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Administrative Law

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

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Civil Procedure
Civil Trial Practice
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Condemnation Practice
Construction Law

2010
Contracts
Corporate Organization and Operation
Creditors’ Remedies
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Catalog
Damages
Discovery
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Employer-Employee Law
Employment Discrimination
Environmental Law
Estate Administration
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Evidence
Evidence Guide
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Juvenile Law
Litigation Settlements
Local Government Law
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Professional Liability
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Taxation Law and Practice 49 Years of Excellence
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Workers’ Compensation Law
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MoBarCLE Publications

Books about Missouri law written by Missouri lawyers.


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

General Information....................................................... 52–53


Electronic Publications Information......................................54
Order Forms................................................................. 28–29
Volunteer Form.....................................................................30
2009 Volunteers...................................................................27

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MoBarCLE Publications
Administrative Law
  In 1994, the Supreme Court of 5. Evidence and Burden of Proof
Missouri noted that “administrative Harvey M. Tettlebaum and
law is an increasingly important Amanda Bartlett Mook
area of practice in Missouri.” Weber Mary S. Erickson (Supp.)
v. Firemen’s Ret. Sys., 872 S.W.2d 6. Practice and Procedure
477, 478 (Mo. banc 1994). Whether Before the Administrative
you regularly practice in this area Hearing Commission
or, like many other attorneys, are Daniel R.E. Jordan and
unfamiliar with all the rules and James B. Deutsch
regulations but find yourself facing 7. Extraordinary Writs
Paul H. Gardner
administrative law issues with in-
creasing frequency, this deskbook
8. Attorney Fees Forms on
will provide valuable assistance.
Robert C. Cook and
William J. Bryan, IV
CD-ROM
  The 2-volume set covers a broad
9. Missouri Open Meetings/
range of topics, from immigration Open Records Law
practice to education law to prac- (Sunshine Law)
tice before various state agencies. James H. Klahr
It includes forms and a forms disk; 10. Professional Licensing 19. Education Law
new chapters on Education Law, Audrey Hanson McIntosh Keith R. Powell and
the Department of Social Services, 11. Personnel Hearings Before Kristen K. Morrow
and the Gaming Commission; Administrative Hearing Kelli Hopkins (Supp.)
practice pointers; agency contact Agencies 20. Gaming Commission
information; procedural guidelines; Paul R. Otto Kurt P. Valentine
and more. 12. Public Service Commission 21. Agency Summaries
  For a list of the forms available William R. England, III and Jane A. Rackers
on the disk, visit our online CLE Paul A. Boudreau 22. Federal Procedure and
Publications Bookstore at www. 13. Intrastate Transportation by Review
mobarcle.org. 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
Contents 15. Department of Revenue
Department of Revenue Staff
1. Introduction
16. Employment Security Law
Kent L. Brown
Ninion S. Riley
2. Administrative Rules and
17. Administrative Procedures
Rulemaking
Under Civil Rights Laws
Gary W. Duffy Details and Price
Sandra L. Schermerhorn and
3. Agency Adjudication—
James M. Paul
Contested and 2 vols. (3rd ed. 2000) 1,019 pp.
18. Department of Social
Noncontested Cases plus 2003 Supp., 152 pp.
Services
John D. Landwehr,
Department of Social
Lowell D. Pearson, and $225
Services Staff
Kent L. Brown
Department of Health and
4. Judicial Review
  Senior Services Staff (Supp.)
Paul M. Spinden

4
MoBarCLE Publications
Adoption Law and Practice
  Adoption Law and Practice is an the rights of putative or unknown
expanded and updated version of fathers. The supplement also
chapters previously included in Mo- includes new information about the
BarCLE’s Family Law and Juvenile Hague Convention on Intercountry
Law deskbooks. The stand-alone Adoption, which has significantly
deskbook incorporates the latest changed the way international
caselaw and statutory changes to adoptions are handled. The forms
the Adoption Code. While adoptions CD-ROM includes more than 30
are often uncontested, the authors sample forms: worksheets, petitions,
identify problem areas to watch for consents, decrees, and more! Order
and offer practical guidance for navi- yours today!
gating trouble spots to ensure the
finality of the adoption decree.
  Learn how to properly serve Forms on
process on all necessary parties,
known or unknown. Learn who can CD-ROM
Contents
intervene in an adoption proceeding.
Learn the requirements for a valid 1. Introduction
consent and in what circumstances Martin Schiff, Jr. and
consent can be revoked. Find out Timothy B. Brassil
what subsidies and tax credits are
available to adopting families and 2. Practice and Procedure
the importance of complying with the Details and Price
Martin Schiff, Jr. and
UCCJA, the Indian Child Welfare Act, Timothy B. Brassil (2004) 166 pp. plus 2008 Supp.,
and the Interstate Compact on the
23 pp.
Placement of Children. Whether you 3. Equitable Adoption
are a seasoned adoption attorney Martin Schiff, Jr. and
or new to the field, this deskbook $125
Timothy B. Brassil
is full of valuable resources to
sharpen your knowledge of the
4. International Adoption
law and reduce the amount of
Rodolfo Rivera
time you spend drafting all of the
necessary documents. The 2008
5. Forms
supplement includes discussions
Martin Schiff, Jr.,
of the overlap between adoption
proceedings and termination of Timothy B. Brassil, and
parental rights proceedings and Rodolfo Rivera

You’ll be satisfied with our books . . . we guarantee it.


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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.

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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

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MoBarCLE Publications
Bankruptcy Practice
  This 2-volume set is critical for fully searchable CD-ROM that also
attorneys who practice bankruptcy includes the sample forms in word-
law, especially those who do not processing format. For a list of the
practice it exclusively, and for those forms on the CD-ROM, visit our online
who practice in areas where bank- CLE Publications Bookstore at www.
ruptcy issues can arise, including mobarcle.org.
creditors’ and debtors’ counsel. The
authors include judges, professors, Contents
trustees, and practicing attorneys. 1. Overview of Title 11
You’ll find discussion of the BAPCPA, Charles E. “Sketch” Rendlen, III
practice notes and tips, charts, check- 2. Jurisdiction, Procedure,
lists, examples, and sample forms.
  The book begins with a helpful over-
Appeals, and Related Matters
Steven N. Cousins and
Full-Text
view chapter that covers such issues as Susan K. Ehlers CD-ROM
reasons to consider bankruptcy, which 3. Property of the Estate
type to choose, finding the courthouse, Ronald S. Weiss and
fee schedules, and resource materials. Max Jevinsky
The second chapter covers jurisdic- 4. Discharge and Dischargeability 14. Executory Contracts and
tion, venue, procedure, appeals, and Seth A. Albin, Brian W. Hockett, Unexpired Leases
other matters. Learn what property   and Gwendolyn Froeschner Hart Gregory D. Willard,
is property of the bankruptcy estate, 5. Stays Mark G. Stingley, David M. Unseth,
which property is specifically included, A. Thomas DeWoskin and and Michelle M. Masoner
which is exempted or excepted, and Teresa A. Generous 15. Employment of Professionals
which property there is a question 6. Avoiding Powers Gary D. Barnes and
about. Find coverage of discharge, Cassandra L. Writz, Arthur B. Federman
dischargeability of debts, reaffirma- Cynthia Dillard Parres, and 16. Tax Issues Arising in
tion agreements, and enforceability of Lee J. Viorel, III Bankruptcy
liens following discharge. Learn about 7. Chapter 7 Bankruptcies Michelle Arnopol Cecil
stays on creditor actions, including Charles W. Riske, 17. An Overview of Bankruptcy
automatic stays and exclusions from Kevin Checkett, and Litigation
automatic stays, the duration of stays, Kathy A. Surratt-States Jerry W. Venters
how to get relief from stays, and ef- 8. Chapter 11 Case Administration 18. The United States Trustee
fects of violations of stays. Find out Scott J. Goldstein, Lisa A. Epps, Program
about the trustee’s avoidance powers   Joel Pelofsky, and Charles E. “Sketch” Rendlen, III
toward preferential transfers. Learn David A. Warfield 19. Bankruptcy Filing—Electronic
the priorities of claims and about cram 9. Confirmation and Cram Down Case Filing
down. Compare Chapter 7, 11, 12, of Chapter 11 Plans Dana C. McWay,
and 13 bankruptcies—what they are, David A. Lander, Sandra F. Louis,
how they differ, when they apply— Cynthia F. Grimes, Paula C. Acconcia, and
and learn about the right of conver- Jennifer A. Merlo, Dennis R. Dow, Roberta Kostrow
sion. Find chapters on involuntary and Laurence M. Frazen
bankruptcies, secured claims, execu- 10. Chapter 12 Bankruptcies
tory contracts and unexpired leases, Joel Pelofsky and Details and Price
employment of professionals, and Paul H. Berens
the United States Trustee Program. 11. Chapter 13 Bankruptcies 2 vols. (2nd ed. 2007) 1,040 pp.
  This edition also includes new Volunteers and Staff
chapters on tax issues in bankruptcy, 12. Involuntary Bankruptcies
litigation in bankruptcy, and elec-
$245
Wendi S. Alper-Pressman and
tronic case filing—covering everything Jerald S. Enslein
from logins and passwords to menu op- 13. Secured Claims in Bankruptcy
tions to how to contact the help desk. Cases
And the book comes with a full-text, Abigail B. Willie
7
MoBarCLE Publications
Business Transitions Full-Text
  The first book published in the MoBar CLE’s
Business and Corporate Law Series, Missouri

