Administrative Law

MoBarCLE
Adoption Law and Practice
Appellate Court Practice
Bankruptcy Practice
Business Transitions

Publications
Civil Procedure
Civil Trial Practice
Commercial Law
Condemnation Practice
Construction Law
Consumer Law and Practice

2011
Contracts
Corporate Organization and Operation
Creditors’ Remedies
Criminal Practice

Catalog
Damages
Discovery
DWI Law and Practice
Elder Law
Employer-Employee Law
Employment Discrimination
Environmental Law
Estate Administration
Estate Planning
Evidence
Evidence Guide
Family Law
Farm Law
Insurance Practice
Intellectual Property Law
Juvenile Law
Litigation Settlements
Local Government Law
Mental Health Law
Professional Liability
Real Estate Practice
Remedies
School Law
MoBar
Secured Transactions CLE
Sources of Proof 50 Years of Excellence
Specialized Business Entities
Taxation Law and Practice
Time Limitations
Tort Law
Trusts, Powers of Attorney,
  Custodianships, and
  Nonprobate Matters
Workers’ Compensation Law
www.mobarcle.org (888) 253-6013
1
 MoBarCLE Publications
General Information
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secondary-source law books. MoBarCLE books are
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2
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simply return it in an undamaged, unmarked condition
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QUESTIONS ABOUT CLE BOOKS?
Call (888) 253-6013
 MoBarCLE Publications

Books about Missouri law written by Missouri lawyers.

Administrative Law......................................... 4
Adoption Law and Practice............................. 5
Appellate Court Practice................................. 6
Bankruptcy Practice....................................... 7
Business Transitions...................................... 8
Civil Procedure............................................... 10
Civil Trial Practice........................................... 11
Commercial Law............................................. 12
Condemnation Practice.................................. 13
Construction Law............................................ 14
Consumer Law and Practice.......................... 15
Contracts........................................................ 16
Corporate Organization and Operation.......... 8
Creditors’ Remedies....................................... 17
Criminal Practice............................................ 18
Damages........................................................ 19
Discovery........................................................ 20
DWI Law and Practice.................................... 21
Elder Law....................................................... 22
Employer-Employee Law............................... 23
Employment Discrimination............................ 24
Environmental Law......................................... 25
Estate Administration...................................... 49
Estate Planning.............................................. 50
Evidence......................................................... 26
Evidence Guide.............................................. 31
Family Law..................................................... 32
Farm Law....................................................... 33
Insurance Practice.......................................... 34
Intellectual Property Law................................ 35
Juvenile Law................................................... 36
Litigation Settlements..................................... 37
Local Government Law.................................. 38
Mental Health Law.......................................... 39
Professional Liability....................................... 40
Real Estate Practice....................................... 41
Remedies....................................................... 42
School Law..................................................... 43
Secured Transactions..................................... 44
Sources of Proof............................................. 45
Specialized Business Entities......................... 9
Taxation Law and Practice............................. 46
Time Limitations............................................. 47
Tort Law.......................................................... 48
Trusts, Powers of Attorney, Custodianships,
  and Nonprobate Matters............................ 51
Workers’ Compensation Law.......................... 52

General Information...................................................... .2 & 53

Electronic Publications Information......................................54
Order Forms................................................................. 28–29
Volunteer Form.....................................................................30
2010 Volunteers...................................................................27

The Missouri Bar Continuing Legal Education

is entirely self-supporting. MoBarCLE receives
no part of member dues. The only sources
of revenue are program registration fees and
publications sales.

3
 MoBarCLE Publications
Administrative Law
  In 1994, the Supreme Court of
Missouri noted that “administrative
law is an increasingly important
area of practice in Missouri.” Weber
v. Firemen’s Ret. Sys., 872 S.W.2d
477, 478 (Mo. banc 1994). Whether
you regularly practice in this area
or, like many other attorneys, are
unfamiliar with all the rules and
regulations but find yourself facing
administrative law issues with in-
creasing frequency, this deskbook
will provide valuable assistance.
  The 2-volume set covers a broad
range of topics, from immigration
practice to education law to prac-
tice before various state agencies.
It includes forms and a forms disk;
new chapters on Education Law,
the Department of Social Services,
and the Gaming Commission;
practice pointers; agency contact
information; procedural guidelines;
and more.
  For a list of the forms available
on the disk, visit our online CLE
Publications Bookstore at www.
mobarcle.org.
Contents
1. Introduction
Kent L. Brown
2. Administrative Rules and
Rulemaking
Gary W. Duffy
3. Agency Adjudication—
Contested and
Noncontested Cases
John D. Landwehr,
Lowell D. Pearson, and
Kent L. Brown
4. Judicial Review
Paul M. Spinden
4
5. Evidence and Burden of Proof
Harvey M. Tettlebaum and
Amanda Bartlett Mook
Mary S. Erickson (Supp.)
6. Practice and Procedure
Before the Administrative
Hearing Commission
Daniel R.E. Jordan and
James B. Deutsch
7. Extraordinary Writs
Paul H. Gardner
8. Attorney Fees Forms on
Robert C. Cook and
William J. Bryan, IV
CD-ROM
9. Missouri Open Meetings/
Open Records Law
(Sunshine Law)
James H. Klahr
10. Professional Licensing 19. Education Law
Audrey Hanson McIntosh Keith R. Powell and
11. Personnel Hearings Before Kristen K. Morrow
Administrative Hearing Kelli Hopkins (Supp.)
Agencies 20. Gaming Commission
Paul R. Otto Kurt P. Valentine
12. Public Service Commission 21. Agency Summaries
William R. England, III and Jane A. Rackers
Paul A. Boudreau 22. Federal Procedure and
13. Intrastate Transportation by Review
Motor Vehicle David R. Tripp and
Stephen G. Newman David A. Linehan
David E. Woodside (Supp.) Andrew L. Schulkin (Supp.)
14. State Tax Commission 23. Immigration and
R. Randall Turley and Naturalization Practice
Aimee L. Smashey Lilian C. Fernandez
15. Department of Revenue
Department of Revenue Staff
16. Employment Security Law
Ninion S. Riley
17. Administrative Procedures
Under Civil Rights Laws
Details and Price
Sandra L. Schermerhorn and
James M. Paul
2 vols. (3rd ed. 2000) 1,019 pp.
18. Department of Social
plus 2003 Supp., 152 pp.
Services
Department of Social
$225
Services Staff
Department of Health and
  Senior Services Staff (Supp.)

Adoption Law and Practice
  Adoption Law and Practice is an
expanded and updated version of
chapters previously included in Mo-
BarCLE’s Family Law and Juvenile
Law deskbooks. The stand-alone
deskbook incorporates the latest
caselaw and statutory changes to
the Adoption Code. While adoptions
are often uncontested, the authors
identify problem areas to watch for
and offer practical guidance for navi-
gating trouble spots to ensure the
finality of the adoption decree.
  Learn how to properly serve
process on all necessary parties,
known or unknown. Learn who can
intervene in an adoption proceeding.
Learn the requirements for a valid
consent and in what circumstances
consent can be revoked. Find out
what subsidies and tax credits are
available to adopting families and
the importance of complying with the
UCCJA, the Indian Child Welfare Act,
and the Interstate Compact on the
Placement of Children. Whether you
are a seasoned adoption attorney
or new to the field, this deskbook
is full of valuable resources to
sharpen your knowledge of the
law and reduce the amount of
time you spend drafting all of the
necessary documents. The 2008
supplement includes discussions
of the overlap between adoption
proceedings and termination of
parental rights proceedings and
You’ll be satisfied with our books . . . we guarantee it.
Return privileges apply on all books and supplements. If for any
reason you are not satisfied with a book or supplement, simply
return it in undamaged, unmarked condition within 30 days. Your
money will be refunded promptly.
MoBarCLE Publications
the rights of putative or unknown
fathers. The supplement also
includes new information about the
Hague Convention on Intercountry
Adoption, which has significantly
changed the way international
adoptions are handled. The forms
CD-ROM includes more than 30
sample forms: worksheets, petitions,
consents, decrees, and more!
  For a list of the forms on the
CD-ROM, visit our online CLE
Publications Bookstore at www.
mobarcle.org. Forms on
CD-ROM
Contents
1. Introduction
Martin Schiff, Jr. and
Timothy B. Brassil
2. Practice and Procedure
Details and Price
Martin Schiff, Jr. and
Timothy B. Brassil (2004) 166 pp. plus
2008 Supp., 23 pp.
3. Equitable Adoption
Martin Schiff, Jr. and
$125
Timothy B. Brassil
4. International Adoption
Rodolfo Rivera
5. Forms
Martin Schiff, Jr.,
Timothy B. Brassil, and
Rodolfo Rivera
5
 MoBarCLE Publications
Appellate Court Practice
  Appellate advocacy presents 3. Trial and Posttrial Motions
unique challenges and decisions Affecting Appeals in Civil
for attorneys. Missouri Appellate Cases
Court Practice, now in its fifth edi- P. Pierre Dominique and
tion, provides valuable guidance and J. Christopher Spangler
answers. The authors go beyond 4. Settlement Conferences
setting out the substantive issues Richard L. Schnake
and procedural requirements so 5. Record on Appeal
important to the appellate process; Janet M. Thompson
they draw on their vast experience 6. Briefs
to provide down-to-earth advice Alana M. Barragán-Scott
about everything from realistically 7. Oral Argument
assessing the chances for success James R. Layton
on appeal to how to best present an Cheryl C. Nield (Supp.) Forms on
exhibit during oral argument. Cov-
erage includes the Supreme Court
8. Motion Practice in Appellate
Court
CD-ROM
of Missouri, all three districts of the Colleen Joern Vetter
Missouri Court of Appeals, and the 9. Sanctions for Frivolous 14. Quo Warranto
Eighth Circuit Court of Appeals. Appeals Susan Ford Robertson
  For a list of the forms on the CD- Joy I. Hannel 15. Habeas Corpus
ROM, visit our online CLE Publica- 10. Criminal Appeals and S. Paige Canfield and
tions Bookstore at www.mobarcle. Postconviction Remedies Christine E. Rollins
org. Randall D. Eggert
11. Rehearings, Transfers, and
Contents
Certiorari—Missouri and
1. Initial Considerations: Federal
Evaluating a Case for Bryan E. Nickell Details and Price
Appeal; Ethical 12. Practice Before the United
Considerations on Appeal; States Court of Appeals for (5th ed. 2002) 480 pp.
New Counsel on Appeal? the Eighth Circuit plus 2007 Supp., 207 pp.
Dennis Owens William E. Quirk
2. Appeals—Who, What, When, 13. Writs of Mandamus and $195
Where, and How Prohibition
Mark G. Arnold James W. Erwin

Discounts
MoBarCLE offers the following discounts on full price orders:
2 titles - 10%
4 titles - 20%
6 titles or more - 30%
Complete Library
We also offer a complete library price of $4,500.
A savings of over 50% off individual title prices.

6

Bankruptcy Practice
    This two-volume set is critical for
attorneys who practice bankruptcy law,
especially those who do not practice it
exclusively, and for those who practice
in areas where bankruptcy issues can
arise, including creditors’ and debtors’
counsel. The authors include judges,
professors, trustees, and practicing
attorneys. You’ll find discussion of the
BAPCPA, practice notes and tips, charts,
checklists, examples, and sample forms.
  The book begins with a helpful
MoBarCLE Publications
CD-ROM, visit our online CLE Publica-
tions Bookstore at www.mobarcle.org.
Contents
1. Overview of Title 11
Charles E. “Sketch” Rendlen, III
2. Jurisdiction, Procedure,
Appeals, and Related Matters
Steven N. Cousins and
Susan K. Ehlers
3. Property of the Estate

Full-Text
overview chapter that covers such issues Ronald S. Weiss and
as reasons to consider bankruptcy, which Max Jevinsky 2010
Supplement CD-ROM
type to choose, finding the courthouse, 4. Discharge and Dischargeability
fee schedules, and resource materials. Seth A. Albin, Brian W. Hockett,
The second chapter covers jurisdiction,   and Gwendolyn Froeschner Hart
venue, procedure, appeals, and
Allison Graves (Supp.)
other matters. Learn what property is
5. Stays 14. Executory Contracts and
property of the bankruptcy estate, which
property is specifically included, which A. Thomas DeWoskin and Unexpired Leases
is exempted or excepted, and which Teresa A. Generous Gregory D. Willard,
property there is a question about. Find Jennifer Doering (Supp.) Mark G. Stingley, David M. Unseth,
coverage of discharge, dischargeability 6. Avoiding Powers and Michelle M. Masoner
of debts, reaffirmation agreements, Cassandra L. Writz, 15. Employment of Professionals
and enforceability of liens following Cynthia Dillard Parres, and Gary D. Barnes and
discharge. Learn about stays on creditor Lee J. Viorel, III Arthur B. Federman
actions, including automatic stays and Purvi M. Shah (Supp.) 16. Tax Issues Arising in
exclusions from automatic stays, the 7. Chapter 7 Bankruptcies Bankruptcy
duration of stays, how to get relief from Charles W. Riske, Michelle Arnopol Cecil
stays, and effects of violations of stays.
Kevin Checkett, and Harry Charles (Supp.)
Find out about the trustee’s avoidance
powers toward preferential transfers. Kathy A. Surratt-States 17. An Overview of Bankruptcy
Learn the priorities of claims and about 8. Chapter 11 Case Administration Litigation
cram down. Compare Chapter 7, 11, 12, Scott J. Goldstein, Lisa A. Epps, Jerry W. Venters
and 13 bankruptcies—what they are,   Joel Pelofsky, and Robert S. Baran (Supp.)
how they differ, when they apply—and David A. Warfield 18. The United States Trustee
learn about the right of conversion. Find Laura Uberti Hughes (Supp.) Program
chapters on involuntary bankruptcies, 9. Confirmation and Cram Down Charles E. “Sketch” Rendlen, III
secured claims, executory contracts of Chapter 11 Plans Nancy J. Gargula (Supp.)
and unexpired leases, employment of David A. Lander, Cynthia F. Grimes, 19. Bankruptcy Filing—Electronic
professionals, and the United States Jennifer A. Merlo, Dennis R. Dow, Case Filing
Trustee Program.
and Laurence M. Frazen Dana C. McWay, Sandra F. Louis,
  This edition also includes new chap-
Laura Toledo (Supp.) Paula C. Acconcia, and
ters on tax issues in bankruptcy, litiga-
tion in bankruptcy, and electronic case 10. Chapter 12 Bankruptcies Roberta Kostrow
filing—covering everything from logins Joel Pelofsky and Paul H. Berens Gary D. Streeting (Supp.)
and passwords to menu options to how 11. Chapter 13 Bankruptcies
to contact the help desk. And the book Volunteers and Staff Details and Price
comes with a full-text, fully searchable Diana S. Daugherty and
CD-ROM that also includes the sample Richard V. Fink (Supp.) 2 vols. (2nd ed. 2007) 1,040 pp.
forms in word-processing format. The 12. Involuntary Bankruptcies plus 2010 Supp., 198 pp.
2010 supplement covers recent cases Wendi S. Alper-Pressman and
applying the BAPCPA and time limit Jerald S. Enslein
changes under the new federal time com- $245
13. Secured Claims in Bankruptcy
putation rules and includes an updated
Cases
CD-ROM. For a list of the forms on the
Abigail B. Willie 7
 MoBarCLE Publications
Business Transitions
  The first book published in the MoBar CLE’s
Business and Corporate Law Series, Missouri
3. Estate Planning Aspects Full-Text
Kimberly S. Zellmer
Business Transitions guides the practitioner
through the changes in the life of a business. Christine H. DeMarea (Supp.) CD-ROM
This book will help you help your clients reach 4. Corporate Law Aspects of
their goals. The authors explain tax consider- Voluntary Dissolutions and
ations and estate planning aspects and high- Liquidations
light dissolution, liquidation, sale, and merger
Dale A. Werts and Sean A. Power
issues. And the 2009 supplement includes
statutory updates, including the American Kristen V. Toner (Supp.)
Recovery and Reinvestment Act of 2009; new 5. Involuntary Dissolutions and 10. Taxable Sale or Acquisition of a
sections on freeze-out mergers, nonsolicitation Liquidations Corporation
covenants, and corporate reoganization of iden- Richard W. Engel, Jr. and Ben W. Hobert
tically owned corporations; and new sections David W. Braswell Molly J. Maurin (Supp.)
discussing the state of the economy.
  The book includes a full-text, fully searchable
Callan F. Yeoman (Supp.) 11. Nontaxable Acquisition or
CD-ROM that also includes over 100 pages of 6. Tax Aspects of Corporate Disposition of a Corporation
sample forms and checklists. For a list of the Liquidations George F. Crawford and
forms on the CD-ROM, visit our online CLE Dana A. Lasley Christopher C. Fairchild
Publications Bookstore at www.mobarcle.org. 7. Patterns of Sale Ben W. Hobert and Molly J. Maurin
Jacob C. Young, III, (Supp.)
Contents Michael J. Van Dyke, and
1. Internal Corporate Readjustments Mitchell E. Albert
Richard N. Nixon, John W. Finger, 8. Sale or Merger Details and Price
and J. Kyle McCurry Geetha Rao Sant
Jason L. Nonnemaker (Supp.) 9. Securities Law Aspects of (2005) 672 pp.
2. Tax Law Governing Internal Corporate Reorganizations plus 2009 Supp., 73 pp.
Corporate Readjustments Mark D. Murphy
John P. Barrie and Dana A. Lasley $195

