributed to that. Only then do we gently inform.

I realize something as I walk down Constitutional Avenue, something that gives me hope. Although I was delighted to hear Prof. Goldstein speak again, we did not need him to tell us the foundational ideals to
which we all can agree.

We have etched them on our country's most treasured buildings:

That we here highly resolve that these dead shall not have died in vain – that this nation under God shall have a new birth of freedom – and that government of the people by the people for the people shall not perish from the earth.
– The Lincoln Memorial
The Department of Commerce assembles here the forces designed by congress to advance the interests of industry and trade, through experimental research, the dissemination of knowledge and administrative vigilance it stimulates, the progress of America upon land and sea and in the air and thereby speeds the nation in the march of mankind.
– The Department of Commerce
The ties that bind the lives of our people in one indissoluble union are perpetuated in the archives of our government and to their custody this building is dedicated.
– Archives of the United States of America
Enlighten the people generally, and tyranny and oppressions of body and mind will vanish like evil spirits at the dawn of day.
– The United States Capitol
The greatest dangers to liberty lurk in insidious encroachment by men of zeal, well-meaning but without understanding.
– The United States Capitol
We have built no temple but the Capitol. We consult no common oracle but the Constitution.
– The United States Capitol
Equal justice under law.
– Supreme Court of the United States

 

Posted on: Aug 30, 2022

In Memory of Howard Stern Smotkin

We are saddened to learn of the recent passing of BAMSL member Howard Stern Smotkin. Mr. Smotkin was honored in May with the BAMSL President's Outstanding Service Award and most recently served on the Finance Committee and Pandemic Task Force. His contributions to our organization were invaluable and his service to others will not soon be forgotten. You can read the full obituary at stljewishlight.org.

BAMSL BRIEFS 

New BAMSL Member Benefit: St. Louis Business Journal Discount 

BAMSL members can subscribe to the St. Louis Business Journal for a discounted rate of $90 per year (regularly $160 annually) and receive both the print and digital version. For more information, please contact Geri Tellier. directly at (866) 8154892 gtellier@bizjournals.com


Thank You to the Donors and Volunteers for 9/11 Day of Service 

Thank you to the 100 volunteers and the donors who contributed generously to make the 9/11 Day of Service a success. The BAMSL St. Louis Attorneys Against Hunger Committee partnered with the St. Louis part of the national 9/11 Day of Service to pack food for the St. Louis Area Foodbank and The Outreach Program (the same programs that the cancelled St. Louis World Food Day supported). 

Thank you to the following who donated (as of Aug. 22): 

  • Dowd Bennett LLP 

  • The Simon Law Firm, P.C.  

  • Husch Blackwell LLP 

  • Boggs, Avellino, Lach & Boggs, LLC 

  • Greensfelder, Hemker & Gale, P.C. 

  • Hon. Susan Block  

  • Christine Hermann, Husch Blackwell LLP 

  • Patti Cowick, Husch Blackwell LLP 

Thank you to the continued generosity of the BAMSL membership for its commitment to helping our community. 


Pro Bono Opportunities to Serve Flood Victims 

Attorneys seeking to assist victims of the July flooding in St. Louis may volunteer with Missouri Free Legal Answers or The Missouri Bar's Disaster Recovery Legal Assistance hotline. 


Missouri Free Legal Answers 

Attorneys who would like to volunteer to answer questions on Missouri's Free Legal Answers page can sign up at https://missouri.freelegalanswers.org


The Missouri Bar's Disaster Recovery Legal Assistance Hotline

When disasters occur, a toll-free telephone number -- (800) 829-4128 -- is established at The Missouri Bar to receive requests for legal help from those affected by the disaster. Callers will be asked for a brief description of their problem or question as well as a return phone number. Volunteer lawyers are asked to return a call within 48 hours and provide free legal help. They cannot represent callers in court or accept the caller as a paying client. After talking with a volunteer lawyer, callers may be referred to available resources if they decide they would like a lawyer to represent them. Sign up at  mobar.wufoo.com


Did you Know? BAMSL Now has an App for That! 

Introducing BAMSL's new app - with easy access to register for BAMSL events and CLEs as well as a simple way to connect with colleagues straight from your phone. Visit bamsl.org/app to download the app today. 


Join BAMSL at the St. Louis BizDash 

BAMSL's Well-Being Committee has formed a team for the 2022 St. Louis BizDash, scheduled for Thurs., Sept. 22 at the new St. Louis City SC Centene Stadium. Registration is $45 per person. Visit www.stlbizdash.com for more information. Join BAMSL's team at www.bamsl.org/bizdash


Fee Waived: Join BAMSL's Lawyer Referral Directory 

BAMSL’s attorney members are invited to join the St. Louis Lawyer Search with no fee to join. St. Louis Lawyer Search is a free online lawyer directory provided by BAMSL for the public. BAMSL’s attorneys may provide their legal services with their regular fee schedule but also have the opportunity to provide some services pro bono. 