3. Estate Planning Aspects
Kimberly S. Zellmer
CD-ROM
Business Transitions guides the practitioner
through the changes in the life of a business. Christine H. DeMarea (Supp.)
This book will help you help your clients reach 4. Corporate Law Aspects of 2009
their goals. The authors explain tax consider- Voluntary Dissolutions and Supplement
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 Full-Text
Operation provides practical direction
through the potential pitfalls of setting up
and Bylaws CD-ROM
Peter Mirakian, III
and operating a corporation. This book 3. Tax Considerations of
equips the practitioner to handle tax, fi- 2009
Organizing a Corporation
nancing, and control issues and to advise Supplement
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
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MoBarCLE Publications
Specialized Business Entities
  Missouri Specialized Business also includes sample forms and
Entities navigates the alphabet checklists. For a list of the forms on
soup of business entities: the CD-ROM, visit our online CLE
S corporations, C corporations, Publications Bookstore at www.
PCs, LLCs, LPs, LLPs, LLLPs, and mobarcle.org.
others. Learn the attributes of these
and other entities and when each Contents
is advisable for you or your client.
This publication explains the differ- 1. Selection of a Business Entity
ences in tax treatment and liability Benjamin H. Hulsey and
and even provides estate planning Thomas E. Proost
and business valuation guidance. It 2. Nonprofit Corporations
2009 Full-Text
Supplement CD-ROM
discusses the legal, tax, business, James R. Dankenbring and
and management considerations James R. Loranger
you need to weigh. 3. Professional Corporations
Joseph P. Giljum
  You’ll learn the 10 instances when
4. Partnerships
the transfers of shares of a Missouri 9. Special Purpose Entities
Guy A. Schmitz and
SCC are not subject to a right of Richard W. Engel, Jr. and
Larry K. Harris
first refusal, the 5 items that must Bruce D. LeMoine
Joseph D. Demko (Supp.)
be listed on a certificate of limited 10. Planning Employee Benefits
5. Limited Liability Companies
partnership, and the 2 major types of Thomas R. Brous and
James M. Selle and
tests to be applied when considering Philip C. McKnight
William F. Koenigsdorf
a request for substantive consoli- Thomas R. Dowling (Supp.)
6. Limited Liability Partnerships
dation of related entities. You’ll be Philip N. Krause
guided through the formation of a 7. Statutory Close Corporations
nonprofit corporation and discover James R. Dankenbring and
whether Missouri law requires an James R. Loranger Detail and Price
LLP engaging in the business of pro- 8. Estate Planning for (2006) 527 pp.
viding professional services to carry Shareholders of Closely Held plus 2009 Supp., 53 pp.
malpractice liability insurance. Corporations
  The book includes a full-text, Lawrence Brody and
Dave Cornfeld
$195
fully searchable CD-ROM that

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• Corporate Organization and
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• Specialized Business Entities

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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   Missouri Commercial Law is a
comprehensive, well-organized practical guide for Missouri attorneys.
coverage of the topics listed in It includes practice suggestions,
the table of contents below. If you lists, charts, references to other
represent buyers of goods, sellers of resources, and sample documents.
goods, or banks, or face the issues And the book comes with a full-text,
listed below, you should own this fully searchable CD-ROM.
new deskbook.
  Learn about the remedies and Contents
warranties involved in a sale-
of-goods transaction and about 1. Remedies and Warranties
merchantability, puffing, anticipatory

Under UCC Article 2
Clark H. Cole and
Full-Text
repudiation, liquidated damages,
and specific performance. Find the Jeffrey L. Schultz CD-ROM
requirements and categories of 2. UCC Article 3—Negotiable
negotiable instruments and determine Instruments
the rights and status of holders, Thomas J. Niemann and
defenses, and the liability of parties. John W. Rourke
Learn the rights and responsibilities 3. UCC Article 4—Bank
Deposits and Collections Details and Price
of banks in transactions, look at
a sample transaction, find a list of Mark Hargrave
(2007) 468 pp.
warranties, and find coverage of 4. Check 21
customer issues such as overdrafts, Kristin E. Weinberg
5. Distributor, License, and $195
stop-payment orders, forgery, etc.
Find out about Check 21 and the Franchise Actions
requirements of electronic check Dennis D. Palmer
processing. Get a jump start on your 6. Missouri Antitrust Actions:
research on franchise, licensing, An Overview
and distributorship issues. Find lists Glenn E. Davis,
of the factors courts consider in Deanna M. Wendler Modde,
antitrust actions. Learn the elements and Brent M. Covington
of state and federal securities fraud 7. Securities Fraud Litigation
actions. Get the elements, causes Patrick T. Morgan
of action, and jury instructions in 8. Bailments and Negligent
bailment and negligent entrustment Entrustment
cases. David V. Kenner

12
MoBarCLE Publications
Condemnation Practice
  Missouri overhauled its condemna- Whether you are representing a prop-
tion statutory scheme in 2006. This erty owner, a condemning authority,
deskbook covers those statutory a commissioner, or are appointed
changes and the resulting caselaw GAL for unknown parties, this book
and MAI changes. Practicing without is an indispensable resource. A full-
knowledge of these changes could text, searchable CD-ROM that also
result in serious mistakes. This book contains the sample forms is included
provides comprehensive, step-by- with the book.
step coverage of condemnation
practice. It was written by Missouri
attorneys who share their experi- Contents
ence, expertise, and practical advice
1. Overview—Source of Power
through the deskbook.
  Learn the four stages of a condem- and Missouri Condemnation New Full-Text
nation proceeding and the sources Procedure Edition CD-ROM
and limitations of condemnation Gregory F. Hoffmann and
power. Learn the procedure of a Susan G. Crigler
condemnation proceeding and the 2. Necessary Parties and
requirements for a finding of blight. Rights Acquired
Learn the requirements, tactics, and Jason D. Saey, Pamela J.
procedures for a commissioners’ Meanes, and Brian C. Stone
hearing. Get answers to your most 3. Condemnation Hearing and 9. Valuation
important questions. What are the Challenging the Right to Jerome Wallach, Robert Denlow,
implications of Kelo and Missouri’s re- Condemn JoAnn Tracy Sandifer, and
sponse? When can property be taken Gerard T. Carmody, Derek A. Philip E. Morgan, Jr.
for economic development? Who are Ward, and Timothy F. McCurdy 10. Federal Condemnation
the necessary parties, and what are 4. Commissioners’ Hearing and Procedure
their rights? What is the effect when
Report Gregory F. Hoffmann and
property is sold after it is condemned?
R.B. Regan and David L. Rein, Jr.
What are the four prerequisites to
Stanley J. Wallach 11. Inverse Condemnation
establish jurisdiction for an order of
condemnation? What are a condem-
5. Abandonment or Payment of Paul G. Henry and
nor’s four basic choices after the com- Award, Right to Possession, John W. Koenig, Jr.
missioners’ report is filed? How and and Relocation Assistance 12. Forms Appendix
when is a property valued? What is Paul G. Henry and Paul G. Henry and
the effect of heritage and homestead Jason D. Saey Jason D. Saey
value? What damages are available? 6. Distribution of
What is the maximum injury rule? Commissioners’ Award
When does a party file exceptions? Michael L. Jackson, Sarah E.
What relocation assistance is avail- Giboney, and Paul G. Henry
able? How and to whom is an award 7. Federal Income Tax
distributed? What are the federal tax Considerations Details and Price
implications? What are the property Donald S. Singer and
owner’s rights if the condemnation is David L. Rein, Jr. (4rh ed. 2009) 489 pp.
abandoned? 8. Litigating the Exceptions Case:
  This deskbook includes separate Pretrial Discovery and Trial
chapters on inverse condemnation Stanley J. Wallach and $195
and federal condemnation. There is R.B. Regan
even a forms appendix of over 120
pages with over 70 sample forms.