Corporate Organization and Operation

  Missouri Corporate Organization and 2. Articles of Incorporation
Operation provides practical direction and Bylaws Full-Text
through the potential pitfalls of setting up
and operating a corporation. This book
Peter Mirakian, III
3. Tax Considerations of
CD-ROM
equips the practitioner to handle tax, fi-
Organizing a Corporation
nancing, and control issues and to advise
clients on officer, director, and shareholder Kenneth K. Wright
duties, rights, responsibilities, and liability. 4. General Corporate Actions
and Operations 8. Fiduciary Duties, Rights, and
Learn the advantages and disadvantages
of debt and equity financing, exemptions Daniel A. Peterson Responsibilities
to securities registration, and about the 5. Financing the Business Michael L. McCann and
Sarbanes-Oxley Act. Read an analysis of Mark L. Stoneman Kristine M. Becker
incorporating in Missouri versus incorpo- 6. Securities Regulation Emily Marriott Taylor (Supp.)
rating in Delaware. Kathleen S. Schoene, 9. Tax Aspects of Corporate
  The book includes a full-text, fully Operation
Steven E. Pozaric, and
searchable CD-ROM that also includes John W. Simpson
sample forms and checklists. For a list of
Meredith M. Todd
Joseph S. von Kaenel and 10. Foreign Corporations
the forms on the CD-ROM, visit our on-
Jill R. Polk (Supp.) Susan Z. Gamble
line CLE Publications Bookstore at www.
mobarcle.org. 7. Selection of Control Details and Price
Mechanisms
Contents Dale A. Werts and (2005) 466 pp.
1. General Considerations Sean A. Power plus 2009 Supp., 31 pp.
Benjamin H. Hulsey and Kristen V. Toner (Supp.)
Thomas E. Proost $195
8

Specialized Business Entities
  Missouri Specialized Business
Entities navigates the alphabet
soup of business entities:
S corporations, C corporations,
PCs, LLCs, LPs, LLPs, LLLPs, and
others. Learn the attributes of these
and other entities and when each
is advisable for you or your client.
This publication explains the differ-
ences in tax treatment and liability
and even provides estate planning
and business valuation guidance. It
discusses the legal, tax, business,
and management considerations
you need to weigh.
  You’ll learn the 10 instances when
the transfers of shares of a Missouri
SCC are not subject to a right of
first refusal, the 5 items that must
be listed on a certificate of limited
partnership, and the 2 major types of
tests to be applied when considering
a request for substantive consoli-
dation of related entities. You’ll be
guided through the formation of a
nonprofit corporation and discover
whether Missouri law requires an
LLP engaging in the business of pro-
viding professional services to carry
malpractice liability insurance.
  The book includes a full-text,
fully searchable CD-ROM that
MoBarCLE Publications
also includes sample forms and
checklists. For a list of the forms on
the CD-ROM, visit our online CLE
Publications Bookstore at www.
mobarcle.org.
Contents
1. Selection of a Business Entity
Benjamin H. Hulsey and
Thomas E. Proost
2. Nonprofit Corporations Full-Text
James R. Dankenbring and
James R. Loranger CD-ROM
3. Professional Corporations
Joseph P. Giljum
4. Partnerships
9. Special Purpose Entities
Guy A. Schmitz and
Richard W. Engel, Jr. and
Larry K. Harris
Bruce D. LeMoine
Joseph D. Demko (Supp.)
10. Planning Employee Benefits
5. Limited Liability Companies
Thomas R. Brous and
James M. Selle and
Philip C. McKnight
William F. Koenigsdorf
Thomas R. Dowling (Supp.)
6. Limited Liability Partnerships
Philip N. Krause
7. Statutory Close Corporations
James R. Dankenbring and
James R. Loranger Detail and Price
8. Estate Planning for (2006) 527 pp.
Shareholders of Closely Held plus 2009 Supp., 53 pp.
Corporations
Lawrence Brody and
Dave Cornfeld
$195

Business and Corporate Law Series

• Business Transitions
• Corporate Organization and
Operation
• Specialized Business Entities

Purchase all three for $485!

A $100 savings!
Call 1-888-253-6013.
9
 MoBarCLE Publications
Civil Procedure
  Missouri Civil Procedure is an 4. Rule 53
annotated version of Supreme Douglas K. Rush
Court Rules 41 through 79, the 5. Rule 54
rules governing civil procedure in Douglas K. Rush and
Missouri courts. This third edition David G. Kullman
is expanded and reformatted with 6. Rule 55
outlines and additional headings Wm. Dirk Vandever,
to make it even easier to use. In- Mark A. Buchanan,
cluded are the text of the Rules; John A. Michener, and
historical notes; cross-references Louis A. Cohn
to statutes, Federal Rules of Civil 7. Rule 56
Procedure, and other resources; Glenn E. Bradford Full-Text
time constraints; comments; charts;
and sample forms. The comments
8. Rules 57, 58, and 59
Michael J. Mohlman
CD-ROM
sections include citations to cases, 9. Rule 60
statutes, and other authority to pro- Terry M. Jarrett
vide a clear understanding of these 10. Rule 61 23. Rule 75
Rules and how Missouri courts Mary R. Russell, Alana M. Barragán-Scott
interpret them. This is a book you Paul V. Herbers, and 24. Rule 76
will use almost daily. Louis A. Cohn Carla R. Counsil
  This edition includes Rule 11. Rule 62 25. Rule 77
changes adopted in the summer of Louis A. Cohn Phebe La Mar
2007 and effective January 1, 2008. 12. Rules 63 and 64 26. Rule 78
And the book comes with a full-text, Susan Ford Robertson Curtis E. Woods
fully searchable CD-ROM that also 13. Rule 65 27. Rule 79
includes forms in word-processing Douglas K. Rush George R. Ripplinger, Jr.
format. For a list of the forms on 14. Rule 66
the CD-ROM, visit our online CLE Bryan D. Schneiderer
Publications Bookstore at www. 15. Rule 67
mobarcle.org. Alana M. Barragán-Scott
16. Rule 68
Contents Jim S. Green
17. Rule 69
1. Rules 41–50 Heather L. Rooney
Robert L. Wehrman, 18. Rule 70
Details and Price
Linda C. McFee, and Robert T. Adams,
Jason L. Buchanan David M. Woods, and 2 vols. (3rd ed. 2007) 1,289 pp.
2. Rule 51 Angela M. Splittgerber
Phebe La Mar and 19. Rule 71
Fred W. Crouch Susan Ford Robertson
$245
3. Rule 52 20. Rule 72
Michael J. Kleffner, Curtis E. Woods
Eleanor A. Dorothy, 21. Rule 73
John M. Kilroy, Jr., George R. Ripplinger, Jr.
Travis L. Salmon, and 22. Rule 74
Michael J. Gallagher Emily W. Little

10
 MoBarCLE Publications
Civil Trial Practice
  From initial contacts with the 3. Jurisdiction, Venue, and
client and investigating the case Service
through instructions and final argu- Brian J. Doherty
ments, this deskbook gives practi- 4. Pleadings
cal step-by-step advice on how to Susan Ford Robertson
prepare and conduct civil trials in Christian L. Faiella (Supp.)
Missouri. Separate chapters on 5. Settlement Procedures
voir dire and jury selection, file Karl W. Blanchard, Jr. and
organization and final prepara- Phillip D. Greathouse
tions, pleadings, expert witnesses, 6. Organizing the File and Final
and many other topics make this Trial Preparations
book a must have for trial lawyers. Thomas G. Strong and
  Written by skilled Missouri at- Jeffrey W. Bates Forms on
torneys, this book contains many Keith A. Cutler (Supp.)
forms and checklists—including a 7. Voir Dire and Jury Selection CD-ROM
forms CD-ROM—and is an invalu- Stephen R. Woodley
able guide through litigation. The Thomas K. Neill (Supp.)
book includes three new sample fee 8. The Opening Statement
agreement forms prepared by The Thomas C. DeVoto
Missouri Bar Fee Dispute Resolution 9. Presenting the Evidence
Committee, the Office of Chief Disci- Paul J. Passanante
plinary Counsel, and The Bar Plan. 10. Cross-Examination
Details and Price
  The 2008 supplement includes Gary B. Brewer
the December 2008 updates to 11. Making and Preserving (3rd ed. 2002) 557 pp.
these forms along with chang- the Record plus 2008 Supp., 104 pp.
es to the venue statutes, MAIs, Valerie G. Lipic
and the Rules of Civil Proce- 12. Instructions $195
dure. For a list of forms on the James W. Erwin
CD-ROM, visit our online CLE 13. Final Argument
Publications Bookstore at www. Jack D. Rowe and
mobarcle.org. Patrick M. Gavin
14. Motions for New Trial in
Contents Civil Jury Cases
P. Pierre Dominique and
1. Initial Contacts With
J. Christopher Spangler
the Client
15. Nonjury Trials
Dale C. Doerhoff
John E. Cozean
2. Investigation and
16. Expert Witnesses
Preparation
Valerie G. Lipic
William W. Francis, Jr.

11
 MoBarCLE Publications
Commercial Law
  Missouri Commercial Law provides It includes practice suggestions,
comprehensive, well-organized lists, charts, references to other
coverage of the topics listed in resources, and sample documents.
the table of contents below. If you And the book comes with a full-text,
represent buyers of goods, sellers of fully searchable CD-ROM.
goods, or banks, or face the issues   For a list of the forms on the
listed below, you should own this CD-ROM, visit our online CLE
new deskbook. Publications Bookstore at www.
  Learn about the remedies and mobarcle.org.
warranties involved in a sale-
of-goods transaction and about Contents
merchantability, puffing, anticipatory Full-Text
repudiation, liquidated damages, 1. Remedies and Warranties
and specific performance. Find the Under UCC Article 2 CD-ROM
requirements and categories of Clark H. Cole and
negotiable instruments and determine Jeffrey L. Schultz
the rights and status of holders, 2. UCC Article 3—Negotiable
defenses, and the liability of parties. Instruments
Learn the rights and responsibilities Thomas J. Niemann and
Details and Price
of banks in transactions, look at John W. Rourke
a sample transaction, find a list of 3. UCC Article 4—Bank (2007) 468 pp.
warranties, and find coverage of Deposits and Collections
customer issues such as overdrafts, Mark Hargrave
4. Check 21
$195
stop-payment orders, forgery, etc.
Find out about Check 21 and the Kristin E. Weinberg
requirements of electronic check 5. Distributor, License, and
processing. Get a jump start on your Franchise Actions
research on franchise, licensing, Dennis D. Palmer
and distributorship issues. Find lists 6. Missouri Antitrust Actions:
of the factors courts consider in An Overview
antitrust actions. Learn the elements Glenn E. Davis,
of state and federal securities fraud Deanna M. Wendler Modde,
actions. Get the elements, causes and Brent M. Covington
of action, and jury instructions in 7. Securities Fraud Litigation
bailment and negligent entrustment Patrick T. Morgan
cases. 8. Bailments and Negligent
  Missouri Commercial Law is a Entrustment
practical guide for Missouri attorneys. David V. Kenner

12

Condemnation Practice
  Missouri overhauled its condemna-
tion statutory scheme in 2006. This
deskbook covers those statutory
changes and the resulting caselaw
and MAI changes. Practicing without
knowledge of these changes could
result in serious mistakes. This book
provides comprehensive, step-by-
step coverage of condemnation
practice. It was written by Missouri
attorneys who share their experi-
ence, expertise, and practical advice
through the deskbook.
  Learn the four stages of a condem-
nation proceeding and the sources
and limitations of condemnation
power. Learn the procedure of a
condemnation proceeding and the
requirements for a finding of blight.
Learn the requirements, tactics, and
procedures for a commissioners’
hearing. Get answers to your most
important questions. What are the
implications of Kelo and Missouri’s re-
sponse? When can property be taken
for economic development? Who are
the necessary parties, and what are
their rights? What is the effect when
property is sold after it is condemned?
What are the four prerequisites to
establish jurisdiction for an order of
condemnation? What are a condem-
nor’s four basic choices after the com-
missioners’ report is filed? How and
when is a property valued? What is
the effect of heritage and homestead
value? What damages are available?
What is the maximum injury rule?
When does a party file exceptions?
What relocation assistance is avail-
able? How and to whom is an award
distributed? What are the federal tax
implications? What are the property
owner’s rights if the condemnation is
abandoned?
  This deskbook includes separate
chapters on inverse condemnation
and federal condemnation. There is
even a forms appendix of over 120
pages with over 70 sample forms.
MoBarCLE Publications
Whether you are representing a prop-
erty owner, a condemning authority, a
commissioner, or are appointed GAL
for unknown parties, this book is an
indispensable resource. A full-text,
searchable CD-ROM that also contains
the sample forms is included with the
book.
  For a list of the forms on the CD-
ROM, visit our online CLE Publications
Bookstore at www.mobarcle.org.
Contents
Full-Text
1. Overview—Source of Power
and Missouri Condemnation CD-ROM
Procedure
Gregory F. Hoffmann and
Susan G. Crigler
2. Necessary Parties and
Rights Acquired
Jason D. Saey, Pamela J. 9. Valuation
Meanes, and Brian C. Stone Jerome Wallach, Robert Denlow,
3. Condemnation Hearing and JoAnn Tracy Sandifer, and
Challenging the Right to Philip E. Morgan, Jr.
Condemn 10. Federal Condemnation
Gerard T. Carmody, Derek A. Procedure
Ward, and Timothy F. McCurdy Gregory F. Hoffmann and
4. Commissioners’ Hearing and David L. Rein, Jr.
Report 11. Inverse Condemnation
R.B. Regan and
Paul G. Henry and
Stanley J. Wallach John W. Koenig, Jr.
5. Abandonment or Payment of
12. Forms Appendix
Award, Right to Possession, Paul G. Henry and
and Relocation Assistance Jason D. Saey
Paul G. Henry and
Jason D. Saey
6. Distribution of
Commissioners’ Award
Michael L. Jackson, Sarah E.
Giboney, and Paul G. Henry Details and Price
7. Federal Income Tax
Considerations (4rh ed. 2009) 489 pp.
Donald S. Singer and
David L. Rein, Jr.
8. Litigating the Exceptions Case: $195
Pretrial Discovery and Trial
Stanley J. Wallach and
R.B. Regan
13
 MoBarCLE Publications
Construction Law
  The unique and technical charac- 6. Building Regulations
ter of the construction industry and Thomas J. Niemann,
the law surrounding it create com- Bernard A. Reinert, and
plex considerations and problems for John W. Rourke
owners, contractors, design profes- Benjamin J. Hegvik (Supp.)
sionals, and the attorneys who rep- 7. Environmental Issues
resent them. In this deskbook, promi- Rudolf H. Beese
nent and experienced construction 8. Change, Time, and
law attorneys provide practical and Termination
comprehensive guidance for the dif- Matthew R. Hale
ficult issues that arise before, during, 9. Missouri Mechanic’s Liens
and after the construction process
on topics ranging from bidding to
and Other Construction
Liens
Forms on
bonds to employment issues. Marc Robert J. Guinness CD-ROM
T. Richardson served as the chair of 10. Performance, Payment, and
this successful second edition. Bid Bonds
  For a list of the forms on the CD- Bernard L. Balkin and
ROM, visit our online CLE Publica- Keith Witten
tions Bookstore at www.mobarcle. 11. Liability of Design
org. Professionals
Kenneth A. Slavens
12. Contractor Delay, Disruption Details and Price
Claims, and Damages
Contents 2 vols. (2nd ed. 2004) 966 pp.
Rod L. Eisenhauer and plus 2009 Supp., 165 pp.
1. Construction Contracts: Duane J. Fox
Risk-Shifting Devices Gregory S. Gerstner
(Supp.)
$245
Richard A. Stockenberg
William S. Thomas, 13. Dispute Avoidance and
Derek P. Ruzicka, and Alternative Dispute
Katrina L. Smeltzer (Supp.) Resolution
2. Bidding—Federal and State Samuel M. Wendt
Procurements Fredrick J. Ludwig (Supp.)
Susan Linden McGreevy 14. Bankruptcy and Construction
and Paul J. Odum J. Dennis O’Leary and
Michael E. Callahan and Lester J. Hubble
Kurtis L. John (Supp.) 15. Labor and Employment Law
3. Legal Issues in Design/Build Issues for the Construction
G. William Quatman Industry
4. Construction Insurance W. Terrence Kilroy,
Terry J. Galganski Julie A. Elston, and
5. Prompt Payment Acts: David M. Kight
Missouri and Federal Jay M. Dade (Supp.)
Sherman A. Botts and 16. Indefinite Delivery Contracts
Kenton E. Snow Denise E. Farris