Join the directory for free by completing the form at  bamsl.org/JoinLRS. For more information about the program, visit bamsl.org/clientreferrals

 

PEOPLE AND PLACES 

Hon. Howard Wins Power 50 Award 

The National Bar Association recently awarded BAMSL President-Elect Judge Kendra Howard the inaugural Power 50 Award at the associations’ 97th Annual Convention.  
 
The award honors “exemplary careers and selfless commitment to the legal community.” Each of the nominees was recommended by several of their peers and subjected to a rigorous review process that ensured each candidate met all of the qualifications in their respective fields.  


Dobbs Named St. Louis ‘Lawyer of the Year’ 

Gray Ritter Graham attorney Graham Dobbs was named the Best Lawyers 2023 St. Louis “Lawyer of the Year” for Medical Malpractice Law-Plaintiffs in the 2023 edition of The Best Lawyers in America®.  

Only a single lawyer in each practice area and designated metropolitan area is honored as a Best Lawyers “Lawyer of the Year.” Lawyers so honored are selected based on particularly impressive voting averages received during the exhaustive peer-review assessments Best Lawyers conducts with thousands of leading lawyers each year. 


Cardina Johnson Joins USA&M 

Cardina Johnson has joined the mediator panel of United States Arbitration & Mediation (USA&M).  


Thompson Coburn Applies for Trademark Protection of its Brand in the Metaverse 

Thompson Coburn, an AmLaw 200 firm with six offices across the country, has stepped into the virtual world by becoming one of the first major U.S. law firms to apply for trademark protection for its brand in the metaverse.  

“It’s important for us to operate where our clients operate, whether in a physical geographical location or, in this case, a virtual universe,” IP Co-Chair Tom Polcyn said. “By securing our trademark now for the metaverse, we’re protecting our brand in this new digital environment. We’re also laying the foundation to interact with our clients in the metaverse and help advise them on the multitude of business and legal questions related to operating in the metaverse and other virtual worlds.” 

After discussions by firm management and the Innovation Committee, Thompson Coburn’s Intellectual Property team sought to protect its brand in the metaverse. Thompson Coburn is among the first AmLaw 200 law firms to seek a trademark protection. The firm is also in the process of assisting clients in obtaining trademark registrations in the metaverse.  


UPCOMING BAMSL EVENTS

Sept. 12: 9/11 Day of Service with St. Louis Attorneys Against Hunger Committee 

Sept. 15: YLD Happy Hour 

Sept. 22: BAMSL’s team at St. Louis Biz Dash 5K Run/Walk 

Sept. 24: BAMSL LGBTQ+ Committee booth at Tower Grove Pride 

Sept. 25: Out of the Darkness Suicide Prevention Walk  

Oct. 20: Solo and Small Firm Practitioners Section Happy Hour 

Oct. 21: Saint Louis Bar Foundation Spirit of Justice Awards Celebration 

Oct. 27: 2022 Inventor of the Year Awards 

NOTE: All event information is online at bamsl.org/events


BAMSL CLE SCHEDULE 

Sept. 16: A Day Without Hustle (One-Day Well-Being Retreat) 

Sept. 19: International Law and the War in Ukraine - International Criminal Law  

Sept. 19: Litigation Cases in Tax Court – Best Practices and Procedures to Effectively Represent Your Clients 

Sept. 19: Fundamental Constitutional Ideals, Jan. 6 and Constitutional Morality – An Academic Perspective 

Sept. 22: Ethical Web Sites and Trademarks 

Oct. 4: International Law and the War in Ukraine - Financial Implications for Global Trade and the U.S. Economy 

Nov. 1: International Law and the War in Ukraine: Refugee Protection, Migration and Statelessness 

May 31-June 2, 2023 SAVE THE DATE: Bench & Bar Conference 

Please visit bamsl.org/CLE for the most updated information about BAMSL CLEs. 

 

For inclusion in BAMSL’S People, Places and Briefs, please email press releases (as a Word document) and .jpeg photos to ssagarra@bamsl.org by the 12th of each month prior to the next month’s publication date. This is a benefit for BAMSL members only. 

Posted on: Aug 30, 2022

On Sept. 27, future lawyers joined BAMSL and its Young Lawyer Division in downtown St. Louis for our annual Summer Associate luncheon.

This year’s program kicked off with a visit to the Thomas F. Eagleton U.S. Courthouse, where the law students listened to the wisdom of Hon. John Bodenhausen, Hon. Rodney W. Sippel and Hon. E. Richard Webber.

From there, the group visited the Freedom Suits Memorial at the St. Louis Civil Courts Building, where the Freedom Suits Memorial Steering Committee Chair Paul Venker shared the story behind the sculpture.

The event wrapped up with a lunch at the Missouri Athletic Club, with remarks from BAMSL President Anne-Marie Brockland, Young Lawyers Division Chair Sarah Bardol and Vince Taormina, speaking on behalf of the Membership Committee.

To view photos, please visit bamsl.org/photos.


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