13
MoBarCLE Publications
Construction Law
  The unique and technical charac- 7. Environmental Issues
ter of the construction industry and Rudolf H. Beese
the law surrounding it create com- 8. Change, Time, and
plex considerations and problems for Termination
owners, contractors, design profes- Matthew R. Hale
sionals, and the attorneys who rep- 9. Missouri Mechanic’s Liens
resent them. In this deskbook, promi- and Other Construction
nent and experienced construction Liens
law attorneys provide practical and Robert J. Guinness
comprehensive guidance for the dif- 10. Performance, Payment, and
ficult issues that arise before, during, Bid Bonds
and after the construction process
on topics ranging from bidding to
Bernard L. Balkin and
Keith Witten
2009 Forms on
bonds to employment issues. Marc 11. Liability of Design Supplement CD-ROM
T. Richardson served as the chair of Professionals
this successful second edition. Kenneth A. Slavens
12. Contractor Delay, Disruption
Claims, and Damages
Contents Rod L. Eisenhauer and
1. Construction Contracts: Duane J. Fox
Risk-Shifting Devices Gregory S. Gerstner
(Supp.) Details and Price
Richard A. Stockenberg
William S. Thomas, 13. Dispute Avoidance and
2 vols. (2nd ed. 2004) 966 pp.
Derek P. Ruzicka, and Alternative Dispute plus 2009 Supp., 165 pp.
Katrina L. Smeltzer (Supp.) Resolution
Samuel M. Wendt
2. Bidding—Federal and State
Fredrick J. Ludwig (Supp.)
$245
Procurements
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
6. Building Regulations
Thomas J. Niemann,
Bernard A. Reinert, and
John W. Rourke
Benjamin J. Hegvik (Supp.)

14
MoBarCLE Publications
Contracts
  Missouri Contracts is a compre- Contents
hensive resource on contract law
in Missouri. It provides answers to 1. Formation
your most pressing questions. What James F. Freeman, III and
are the requirements for a valid Allen G. Jones
contract? What are the elements of 2. Interpretation and
breach of contract? What are the Construction
defenses to breach of contract? Bradford B. Lear and
What are the nuts and bolts of liti- Todd C. Werts
gating a breach of contract claim? 3. Enforcement
Mark P. Jones
When must a contract be in writing?
How do you measure damages 4. Remedies Full-Text
for breach of contract? When can

Thomas J. Niemann and
John W. Rourke
CD-ROM
specific performance be required?
How have courts handled the is- 5. Third-Party Rights
sues that arise in third-party ben- Peter H. Love
eficiary contracts? Can a contract 6. Quasi-Contracts
right or obligation be assigned to a James E. Meadows
7. Litigating Breach-of-Contract Details and Price
third party, and how is that accom-
plished? What is a quasi-contract, Claims
(2007) 311 pp.
and how have courts handled Thomas K. Riley
quasi-contract issues? What special 8. Special Drafting
Considerations $125
issues should be considered when
drafting construction contracts, real Susan Linden McGreevy
estate contracts, and employment and Paul J. Odum
contracts? Find answers to these
questions and more.
  Missouri Contracts comes with
a full-text, fully searchable CD-
ROM.

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.

15
MoBarCLE Publications
Creditors’ Remedies
  This practical how-to book covers 3. Garnishments
the mechanics of execution, gar- Jerry W. Venters and
nishment, attachment, collections, Robert S. Baran
replevin, and the other creditors’
remedies listed in the table of con- 4. Attachments
tents below. Learn the step-by-step Ronald S. Weiss and
procedure for mechanic’s liens and Tracee L. Stout
the procedural prerequisites—such
as time limits, contents of the notice, 5. Mechanic’s Liens
and contents of the filing—that have Sherman A. Botts
to be met for the lien to be effective.
Find a detailed checklist for replevin, 6. Priorities Among Claims and
including a sample demand letter Liens New Full-Text
and uses of a temporary restraining
order. Get practical advice on filing
Nicholas A. Franke Edition CD-ROM
systems, ledger sheets, and demand 7. Fraudulent Transfers,
letters. Learn how to comply with Receivers, and
the Fair Debt Collection Practices Lis Pendens
Act and what to do if the debtor files Brian K. Asberry
bankruptcy. Find information on the
Missouri UCC and many sample 8. Replevin
forms. A full-text, searchable CD- Kathy A. Surratt-States,
ROM that also contains the sample Robert E. Eggmann, and
forms is included with the book. Anne C. Justice Details and Price

(6th ed. 2009) 391 pp.


Contents 9. Assignment for the Benefit of
Creditors
1. Judgments Mark W. Bartolacci and
$195
Darry Gene Sands Allison E. Graves

2. General Executions 11. Handling Collections


Wendi S. Alper-Pressman David R. Gamache and
Mary K. Mazanec

Order online at
www.mobar.org

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

16
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
17
MoBarCLE Publications
Damages
  More than 50 leading practitioners 8. Preexisting Conditions;
from a wide range of practice areas Future Disease, Defect, and
have contributed to this important Damage; Loss of a Chance
deskbook, which not only discusses James R. Bartimus and
the specifics of evaluating damages Stephen M. Gorny
in many different types of cases 9. Damage to Real Property
but also addresses issues such as Valerie M. Sieverling
punitive damages, apportionment, 10. Environmental Law and
remittitur and additur, and expert Toxic Torts
witnesses. And the 2005 cumulative Edwin L. Noel, Lisa A. Larkin,
supplement reflects 2005 legislative and Krista M. Schwarting
changes.  Laura L. McLaughlin (Supp.)
  No matter what your area of prac- 11. Damages to Personal
tice, you and your clients will benefit Property
from the expertise that will be avail- Brian T. McCartney
able at your fingertips with Missouri 12. Reputational Damages 21. Use of an Expert in Proving
Damages. Joseph E. Martineau and Damages
David B. Helms John D. Wooddell and
Contents 13. Contractual Actions Jeffrey W. Bates
Robert J. Golterman Robert S. Bruer (Supp.)
1. Damages Generally Aaron L. Pawlitz (Supp.) 22. Apportionment of Damages
Sandra J. Wunderlich 14. Loss of Profits Sandra J. Wunderlich
2. Medical, Hospital, and John S. Sandberg 23. Remittitur and Additur
Related Damages 15. Trademark, Copyright, and Barbara Glesner Fines
Frank M. Evans, III Patent Actions Ginger K. Gooch (Supp.)
3. Pain and Suffering Gregory E. Upchurch 24. Special Problems
Mathew W. Placzek Mark E. Books (Supp.) Ronald R. McMillin
Jenifer M. Placzek (Supp.) 16. Statutory Actions for Paul T. Graham (Supp.)
4. Emotional Distress Damages
John K. Sherk, III and George E. Leonard
Micah L. Hobbs Heather A. Suve (Supp.)
Jon A. Strongman (Supp.) 17. Vexatious Refusal to Pay
5. Loss of Earning Capacity Insurance Claims
Mathew W. Placzek Monte P. Clithero Details and Price
Jenifer M. Placzek (Supp.) Julia Sommer Grus (Supp.)
6. Damages Available Upon 18. Wrongful Death 2 vols. (2nd ed. 2001) 852 pp.
Wrongful Termination of Robert F. Ritter, plus 2005 C. Supp., 191 pp.
Employment Stephen R. Woodley, and
Marsha B. Fischer Morry S. Cole $245
7. Consortium and Derivative 19. Punitive Damages
Claims R. Dan Boulware and
James E. Hullverson, Jr. and Todd H. Bartels
Stephen R. Bough 20. Attorney Fees and Interest
H. Kent Desselle (Supp.) Clark H. Cole and
Theresa L. Heitz
Jacqueline Ulin Levey (Supp.)