14
 MoBarCLE Publications
Consumer Law and Practice
  Consumer Law and Practice an- including statute of frauds, statute of
swers the need for resources in this limitations, minority, arbitration, and
area of the law. The book begins unconscionability.
with a well-organized chapter that is   This deskbook contains many lists
a veritable checklist of the possible of available resources, including online
causes of action in a consumer case. resources. Included with the book is a
Following is a chapter on motor vehicle full-text, fully searchable CD-ROM that
issues from fraudulent sales to lemon also includes the sample forms in the
laws to leases to financing to a debtor’s deskbook.
rights in a repossession case. Then   For a list of the forms on the CD-
come chapters on home purchases— ROM, visit our online CLE Publications
contract enforcement, disclosures, Bookstore at www.mobarcle.org. New Forms on
and misrepresentations—and home
ownership and financing—predatory Edition CD-ROM
mortgage lending, foreclosures, and Contents
foreclosure rescue scams. A chapter
on fringe lending and selling covers
1. How to Analyze a Consumer
payday loans, title loans, and small Case
loans and includes practice tips and Michael A. Ferry
checklists. 2. Motor Vehicles 10. Miscellaneous Consumer
  Find a chapter on debt collection Laura E. Clubb and Protection Statutes
and one on consumer credit, which John P. Clubb Michael A. Ferry
discusses credit billing, credit 3. Home Purchases 11. Canceling a Consumer
discrimination, credit reports, and Norah J. Ryan Contract
identity theft and includes sample 4. Home Ownership and Michael A. Ferry
forms. Find a very helpful chapter on Financing 12. How to Get Paid for
investments and securities that breaks Deborah R. Sterling Scott and Representing Consumers
down the claims available and clearly Deborah L. Price Joseph W. Wantuck
sets out the elements. The authors 5. Fringe Lending and Selling 13. Procedural Considerations
of the arbitration chapter generously Debra K. Lumpkins Under the MMPA and Other
share their valuable experience and 6. Debt Collection: Fair Debt Consumer Suits
point out potential pitfalls. There is Collection Practices Act; Douglass F. Noland and
a chapter on fourteen miscellaneous Defending Consumer Suits Thomas K. Mendel
consumer protection statutes, including Dale K. Irwin,
preneed funeral contracts, and a
Debra K. Lumpkins and
chapter on consumers’ rights to cancel
Amy Sweeney Davis
particular contracts
7. Consumer Credit
  Of great interest is a chapter on
getting paid for representing consumers.
Debra K. Lumpkins,
Find a list of fee-shifting statutes, Michael W. McCrary, and
Robert W. Cornejo Details and Price
coverage of pleading and proof of
fees, information on fee agreements, 8. Investments and Securities (3rd ed. 2010) 596 pp.
including two sample agreements. Patrick T. Morgan
The final chapter focuses on the 9. Arbitration
Erich Vieth and
$195
Missouri Merchandising Practices
Act, class actions, and defenses, John E. Campbell

15
 MoBarCLE Publications
Contracts
  Missouri Contracts is a compre- and substantive unconscionability?
hensive resource on contract law What is an adhesion contract? How
in Missouri. It provides answers to should force majeure or escape
your most pressing questions. What clauses be drafted to be enforce-
are the requirements for a valid able?
contract? What are the elements of   Missouri Contracts comes with a
breach of contract? What are the full-text, fully searchable CD-ROM,
defenses to breach of contract? updated for 2010.
What are the nuts and bolts of liti- Contents
gating a breach-of-contract claim?
When must a contract be in writing? 1. Formation
How do you measure damages James F. Freeman, III and 2010 Full-Text
for breach of contract? When can
specific performance be required?


Allen G. Jones
Holly L. Fisher (Supp.)
Supplement CD-ROM
How have courts handled the is- 2. Interpretation and
sues that arise in third-party ben- Construction
eficiary contracts? Can a contract Bradford B. Lear and
right or obligation be assigned to a Todd C. Werts
third party, and how is that accom- 3. Enforcement Details and Price
plished? What is a quasi-contract, Mark P. Jones (2007) 311 pp.
and how have courts handled 4. Remedies plus 2010 Supp., 38 pp.
quasi-contract issues? What special Thomas J. Niemann and
issues should be considered when John W. Rourke
drafting construction contracts, real Benjamin J. Hegvik (Supp.)
$125
estate contracts, and employment 5. Third-Party Rights
contracts? Peter H. Love
  The 2010 Supplement adds new 6. Quasi-Contracts
sections on unconscionability and James E. Meadows
the last antecedent rule. It also an- 7. Litigating Breach-of-Contract
swers these questions: Can offer Claims
and acceptance be accomplished Thomas K. Riley
via e-mail? Are online and software 8. Special Drafting
agree-to-terms-of-use agreements Considerations
enforceable? In what circumstances Susan Linden McGreevy
will a court allow relief for a unilateral and Paul J. Odum
mistake? What is the difference be- Michael E. Callahan and
tween procedural unconscionability Kurtis L. John (Supp.)

The Missouri Bar Continuing Legal Education is

entirely self-supporting. MoBarCLE
receives no part of member dues. The only
sources of revenue are program registration
fees and publications sales.

16
 MoBarCLE Publications
Creditors’ Remedies
  This practical how-to book covers Contents
the mechanics of execution, gar-
nishment, attachment, collections, 1. Judgments
replevin, and the other creditors’ Darry Gene Sands
remedies listed in the table of con-
tents below. Learn the step-by-step 2. General Executions
procedure for mechanic’s liens and Wendi S. Alper-Pressman
the procedural prerequisites—such
as time limits, contents of the notice, 3. Garnishments
and contents of the filing—that have Jerry W. Venters and
Robert S. Baran
to be met for the lien to be effective.
Find a detailed checklist for replevin, Full-Text
including a sample demand letter
and uses of a temporary restraining
4. Attachments
Ronald S. Weiss and CD-ROM
order. Get practical advice on filing Tracee L. Stout
systems, ledger sheets, and demand
letters. Learn how to comply with 5. Mechanic’s Liens 9. Assignment for the Benefit of
the Fair Debt Collection Practices Sherman A. Botts Creditors
Act and what to do if the debtor files Mark W. Bartolacci and
bankruptcy. Find information on the 6. Priorities Among Claims and Allison E. Graves
Missouri UCC and many sample Liens
forms. Nicholas A. Franke 11. Handling Collections
  A full-text, searchable CD-ROM David R. Gamache and
that also contains the sample forms 7. Fraudulent Transfers, Mary K. Mazanec
is included with the book. Receivers, and
  For a list of the forms on the CD- Lis Pendens
Brian K. Asberry Details and Price
ROM, visit our online CLE Publica-
tions Bookstore at www.mobarcle. (6th ed. 2009) 391 pp.
org. 8. Replevin
Kathy A. Surratt-States,
Robert E. Eggmann, and $195
Anne C. Justice

Order online at
www.mobar.org

Questions? E-mail us at
cle@mobar.org

17
 MoBarCLE Publications
Criminal Practice
  This deskbook covers criminal prac- 5. Representing Clients Before
tice from arrest through postconviction Investigative Bodies
remedies. It is loaded with practical Thomas M. Bradshaw and
advice. It provides an overview of the Amy E. Engel
criminal law in Missouri and helpful Vanessa M. Riebli (Supp.)
practice tips, checklists, and forms to 6. Preliminary Hearings
guide attorneys through the practical Robert L. Fleming
considerations of criminal cases. 7. Discovery by Right or
  You’ll find suggested voir dire ques- Through Court Action
tions, and the 2005 fourth edition adds S. Kristina Starke
an important new chapter on Drug 8. Jurisdiction, Venue, and
Courts and Mental Health Courts. A
full-text, searchable CD-ROM that also


Disqualification of Judges
Robert W. Russell
Full-Text
contains nearly 100 word-processing
forms is included with the book. This
9. Search and Seizure CD-ROM
Ellen Y. Suni
3-volume set is indispensable both for Rebecca J. Grosser (Supp.)
attorneys who regularly practice crimi- 25. Closing Argument
10. Identification
nal law and for those who need a quick Timothy W. Jones
Gerald M. Handley and
overview for the occasional criminal 26. After-Trial Motions
Cynthia A. Dryden
case. It is an important research tool, a Phillip R. Gibson and
11. Statements of a Defendant
quick reference, and a vital addition to Joseph W. Luby
Randall D. Eggert
any Missouri legal library.
12. Miscellaneous Motions (Other Ellen Y. Suni (Supp.)
  The 2008 Supplement includes the
Than to Suppress), 27. Sentencing
latest developments in DNA testing,
Proceedings, and Writs Penny J. Umstattd-Cope
including what must be shown to get
Tina M. Crow Halcomb 28. Probation, Parole, and Other
testing ordered for potential exonera-
13. Motions to Dismiss Alternative Sentences
tion. The supplement covers enhanced
Susan M. Elliott Patricia Harrison
sentencing requirements for repeat
14. Defenses 29. Appeals
DWI offenders and has new sections
Kevin P. O’Brien Randall D. Eggert
on selective waiver of attorney-client
15. Mental Factors 30. Retrials and Double Jeopardy
privilege and work product protection,
anticipatory search warrants, mito- Earl F. Seitz Kris T. Daniel
chondrial DNA testing, paternity testing, 16. Plea Bargaining 31. Post-Conviction Remedies
cyber stalking and cyber harassment, Kent E. Gipson James R. Wyrsch and
credit for time served when determining 17. Final Trial Preparation by the W. Brian Gaddy
eligibility for parole, and constitutional State Nathan J. Owings and
issues in “problem-solving” courts like Richard G. Callahan Greg Mermelstein (Supp.)
drug courts. The supplement has cita- 18. Final Trial Preparation for the 32. Ethical Considerations
tions to more than fifty 2008 cases and Defense Bruce C. Houdek
updates on legislation. Dee Wampler and 33. Forfeitures in Criminal Cases
Joseph S. Passanise H. Morley Swingle
Contents 19. Misdemeanors 34. Drug Courts and Mental
Rose Ann Feldman Health Courts
1. Arrest and Custodial Detention Christine Carpenter
20. Trials
Matthew J. O’Connor
James R. Robison
2. Release From Custody
21. Voir Dire and Jury Selection Details and Price
Donald L. Wolff and
Sean D. O’Brien
Paul J. D’Agrosa
22. Opening Statements 3 vols. (4th ed. 2005) 1,574 pp.
3. Investigation and Marshalling
Keith M. Bail and plus 2008 Supp., 296 pp.
the Facts Other Than Formal
Chastidy Dillon-Amelung
Discovery
Linda Lemke (Supp.)
James H. Worthington
23. Evidence $325
4. Indictments, Informations,
S. Paige Canfield
and Grand Jury Proceedings
24. Instructions
Gregory W. Vleisides and
Sean D. O’Brien
Catherine A. Donnelly
18
 MoBarCLE Publications
Damages
  More than 50 leading practitioners
from a wide range of practice areas
have contributed to this important
deskbook, which not only discusses
the specifics of evaluating damages
in many different types of cases
but also addresses issues such as
punitive damages, apportionment,
remittitur and additur, and expert
witnesses. And the 2005 cumulative
supplement reflects 2005 legislative
changes.  Laura L. McLaughlin (Supp.)
  No matter what your area of prac-
tice, you and your clients will benefit
from the expertise that will be avail-
able at your fingertips with Missouri
Damages.
Contents
1. Damages Generally
Sandra J. Wunderlich
2. Medical, Hospital, and
Related Damages
Frank M. Evans, III
3. Pain and Suffering
Mathew W. Placzek
Jenifer M. Placzek (Supp.)
4. Emotional Distress
John K. Sherk, III and
Micah L. Hobbs
Jon A. Strongman (Supp.)
5. Loss of Earning Capacity
Mathew W. Placzek
Jenifer M. Placzek (Supp.)
6. Damages Available Upon
Wrongful Termination of
Employment
Marsha B. Fischer
7. Consortium and Derivative
Claims
James E. Hullverson, Jr. and
Stephen R. Bough
H. Kent Desselle (Supp.)
8. Preexisting Conditions;
Future Disease, Defect, and
Damage; Loss of a Chance
James R. Bartimus and
Stephen M. Gorny
9. Damage to Real Property
Valerie M. Sieverling
10. Environmental Law and
Toxic Torts
Edwin L. Noel, Lisa A. Larkin,
and Krista M. Schwarting
11. Damages to Personal
Property
Brian T. McCartney
12. Reputational Damages 21. Use of an Expert in Proving
Joseph E. Martineau and Damages
David B. Helms John D. Wooddell and
13. Contractual Actions Jeffrey W. Bates
Robert J. Golterman Robert S. Bruer (Supp.)
Aaron L. Pawlitz (Supp.) 22. Apportionment of Damages
14. Loss of Profits Sandra J. Wunderlich
John S. Sandberg 23. Remittitur and Additur
15. Trademark, Copyright, and Barbara Glesner Fines
Patent Actions Ginger K. Gooch (Supp.)
Gregory E. Upchurch 24. Special Problems
Mark E. Books (Supp.) Ronald R. McMillin
16. Statutory Actions for Paul T. Graham (Supp.)
Damages
George E. Leonard
Heather A. Suve (Supp.)
17. Vexatious Refusal to Pay
Insurance Claims
Monte P. Clithero Details and Price
Julia Sommer Grus (Supp.)
18. Wrongful Death 2 vols. (2nd ed. 2001) 852 pp.
Robert F. Ritter, plus 2005 C. Supp., 191 pp.
Stephen R. Woodley, and
Morry S. Cole $245
19. Punitive Damages
R. Dan Boulware and
Todd H. Bartels
20. Attorney Fees and Interest
Clark H. Cole and
Theresa L. Heitz
Jacqueline Ulin Levey (Supp.)
19
 MoBarCLE Publications
Discovery
  Missouri Discovery covers a cru- 4. Depositions
cial aspect of trial practice and is Katherine Clendenin Lemley
an important component of the Mo- Seema Chawla (Supp.)
BarCLE library. The authors begin
with in-depth coverage of the scope 5. Discovering Evidence for
of discovery and continue with Trial Through Production of
chapters focusing on the various Documents and Things and
discovery methods as shown in the Entry Upon Land
table of contents below. Attorneys of R. Denise Henning
all experience levels will benefit from
the practical, well-organized discus-
Jeff R. Scurlock (Supp.)
Forms on
sion of court rules and caselaw,
making the book a handy reference
6.

Discovering Evidence for
Trial Through Requests for
CD-ROM
and important resource. Admission
  Included with the book is a CD- R. Denise Henning
ROM containing the sample forms Jeff R. Scurlock (Supp.)
in the deskbook. For a list of the
forms on the CD-ROM, visit our 7. Discovering Evidence for
online CLE Publications Bookstore Trial Through Physical and Details and Price
at www.mobarcle.org. Mental Examinations
R. Denise Henning (2003) 196 pp. plus
2007 Supp., 24 pp.
Contents Jeff R. Scurlock (Supp.)

1. Introduction 8. Miscellaneous Matters $125

Katherine Clendenin Lemley Katherine Clendenin Lemley
Seema Chawla (Supp.) Seema Chawla (Supp.)

2. Scope of Discovery 9. Forms

Katherine Clendenin Lemley Katherine Clendenin Lemley
Seema Chawla (Supp.) Seema Chawla (Supp.)