18
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.)

19
MoBarCLE Publications
DWI Law and Practice
  DWI cases can be complex and Contents
confusing. Missouri DWI Law and
1. Chemical Test Refusal Cases
Practice is the resource you need to
John F. Newsham,
clarify this area of the law and pro-
Elisa K. Robinson, and
vide answers for you and your client.
David L. Naumann
Our authors and reviewers include 2. Client Counseling Issues
attorneys who have prosecuted and Robert W. Miller, Jeffrey R. Dahl,
defended these cases, judges, and and Jill T. Roberts
Department of Revenue staff. They 3. Criminal Ramifications of DWI
discuss the cases, statutes, regula- Rita K. Sanders
tions, procedure, and practice points Paul J. D’Agrosa (Supp.)
involved in handling DWI cases. 4. Civil and Insurance Forms on
  Find out about the criminal, civil,
administrative, and insurance ramifi-
Consequences of DWI
Joseph A. Cambiano, CD-ROM
cations of DWI. Learn about SATOPs, Ben T. Schmitt, and Cullen Cline
ignition interlock devices, Alcohol 5. Overview of Substantive Law
Influence Reports, breathalyzers, Regarding DWI
field sobriety testing, chemical test Rusty Antel
refusal cases, NHTSA, limited driv- 6. Search and Seizure Issues 16. Sentencing Considerations
ing privileges, SR-22s, and much Katharine Shepherd Porter Seth D. Shumaker
more. There are even specific chap- Tina M. Crow Halcomb (Supp.) 17. Appeal Issues
ters on driving under the influence of 7. Experts and the Science of Janet M. Thompson and
drugs, commercial drivers, and boat- Chemical Tests James A. Chenault, III
Daniel T. Moore 18. Multijurisdictional Issues
ing while intoxicated. Included are
Jason T. Umbarger (Supp.) Sarah J. Dobecki and
sample driving records, checklists,
8. Civil Sanctions Elisa K. Robinson
online resources, and sample forms.
James A. Chenault, III 19. Federal DWI Cases
  For a list of the forms on the 9. Abuse and Lose Bradley S. Dede
CD-ROM, visit our online CLE Publi- Timothy R. Cisar 20. Commercial Driver’s License
cations Bookstore at www.mobarcle. 10. Driver’s License Suspension, (CDL) Law
org. Revocation, and Reinstatement Sandra A. Mears
James A. Chenault, III 21. Boating While Intoxicated
11. Understanding the Client’s Cases—Compared to Driving
Driving Record While Intoxicated Cases
Waylene W. Hiles Erik A. Bergmanis
Charles L. Gooch (Supp.) 22. Driving Under the Influence of
12. Considerations in Prosecuting Drugs
DWI Cases Joseph A. Cambiano
Douglas S. Pribble
13. Pre-Trial Considerations
Shane L. Farrow
14. Standardized Field Sobriety Details and Price
Testing and Cross-
Examination of the Arresting (2004) 615 pp. plus 2007 Supp.,
Officer 107 pp.
J. Matthew Guilfoil
15. Jury Trial Considerations $195
Timothy W. Jones
Lawrence E. Wines (Supp.)

20
MoBarCLE Publications
Elder Law
  Elder law is an important and fast-de- rights and on elder abuse and neglect
veloping area of the law. MoBarCLE has that include discussions of remedies,
answered the call for information and penalties, indicators, and protections
sharing of expertise in this area with Mis- available. You will also find chapters to
souri Elder Law. This deskbook provides help you advise your clients on housing
practical advice on managing an elder alternatives and home and community-
law practice and for advising clients based services, including the Missouri
on available options and services. The Aging Information Network (MAIN)
comprehensive chapter on retirement and the Missouri Rx Plan (MoRx).
benefits includes sections on Social   This deskbook contains many lists
Security, railroad retirement, military re- of available resources, including online
tirement, government pensions, ERISA,
deferred compensation, and nonprofits.
resources. Included with the book is
a CD-ROM containing the sample
Forms on
  Learn about the types of trusts avail-
able to help your clients and the benefits
forms in the deskbook. For a list of the
forms on the CD-ROM, visit our online
CD-ROM
and features of those trusts and find a CLE Publications Bookstore at www.
discussion of specific issues concerning mobarcle.org.
d4A trusts in Chapter 3, which was re-
written in 2007. Find a chapter dedicated Contents
to the areas of income tax law that have
1. Managing the Elder Law 10. Appointment of a Guardian
special application to the elderly or that
Practice or Conservator
might be of particular interest to them.
The 2007 supplement to Chapter 5 is William G. Hammond Sheila M. Hayes
very thorough and contains coverage Lois M. Zerrer (Supp.) Debra K. Schuster (Supp.)
of the changes to Medicare, including 2. Retirement Benefits 11. Administration of
Part D prescription drug coverage. Learn Simone A. Haberstock Guardianships and
how to better advise your clients to plan James Francis McCartney (Supp.) Conservatorships
for and pay for long-term care with infor- 3. Using Trusts for Persons Who Martha C. Brown
mation on what costs to plan for, types Are Elderly or Disabled 12. Nursing Home Residents’
of resources available, and an algorithm Craig C. Reaves Rights
for computing the cost of long-term care. 4. Income Tax Planning and Bradley M. Herrin
  The 2007 supplement includes a Issues Mary Lou Martin (Supp.)
rewritten Chapter 7 with coverage Lori W. Jones 13. Elder Abuse and Neglect
of chang es in Medica id on the Joseph A. Haverstick (Supp.) David A. McAllister
federal and state levels from the 5. Medicare and Supplemental Karen C. Warren (Supp.)
Deficit Reduction Act of 2005 and Health Insurance 14. Housing Alternatives
the Missouri Health Improvement Barbara J. Gilchrist and John J. Ammann
Act. Find out about MO HealthNet Reginald H. Turnbull 15. Home and Community-Based
2007 and the Ticket to Work Health 6. Planning and Paying for Services
Assurance Program. Find coverage Long-Term Care William R. Keel and
of family rights and responsibilities David P. Sykora
David S. Purcell
that arise in the elder law setting and
7. Medicaid in Missouri
ethical issues that attorneys need to
Julie A. Berkowitz
consider when working in this area.
  Chapter 9 was also rewritten for 2007
8. Family Rights and Details and Price
and covers durable powers of attorney— Responsibilities
including durable powers of attorney for Lori L. Daly, Bruce E. Friedman, (2002) 545 pp. plus 2007 C. Supp.,
health care, living wills, and health care C. David Whipple, and 296 pp.
directives. The deskbook also includes Vincent K. Bates
chapters that walk you through the Barbara E. Hecht and
David W. Whipple (Supp.)
$195
process of appointing a guardian or
conservator and of administering a 9. Planning for Incapacity
guardianship or conservatorship. You will Daniel J. Cody
find chapters on nursing home residents’ Janet Nava Bandera (Supp.)

21
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.
Workplace—Drug Testing,
Surveillance, Polygraphs,
and Other Issues
$245
Amy L. Nixon

22
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
Relationship
Megan M. Belcher

23
MoBarCLE Publications
Environmental Law
  This two-volume deskbook is 3. Environmental Compliance
produced through the work and Terry J. Satterlee and
commitment of The Missouri Bar’s Sue M. Honegger
Environmental and Energy Law Thomas J. Grever (Supp.)
4. Civil and Criminal Liability
Committee and covers common
Linda W. Tape, Stacey L. Stater,
and increasingly important issues. Sturla Olsen, Jane H. Schilmoeller,
Learn about community and worker and Robert J. Wagner
right-to-know laws and emergen- David R. Erickson,
cy planning. Find information on L. John Nelson, IV, and
Brownfields redevelopment and Anne M. Carlson (Supp.)
agricultural issues such as CAFOs 5. Impact of Environmental Issues
and anhydrous ammonia handling on Business Transactions
John E. Price
and storage requirements. Get 15. Community and Worker
6. Insurance Coverage for
information on lead-based paints, Environmental Liabilities Right-To-Know Laws
asbestos, PCBs, and pesticides. James T. Price Daniel Bukovac
Learn about compliance—including 7. Air Pollution 16. The National Environmental
inspections, audits, and recordkeep- Steven J. Poplawski, Policy Act
ing and reporting requirements—as Michael C. Ford, Lewis C. Green,
well as civil and criminal liability and Jacqueline M. King, Bruce A. Morrison, and
Scott A. Young, Kathleen G. Henry
private causes of action.
Peter H. Oppenheimer, 17. Noise Pollution
  This book describes the impact of Robert J. Vincze
Robert Van Vorhees,
environmental issues on business— 18. Natural Resources and
Thomas N. FitzGibbon, and
including corporate and real estate Carla A. Wortley Preservation Law
transactions, lender liability, and Brandon W. Neuschafer (Supp.) James H. Arneson and
securities disclosures—and insur- 8. Water Pollution Christiaan D. Horton
ance coverage. This book provides Roger A. Walker and 19. Private Actions for
information on federal and Missouri Aimee Davenport Environmental Property
state agency and administrative law 9. Superfund and the Missouri Damage and Personal Injury
issues, including rulemaking, review, Abandoned or Uncontrolled Joel R. Mosher and
Sites Law David E. Shay
and appeal procedures. This book
Bradley S. Hiles and 20. Brownfields Redevelopment
also discusses waste management, Cathleen S. Bumb Eugene P. Schmittgens, Jr.
CERCLA (Superfund), types of W. C. Blanton, Daryl G. Ward, 21. Agricultural Issues
pollution, conservation and natural and Alison M. Nelson (Supp.) Mark D. Anstoetter and
resources protection, and other mat- 10. Solid Waste Management Kathryn A. Larkins
ters. Get practical tips, tables, and Ellen S. Goldman Justin W. Howard (Supp.)
lists of other resources. The book is 11. Hazardous Waste Management
a valuable resource for every lawyer Richard L. Green
12. Underground Storage Tanks
and is especially essential for law-
David A. Stratmann and
yers facing environmental issues. J. Eric Berry
Contents Nimrod T. Chapel, Jr. and
Dwayne C. Jefferson (Supp.)
1. Introduction Details and Price
13. Toxic Substances
Richard L. Waters and David R. Erickson and 2 vols. (2nd ed. 1998) 902 pp.
JoAnne Levy Kirk F. Marty plus 2007 C. Supp., 377 pp.
David A. Shorr (Supp.) M. Camila Tobón (Supp.)
2. Regulatory Agencies and 14. Asbestos
Administrative Law Issues Dale E. Hermeling $245
David R. Tripp and Frank H. Hackmann (Supp.)
Rebecca D. Bishop

24
MoBarCLE Publications
Evidence
  This fifth edition of Missouri Evi- warrantless searches apply to digi-
dence departs from earlier editions.  tal evidence?  Get the answers to
The book has been completely re- these questions and more. 
written by practicing attorneys and   The book comes with a full-text
judges into a more narrative format CD-ROM
with explanations and overviews of
the law and practical applications of
evidence.  Another innovation with Contents
this edition is that it comes with a 1. Introduction
full-text, fully searchable CD-ROM.  Benjamin Borengasser
  Learn the 4 exceptions to the 2. Relevancy and Admissiblity Full-Text
general rule that the character of John W. Kurtz
a party in a civil action is not ad- 3. Burden of Proof CD-ROM
missible and the 7 exceptions to Stephen H. Ringkamp and
the general rule that evidence of Theresa A. Appelbaum
subsequent remedial measures 4. Substitutes for Proof
is inadmissible in a negligence Joseph W. Wantuck
action. Learn how to preserve an 5. Weight and Sufficiency 14. Privileges
objection for appeal, including how Robert K. Kerr Robert Herman,
to make an offer of proof and the 6. Objections and Rulings on Mary E. Davidson, and
5 exceptions to the requirement to Evidence Jeffrey A. Goldfarb
make an offer of proof. Learn the Paul J. Passanante and 15. Hearsay
Dawn M. Mefford James D. Boggs
4 things to show to overcome the
7. Attendance of Witnesses 16. Hearsay Exceptions
presumption that a child under 10
T. Bennett Burkemper, Jr. James W. Erwin
is incompetent to testify and the 2
8. Competency of Witnesses 17. Opinion Evidence and Expert
situations when a court may refuse Christian L. Faiella Testimony
a criminal the right to testify.  Get 9. Examination of Witnesses Timothy W. Monsees
sample questions and answers Lynn A. Miller 18. Documents
from witness examinations and to 10. Credibility and Impeachment Kenneth E. Siemens and
qualify an expert. Find out about the of Witnesses Benjamin S. Creedy
changes to admissibility of certain Jonathan T. Barton and 19. Other Real and Demonstrative
evidence brought about by the 2005 Stephen Palley Evidence
legislative changes.  11. Character Evidence Keith A. Cutler
  Learn what evidentiary privileges Sandra J. Wunderlich 20. Scientific Evidence
Missouri courts recognize—is there 12. Habit, Custom, Routine Brian S. Franciskato
a GAL privilege?  What are the 4 Practice, Similar Happenings 21. Digital Evidence
requirements for an admission by James R. Wyrsch and Craig Chval
silence? Does Missouri have a dead Stephen G. Mirakian
man’s statute?  What are the 4 ob- 13. Admissibility of Subsequent
stacles to admitting a document into Remedial Measures, Insurance Details and Price
evidence?  What are the 7 criteria for Coverage, Settlements, Plea
Bargains, and Collateral (5th ed. 2006) 568 pp.
laying a proper foundation for admit-
ting an audio recording?  Do Mis- Payment of Medical Expenses
souri courts follow Frye or Daubert?  Eric G. Jensen $195
Why is digital evidence significant
to your litigation strategy?  How do