3. Interrogatories
Katherine Clendenin Lemley
Seema Chawla (Supp.)

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20
 MoBarCLE Publications
DWI Law and Practice
  DWI cases can be complex and Contents
confusing. DWI Law and Practice
is the resource you need to clarify 1. Chemical Test Refusal Cases
John F. Newsham,
this area of the law and provide
Elisa K. Robinson, and
answers for you and your client.
David L. Naumann
Our authors and reviewers include
Scott A. Hamblin (Supp.)
attorneys who have prosecuted and
2. Client Counseling Issues
defended these cases, judges, and Robert W. Miller, Jeffrey R. Dahl,
Department of Revenue staff. They and Jill T. Roberts
discuss the cases, statutes, regula- 3. Criminal Ramifications of DWI
tions, procedure, and practice points Kimberly J. Benjamin
involved in handling DWI cases.
  Find out about the criminal,
4. Civil and Insurance
2010 Forms on
Supplement CD-ROM
Consequences of DWI
civil, administrative, and insurance Joseph A. Cambiano,
ramifications of DWI. Learn Ben T. Schmitt, and Cullen Cline
about SATOPs, ignition interlock 5. Overview of Substantive Law
devices, Alcohol Influence Reports, Regarding DWI
breathalyzers, field sobriety testing, Rusty Antel
chemical test refusal cases, NHTSA, 6. Search and Seizure Issues 16. Sentencing Considerations
limited driving privileges, SR-22s, Katharine Shepherd Porter Seth D. Shumaker
and much more. There are even Thomas E. Crocco (Supp.) 17. Appeal Issues
specific chapters on driving under 7. Experts and the Science of Janet M. Thompson and
the influence of drugs, commercial Chemical Tests James A. Chenault, III
drivers, and boating while intoxicated. Lawrence E. Wines 18. Multijurisdictional Issues
Included are sample driving records, 8. Civil Sanctions Sarah J. Dobecki and
checklists, and online resources. James A. Chenault, III Elisa K. Robinson
  The book includes sample forms 9. Abuse and Lose Jason T. Umbarger (Supp.)
on CD-ROM, updated for 2010. The Timothy R. Cisar 19. Federal DWI Cases
2010 supplement includes 2010 10. Driver’s License Suspension, Bradley S. Dede
legislative changes and caselaw and Revocation, and Reinstatement 20. Commercial Driver’s License
two rewritten chapters. For a list of James A. Chenault, III (CDL) Law
the forms on the CD-ROM, visit our 11. Understanding the Client’s Sandra A. Mears
CLE Publications Bookstore at www. Driving Record 21. Boating-While-Intoxicated
mobarcle.org. Waylene W. Hiles Cases—Compared to Driving-
Charles L. Gooch (Supp.) While-Intoxicated Cases
12. Considerations in Prosecuting Erik A. Bergmanis
DWI Cases 22. Driving Under the Influence of
Douglas S. Pribble Drugs
13. Pre-Trial Considerations Joseph A. Cambiano
Shane L. Farrow
Scott C. Hamilton (Supp.)
14. Standardized Field Sobriety Details and Price
Testing and Cross-
Examination of the Arresting (2004) 615 pp. plus
Officer 2010 C. Supp., 203 pp.
J. Matthew Guilfoil
15. Jury Trial Considerations $195
Timothy W. Jones
Lawrence E. Wines (Supp.)

21
 MoBarCLE Publications
Elder Law
    Elder law is an important and fast- discussions of remedies, penalties,
developing area of the law. MoBarCLE indicators, and protections available. You
has answered the call for information and will also find chapters to help you advise
sharing of expertise in this area with Mis- your clients on housing alternatives and
souri Elder Law. This deskbook provides home and community-based services,
practical advice on setting up and manag- including the Missouri Aging Information
ing an elder law practice, including sample Network and the Missouri Rx Plan
forms and checklists, and for advising (MoRx).
clients on available options and services.   This deskbook contains many lists
The comprehensive chapter on retire- of available resources, including online
ment benefits includes sections on Social resources. Included with the book is a
Security, railroad retirement, military re-
tirement, government pensions, ERISA,
full-text, fully searchable CD-ROM that
also includes the sample forms in the New Full Text
deferred compensation, and nonprofits.
  Learn about the types of trusts available
deskbook.For a list of the forms on the
CD-ROM, visit our online CLE Publica-
Edition CD-ROM
to help your clients and the benefits and tions Bookstore at www.mobarcle.org.
features of those trusts, including special
needs trusts and d4A trusts. Find a
chapter dedicated to the areas of income Contents
tax law that have special application to
the elderly or that might be of particular 1. Managing the Elder Law 11. Nursing Home Residents’
interest to them. Chapter 5 contains a Practice Rights
thorough, clear summary of the Medicare Lois M. Zerrer Derek H. Pottts and
programs, including Part D prescription 2. Retirement Benefits Patricia L. Campbell
drug coverage. The chapter includes Simone Haberstock McCartney 12. Elder Abuse and Neglect
practical tips and discussion of what is and James Francis McCartney Karen C. Warren
covered, the appeals process, and time 3. Using Trusts for Persons Who 13. Housing Alternatives
limits. Learn how to better advise your Are Elderly or Have a Disability John J. Ammann
clients to plan for and pay for long-term Craig C. Reaves 13. Home and Community-Based
care with information on what costs to 4. Income Tax Planning and Services
plan for, long-term-care insurance, other Issues David P. Sykora and
resources available, tax implications, and Joseph Haverstick Margaret L. Stansbury
an algorithm for computing the cost of
5. Medicare and Supplemental
long-term care.
Health Insurance
  Find coverage of major changes
Barbara J. Gilchrist and
in Medicaid and MO HealthNet,
including what is covered and eligibility
Reginald H. Turnbull
requirements. Find coverage of family 6. Planning and Paying for
rights and responsibilities that arise in the Long-Term Care
elder law setting, the FMLA, and ethical David S. Purcell
issues that attorneys need to consider 7. MO HealthNet
when working in this area. Chapter 9 Julie A. Berkowitz
includes a straightforward discussion 8. Family Rights and
of powers of attorney, including sample Responsibilities
language for specific powers, and covers Barbara E. Hecht, Details and Price
financial powers of attorney, durable Bruce E. Friedman, and
powers of attorney for health care, and David W. Whipple (2nd ed. 2010) 669 pp.
health care and life support declarations. 9. Planning for Incapacity With
  The deskbook also includes a chapter Powers of Attorney
that walks you through the process of Janet Nava Bandera
$195
appointing a guardian or conservator 10. Guardianship and
and of administering a guardianship or Conservatorship
conservatorship. You will find chapters
Martha C. Brown
on nursing home residents’ rights and
on elder abuse and neglect that include

22
 MoBarCLE Publications
Employer-Employee Law
  This third edition of Missouri Contents
Full-Text
Employer-Employee Law continues the
evolution of coverage of labor law in 1. Introduction CD-ROM
the MoBarCLE publications library. This David M. Kight
edition has been greatly expanded and 2. Federal and State Law
reorganized as the table of contents Governing Public Employees
below shows. This two-volume book Sally E. Barker, Loretta K.
covers a broad range of topics that affect Haggard, James C. Chostner,
employers of all types and sizes and and Patrick K. Shinners
their employees. It includes a coverage 3. Missouri Open Meetings/
chart of procedures before the Missouri Open Records Law
Commission on Human Rights and (Sunshine Law)
procedures before the EEOC. James H. Klahr
  Find comprehensive coverage 4. Unemployment 16. Immigration Issues in the
of the Fair Labor Standards Act, Compensation Workplace
including minimum wage, overtime, James R. Skain Michael J. Gallagher
and exempt employees. Learn the 12 5. Leaves of Absence 17. Restrictive Employment
factors a court considers in determining James M. Paul Covenants
whether a worker is an employee or 6. Uniformed Services David M. Kight
an independent contractor and see Employment and 18. Child Labor Laws
examples of holdings of whether certain Reemployment Rights Act Ira L. Blank
workers were employees or contractors. Ferne P. Wolf 19. Prevailing Wage
Find practical guidance for calculating 7. Fair Labor Standards Act D. Shane Jones
employees’ hours worked, including Charles E. Reis, IV 20. Health Insurance Portability
whether to include break time, on-call 8. Missouri Wage Payment and and Accountability Act
time, training time, and travel time. Find Commissions Acts Jane C. Drummond
information about unions and union Michael Waxenberg 21. Continuation of Coverage
activity. Find OSHA requirements, 9. Missouri Service Letter Under the Consolidated
including everything from ventilation to Statute Omnibus Budget
protective equipment to scaffolding, and Rosetta B. Robins and Reconciliation Act (COBRA)
the mechanics of an OSHA inspection. Patrice Brown Nancy Morales Gonzalez
  The chapter on covenants not to 10. National Labor Relations 22. Coverage Chart for Missouri
compete includes examples of cases Act: A Brief Overview and Federal Law
finding enforceable covenants, listed William C. Martucci Cyrus C. Dashtaki
by type of employment, and a checklist 11. Duty of Fair Representation 23. Recordkeeping Obligations
for enforcing or defending a breach- G. Gordon Atcheson Amy R. Brown
of-covenant claim. What are an 12. Handbilling, Picketing, and 24. Workplace Violence and
employer’s responsibilities for protecting Strikes Threats
employees’ private health information Terry L. Potter and George L. Lenard
under HIPAA? What are an employer’s Paul D. Satterwhite 25. Professional Employer
recordkeeping requirements? When 13. Occupational Safety and Organizations
is an employer liable for violence in Health Act Denise M. Anderson
the workplace? Find answers to these Russell C. Riggan
questions and more. 14. Worker Adjustment and
  Missouri Employer-Employee Law Retraining Notification Act Details and Price
comes with a full-text, fully searchable Teresa L. Clark
CD-ROM that includes sample forms. 15. Privacy Issues in the 2 vols. (3rd ed. 2008) 841 pp.
  For a list of the forms on the CD- Workplace—Drug Testing,
Surveillance, Polygraphs,
ROM, visit our online CLE Publications
and Other Issues
$245
Bookstore at www.mobarcle.org.
Amy L. Nixon

23
 MoBarCLE Publications
Employment Discrimination
  The first edition of Missouri Employ- Contents
ment Discrimination grew out of and
complemented Missouri Employer- 1. Introduction
Employee Law. This second edition of David M. Kight
Employment Discrimination has been 2. Missouri Human Rights Act—
greatly expanded and reorganized as An Overview
the table of contents below shows. Mark Allen Jess
Coverage includes discrimination on 3. Prohibition Against
the basis of sex, age, race, national Harassment in the Workplace
origin, religion, and disability; the ad- Susan Nell Rowe,
ministrative process; burden of proof; Jennifer J. Raymond, and
sexual harassment; affirmative action; Doreen D. Dodson
remedies; alternative dispute resolu-
tion; retaliation claims; time limits; and
4. Title VII of the Civil Rights Act
of 1964—An Overview
Full-Text
a chapter on e-discovery.
  This book is considered one of the
Robert G. Johnson
5. Gender Discrimination
CD-ROM
best in the MoBarCLE library for com-
John A. Vering, III and
bining the legal theory and the practi-
Jennifer P. Kyner
cal implications for both plaintiffs and
6. Equal Pay Act 17. Discrimination for Protected
defendants. It sets out the elements
of claims and defenses and weighs Katherine L. Nash Concerted Activity Under the
the advantages and disadvantages 7. Employment Discrimination National Labor Relations Act
of various strategies. For plaintiffs’ Claims Under 42 U.S.C. § 1981 Megan M. Belcher
counsel deciding whether to pursue Charles S. Elbert 18. Affirmative Action
a claim with the EEOC, file in state 8. Claims Under § 1983 of the Veronica Johnson
court, file in federal court, or consider Civil Rights Act of 1866: 19. Burden of Proof
mediation, it brings all of the important Constitutional Rights and Daniel K. O’Toole and
information together in one place. It is Public Employment Gail Vasterling
also a great resource for defendant David F. Barrett 20. Remedies
employers’ counsel, especially on is- 9. National Origin Discrimination Marilyn G. Green and
sues such as burden of proof. Mark A. Buchanan Matthew R. Heeren
  Learn why there are increased 10. Age Discrimination 21. Alternative Dispute Resolution
filings of employment discrimina- David M. Heimos Jerome A. Diekemper
tion claims in state court rather than 11. Race and Color Discrimination 22. Electronic Discovery in
federal court. Learn the importance Nimrod T. Chapel, Jr. Employment Cases
of the Supreme Court of Missouri’s 12. Religious Discrimination Erin A. Webber and
holding in Daugherty v. City of Mary- Kerri S. Reisdorff Phillip L. Gordon
land Heights and what it said about
13. Family and Medical Leave Act 23. Time Limits on State and
the plaintiff’s burden of proof in state
Lois Spritzer Federal Employment
court. Find out about specific plead-
14. Disability Discrimination Discrimination Claims
ing requirements. Find specific and
practical steps employers can take to Under the Missouri Human Julia D. Kitsmiller
reduce incidents of (and liability for) Rights Act
harassment in the workplace. Learn Donna L. Harper
EEOC procedures and find a good 15. Wrongful Discharge and Details and Price
discussion of the current state of af- Retaliation in Violation of
Public Policy (2nd ed. 2008) 610 pp.
firmative action.
  Missouri Employment Discrimi- Marie L. Gockel and
nation comes with a full-text, fully Lynne Jaben Bratcher $195
searchable CD-ROM that includes 16. Sarbanes-Oxley Act of 2002
sample forms. and the Employer-Employee
  For a list of the forms on the CD- Relationship
ROM, visit our online CLE Publications Megan M. Belcher
Bookstore at www.mobarcle.org.
24
 MoBarCLE Publications
Environmental Law
  This two-volume deskbook is 2. Regulatory Agencies and
produced through the work and Administrative Law Issues
commitment of The Missouri Bar’s David R. Tripp and
Environmental and Energy Law Rebecca D. Bishop
3. Environmental Compliance
Committee and covers common
Terry J. Satterlee and
and increasingly important issues. Sue M. Honegger
Learn about community and worker Thomas J. Grever (Supp.)
right-to-know laws and emergen- 4. Civil and Criminal Liability
cy planning. Find information on Linda W. Tape, Stacey L. Stater,
Brownfields redevelopment and Sturla Olsen, Jane H. Schilmoeller,
agricultural issues such as CAFOs and Robert J. Wagner
and anhydrous ammonia handling David R. Erickson,
L. John Nelson, IV, and
and storage requirements. Get 14. Asbestos
Anne M. Carlson (Supp.)
information on lead-based paints, 5. Impact of Environmental Issues Dale E. Hermeling
asbestos, PCBs, and pesticides. on Business Transactions Frank H. Hackmann (Supp.)
Learn about compliance—including John E. Price 15. Community and Worker
inspections, audits, and recordkeep- 6. Insurance Coverage for Right-To-Know Laws
ing and reporting requirements—as Environmental Liabilities Daniel Bukovac
well as civil and criminal liability and James T. Price 16. The National Environmental
7. Air Pollution Policy Act
private causes of action.
Steven J. Poplawski, Lewis C. Green,
  This book describes the impact of Bruce A. Morrison, and
Michael C. Ford,
environmental issues on business— Kathleen G. Henry
Jacqueline M. King,
including corporate and real estate Scott A. Young, 17. Noise Pollution
transactions, lender liability, and Peter H. Oppenheimer, Robert J. Vincze
securities disclosures—and insur- Robert Van Vorhees, 18. Natural Resources and
ance coverage. This book provides Thomas N. FitzGibbon, and Preservation Law
information on federal and Missouri Carla A. Wortley James H. Arneson and
state agency and administrative law Brandon W. Neuschafer (Supp.) Christiaan D. Horton
issues, including rulemaking, review, 8. Water Pollution 19. Private Actions for
Roger A. Walker and Environmental Property
and appeal procedures. This book
Aimee Davenport Damage and Personal Injury
also discusses waste management, 9. Superfund and the Missouri Joel R. Mosher and
CERCLA (Superfund), types of Abandoned or Uncontrolled David E. Shay
pollution, conservation and natural Sites Law 20. Brownfields Redevelopment
resources protection, and other mat- Bradley S. Hiles and Eugene P. Schmittgens, Jr.
ters. Get practical tips, tables, and Cathleen S. Bumb 21. Agricultural Issues
lists of other resources. W. C. Blanton, Daryl G. Ward, Mark D. Anstoetter and
  The book is a valuable resource and Alison M. Nelson (Supp.) Kathryn A. Larkins
10. Solid Waste Management Justin W. Howard (Supp.)
for every lawyer and is especially
Ellen S. Goldman
essential for lawyers facing environ- 11. Hazardous Waste Management
mental issues. Richard L. Green
12. Underground Storage Tanks
Contents David A. Stratmann and
J. Eric Berry Details and Price
1. Introduction
Nimrod T. Chapel, Jr. and
Richard L. Waters and 2 vols. (2nd ed. 1998) 902 pp.
Dwayne C. Jefferson (Supp.)
JoAnne Levy plus 2007 C. Supp., 377 pp.
13. Toxic Substances
David A. Shorr (Supp.)
David R. Erickson and
Kirk F. Marty $245
M. Camila Tobón (Supp.)