25
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

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books cover Missouri law, they save you time, make your work easier, and make you
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26
MoBarCLE Publications 2009 Volunteers
The following Missouri Bar members served as volunteer authors, reviewers, or planning committee
members for publications published in 2009. We are grateful for their service to The Missouri Bar.
Orren S. Adams Hon. Kathleen A. Forsyth Scott H. Malin Derek P. Ruzicka
Steven H. Akre Nicholas A. Franke Evelyn Gwin Mangan Jason D. Saey
Wendi S. Alper-Pressman Alan E. Freed Scott M. Mann JoAnn Tracy Sandifer
Brian K. Asberry Dana L. Frese Michael W. Manners Darry Gene Sands
Stephen F. Aton Bruce E. Friedman Scott R. Manuel Geetha Rao Sant
Jennifer G. Bacon David R. Gamache Vanita R. Massey Tim R. Schlesinger
Benicia A. Baker-Livorsi Susan Z. Gamble James M. Matthews Jeff R. Scurlock
Bernard L. Balkin John L. Gegg Molly J. Maurin James M. Selle
Katherine J. Bailes Michael S. Geigerman Mary K. Mazanec Robert J. Selsor
Robert S. Baran Gregory S. Gerstner Michael L. McCann Edward A. Setzler
John P. Barrie Sarah E. Giboney B. Colt McClelland Mary S. Shafer
Mike W. Bartolacci Joseph P. Giljum Timothy F. McCurdy James R. Sharp
Rudolf H. Beese Christine A. Gilsinan J. Kyle McCurry Christen D. Shepherd
Barbara C. Bentrup Karen M. Gleason Philip C. McKnight Gerald M. Sill
Julie A. Berkowitz Thomas G. Glick Duncan W. McQueen Hon. Christine Sill-Rogers
Michael G. Berry Allison E. Graves Pamela J. Meanes Jason D. Simmons
Timothy A. Blackwell Lawrence B. Grebel Stephen F. Meyerkord Mary Ellen Simmons
Beth C. Boggs Margo L. Green Patrick L. Mickey Donald S. Singer
Sherman A. Botts Robert J. Guinness Kent W. Minton William Sitzer
Scot W. Boulton John R. Gunn Peter Mirakian, III Kenneth A. Slavens
David W. Braswell Michael P. Gunn Cary J. Mogerman Katrina L. Smeltzer
Maia Brodie Karen E. Hajicek Lisa G. Moore Ann F. Snitzer
Lawrence Brody Elizabeth Halaz Philip E. Morgan, Jr. Kenton E. Snow
Clifford S. Brown Matthew R. Hale Ryan L. Munro Daniel R. Sokol
John A. Bruegger Brian E. Hamburg Mark D. Murphy Allan F. Stewart
C. Robert Buckley Richard W. Hardy Wade L. Nash Brian C. Stone
Hon. T. Bennett Burkemper, Jr. Larry K. Harris David G. Newkirk Mark L. Stoneman
Hon. S. Margene Burnett Michael T. Harvath Genevieve Nichols Tracee L. Stout
David T. Butsch Joseph A. Haverstick Thomas J. Niemann Dan C. Sturdevant
Michael E. Callahan Benjamin J. Hegvik Jason L. Nonnemaker Adrian P. Sulser
Charles E. Callier, Jr. R. Denise Henning S. Patrick O’Bryan Kim S. Summers
Marian Palma Cardona Paul G. Henry J. Richard Owensby Hon. Kathy A. Surratt-States
Gerard T. Carmody Ben W. Hobert Paul J. Passanante Brenda L. Talent
Hon. Nimrod T. Chapel, Jr. Peter B. Hoffman Bhavik R. Patel Charles E. Taylor
Harry Charles Gregory F. Hoffmann Terri L. Parker Emily Marriott Taylor
Mary E. Coffey Carla G. Holste Hon. Paul K. Parkinson Michael L. Taylor
Dave Cornfeld Michelle S. House-Connaghan Thomas D. Peebles, Jr. Ronald C. Thiewes
Carla R. Counsil Brian T. Howes Brooke R. Perlyn Rhonda C. Thomas
Susan C. Crigler Lester J. Hubble Daniel A. Peterson William S. Thomas
Anne C. Curchin Jennifer K. Huckfeldt Daniel J. Pingelton Elizabeth K. Thompson
Keith A. Cutler Benjamin H. Hulsey Nicole R. Piskuric Kristen V. Toner
Jay M. Dade Carole L. Iles Jill R. Polk Matthew D. Turner
James R. Dankenbring Michael L. Jackson Derek H. Potts Michael J. Van Dyke
Jay A. Daugherty Janelle Jennings-Drummond Gary A. Powell Hon. Jerry W. Venters
Christine H. DeMarea Charles F. Jensen Steven E. Pozaric Joseph S. von Kaenel
Joseph D. Demko Kurtis L. John Thomas E. Proost Jerome Wallach
Robert Denlow Stephanie L. Jones William B. Prugh Stanley J. Wallach
Thomas R. Dowling Anne C. Justice Scott Pulido Derek A. Ward
Edward F. Downey Bennett S. Keller G. William Quatman David G. Watkins
Kathryn L. Dudley James R. Keller Christopher P. Rackers Ronald S. Weiss
Wallace L. Duncan Emily J. Kembell Adam W. Randle Dale A. Werts
Mary Nan Dupont W. Terrence Kilroy R.B. Regan Daniel P. Wheeler
Erik R. Edwards Joseph J. Kodner Paul L. Redfearn Samuel Wilkerson
Robert E. Eggmann John W. Koenig, Jr. James W. Reeves Brandi M. Wilson
David E. Elliott Suzanne M. Rode Kohr David L. Rein, Jr. Susan J. Wirthlin
Richard W. Engel, Jr. Philip N. Krause Ronald S. Ribaudo Keith Witten
Gayle Evans Leon G. Kusnetzky Scott A. Robbins Rebbecca Lake Wood
Lynn M. Ewing, III Harlan J. Kwiatek Anita I. Rodarte James J. Wotruba
Christian L. Faiella David B. Lacks Suzanne M. Rodekohr Kenneth K. Wright
Edgar T. Farmer Robert L. Langdon James P. Rosenbloom B. Joyce Yeager
Buford L. Farrington Thomas L. Lasley John W. Rourke Callan F. Yeoman
John W. Finger James R. Loranger Larry Ruhmann Casper Scott Yost
W. James Foland, Jr. Fredrick J. Ludwig Deborah K. Rush Erin M. Zielinski
Bart B. Zuckerman
27
28
29
Join In—Sign Up
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MoBarCLE Programs: MoBarCLE Publications:
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30
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 2009 Forms on
and criminal liability; property and
taxation; parentage and reproduc-
Carla G. Holste
11. The Family Support Division Supplement 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

31
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

32
MoBarCLE Publications
Insurance Practice
  Insurance questions are inevi- Contents
table 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
3. Personal Insurance
language interpretation, the rights
and responsibilities of both the in- Stephen R. Gleason and Forms on
sured and the insurance company,
vexatious refusal to pay actions, and
Carolyn H. Kerr
4. Homeowners and Fire CD-ROM
much more. Insurance Policies
  Whether your client is an insur- Theresa Shean Hall
ance company, an individual with 5. Personal Automobile Policy: 11. Surety Bonds
questions about a homeowners Bodily Injury Liability and Charles R. Leick
policy, or a business facing directors’ Property Damage Liability 12. Title Insurance
and officers’ liability issues, you will Coverages Thomas C. Conroy, Editor
find helpful guidance in Missouri J. William Turley 13. Actions on Policies
Insurance Practice. 6. Protection Against Dale L. Davis and
  For a list of the forms on CD-ROM, Uninsured and Underinsured Robert D. Lewis
visit our CLE Publications Bookstore Motorists 14. Rights and Remedies
at www.mobarcle.org. James W. Riner Beth C. Boggs
7. Subrogation 15. Insurance Coverage for
Dana Frese Environmental Claims
8. Liability Insurance for Mary L. Barrier and
Professionals Cheryl B. Linder
Mark B. Berry and
Kenneth K. Schmitt
9. Directors’ and Officers’
Liability Details and Price
J. Emmett Logan
10. Property and Business 2 vols. (5th ed. 2004) 919 pp.
Liability Commercial General
Liability Coverage $225
Joseph L. Leritz and
Thomas J. Plunkert

33
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!

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an existing one? Have you found an error in one of our books? Would you like
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E-mail your comments or requests to cle@mobar.org or call (573) 635-4128.

34
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

35
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.) 2009 Forms on
settled. This book, which includes
forms on CD-ROM, is one of the 4. Chapter 537 Settlements Supplement 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

36
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
mobar.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

37
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
ment officials, or persons filing an Health Commitments (2002) 111 pp.
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

38
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 dealing with judges, lawyers, clients and other
members of the public that they serve.

39
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
mobar.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.)

40
MoBarCLE Publications
Remedies
  Missouri Remedies brings togeth- constructive trust and when is each
er in one volume those equitable and used?
other remedies outlined in the table   This publication is filled with
of contents below. Find 15 maxims practice suggestions: includes
of equity brought together in one checklists, charts, lists of other
chapter. Learn the process for ob- resources, and 40 sample forms
taining a TRO. Learn the differences (over 75 pages—including
between a writ of mandamus and a pleadings); and comes with a full-
writ of prohibition. Find a checklist text, fully searchable CD-ROM. For
for replevin and a chart comparing a list of the forms on the CD-ROM,
eviction procedures. Get detailed visit our online CLE Publications
treatment of state and federal ha- Bookstore at www.mobarcle.org. Full-Text
beas corpus proceedings along with
sample forms. Learn the differences CD-ROM
and interrelationships between civil
and criminal contempt. Learn the 6 Contents
methods for a change of name and
who has standing to contest an elec- 1. History, Definition, and 11. Election Contests
tion. Learn the distinction between Maxims of Equity David C. Christian
rescission and cancellation of an R. Scott Gardner 12. Quo Warranto
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

41
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 2008 Supp.,
Thomas E. Tueth, 64 pp.
Celynda L. Brasher, and
Peter G. Yelkovac $125
Daniel E. Underwood (Supp.)

42
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

43
MoBarCLE Publications
Sources of Proof
  Each chapter of Missouri Sources Contents
of Proof is a comprehensive presen-
tation of the ins and outs of using 1. Introduction to a Perspective
a particular source, such as pre- on Proof
sumptions, judicial notice, records, W. James Foland
discovery methods, exhibits, and 2. Presumptions
others. Together, the chapters cover James R. Sharp
all major types of proof and how to 3. Judicial Admissions and
use them. The detailed focus on a Judicial Notice
single subject provides an excel- Jennifer G. Bacon and
Karen M. Gleason
lent starting point for the lawyer
presented with any particular proof 4. Public Records 2009 Forms on
inquiry or problem. Find answers to
questions like: Who qualifies as an
Terri L. Parker
5. Medical Records
Supplement CD-ROM
expert witness and where do you Gerald M. Sill and
look to find one? What is the foun- Joanne E. Joiner
dation required to admit a business Anne C. Curchin (Supp.)
record? When should a request for 6. Business Records 12. Discovering Evidence for
admission be served? How can an- Paul J. Passanante Trial Through Physical and
swers to interrogatories be used as 7. Statements Mental Examinations
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.)

44
MoBarCLE Publications
Taxation Law and Practice
  This three-volume deskbook provides 4. Income Taxation of Estates,
comprehensive coverage of Missouri tax Trusts, and Beneficiaries
law and practice. It was written by skilled Ronald C. Thiewes
Missouri attorneys who share their ex- 5. Income Taxation of Individuals
perience, expertise, and practical advice John A. Bruegger
through the deskbook. It includes infor- 6. Income Taxation of Corporations
mation relevant to individual taxpayers Carole L. Iles
and to businesses. The book contains 7. Income Taxation of Flow-
a valuable discussion of substantive Through Entities (Partnership,
law, but it is especially strong in its cov- Limited Liability Company, and
erage of procedural issues. It covers
procedures before the State Tax Com-


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

45
MoBarCLE Publications
Time Limitations
  The 2009 edition is the 21st edition 6. Labor, Motor Vehicles,
of this book and is current through Alcoholic Beverages, Public
the 2009 session of the Missouri Safety, Occupations
General Assembly. This book pro- §§ 285.100–346.120, RSMo
vides Missouri lawyers with an 7. Business Organizations,
easy-to-use reference containing Public Utilities
the time limitations found in the Mis- §§ 347.025–394.312, RSMo
souri Revised Statutes and Supreme 8. Trade
Court Rules. §§ 400.2-702–419.060, RSMo
  MoBarCLE publishes this book 9. Debtor-Creditor Relations,
annually and, for updating ease, it Contracts, Property, Domestic
New Full-Text
is published as two 8 1/2" x 11" per- Relations
fect-bound volumes. And the book §§ 426.020–455.545, RSMo Edition CD-ROM
includes a full-text, fully searchable 10. Trusts and Estates
CD-ROM. §§ 456.1-108–475.430, RSMo
11. Courts and Civil Procedure
Contents §§ 476.083–515.200, RSMo
1. State Buildings and Lands, 12. Real, Personal, and Penal
Legislative and Executive Actions and General
Branches, Military Affairs Provisions
and Police, and Local §§ 516.010–516.500, RSMo
13. Procedures Before Associate Details and Price
Governments
§§ 8.003–103.163, RSMo Circuit Judges, Statutory
2 vols. (21st ed. 2009) 640 pp.
2. Public Officers and Elections Actions and Torts
§§ 104.170–130.081, RSMo §§ 517.031–538.225, RSMo
14. Crimes and Allied Matters, $75
3. Taxation and Revenue
§§ 135.015–155.080, RSMo Public Business and
4. Education, Health and Additional Executive
Welfare, Roads and Departments, Codes and
Waterways Standards
§§ 160.254–238.410, RSMo §§ 540.060–701.509, RSMo
5. Lands, Conservation and 15. Criminal and Municipal
Agriculture Procedure
§§ 241.160–281.260, RSMo Rules 19.07–38.08
16. Civil, Juvenile, and Small
Claims Procedure
Rules 43.01–146.01

46
MoBarCLE Publications
Tort Law
  Missouri attorneys have relied Contents
on Missouri Tort Law for over 30
1. Overview and Summary
years as a practical, dependable
Paul C. Hetterman and
resource on liability issues.  Now,
Joseph L. Walsh, III
the authors of the third edition and
2. Assault and Battery
the 2006 supplement to this popular
Kenneth E. Siemens
MoBarCLE deskbook supply the
3. Malicious Prosecution and
same reliable guidance while includ-
False Arrest
ing recent statutory changes and
Matthew S. McBride and
caselaw to save you time and ease
Brian T. McCartney
your research.  No matter what kind
4. Infliction of Emotional
of tort law you practice—whether
property or personal, premises
Distress Forms on
Gregory E. Upchurch
or products—this convenient and
proven overview of legal principles
5. Defamation and Invasion of CD-ROM
Privacy
and specific causes of action is a
Joseph E. Martineau and
must-have for your library. 
David B. Helms
  The 21 chapters in this publication
6. Tortious Interference With 16. Property Rights
set out elements of causes of action,
Business Relationships Lynn M. Ewing, III
detail procedural issues such as
James Monafo and Phillip Boyd 17. Property Damage
pleading requirements and parties,
Sarah C. Hellmann (Supp.) Robert C. Cook
explain damages and defenses,
7. Misrepresentation: Negligent 18. Comparative Fault
analyze insurance and settlement is-
and Intentional Charles H. McKenzie and
sues, and much more.  The authors
Douglas S. Beck Frederick J. Ernst
are practicing Missouri attorneys
8. Automobile Torts 19. Statute and Ordinance
who give you practical advice and
Christian L. Faiella Violations
trial pointers and discuss evidentiary
9. Aviation Liability Louis J. Leonatti
and proof issues. 
Paul V. Herbers Christen D. Shepherd (Supp.)
  The accompanying CD-ROM
Kathleen Breckenridge (Supp.) 20. Federal Tort Claims Act
includes sample forms to guide you
10. Maritime Torts Richard J. Zalasky
and save you time. For a list of the
Gary Mayes and Michael L. Ramsey (Supp.)
forms on the CD-ROM, visit our on-
Suzanne L. Montgomery 21. Federal Employers’ Liability
line CLE Publications Bookstore at
B. Matthew Struble (Supp.) Act, Jones Act, and
www.mobarcle.org.
11. Animal Liability Longshore and Harbor
Terry M. Evans and Workers’ Compensation Act
Judith E. Koehler C. Marshall Friedman
12. Premises Liability
James J. Virtel and
Ann E. Buckley
13. Wrongful Death Details and Price
John W. Kurtz
14. Products Liability 2 vols. (3rd ed. 2003) 974 pp.
Mark G. Zellmer and plus 2006 Supp., 119 pp.
Christopher A. Smith
15. Strict Liability $245
Daniel R. Brown

47
MoBarCLE Publications
Estate Administration
  Estate Administration, the first edi- 5. Collection and Management of
tion of which was published in 1960, Assets
contains comprehensive coverage of Kathleen A. Forsyth and
the estate administration process. The S. Margene Burnett
book begins with a chapter on probate 6. Sales, Mortgages, Leases, and
jurisdiction and venue and continues Exchanges
through such subjects as dispensing Bennett S. Keller, Scott H. Malin
with administration, duties of represen- and Brooke R. Perlyn
tatives, collection and management of 7. Claims Against the Estate,
the estate, claims, will construction, Survival of Actions, and
settlements, and independent admin- Wrongful Death
istration. Find practical advice about Vanita R. Massey New Full-Text
the beginning of the probate process,
such as time limits, things that must be
8. Exempt Property, Family
Allowance, Homestead, and Edition CD-ROM
included in the application for letters, Election to Take Against the Will
and how to obtain a will from a safe Mary S. Shafer
deposit box. Find chapters dealing 9. Settlements, Distributions, and 18. Construction and Interpretation
with guardianships, conservatorships, Discharge of Wills and Trusts
and civil commitment and sections on Brian E. Hamburg Katherine J. Bailes and
removal of a personal representative, 10. Establishing Fact of Death and Nicole R. Piskuric
contempt (including the possibility that Fact of Simultaneous Death 19. Contested Claims
the attorney may be found in con- Jennifer K. Huckfeldt Kent W. Minton
tempt), proceedings before probate 11. Multi-State Administration and 20. Discovery of Assets
commissioners, and interpretation Alien-Oriented Probate Law Rebbecca Lake Wood
and construction of trusts under the David G. Watkins, 21. Actions Under the Nonprobate
MUTC. This companion volume to Charles F. Jensen, and Transfers Law—Chapter 461
Trusts, Powers of Attorney, Custodian- Samuel Wilkerson Clifford S. Brown
ships, and Nonprobate Matters and 12. Independent Administration 22. Objections to Final Settlement
Estate Planning provides essential Buford L. Farrington and of Fiduciary
assistance to attorneys through the Scott R. Manuel David E. Elliott
estate administration process. 13. Guardianship of Incapacitated 23. Duties and Liability of Estate
Persons Fiduciaries
Ann F. Snitzer Robert J. Selsor and
14. Conservatorship of Disabled Elizabeth Halaz
Contents Persons 24. Actions for Fraud Under the
Thomas G. Glick and Probate Code
1. Probate Jurisdiction and Venue Bart B. Zuckerman Karen E. Hajicek
Kim S. Summers 15. Guardianships and 25. Litigation Settlements in
2. Dispensing With or Terminating Conservatorships of Minors Probate Matters
Administration Paul K. Parkinson Dan C. Sturdevant
Thomas G. Glick 16. Civil Commitment Under the
3. Applications for Letters, Mental Health, Substance
Qualifications of Abuse, and Sexually Violent
Representatives, and Bonds Details and Price
Predator Laws
Evelyn Gwin Mangan Daniel P. Wheeler
4. Initial Responsibilities of the 2 vols. (5th ed. 2009)
17. Will Contests approx.1,030 pp.
Personal Representative Thomas L. Lasley
Charles E. Taylor and $245
John R. Gunn