25
 MoBarCLE Publications
Evidence
  This fifth edition of Missouri Evidence of medical treatment, and use of positron
departs from earlier editions. The book emission tomography (PET) scans as
was completely rewritten by practicing at- evidence in criminal cases.
torneys and judges into a more narrative
format with explanations and overviews Contents
of the law and practical applications of
evidence. Another innovation with this 1. Introduction
edition is that it comes with a full text, Benjamin Borengasser
fully searchable CD-ROM. Learn the 4 2. Relevancy and Admissiblity
exceptions to the general rule that the John W. Kurtz
character of a party in a civil action is not 3. Burden of Proof
admissible and the 7 exceptions to the
general rule that evidence of subsequent
Stephen H. Ringkamp and
Theresa A. Appelbaum 2010 Full-Text
Supplement CD-ROM
remedial measures is inadmissible in a
4. Substitutes for Proof
negligence action. Learn how to pre-
serve an objection for appeal, including Joseph W. Wantuck
how to make an offer of proof and the 5 5. Weight and Sufficiency
exceptions to the requirement to make Robert K. Kerr
an offer of proof. Eric S. Johnson (Supp.)
  Learn the 4 things to show to over- 6. Objections and Rulings on 15. Hearsay
come the presumption that a child under Evidence James D. Boggs
ten is incompetent to testify and the 2 Paul J. Passanante and 16. Hearsay Exceptions
situations when a court may refuse a Dawn M. Mefford
criminal the right to testify. Get sample
James W. Erwin
Luke E. Wells (Supp.) 17. Opinion Evidence and Expert
questions and answers from witness
7. Attendance of Witnesses Testimony
examinations and to qualify an expert.
Find out about the changes to admis- T. Bennett Burkemper, Jr. Timothy W. Monsees
sibility of certain evidence brought about 8. Competency of Witnesses 18. Documents
by legislative changes. Christian L. Faiella Kenneth E. Siemens and
  Learn what evidentiary privileges Mis- 9. Examination of Witnesses Benjamin S. Creedy
souri courts recognize—is there a GAL Lynn A. Miller 19. Other Real and Demonstrative
privilege? What are the 4 requirements 10. Credibility and Impeachment Evidence
for an admission by silence? Does of Witnesses Keith A. Cutler
Missouri have a dead man’s statute? Jonathan T. Barton and 20. Scientific Evidence
What are the 4 obstacles to admitting a Stephen Palley
document into evidence? What are the Brian S. Franciskato
William A. Roach, Jr. (Supp.) Dean E. Nash (Supp.)
7 criteria for laying a proper foundation
for admitting an audio recording? Do
11. Character Evidence 21. Digital Evidence
Missouri courts follow Frye or Daubert? Sandra J. Wunderlich Craig Chval
Why is digital evidence significant to your 12. Habit, Custom, Routine
litigation strategy? How do warrantless Practice, Similar Happenings
searches apply to digital evidence? James R. Wyrsch and
  The 2010 Supplement includes dis- Stephen G. Mirakian
cussions of res ipsa loquitur, the rear- Christopher Mirakian (Supp.)
end collision doctrine, the sudden onset 13. Admissibility of Subsequent Details and Price
doctrine, curative admissibility, new rules Remedial Measures, Insurance
regarding discovery of expert opinions, Coverage, Settlements, Plea (5th ed. 2006) 568 pp. plus
and new provisions in the Federal Rules
Bargains, and Collateral 2010 Supp., 114 pp.
of Civil Procedure addressing discovery
of electronic evidence. The supplement Payment of Medical Expenses
also contains new sections on admissi- Eric G. Jensen $195
bility of evidence of remedial measures 14. Privileges
to show motive and intent for punitive Robert Herman,
damages purposes, cases interpreting § Mary E. Davidson, and
490.715, RSMo, regarding proof of value Jeffrey A. Goldfarb

26
 MoBarCLE Publications 2010 Volunteers
The following Missouri Bar members served as volunteer authors, reviewers, or planning committee
members for publications published in 2010. We are grateful for their service to The Missouri Bar.
Seth A. Albin Christian L. Faiella David A. Lander Jill T. Roberts
Wendi S. Alper-Pressman Buford L. Farrington Thomas L. Lasley John W. Rourke
John J. Ammann Hon. Arthur B. Federman Bradford B. Lear Norah J. Ryan
Rusty Antel Michael A. Ferry Christopher P. Leritz Ben T. Schmitt
Theresa A. Appelbaum Sheryl Feutz-Harter Joseph L. Leritz Deborah R. Sterling Scott
Katherine J. Bailes Richard V. Fink J. Emmett Logan Robert Selsor
Janet Nava Bandera Holly L. Fisher Peter H. Love Mary S. Shafer
Robert S. Baran Kathleen A. Forsyth Fredrick J. Ludwig Purvi M. Shah
Gary D. Barnes Brian S. Franciskato Debra K. Lumpkins Seth D. Shumaker
Jonathan T. Barton Laurence M. Frazen Michael E. Magliari Kenneth E. Siemens
Douglas S. Beck James F. Freeman, III Scott H. Malin Jason D. Simmons
Kimberly J. Benjamin Dana Frese Evelyn Gwin Mangan Ann F. Snitzer
Paul H. Berens Bruce E. Friedman Scott R. Manuel Sherry A. Snyder
Erik A. Bergmanis C. Marshall Friedman Joseph E. Martineau Margaret L. Stansbury
Julie A. Berkowitz Nancy J. Gargula Michelle M. Masoner Mark G. Stingley
Dawn M. Besserman Barbara J. Gilchrist Vanita R. Massey Mitchell B. Stoddard
Beth C. Boggs Christine A. Gilsinan Gary Mayes Gary D. Streeting
James D. Boggs Thomas G. Glick Matthew S. McBride B. Matthew Struble
Benjamin James Borengasser Jeffrey A. Goldfarb Brian T. McCartney Dan S. Sturdevant
Sonya Day Brandt Charles L. Gooch James Francis McCartney Kim S. Summers
Clifford S. Brown Allison Graves Simone Haberstock McCartney Hon. Kathy A. Surratt-States
Martha C. Brown John R. Gunn Michael W. McCrary David P. Sykora
Ann E. Buckley Brandon S. Gutshall Charles H. McKenzie Charles E. Taylor
Hon. T. Bennett Burkemper, Jr. Karen E. Hajicek Dana C. McWay Susan Baker Teson
Hon. S. Margene Burnett Elizabeth Halaz James E. Meadows Janet M. Thompson
Michael E. Callahan Micah D. Hall Thomas K. Mendel Laura Toledo
Joseph A. Cambiano Theresa Shean Hall Jennifer A. Merlo David A. Townsend
John E. Campbell Scott A. Hamblin Lynn A. Miller J. William Turley
Patricia L. Campbell Brian E. Hamburg Kent W. Minton Reginald H. Turnbull
T. Jack Challis Scott C. Hamilton Christopher Mirakian Jason T. Umbarger
Harry Charles Mike T. Harvath Timothy W. Monsees David M. Unseth
Kevin Checkett Joseph Haverstick Patrick T. Morgan Elizabeth A. Vasseur-Browne
James A. Chenault, III Barbara E. Hecht Shannon Wright Morgan Hon. Jerry W. Venters
Craig Chval Benjamin J. Hegvik Gary L. Myers Eric Vieth
Timothy R. Cisar Sarah C. Hellmann Dean E. Nash Joseph L. Walsh, III
Cullen Cline David B. Helms Steve Newman Joseph W. Wantuck
John P. Clubb Paul V. Herbers Thomas J. Niemann David A. Warfield
Laura E. Clubb Robert Herman Douglass F. Noland Ann Monaco Warren
Jane Cohen Jeremy J. Heslin Joseph P. O’Keefe Karen C. Warren
Robert W. Cornejo Elizabeth C. Hesselbach Stephen Palley Mark G.R. Warren
Carla R. Counsil Paul C. Hetterman Hon. Paul K. Parkinson David G. Watkins
Steven N. Cousins Brian W. Hockett Paul J. Passanante Ronald S. Weiss
Benjamin S. Creedy Jennifer K. Huckfeldt Thomas M. Pavelko Luke E. Wells
Thomas E. Crocco Laura Uberti Hughes Joel Pelofsky Todd C. Werts
Keith A. Cutler Dale K. Irwin Brooke R. Perlyn Daniel P. Wheeler
Jeffrey R. Dahl Charles F. Jensen Nicole R. Piskuric David W. Whipple
Diana S. Daugherty Eric G. Jensen Larry A. Pittman, II Samuel Wilkerson
Mary E. Davidson Max Jevinsky Thomas J. Plunkert Gregory D. Willard
Amy Sweeny Davis Kurtis L. John Derek H. Potts Abigail B. Willie
Rita J. Diehl Eric S. Johnson Douglas S. Pribble Lawrence E. Wines
Jennifer Doering Kirra N. Jones Deborah L. Price Rebbecca Lake Wood
Colleen M. Donohue Mark P. Jones David S. Purcell E. Ann Wright
Hon. Dennis R. Dow Bennett S. Keller Craig C. Reaves Cassandra L. Writz
Susan K. Ehlers J. Ryan Kelly Hon. Charles E. Rendlen, III Sandra J. Wunderlich
David E. Elliott Emily J. Kembell Ronald S. Ribaudo James R. Wyrsch
Jerald S. Enslein Carolyn H. Kerr Virginia G. Rice Casper Scott Yost
Lisa A. Epps Robert K. Kerr Thomas K. Riley Paula M. Young
Frederick J. Ernst Robert G. Kister Stephen H. Ringkamp Lois M. Zerrer
James W. Erwin Roberta Kostrow Charles W. Riske Bart B. Zuckerman
Lynn M. Ewing, III John W. Kurtz William A. Roach, Jr.

27
28
29
 Join In—Sign Up
The Missouri Bar is looking to its membership for assistance in the
Continuing Legal Education Department’s programs and publications.
MoBarCLE Programs: MoBarCLE Publications:
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30
 MoBarCLE Publications
Evidence Guide
  Missouri is one of only a handful Contents
of states that do not have evidence
1. General Provisions
codes or stated rules of evidence.
As a practical guide for Missouri
2. Judicial Notice
lawyers and judges, The Missouri
Bar has recast Missouri evidence
3. Presumptions
law as it has developed in cases,
statutes, and other authorities in the
4. Relevancy and its Limits
format and style of the Federal Rules
of Evidence—not to change the law
5. Privileges
relating to evidence but to provide
practical materials in this vital area.
6. Witnesses
  Missouri Evidence Guide has
been edited into a compact format
7. Opinions and Expert
to make it easier to carry along, and Details and Price
Testimony Hearsay
it is tabbed to correspond with the
Federal Rules of Evidence. Numbers (2003) 279 pp.
8. Authentication and
have been added in the margins to
Identification
speed the location of sections, and $125
objections have been added to make
9. Contents of Writings,
Missouri Evidence Guide a ready
Recordings, and
reference for Missouri lawyers and
Photographs
judges. This is the evidence book
you’ve been waiting for.
10. Objections

Let The Missouri Bar CLE deskbooks help you.

MoBarCLE deskbooks are developed specifically for Missouri attorneys. Because these
books cover Missouri law, they save you time, make your work easier, and make you
more productive.

If you’re not using MoBarCLE deskbooks, your competition may know something
you don’t.

31
 MoBarCLE Publications
Family Law
  Family law is a challenging, rapidly 6. Dissolution of Marriage
expanding, and ever-changing area Anita I. Rodarte
of the law, making this 2-volume set 7. Separation Agreements
a best seller in the MoBarCLE library. Daniel J. Pingelton
This deskbook deals with the legal 8. Parenting Plans
problems of all aspects of family law, Scott A. Robbins
including child support and custody; 9. Child Custody and Visitation
antenuptial, postnuptial, and separa- Rights
tion agreements;  parenting plans; Margo L. Green
alternative dispute resolution and 10. Child Support and
collaborative law;  dissolutions; tort Maintenance Forms on
and criminal liability; property and
taxation; parentage and reproduc-
Carla G. Holste
11. The Family Support Division CD-ROM
tion; and enforcement of judgments Daniel J. Pingelton
and orders. 12. Child Abuse in the Domestic 24. Enforcement of Judgments
  Missouri Family Law provides Mis- Case and Orders
souri attorneys with comprehensive Kathryn L. Dudley Alisse C. Camazine and
coverage of this vital area of the law. 13. Adult Abuse Act and Child Lisa G. Moore
The sixth edition includes over 50 Protection Orders Act Ryan L. Munro (Supp.)
sample forms on CD-ROM and new Christine Sill-Rogers 25. The Uniform Interstate
chapters on Parenting Plans, The 14. Tort Liability and the Family Family Support Act
Family Support Division, and Alter- Relationship Jill S. Kingsbury
native Means of Reproduction. Matthew D. Turner Janelle Jennings-Drummond
  For a list of the forms on the CD- 15. Characterization and (Supp.)
ROM, visit our online CLE Publica- Division of Property in 26. Modification of Decrees
tions Bookstore at www.mobarcle. Divorce Kevin Hoop and John A. Reed
org. Allan H. Zerman and 27. Conflict of Laws
Cary J. Mogerman Allan H. Zerman and
Contents
Stephanie L. Jones (Supp.) Cary J. Mogerman
1. The Lawyer’s Role in Family 16. Pensions and Deferred Joseph J. Kodner (Supp.)
Law Compensation 28. Parentage
David B. Lacks James P. Rosenbloom Allan F. Stewart
2. Marriage 17. Taxation 29. Rights of the Unwed
Scott M. Mann Clifford S. Brown Kimberly J. Bettisworth
3. Annulment 18. Motion Practice Before Trial Benicia A. Baker-Livorsi (Supp.)
Daniel R. Sokol and Maia Brodie and Aimee Ruder 30. Alternative Means of
Sanford J. Boxerman Erin M. Zielinski (Supp.) Reproduction
Barbara C. Bentrup (Supp.) 19. Discovery Tim R. Schlesinger
4. Antenuptial and Postnuptial Michael L. Taylor
Agreements 20. Trial Practice
Bruce E. Friedman and Michael L. Taylor Details and Price
Justin W. Ruth 21. Use of Experts
5. Mediation and Other Forms Susan J. Wirthlin 2 vols. (6th ed. 2004) 1,278 pp.
of Alternative Dispute 22. Attorney Fees plus 2009 C. Supp., 268 pp.
Resolution T. Bennett Burkemper, Jr.
Alan E. Freed 23. Postdissolution Matters $245
Michelle S. House-Connaghan

32
 MoBarCLE Publications
Farm Law
  Missouri Farm Law is for those Contents
attorneys who encounter the special-
1. The Farmer and the Uniform
ized issues of Missouri farmers and
Commercial Code
the state’s agricultural industry. This
Kurt A. Voss and
deskbook includes detailed chapters
Kevin A. Richardson
covering farm real estate topics such
2. Environmental Issues
as contracts, leases, recreational
Mark D. Anstoetter and
uses, fencing, strays, trespass, and
Kathryn A. Larkins
water and mineral rights. It includes
3. Trespass
a comprehensive chapter on farm
Joel Pelofsky
and agricultural taxation. It highlights
environmental issues like water pol-
4. Farm Real Estate Full-Text
lution, air pollution, waste manage-
Transactions
Robert J. Guinness
CD-ROM
ment, pesticides, and fertilizers. It
5. Fencing Laws in Missouri
covers biotechnology, intellectual
and Livestock Running at
property, cooperatives, and the ap-
Large on Public Roads
plication of the UCC to crops, timber,
Robert V. Krueger
and livestock.
6. Rights of Parties in 11. Selected Biotechnology
  Agricultural law is characterized by
Possession Issues
a unique blend of federal and state
Amanda D. Cochran J. Powell Carman,
regulation, and Missouri Farm Law
7. Federal and State Laws Brandon Neuschafer,
thoroughly covers this distinct topic.
Affecting the Marketing of and James Surber
The book includes sample forms,
Farm Products
charts, and checklists and provides
Ernest H. Van Hooser
extensive lists of other resources.
8. Income Taxation of Farmers
And this third edition comes with a
Steven H. Akre Details and Price
full text, fully searchable CD-ROM.
9. Water and Mineral Rights
  For a list of the forms on the CD-
Richard L. Waters and (3rd ed. 2006) 478 pp.
ROM, visit our online CLE Publica-
David V. Kenner
tions Bookstore at www.mobarcle.
org.
10. Agricultural Cooperatives $195
Wallace E. Brockhoff and
Chad Cook