48
MoBarCLE Publications
Estate Planning
  Estate Planning is a practical, indispens- 4. Drafting a Marital Deduction
able deskbook for those attorneys practicing
Will and a Marital Deduction
estate planning—and especially for those
who don`t practice it regularly. This two- Trust
volume set is a companion to Trusts, Powers Mary Nan Dupont and
of Attorney, Custodianships, and Nonpro- Edward A. Setzler
bate Matters and Estate Administration 5. Planning for Minors, Elderly,
and includes several chapters on specific
planning and drafting issues as shown in
and Disabled Persons
the table of contents below. The experi- Julie A. Berkowitz and
enced and knowledgeable authors provide Christine A. Gilsinan
a wide range of coverage, from handling a 6. Planning and Techniques for
modest estate to the ins and outs of family
businesses.The book includes practice tips,
Making Gifts New Full-Text
checklists, and techniques as well as nearly
50 sample forms—many with comments
Bhavik R. Patel
7. Charitable Contribution
Edition CD-ROM
and annotations—that can be adapted to a Techniques and Planning
client`s specific needs. Get practical advice Scot W. Boulton
on understanding and relating to clients, ethi-
cal considerations—what they are and what
8. Forms of Property Ownership
to do about them, preparation and safekeep- Edgar T. Farmer
ing of documents—even ideas for what pa- 9. Estate Planning for Family 14. Antenuptial and Postnuptial
per to use, advantages and disadvantages Business Owners Agreements
of joint tenancy, and how and when to find Gayle Evans Bhavik R. Patel
a trust. Find information on special needs 10. Drafting Family Limited
trusts, disclaimer trusts, dynasty trusts, and
15. Planning With Qualified
incentive trusts; IRS treatment of family lim-
Partnerships and Family Plans and Individual
ited partnerships and LLCs; what to do with Limited Liability Companies Retirement Accounts
life insurance; and planning for retirement Gary A. Powell Gayle Evans
benefits. A full-text, searchable CD-ROM that 11. Drafting Business Purchase 16. Funding Revocable Living
also contains the sample forms is included and Restrictive Transfer Trusts
with the book. Order yours today! Agreements (“Buy/Sell
Mary Ellen Simmons
Agreements”)
Contents Orren S. Adams and
1. The Client Planning Adam W. Randle
12. Planning Opportunities With
Conference Details and Price
Life Insurance
Michael P. Gunn
Volunteers and Staff
2. Planning, Preparation, and 2 vols. (3rd ed. 2009) 1,267 pp.
13. Miscellaneous Estate
Execution of Wills and Trusts
Planning Techniques
Stephen F. Aton
Thomas D. Peebles, Jr.
3. Drafting the Basic Will and $245
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Emily J. Kembell

Trusts and Estate Series


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• Trusts, Powers of Attorney, Custodianships, and Nonprobate Matters
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MoBarCLE Publications
Trusts, Powers of Attorney, Custodianships, and Nonprobate Matters
  The lengthy title of this well-written the necessary and indispensable
and thorough 2-volume set reflects the parties?
breadth of coverage of this important   This publication is filled with
publication as detailed in the table of practice suggestions: includes
contents below. Along with its detailed checklists, charts, lists of other
treatment of trusts, powers of attorney, resources, and dozens of sample
and medical directives, this definitive forms (over 300 pages); and comes
work may be the most authoritative with a full-text, fully searchable CD-
resource on the Missouri Transfers ROM. This second edition continues
to Minors Law, the Missouri Personal MoBarCLE’s Trusts and Estates
Custodian Law, and the Nonprobate
Transfers Law of Missouri. This sec-
Series, which also includes Missouri
Estate Administration and Missouri
Full-Text
ond edition of Missouri Trusts, Pow- Estate Planning. CD-ROM
ers of Attorney, Custodianships, and   For a list of the forms available on
Nonprobate Matters was prompted by the CD-ROM, visit our online CLE
statutory changes in probate and trust Publications Bookstore at www.
law, including the adoption and update mobarcle.org.
of the Missouri Uniform Trust Code.
This edition includes discussion of Contents
changes through the 2006 legislative
session. 1. Creation of an Express Trust 10. Medical Treatment: Informed
Elizabeth E. Parrigin Consent and Right to Refuse
  Learn the requirements for a valid
2. Qualifications, Appointment, Sheryl Feutz-Harter
trust and the 5 methods for creating an
Succession, and Bonds of 11. Missouri Transfers to Minors
express trust. Learn who is qualified
Trustees Law
to be a trustee and who shouldn’t be Jay E. Harker, James J. Seeley, Susan Baker Teson
a trustee. Learn what the powers and and James B. Behrens 12. Missouri Personal Custodian
duties of a trustee are and whether at- 3. Trust Administration Law
torney fees and costs can be awarded Michael E. Magliari and S. Margene Burnett and
in a trust administration proceeding. Colleen M. Donohue Julie Haverly
Learn the rules for allocating trust re- 4. Allocation of Trust Principal 13. Missouri Nonprobate Transfers
ceipts and the statute of limitations on and Income Law
a trust contest. Learn the distinction Ace Rowley Andrea Jackson and
between a durable power of attorney 5. Modification, Termination, and Christine A. Gilsinan
for asset and financial management Revocation of Trusts
and a durable power of attorney for Lynn A. Miller
health care. 6. Trust Contests
  Get answers to your most pressing Clifford S. Brown and
questions: What is the Rule against Douglas D. Lee
Perpetuities, and does it matter? 7. Trust Construction and
What is a Totten trust? What are the Interpretation
18 negative duties of a trustee? Is the Eric B. Tanner
8. Durable Power of Attorney for Details and Price
Missouri Uniform Trust Code retroac-
Asset and Financial
tive? What is an in terrorem clause?
Management 2 vols. (2nd ed. 2006) 953 pp.
When is specific informed consent to
Michael C. Stoffregen
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50
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
Robert E. Ballman Details and Price
12. Answering the Claim for
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

51
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MoBarCLE Publications
General Information
The Missouri Bar Continuing Legal Education

President: H.A. “Skip” Walther, Columbia


Executive Director: Keith A. Birkes
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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Legal Education Committee


T. Jack Challis, Chair
Clifford S. Brown, Vice Chair
Suzette Carlisle, Vice Chair
Willie J. Epps, Jr., Vice Chair
David L. Vincent, Board of Governors Liaison

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
Cara L. Detring
Gwendelyn Garcia
Thomas G. Glick
Tina M. Crow Halcomb
Gregory F. Hoffmann
Jason H. Lamb
Vanita R. Massey
Lauren E. Tucker McCubbin
Charles E. Rendlen, III
Jason M. Sengheiser
Wallace S. Squibb

53
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