33
 MoBarCLE Publications
Insurance Practice
  Insurance questions are inevitable Contents
in the lives and businesses of your
clients. 1. Regulation of Insurance in
  When they turn to you for help, Missouri
Missouri Insurance Practice is the Ann Monaco Warren and
resource you need to guide them Mark Gilmer Rhodes Warren
through the technical and difficult 2. Supervision, Rehabilitation,
issues they face. Designed as an and Liquidation of Troubled
easy-to-use, practical reference, Insurance Companies
this deskbook addresses policy Paula M. Young
language interpretation, the rights 3. Personal Insurance
and responsibilities of both the Stephen R. Gleason and
2010 Forms on
insured and the insurance company,
vexatious refusal to pay actions, and
Carolyn H. Kerr
4. Homeowners and Fire Supplement CD-ROM
much more. Insurance Policies
  Whether your client is an Theresa Shean Hall
insurance company, an individual 5. Personal Automobile Policy: 12. Title Insurance
with questions about a homeowners Bodily Injury Liability and Warren A. Donaldson and
policy, or a business facing directors` Property Damage Liability Thomas C. Conroy
and officers` liability issues, you will Coverages David A. Townsend (Supp.)
find helpful guidance in Missouri J. William Turley 13. Actions on Policies
Insurance Practice. 6. Protection Against Dale L. Davis and
  The 2010 supplement contains Uninsured and Underinsured Robert D. Lewis
an organizational chart reflecting Motorists Robert K. Kerr and
agency reorganizations and James W. Riner Eric S. Johnson (Supp.)
discusses the substantial statutory Mark T. Harvath (Supp.) 14. Rights and Remedies
and regulatory changes and caselaw 7. Subrogation Beth C. Boggs
developments since the deskbook Dana Frese 15. Insurance Coverage for
was published. 8. Liability Insurance for Environmental Claims
  The two-volume book includes Professionals Mary L. Barrier and
sample forms on CD-ROM, updated Mark B. Berry and Cheryl B. Linder
for 2010. For a list of the forms on the Kenneth K. Schmitt Kirra N. Jones (Supp.)
CD-ROM, visit our CLE Publications 9. Directors’ and Officers’ 16. Reinsurance
Bookstore at www.mobarcle.org. Liability Thomas M. Pavelko
J. Emmett Logan 17. Third-Party Bad Faith
10. Property and Business Christian L. Faiella
Liability Commercial General
Liability Coverage
Joseph L. Leritz and
Thomas J. Plunkert
Christopher P. Leritz (Supp.) Details and Price
11. Surety Bonds
2 vols. (5th ed. 2004) 919 pp.
Charles R. Leick
plus 2010 Supp., 267 pp.
John W. Rourke,
Thomas J. Niemann, and
Benjamin Hegvik (Supp.) $245

34
 MoBarCLE Publications
Intellectual Property Law
  MoBarCLE announces the Contents
publication of a deskbook devoted
entirely to intellectual property 1. Patents
issues. Though discussions of Peter S. Gilster,
intellectual property law have been Linda L. Lewis, Kelly K. Burris,
available in other CLE deskbooks, and Gregory E. Upchurch
including  Missouri Business 2. Trademarks
Organizations, Missouri Damages, Gregory E. Upchurch and
and Missouri Tort Law, MoBarCLE Annette P. Heller
recognized the need to bring this
information together. 3. Copyright
  This first edition of Missouri Gregory E. Upchurch and
Intellectual Property Law is a Mark E. Books
compilation and update of those
4. Trade Secrets
materials, enhanced by the addition
McPherson D. Moore
of two new chapters covering Details and Price
jurisdiction, procedure, and evidence
5. Jurisdictional and (2004) 196 pp.
in intellectual property cases. Top
Procedural Aspects of
attorneys in the field have combined
Intellectual Property $125
their expertise to bring you practical
Litigation
and relevant information that you
Gregory E. Upchurch
can put to work for your clients
immediately. 6. Evidence in Intellectual
  This is an exciting resource for Property Litigation
Missouri attorneys—intellectual Gregory E. Upchurch
property law information all in one
place!

Feedback and Suggestions

Do you have an idea for a new MoBarCLE deskbook or a suggestion for improving
an existing one? Have you found an error in one of our books? Would you like
information on becoming an author or reviewer of a MoBarCLE deskbook?
E-mail your comments or requests to cle@mobar.org or call (573) 635-4128.

35
 MoBarCLE Publications
Juvenile Law
  Missouri Juvenile Law presents Contents
practical information and a com-
prehensive overview of the different 1. The Juvenile Office
areas of this crucial area of the law. Mary Kay O’Malley
Learn about the structure and func- 2. Right to Counsel and Role of
tions of the juvenile office and the Counsel
role of the juvenile officer through Teresa Rieger Housholder
the various stages of judicial pro- 3. Rights of the Child
ceedings. Find out about the 3 types Kimberly Shields
of protective custody and the pur- 4. Rights of Parents and
pose and conduct of social studies. Custodians
  This book covers who has the
right to counsel and what the role
Kelly J. DeLuca
5. Rights of Victims and Full-Text
of counsel is in various types of pro- Witnesses in Delinquency
Proceedings
CD-ROM
ceedings, and it tells about the role
of and standards for guardians ad Elizabeth K. Magee and
litem. Learn the rights of the parties Christopher D. Wilson
and participants in the various types 6. Child Abuse and Neglect 16. Treatment Alternatives—
of proceedings relating to juveniles. Douglas E. Abrams Delinquency
Compare delinquency, status of- 7. Delinquency Geoffrey E. Allen
fenses, and prosecution under gen- Melissa L. McAllister 17. Treatment Alternatives—
eral law. Find extensive coverage of 8. Status Offenses Neglect and Abuse
child abuse and neglect and termi- Bradley P. Grill Lora E. Cooper
nation of parental rights. This desk- 9. Termination of Parental 18. Interagency Cooperation and
book will guide you through the pro- Rights Continued Supervision
cedure of juvenile proceedings and Mary Kay O’Malley James D. Beck
discusses treatment alternatives. 10. Jurisdiction and Venue
  This deskbook fills a need for Shawn R. McCarver
attorneys who occasionally find 11. Special Juvenile Court
themselves in juvenile court as Jurisdiction Issues
well as for those practicing regu- Penny J. Umstattd-Cope
larly there. And the book comes 12. Prehearing Procedures
with a full-text, fully searchable David G. Bandré
Details and Price
CD-ROM that also includes 13. Miscellaneous Motions,
forms in word-processing format. Examinations, and Records (3rd ed. 2007) 681 pp.
  For a list of the forms on the Maureen M. Monaghan
CD-ROM, visit our online CLE 14. Prosecution Under General $195
Publications Bookstore at www. Law
mobarcle.org. Daniel G. Barry
15. Conduct of Hearing
Sara C. Michael

36
 MoBarCLE Publications
Litigation Settlements
  Missouri Litigation Settlements is Contents
a how-to book prepared by Missouri
attorneys on the proper procedures 1. Overview
for settling a lawsuit. It is a convenient Robert L. Langdon and
nuts-and-bolts guide in preparing Lawrence B. Grebel
closing papers and explains when to Patrick L. Mickey (Supp.)
settle, why to settle, what methods 2. Evaluation and Settlement of
to use, with whom to settle, and the Personal Injury Claims
effect of settling. It even contains Stephen F. Meyerkord and
a chapter on alternative dispute Peter B. Hoffman
resolution. 3. Mary Carter Agreements
  The vast majority of cases are Jeffrey W. Bates
Christian L. Faiella (Supp.)
Forms on
settled. This book, which includes
forms on CD-ROM, is one of the 4. Chapter 537 Settlements CD-ROM
few places an attorney can get Michael W. Manners
information on this important part of 5. Wrongful Death
practicing law. The 2009 Cumulative John L. Oliver, Jr.
Supplement includes coverage of Derek H. Potts (Supp.)
structuring attorney contingency 6. Settlements With Minors and 13. Enforcement or Rescission
fees and the effect of the 2005 tort Incompetents of Settlement Agreements
reform on joint and several liability, Beth C. Boggs Keith A. Cutler
medical malpractice damage caps 7. Structured Settlements 14. Litigation Settlements in
(non-economic damages), punitive Paul L. Redfearn and Probate Matters
damage caps, and prejudgment C. Robert Buckley Heywood H. Davis and
interest prerequisites. The B. Colt McClelland (Supp.) Dan C. Sturdevant
supplement includes new sections 8. Releases 15. Alternative Dispute
on the use of focus groups and mock Ronald R. McMillin Resolution
trials, partial settlements when there Dana L. Frese (Supp.) Michael S. Geigerman,
are both contract and tort claims, 9. Liens, Subrogation, and James W. Reeves,
the Overhead Power Line Safety Assignments James R. Keller, and
Act, prejudgment interest in Chapter Michael G. Berry and Jay A. Daugherty
537 settlement cases, qualified Christopher P. Rackers
settlement funds, and factoring 10. Settlements in Commercial
structured settlements. Litigation
  For a list of the forms on the William H. Sanders, Sr.
CD-ROM, visit our online CLE David L. Rein, Jr. (Supp.)
Publications Bookstore at www. 11. Settlements on Appeal
Gerre S. Langton and Details and Price
mobarcle.org.
Adrian P. Sulser (2nd ed. 2001) 441 pp.
12. Settlement With Missouri plus 2009 C. Supp., 225 pp.
Property and Casualty
Insurance Guaranty
Association
$195
Kevin P. Schnurbusch

37
 MoBarCLE Publications
Local Government Law
  The principles of local government 3. Employer/Employee Law
law are based on a unique blend Joy W. Rushing
of constitutional law, statutory Ivan L. Schraeder (Supp.)
law, and caselaw, all of which are 4. Procedure of Governmental
woven together in the third edition Bodies
of Missouri Local Government Law W. Dudley McCarter,
to create a valuable research and Joseph D. Ferry, and
reference tool. This deskbook is a Al E. Nick
unique resource for attorneys with 5. Missouri Open Meetings/
local government clients or clients Open Records Law
who deal with local government (Sunshine Law)
entities. But its comprehensive
coverage of topics ranging from
James H. Klahr
6. Municipal Revenues,
Forms on
employment law to municipal court Taxation, and Expenditures CD-ROM
proceedings to tort liability also Volunteers and Staff
makes it an important resource for Deborah K. Deuster (Supp.)
attorneys who might not routinely 7. Missouri Law and Land Use
deal with government entities. The Controls
2008 supplement covers such hot Albert A. Michenfelder and
topics as collective bargaining rights Steven W. Koslovsky
for public employees and Missouri’s 8. Building and Housing Codes 14. Special Purpose Agencies
rewritten eminent domain laws. The and Related Property and Districts
supplement also includes a revised Regulations John B. Williams and
and expanded chapter on municipal Charles E. Callier, Jr., Jay D. Haden
court proceedings with practical lists Steven R. Wild, and 15. Police Departments
and other helpful information. Lisa K. Thorp Paul A. Campo
  For a list of the forms on the 9. Acquisition and Use of Betsy Blake (Supp.)
CD-ROM, visit our online CLE Municipal Property 16. Municipal Boundary
Publications Bookstore at www. James H. White Adjustments
mobarcle.org. 10. Governmental Tort Liability Stephen P. Chinn
Fred Boeckmann J. Trevor Wood (Supp.)
11. Municipal Court Proceedings 17. Urban Development
Contents
Thomas S. Gleditsch, Thomas A. Cunningham
1. Constitutional and Statutory Drew A. Heffner, and
Sources of Local David E. Miller
Government Authority 12. Intergovernmental
Details and Price
Patricia Redington Relations—Cooperation and
James H. White (Supp.) Conflicts 2 vols. (3rd ed. 2002) 825 pp.
2. Duties, Obligations, and Thomas K. Riley plus 2008 Supp., 201 pp.
Rights of Municipal Officers Gregory M. Mealy (Supp.)
and Employees 13. Counties $245
Mildred A. Motley John B. Williams and
Jay D. Haden

38
 MoBarCLE Publications
Mental Health Law
  Missouri Mental Health Law dis-   This book answers all these
cusses both the civil and criminal questions and more and includes
aspects of mental health, drug and information about other resources.
alcohol abuse, commitments, and And this book comes with a full-text,
releases. It details rights, duties, fully searchable CD-ROM.
liability, and immunity of mental health
professionals, law enforcement, hos- Contents
pitals, patients, counsel, and those
filing applications for involuntary 1. Durable Power of Attorney
detentions. It outlines requirements Sheila M. Hayes and
for capacity, guardianships, conser- Michael P. Gunn
vatorships, restraints, least restric- Full-Text
tive environment, and confidentiality.
  Missouri Mental Health Law an-
2.

Capacity, Guardianship, and
Conservatorship Issues as CD-ROM
swers your most pressing ques- They Pertain to Mentally Ill
tions: What is the effective date of a Individuals
durable power of attorney and what Virginia G. Rice
language is required to establish
one? What are the responsibilities 3. Qualified Immunity for
and the authority of a guardian or Mental Health Professionals
conservator? What are the required From Civil Liability
contents of a guardian’s annual re- Mary Stewart Tansey
port? What is the liability of mental Details and Price
health professionals, law enforce- 4. Issues Arising Out of Mental
(2006) 111 pp.
ment officials, or persons filing an Health Commitments
application for an involuntary com- Involving Law Enforcement
mitment? What are a hospital’s or Mary Stewart Tansey $125
other facility’s duties to treat, to
protect, and to warn? What are the 5. Treatment and Related
standards and procedures for invol- Issues During
untary civil commitments, including Hospitalization
for drug or alcohol abuse? Where do Sheryl Feutz-Harter
you file? Should the commitment be
96 hours, 21 days, 90 days, or 6. Involuntary Commitments
1 year? What questions are consid- and Detentions
ered in a pretrial evaluation of the Mary Stewart Tansey
defendant? What are the 4 kinds of
releases, and what factors does the 7. Forensic Mental Health
court consider? P. Ann Dirks-Linhorst

39
 MoBarCLE Publications
Professional Liability
  Missouri Professional Liability Contents
provides valuable step-by-step guid-
ance through the practical consid- 1. Health Care Providers
erations arising from the issue of Kirk J. Goza, Michael D. Moeller,
liability of professionals. It includes Adam W. Graves, and
elements of causes of action, trial Keenya Harrold
practice issues, damages, proof 2. Attorneys
concerns, privileges, defenses, stan- Steven H. Schwartz,
dards, definitions, criminal liability, T. Michael Ward, and
and emerging issues. The authors Teresa M. Young
3. Accountants
walk you through duty, breach of
duty, causation, damages, and de- Joel I. Krieger and Full-Text
fenses.
4.
Richmond M. Enochs
Design Professionals
CD-ROM
  This book includes specific chap-
ters on liability for seven professions Gary E. Snodgrass and
and a chapter on liability insurance William S. Thomas
for professionals. A full-text, search- 5. Real Estate Professionals
able CD-ROM is included with the Edward R. Spalty and
book. David A. Jermann
6. Insurance Agents and Details and Price
Brokers
Gary A. Growe (2005) 292 pp.
7. Tort Liability for Clergy
Sexual Misconduct $125
Robert C. Cook
8. Liability Insurance
Mark B. Berry and
Kenneth K. Schmitt

Principles of Civility
It is the duty of each lawyer to engage in conduct that brings dignity to and
promotes civility in the profession. Toward that end, each lawyer shall be:
Respectful, Trustworthy, Courteous and Cooperative
in all dealings with judges, lawyers, clients, and other
members of the public that they serve.

40
 MoBarCLE Publications
Real Estate Practice
  If you ever deal with real estate 7. Water and Mineral Rights
issues, the fourth edition of Missouri Richard L. Waters
Real Estate Practice is a must-have David V. Kenner (Supp.)
for your library. Its practical guidelines 8. Environmental Issues
and comprehensive coverage of the Impacting the Buying,
substantive law make it an excellent Selling, and Leasing of Real
resource for both beginning coun- Estate
sel and experienced practitioners. Crystal M. Kennedy and
  This edition features insights and Jennifer M. Martin
practical tips from leading practitio- 9. Real Estate Financing
ners; sample forms and a forms CD- John P. McNearney
ROM; checklists; helpful diagrams;
step-by-step procedures; and
10. Deeds of Trust and Security
Instruments
Forms on
6 new chapters covering like-kind Randell D. Wallace CD-ROM
exchanges, environmental issues, J. Worthen DeYoung (Supp.)
residential leases, real estate bro- 11. Foreclosure
kerage, damages to real property, Jeffrey T. Weisman
and alternative dispute resolution. 12. Adverse Possession, 21. Condominium and
  Whether you handle real estate Prescription, and Actions Time-Sharing
transactions occasionally or on a to Quiet Title Lynn M. Ewing, Jr. and
day-to-day basis, this 3-volume W. Edward Reeves Lynn M. Ewing, III
deskbook will equip you with the 13. Partition 22. Usury and Truth in Lending
tools you need. For a list of the forms Charles W. Riley and C. Robert Monroe and
on the CD-ROM, visit our online Thomas K. Riley Rochelle B. Ecker
CLE Publications Bookstore at www. 14. Mechanic’s Liens 23. Federal Regulations
mobarcle.org. Sherman A. Botts H. Steven Graham,
15. Federal and State Tax Liens Allison L. Bergman, and
Contents and Other Statutory Liens L. Allison Godfrey
David N. Zimmerman Shomari Benton (Supp.)
1. Evidence of Title and Cures 16. Commercial Lease 24. Real Estate Brokerage
to Title Defects Transactions Sherry A. Mariea
Kenneth O. McCutcheon, Jr. Larrie C. Hindman and 25. Alternative Dispute
and Nathaniel S. Walsh Gerald D. Weidner Resolution
Richard L. Martin (Supp.) 17. Residential Lease Richard L. Routman
2. Title Insurance Transactions 26. Damage to Real Property
Stephen M. Todd Julie M. Cheslik Valerie M. Sieverling
James A. Leonard (Supp.) Richard E. Coughlin (Supp.)
3. Real Estate Contracts 18. Landlord/Tenant Actions
Robert Hickel and Remedies
4. Real Property Exchanges Katharyn B. Davis
James W. Davis 19. Urban Development
5. Deeds and Conveyances Thomas A. Cunningham Details and Price
Michael G. O’Flaherty 20. Zoning, Subdivisions, and
Todd A. LaSala (Supp.) Annexation 3 vols. (4th ed. 2000) 1,299 pp.
6. Easements and Party Walls Stephen P. Chinn, plus 2006 C. Supp., 387 pp.
John L. Oliver, Jr. Paul V. Rost, and
Mark D. Murphy (Supp.) T. Chris Williams $325
J. Trevor Wood (Supp.)

41
 MoBarCLE Publications
Remedies
  Missouri Remedies brings together constructive trust and when is each
in one volume those equitable and used?
other remedies outlined in the   This publication is filled with
table of contents below. Find 15 practice suggestions: includes
maxims of equity brought together checklists, charts, lists of other
in one chapter. Learn the process resources, and 40 sample forms
for obtaining a TRO. Learn the (over 75 pages—including
differences between a writ of pleadings); and comes with a full-
mandamus and a writ of prohibition. text, fully searchable CD-ROM. For
Find a checklist for replevin and a a list of the forms on the CD-ROM,
chart comparing eviction procedures. visit our online CLE Publications
Get detailed treatment of state and Bookstore at www.mobarcle.org. Full-Text
federal habeas corpus proceedings
along with sample forms. Learn the CD-ROM
differences and interrelationships
between civil and criminal contempt. Contents
Learn the 6 methods for a change
of name and who has standing 1. History, Definition, and 11. Election Contests
to contest an election. Learn the Maxims of Equity David C. Christian
distinction between rescission and R. Scott Gardner 12. Quo Warranto
cancellation of an instrument. 2. Injunctions Susan Ford Robertson
  Get answers to your most pressing John Mollenkamp 13. Actions for Equitable
questions: What are the 3 phases 3. Declaratory Judgments Accounting
of injunctive relief? When is a de- Jim S. Green David L. Zerrer
claratory judgment a proper remedy? 4. Writs of Mandamus and 14. Cancellation, Rescission,
Where should a petition for a writ Prohibition and Reformation of
of prohibition be filed? What is the James W. Erwin Instruments
authority for a writ of attachment? 5. Attachments, Sequestrations, James A. Kessinger
When is a writ of sequestration most and Garnishments 15. Resulting and Constructive
commonly used? Is self-help ever an R. Scott Gardner Trusts
appropriate alternative to replevin? 6. Replevin Rebecca J. Miller
What are the 3 different procedures Mark G. Zellmer and
used for evictions? What court may Shirley A. Padmore
issue a writ of habeas corpus? When 7. Evictions and Ejectment
does civil contempt become criminal Robert J. Wise
contempt? What is quo warranto and 8. Habeas Corpus Details and Price
when is it the exclusive remedy? S. Paige Canfield and
What are the 4 essential elements Christine E. Rollins (2006) 454 pp.
for an equitable accounting? What 9. Contempt
are the 2 grounds for reformation of Paul K. Parkinson $195
an instrument? What is the difference 10. Change of Name
between a resulting trust and a Julian Bush

42
 MoBarCLE Publications
School Law
  The legal issues that concern Contents
schools, educators, students,
and parents find their sources 1. Organization of School
in many different areas of the Districts
law—constitutional, criminal, tort, Thomas E. Tueth,
contracts, property, and others. Celynda L. Brasher, and
Missouri School Law brings these Peter G. Yelkovac
areas together in one publication that 2. Funding and Finances
applies the legal principles to specific Thomas E. Tueth,
questions that arise in the context of Celynda L. Brasher, and
public school law. What is a public Peter G. Yelkovac
school’s responsibility to a student Toni I. Stegeman (Supp.)
with a disability? 3. Contracts 7. Control and Discipline
  What are the rights of a tenured Thomas E. Tueth, Thomas E. Tueth,
employee? How far can a school go Celynda L. Brasher, and Celynda L. Brasher, and
in regulating student speech? Should Peter G. Yelkovac Peter G. Yelkovac
a religious group be allowed to meet 4. School Property 8. Liabilities and Immunities
on school property? Can students Thomas E. Tueth and Thomas E. Tueth,
participating in extracurricular Peter G. Yelkovac Celynda L. Brasher, and
activities be subject to drug testing? Lisa J. Berns (Supp.) Peter G. Yelkovac
What is a school’s liability when 5. Employment Law 9. Church and State
a person is injured on school Thomas E. Tueth, Thomas E. Tueth and
grounds? Celynda L. Brasher, Melanie Gurley Keeney
  Lead author Peter G. Yelkovac Peter G. Yelkovac, and Michelle H. Basi (Supp.)
and his colleagues provide answers D. Shane Jones
and guidance for attorneys facing the Sally E. Barker and
interesting and unique challenges Loretta K. Haggard (Supp.)
Details and Price
that arise in the law of education. 6. Student and Parent Rights
and Responsibilities (2003) 156 pp. plus
Thomas E. Tueth, 2008 Supp., 64 pp.
Celynda L. Brasher, and
Peter G. Yelkovac $125
Daniel E. Underwood (Supp.)

43
 MoBarCLE Publications
Secured Transactions
  Missouri Secured Transactions Contents
is derived from Missouri Creditors’
Remedies. With the adoption in 1. General Governing Law—
Missouri of Revised Article 9 of Article 9 of the Uniform
the Uniform Commercial Code and Commercial Code
changes in the bankruptcy laws, Peter D. Kerth
this topic had expanded to the point 2. Changes to the General
to justify its own book. This new Governing Law—Revised
publication provides step-by-step Article 9
guidance through the complexities of
Revised Article 9 and the transition
Gwen Froeschner Hart
3. Transition Rules
Full-Text
rules with helpful charts, scenarios, Jerald S. Enslein CD-ROM
and practical tips. 4. Attachment—Creation of a
  Learn the where, when, how, Security Interest
and how much of filing financing Bryan C. Bacon
statements and the impact of 5. Perfection of Security
bankruptcy on secured liens. Plus, Interests Details and Price
get information on liens outside Geoff W. Hetley
6. Priorities (2005) 316 pp.
Article 9 such as liens on motor
vehicles, aircraft, watercraft, and Nicholas A. Franke
manufactured homes. 7. Enforcement After Default $125
  A full-text, searchable CD-ROM Paul M. Hoffmann
is included with the book. The 8. Filing Rules
CD-ROM also includes the forms Gwendelyn Garcia
from the book in word-processing 9. Possessory Liens
format. For a list of the forms on Maury B. Poscover and
the CD-ROM, visit our online CLE Adam W. Smith
Publications Bookstore at www. 10. Other Liens—Non-Article 9
mobarcle.org. Statutory Liens
James S. Cole

Order online at
www.mobar.org

Questions? E-mail us at
cle@mobar.org

44
 MoBarCLE Publications
Sources of Proof
  Each chapter of Missouri Sources Contents
of Proof is a comprehensive
presentation of the ins and outs 1. Introduction to a Perspective
of using a particular source, such on Proof
as presumptions, judicial notice, W. James Foland
records, discovery methods, exhibits, 2. Presumptions
and others. Together, the chapters James R. Sharp
cover all major types of proof and 3. Judicial Admissions and
how to use them. The detailed focus Judicial Notice
on a single subject provides an Jennifer G. Bacon and
Karen M. Gleason
excellent starting point for the lawyer
presented with any particular proof 4. Public Records Forms on
inquiry or problem. Find answers
to questions like: Who qualifies
Terri L. Parker
5. Medical Records CD-ROM
as an expert witness and where Gerald M. Sill and
do you look to find one? What is Joanne E. Joiner
the foundation required to admit a Anne C. Curchin (Supp.)
business record? When should a 6. Business Records 12. Discovering Evidence for
request for admission be served? Paul J. Passanante Trial Through Physical and
How can answers to interrogatories 7. Statements Mental Examinations
be used as proof in court? Jeffrey W. Bates R. Denise Henning
  The book also includes helpful 8. Exhibits and Demonstrative Jeff R. Scurlock (Supp.)
resources such as sample forms Evidence 13. Expert Witnesses
and a forms CD-ROM, practical Volunteers and Staff David G. Newkirk
tips for finding expert witnesses, a Michael T. Harvath (Supp.) Scott Pulido (Supp.)
thorough witness interview checklist, 9. Interrogatories and 14. Proof of Personal History
extensive information on HIPAA, and Depositions Timothy W. Jones
a glossary of medical abbreviations Toni Griesbach and David T. Butsch (Supp.)
and symbols and their meanings. For Mary E. Coffey
a list of the forms on the disk, visit our Genevieve Nichols (Supp.)
online CLE Publications Bookstore at 10. Discovering Evidence for
www.mobarcle.org. Trial Through Production of
Documents and Things and
Entry Upon Land
R. Denise Henning Details and Price
Jeff R. Scurlock (Supp.)
11. Discovering Evidence for (4th ed. 2001) 474 pp. plus
Trial Through Requests for 2009 C. Supp., 100 pp.
Admission
R. Denise Henning $195
Jeff R. Scurlock (Supp.)

45
 MoBarCLE Publications
Taxation Law and Practice
  This three-volume deskbook provides 3. Inheritance and Estate Taxation
comprehensive coverage of Missouri tax William B. Prugh
law and practice. It was written by skilled 4. Income Taxation of Estates,
Missouri attorneys who share their ex- Trusts, and Beneficiaries
perience, expertise, and practical advice Ronald C. Thiewes
through the deskbook. It includes infor- 5. Income Taxation of Individuals
mation relevant to individual taxpayers John A. Bruegger
and to businesses. The book contains 6. Income Taxation of Corporations
a valuable discussion of substantive Carole L. Iles
law, but it is especially strong in its cov- 7. Income Taxation of Flow-
erage of procedural issues. It covers
procedures before the State Tax Com-


Through Entities (Partnership,
Limited Liability Company, and
Full-Text
mission, the Department of Revenue, S Corporation) CD-ROM
the Administrative Hearing Commission, James J. Wotruba and
county boards of equalization, and other Suzanne M. Rodekohr
entities. Find information on filing proce- 8. Corporate Income Taxation— 21. Taxation of Insurance
dures, deadlines, and forms. Multistate Activities Companies
  The book includes extensive internet Brenda L. Talent and Erik R. Edwards and
resources, including guidance to forms. Edward F. Downey S. Patrick O’Bryan
This fourth edition has a new chapter 9. Sales and Use Taxes— 22. Taxation of Public Utilities
on motor fuel taxation and a much- Substantive Aspects Richard W. Hardy
expanded tax credits chapter. Learn Steven H. Akre 23. Motor Vehicle Taxes—Title and
the dozens of tax credits available and 10. Sales and Use Taxes— Registration, Sales, Highway
how to claim them. Find calculations, Multistate Activities Use, Leasing Companies
information about allocating income Marian Palma Cardona William B. Prugh
and sales of multistate businesses, a 11. Sales and Use Taxes— 24. Motor Fuel Taxation
statutory reference table for municipal Procedural Aspects John A. Bruegger
taxation, and DOR contact information James M. Matthews 25. Missouri Tax Credits
for divisions and field offices. 12. Employment Taxes, Income John L. Gegg
  This unique reference should have Withholding, and Unemployment 26. Missouri Riverboat Gaming
a place on the shelf of every Missouri Contributions Laws
lawyer, but attorneys representing small Harry Charles and Larry Ruhmann Staff and Volunteers
businesses and local governments 13. Property Taxation 27. Procedure—Department of
should definitely have it. A full-text, Brian T. Howes Revenue
searchable CD-ROM that also contains 14. Missouri Corporation Franchise Elizabeth K. Thompson
word-processing forms is included with Tax 28. Procedure—Administrative
the book. Nimrod T. Chapel, Jr. Hearing Commission
  For a list of the forms on the CD- 15. Taxation of Exempt Timothy A. Blackwell
ROM, visit our online CLE Publications Organizations
Bookstore at www.mobarcle.org. Duncan W. McQueen
16. Municipal Taxation
Contents Wallace L. Duncan
17. Local Tax Systems
1. History and Overview of Harlan J. Kwiatek Details and Price
Missouri Taxation 18. Taxation of Banks
William B. Prugh Wade L. Nash 3 vols. (4th ed. 2009) 1,516 pp.
2. The Hancock Amendment 19. Taxation of Savings Banks and
Rhonda C. Thomas, Savings and Loan Associations
Deborah K. Rush, Lynn M. Ewing, III
$345
Charles E. Callier, Jr., and 20. Taxation of Credit Unions
Brandi M. Wilson Leon G. Kusnetzky

46
 MoBarCLE Publications
Time Limitations
  The 2010 edition is the 22nd edition
of this book and is current through
the 2010 veto session of the Mis-
souri General Assembly. This book
provides Missouri lawyers with an
easy-to-use reference containing
the time limitations found in the Mis-
souri Revised Statutes and Supreme
Court Rules.
  MoBarCLE publishes this book
annually and, for updating ease, it
is published as two 8 1/2" x 11" per-
fect-bound volumes. And the book
includes a full-text, fully searchable
CD-ROM.
Contents
1. State Buildings and Lands,
Legislative and Executive
Branches, Military Affairs
and Police, and Local
Governments
§§ 8.003–103.163, RSMo
2. Public Officers and Elections
§§ 104.170–130.081, RSMo
3. Taxation and Revenue
§§ 135.015–155.080, RSMo
4. Education, Health and
Welfare, Roads and
Waterways
§§ 160.254–238.410, RSMo
5. Lands, Conservation and
Agriculture
§§ 241.160–281.260, RSMo
6. Labor, Motor Vehicles,
Alcoholic Beverages, Public
Safety, Occupations
§§ 285.100–346.120, RSMo
7. Business Organizations,
Public Utilities
§§ 347.025–394.312, RSMo
8. Trade
§§ 400.2-702–419.060, RSMo
9. Debtor-Creditor Relations,
Contracts, Property, Domestic
New Full-Text
Relations
§§ 426.020–455.545, RSMo Edition CD-ROM
10. Trusts and Estates
§§ 456.1-108–475.430, RSMo
11. Courts and Civil Procedure
§§ 476.083–515.200, RSMo
12. Real, Personal, and Penal
Actions and General
Provisions
§§ 516.010–516.500, RSMo
13. Procedures Before Associate Details and Price
Circuit Judges, Statutory
2 vols. (22nd ed. 2010) 651 pp.
Actions and Torts
§§ 517.031–538.225, RSMo
14. Crimes and Allied Matters, $75
Public Business and
Additional Executive
Departments, Codes and
Standards
§§ 540.060–701.509, RSMo
15. Criminal and Municipal
Procedure
Rules 19.07–38.08
16. Civil, Juvenile, and Small
Claims Procedure
Rules 43.01–146.01
47
 MoBarCLE Publications
Tort Law
  Missouri attorneys have relied 2. Assault and Battery
on Missouri Tort Law for over 30 Kenneth E. Siemens
years as a practical, dependable 3. Malicious Prosecution and
resource on liability issues. Now, the False Arrest
authors of the third edition and the Matthew S. McBride and
2010 Cumulative Supplement to this Brian T. McCartney
popular MoBarCLE deskbook supply 4. Infliction of Emotional
the same reliable guidance while
including recent statutory changes Distress
and caselaw to save you time and Gregory E. Upchurch
ease your research. No matter what Kirra N. Jones (Supp.)
kind of tort law you practice—whether 5. Defamation and Invasion of
Privacy
property or personal, premises
or products—this convenient and Joseph E. Martineau and 2010 Forms on
proven overview of legal principles
and specific causes of action is a
David B. Helms Supplement CD-ROM
6. Tortious Interference With
must-have for your library. The 21 Business Relationships
chapters in this publication set out James F. Monafo and
elements of causes of action, detail
procedural issues such as pleading Phillip C. Boyd
requirements and parties, explain Sarah C. Hellmann and
damages and defenses, analyze J. Ryan Kelly (Supp.)
insurance and settlement issues, 7. Misrepresentation: Negligent 16. Property Rights
and much more. and Intentional Lynn M. Ewing, III
  The 2010 Cumulative Supplement Douglas S. Beck 17. Property Damage
contains new sections on battery Brandon Gutshall (Supp.) Robert C. Cook
in the health-care context, liability 8. Automobile Torts Jeremy J. Heslin (Supp.)
for assault under the workers’ Christian L. Faiella 18. Comparative Fault
compensation statute, defamation 9. Aviation Liability Charles H. McKenzie and
over the internet, liability of flight- Frederick J. Ernst
training schools, strict liability for Paul V. Herbers
Elizabeth Vasseur-Browne (Supp.) E. Ann Wright (Supp.)
ground damage from aircraft,
causation in wrongful death 10. Maritime Torts 19. Statute and Ordinance
claims, and more. Find recent case Gary Mayes and Violations
discussion, including recognition of a Suzanne L. Montgomery Louis J. Leonatti
cause of action for publicity placing a B. Matthew Struble (Supp.) Jonathan T. Barton (Supp.)
person in a false light, and updated 11. Animal Liability 20. Federal Tort Claims Act
jury instructions. The authors are Terry M. Evans and Richard J. Zalasky
practicing Missouri attorneys who Judith E. Koehler Michael L. Ramsey (Supp.)
give you practical advice and trial Robert G. Kister (Supp.) 21. Federal Employers’ Liability
pointers and discuss evidentiary and Act, Jones Act, and
proof issues. 12. Premises Liability
James J. Virtel and Longshore and Harbor
  The accompanying CD-ROM
includes sample forms to guide you Ann E. Buckley Workers’ Compensation Act
and save you time. For a list of the 13. Wrongful Death C. Marshall Friedman
forms on the CD-ROM, visit our CLE John W. Kurtz
Publications Bookstore at www.mo- 14. Products Liability Details and Price
barcle.org. Mark G. Zellmer and
Christopher A. Smith 2 vols. (3rd ed. 2003) 974 pp.
Contents Fredrick J. Ludwig (Supp.) plus 2010 C. Supp., 204 pp.
1. Overview and Summary 15. Strict Liability
Paul C. Hetterman and Daniel R. Brown $245
Joseph L. Walsh, III Fredrick J. Ludwig (Supp.)

48
 MoBarCLE Publications
Estate Administration
  Estate Administration answers your Contents
most pressing questions about estate
administration. What actions should be 1. Probate Jurisdiction and Venue
filed in the probate division? What ac- Kim S. Summers
tions must be filed in the circuit division? 2. Dispensing With or Terminating
Over which matters is there concurrent Administration
jurisdiction? Which Rules of Civil Proce- Thomas G. Glick
dure apply to probate proceedings and 3. Applications for Letters,
when? What special procedures are Qualifications of
available to handle a small or simple Representatives, and Bonds
estate? What rights do a surviving
Evelyn Gwin Mangan
spouse and children have in the estate?
What are the personal representative`s

4. Initial Responsibilities of the
Personal Representative New Full-Text
responsibilities? When can the personal
representative be held liable for actions Charles E. Taylor and
Edition CD-ROM
taken and decisions made regarding John R. Gunn
the estate? What if the decedent left a 5. Collection and Management of
business that needs to be taken care of? Assets
16. Civil Commitment Under the
What rights do the decedent`s creditors Kathleen A. Forsyth and
Mental Health, Substance
have? What is the procedure for filing a S. Margene Burnett
claim? In what order of priority should Abuse, and Sexually Violent
6. Sales, Mortgages, Leases, and
the decedent`s debts be paid? What if Predator Laws
Exchanges
the decedent has property in more than Daniel P. Wheeler
Bennett S. Keller, Scott H. Malin,
one state? What is done differently in an 17. Will Contests
and Brooke R. Perlyn
independent administration? Who may Thomas L. Lasley
7. Claims Against the Estate,
contest a will or nonprobate transfer and 18. Construction and Interpretation
Survival of Actions, and
on what grounds, and what are the pro- of Wills and Trusts
Wrongful Death
cedures? What about a claim for tortious Katherine J. Bailes and
interference with an inheritance expec- Vanita R. Massey
Nicole R. Piskuric
tancy? What rules of construction apply 8. Exempt Property, Family
19. Contested Claims
to wills? How are ambiguities resolved? Allowance, Homestead, and
Kent W. Minton
What if a client has been cheated out of Election to Take Against the Will
20. Discovery of Assets
an inheritance but doesn`t find out until Mary S. Shafer
Rebbecca Lake Wood
after all the time limits for challenging the 9. Settlements, Distribution, and
21. Actions Under the Nonprobate
probate administration have expired? Discharge
What is a standby guardian? Transfers Law—Chapter 461
Brian E. Hamburg
  Find practical advice about the begin- Clifford S. Brown
10. Establishing Fact of Death and
ning of the probate process, such as 22. Objections to Final Settlement
Fact of Simultaneous Death
time limits, things that must be included of Fiduciary
Jennifer K. Huckfeldt
in the applications for letters, and how David E. Elliott
11. Multi-State Administration and
to obtain a will from a safe deposit box. 23. Duties and Liability of Estate
Alien-Oriented Probate Law
Find sections on removal of a personal Fiduciaries
David G. Watkins,
representative, contempt (including Robert J. Selsor and
the possibility that the attorney may be Charles F. Jensen, and
Elizabeth Halaz
found in contempt), proceedings before Samuel Wilkerson
24. Actions for Fraud Under the
probate commissioners, and interpreta- 12. Independent Administration
Probate Code
tion and construction of trusts under the Buford L. Farrington and
Karen E. Hajicek
MUTC. Find chapters on guardianship Scott R. Manuel
25. Litigation Settlements in
and conservatorship of incapacitated 13. Guardianship of Incapacitated
Probate Matters
persons and of minors. Persons
  This companion volume to Trusts, Dan C. Sturdevant
Ann F. Snitzer
Powers of Attorney, Custodianships, and 14. Conservatorship of Disabled Details and Price
Nonprobate Matters and Estate Planning Persons
provides essential assistance to attor- Thomas G. Glick and 2 vols. (5th ed. 2010), 1,043 pp.
neys through the estate administration Bart B. Zuckerman
process. A full-text, searchable CD-ROM
15. Guardianships and $245
that also contains the sample forms is
Conservatorships of Minors
included with the book.
Paul K. Parkinson
49
 MoBarCLE Publications
Estate Planning
  Estate Planning is a practical, indispens- 3. Drafting the Basic Will and
able deskbook for those attorneys practicing Trust
estate planning—and especially for those
who don`t practice it regularly. This two- Emily J. Kembell
volume set is a companion to Trusts, Powers 4. Drafting a Marital Deduction
of Attorney, Custodianships, and Nonprobate Will and a Marital Deduction
Matters and Estate Administration and in- Trust
cludes several chapters on specific planning
and drafting issues as shown in the table of
Mary Nan Dupont and
contents below. The experienced and knowl- Edward A. Setzler
edgeable authors provide a wide range of 5. Planning for Minors, Elderly,
coverage, from handling a modest estate to and Disabled Persons
the ins and outs of family businesses.
  The book includes practice tips, check-
Julie A. Berkowitz and Full-Text
Christine A. Gilsinan
lists, and techniques as well as nearly 50
sample forms—many with comments and 6. Planning and Techniques for CD-ROM
annotations—that can be adapted to a Making Gifts
client`s specific needs. Get practical advice Bhavik R. Patel
on understanding and relating to clients,
ethical considerations—what they are and
7. Charitable Contribution
what to do about them, preparation and Techniques and Planning
safekeeping of documents—even ideas for Scot W. Boulton
what paper to use, advantages and disad- 8. Forms of Property Ownership 14. Antenuptial and Postnuptial
vantages of joint tenancy, and how and when Edgar T. Farmer Agreements
to find a trust. Find information on special
9. Estate Planning for Family Bhavik R. Patel
needs trusts, disclaimer trusts, dynasty
trusts, and incentive trusts; IRS treatment of Business Owners 15. Planning With Qualified
family limited partnerships and LLCs; what Gayle Evans Plans and Individual
to do with life insurance; and planning for 10. Drafting Family Limited Retirement Accounts
retirement benefits. Partnerships and Family Gayle Evans
  A full-text, searchable CD-ROM that also Limited Liability Companies
contains the sample forms is included with 16. Funding Revocable Living
Gary A. Powell
the book. Trusts
  For a list of the forms on the CD-ROM, 11. Drafting Business Purchase
and Restrictive Transfer Mary Ellen Simmons
visit our online CLE Publications Bookstore
at www.mobarcle.org. Agreements (“Buy/Sell
Agreements”)
Contents Orren S. Adams and
Adam W. Randle Details and Price
1. The Client Planning 12. Planning Opportunities With
Conference Life Insurance 2 vols. (3rd ed. 2009) 1,267 pp.
Michael P. Gunn Volunteers and Staff
2. Planning, Preparation, and 13. Miscellaneous Estate
Execution of Wills and Trusts Planning Techniques $245
Stephen F. Aton Thomas D. Peebles, Jr.

Trusts and Estate Series

• Estate Administration
• Estate Planning
• Trusts, Powers of Attorney, Custodianships, and Nonprobate Matters
Purchase all three for $585!
A $150 savings!
Call 1-888-253-6013
50
 MoBarCLE Publications
Trusts, Powers of Attorney, Custodianships, and Nonprobate Matters
  The lengthy title of this well-written
and thorough two-volume set reflects
the breadth of coverage of this important
publication as detailed in the table of
contents below. Along with its detailed
treatment of trusts, powers of attorney,
and medical directives, this definitive
work may be the most authoritative
resource on the Missouri Transfers
to Minors Law, the Missouri Personal
Custodian Law, and the Nonprobate
Transfers Law of Missouri. This second
edition of Trusts, Powers of Attorney,
Custodianships, and Nonprobate Mat-
ters was prompted by statutory changes
in probate and trust law, including the
adoption and update of the Missouri Uni-
form Trust Code. This edition includes
discussion of changes through the 2006
legislative session, and the supplement
includes 2009 changes.
  Learn the requirements for a valid
trust and the 5 methods for creating an
express trust. Learn who is qualified
to be a trustee and who shouldn’t be
a trustee. Learn what the powers and
duties of a trustee are and whether at-
torney fees and costs can be awarded in
a trust administration proceeding. Learn
the rules for allocating trust receipts
and the statute of limitations on a trust
contest. Learn the distinction between a
durable power of attorney for asset and
financial management and a durable
power of attorney for health care.
  Get answers to your most pressing
questions: What is the Rule against
Perpetuities, and does it matter? What
is a Totten trust? What are the 18 nega-
tive duties of a trustee? Is the Missouri
Uniform Trust Code retroactive? What
is an in terrorem clause? When is
specific informed consent to medical
treatment required, and what are the 4
exceptions? What are the 3 elements
for an undue influence action to contest
a trust, and who are the necessary and
indispensable parties?
  This publication is filled with practice
suggestions; includes checklists, charts,
lists of other resources, and dozens of
sample forms (over 300 pages); and
comes with a full-text, fully searchable
CD-ROM that was updated for the 2010
Supplement. And the 2010 Supplement
includes new sections on the role and
liability of a trust protector and practi-
cal tips for trust administration. This
second edition continues MoBarCLE’s
Trusts and Estates Series, which also
includes Estate Administration and
Estate Planning.
  For a list of the forms available on the
2010 Full-Text
Supplement CD-ROM
CD-ROM, visit our online CLE Publica-
tions Bookstore at www.mobarcle.org.
Contents
1. Creation of an Express Trust
Elizabeth E. Parrigin 9. Advance Medical Directives:
Casper Scott Yost (Supp.) Durable Powers of Attorney for
2. Qualifications, Appointment, Health Care, Living Wills, and
Succession, and Bonds of Other Declarations of Intent
Trustees Vanita R. Massey
Jay E. Harker, James J. Seeley, 10. Medical Treatment: Informed
and James B. Behrens Consent and Right to Refuse
Joseph P. O’Keefe and Sheryl Feutz-Harter
Elizabeth C. Hesselbach (Supp.) 11. Missouri Transfers to Minors
3. Trust Administration Law
Michael E. Magliari and Susan Baker Teson
Colleen M. Donohue 12. Missouri Personal Custodian
4. Allocation of Trust Principal Law
and Income S. Margene Burnett and
Ace Rowley Julie Haverly
5. Modification, Termination, and 13. Missouri Nonprobate Transfers
Revocation of Trusts Law
Lynn A. Miller Andrea Jackson and
6. Trust Contests Christine A. Gilsinan
Clifford S. Brown and
Douglas D. Lee
Emily J. Kembell (Supp.)
7. Trust Construction and Details and Price
Interpretation
Eric B. Tanner 2 vols. (2nd ed. 2006) 953 pp.
Jason D. Simmons (Supp.) plus 2010 Supp., 47 pp.
8. Durable Power of Attorney for
Asset and Financial
Management
$245
Michael C. Stoffregen
51
 MoBarCLE Publications
Workers’ Compensation Law
  Workers’ compensation in Missouri Contents
is a continually developing area of
the law. This third edition of Missouri 1. History, Administration, and
Workers’ Compensation Law is an Jurisdiction
easy-to-use reference that includes Patrick J. Platter
practical considerations and helpful 2. The Employment Relationship
features for attorneys handling work- C. Michelle Coleman
ers’ compensation cases. And the Nasreen Esmail (Supp.)
third edition includes two new chap- 3. The Second Injury Fund
ters: “Costs, Penalties, and Attorney Kevin H. Dunaway and
Fees” and “Criminal Aspects.” Melodie A. Powell
  The passage of major legislation 4. Injury and Accident Forms on
in 2005 led to many changes. The
2008 cumulative supplement covers
James B. Kennedy
5. Occupational Disease CD-ROM
those changes, their application by the
Deborah L. Hellmann
courts and the LIRC, and the continu-
Victorine R. Mahon (Supp.)
ing development of the law. New sec-
6. Arising Out of and In the 13. Choice of Jurisdiction
tions in the 2008 supplement include
jurisdiction of the Division, practices Course of Employment William E. Paasch and
and procedures of the Division and the William D. Powell Matthew J. Stretz
LIRC, unlawful acts and penalties for 7. Benefits 14. Liens and Offsets
failure to insure, religious exception, Chris T. Archer Jerry Kenter
liberal vs. strict construction, medical Robert J. Dierkes and 15. Insurance, Insurance Pricing,
bills and fee disputes, notice to be Nasreen Esmail (Supp.) and Insurance Regulation
given to employer, direct examina- 8. Specialized Losses Brian N. Brown and
tion of claimant’s testifying physician Charles W. Bobinette and Nasreen Esmail (Supp.)
(including sample questions), Kansas Thomas Clinkenbeard 16. Costs, Penalties, and
and Illinois workers’ compensation 9. Procedure and Proceedings Attorney Fees
reform, Missouri Private Sector Indi- Rex R. Redhair and Kathleen M. Hart and
vidual Self-Insurers Guaranty Corpo- Bart E. Eisfelder Matthew D. Vacca
ration, trial issues, and more. Michelle Daum Haskins and 17. Criminal Aspects
  The comprehensive, two-volume Christopher D. Werner (Supp.) David F. Barrett
book includes sample forms on CD- 10. Third-Party Practice and Lacy M. Fields (Supp.)
ROM. It is an important component of Subrogation
the library of the general practitioner William W. Francis, Jr.
as well as the seasoned workers’
11. Systems and Procedures of
compensation attorney.
Counsel for the Employee
  For a list of the forms on the CD-
Robert E. Ballman Details and Price
ROM, visit our online CLE Publications
12. Answering the Claim for
Bookstore at www.mobarcle.org. Compensation: Completion 2 vols. (3rd ed. 2004) 683 pp.
and Investigation plus 2008 C. Supp., 214 pp.
William J. Glaser and
Benjamin A. Shelledy $245

52
 MoBarCLE Publications
General Information
The Missouri Bar Continuing Legal Education

President: John S. Johnston, Kansas City

Executive Director: Keith A. Birkes
Deputy Executive Director: Sebrina A. Barrett
CLE Publications Director: Kent R. Hopper
Director of CLE Programs: Delores L. Shepherd
CLE Programs Attorney: R. Lucas Boling
CLE Publications Editor: Karen J. Brendel
CLE Publications Editor: Lura A. McAllister
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T. Jack Challis, Chair
Clifford S. Brown, Vice Chair
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Members

Erik A. Bergmanis
Michael G. Berry
T. Bennett Burkemper, Jr.
Daniel P. Card, II
Nimrod T. Chapel, Jr.
Penny J. Curtis
Keith A. Cutler
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Gwendelyn Garcia
Thomas G. Glick
Tina M. Crow Halcomb
Gregory F. Hoffmann
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53
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