The Bar Association of Metropolitan St. Louis
Bench & Bar Professional Development Conference
Camden on the Lake Resort, Spa and Yacht Club at the Lake of the Ozarks
May 30 - June 1

The Indiana State Bar Association
Solo & Small Firm Conference
French Lick Resort
June 6 – 8

Missouri Association of Defense Lawyers
2013 Annual Meeting
Hilton Branson Convention Center
June 6 – 8

Kansas City Metropolitan Bar Association
Workers’ Compensation CLE
Deer Creek Golf Club
June 7

The Tennessee Bar Association
2013 Annual Meeting
Nashville, TN
June 12 – 15

The Missouri Bar
Solo & Small Firm Conference
Branson Hilton Convention Center
June 13 – 15

The Bar Association of Metropolitan Golf Outing
2013 Annual Golf Outing
Old Hickory Golf Club
June 17

Missouri Association of Trial Attorneys
2013 Annual Convention
Lodge of the Four Seasons, Lake of the Ozarks
June 20 – June 23

Kansas Bar Association
2013 Annual Meeting
Hyatt Regency Wichita
June 19 – 21

State Bar of New Mexico
Annual Meeting & Bench and Bar Conference
Santa Fe Community Convention Center
June 27 – 29

There are no medical exams required. Coverage is automatic if applications are received by
August 10, 2013. Send no money now! We will send an invoice once we receive the completed application.

To apply, simply download the Guaranteed Issue application and submit it with your original signature to:

The Bar Plan Insurance Agency, Inc.
1717 Hidden Creek Ct.
St. Louis, MO 63131

or via fax at 314-821-0534 or email Annette Hilyard.

The Plan Features:

• $50,000 of Group Term Life Insurance coverage on a guaranteed issue basis, no medical exam, if you are under 50 years of age.*
• $10,000 of Group Term Life Insurance coverage on a guaranteed issue basis, no medical exam, if you are age 50 through 59.*
• Evidence of insurability will not be required if you are under age 60, have been admitted within the previous 90 days and actively at work.
• Optional Accidental Death and Dismemberment insurance benefit is available.
• Premiums are waived if you become totally disabled before age 70.
• Conversion to Whole life coverage available any time prior to age 75.
• Optional coverage is available for your spouse, dependent children and employees. If you are interested in this benefit, please contact our office for an application.

If you have questions or concerns contact Annette Hilyard at 800-843-2277, ext. 126.

* Note to Member: If you would like to apply for more than the guaranteed $50,000 or $10,000, you need to complete both the Group Term Life application and the Guaranteed Issue application. Please contact Annette Hilyard if you have questions or need additional information. Please note, any amount over the $50,000 or $10,000 guaranteed issue will be underwritten by ReliaStar Life Insurance Company.

Sean Brown, the recipient of the Richard P. Sprinkle Scholarship, was a professional pilot for many years prior to entering UMKC – School of Law. Sean, a 3^rd year student, is a member of the interschool ABA Negotiating Team and the Federalist Society, and served as a justice of the Honor Court. Additionally, his writing ability and academic performance earned him a spot on the UMKC Law Review’s staff.

Rachel Wickstrom is The Bar Plan Foundation’s Roy A. Larson Scholarship recipient. Rachel is a 3^rd year student at UMKC – School of Law where she was an officer of the Christian Legal Society and part of the 3^rd place National Intellectual Property LawMeet team. She was also a teaching assistant in the Strategies program teaching first-year students study skills.

Nicolas Klitzing is a 3^rd year student at Saint Louis University – School of Law where he is in the top 10% of his class and serving as a staff member of the Public Law Review. Nick is actively involved with the Public Interest Law Group and has volunteered at the Herbert Hoover Boys & Girls Club. He has worked for several local and national political campaigns, including as an intern in the Office of the Vice President in 2007.

Nick Myers is a 3^rd year student at the University of Kansas – School of Law and intends to practice environmental law. Nick volunteered at the Kansas Department of Health and Environment as part of an externship. During undergrad, Nick was awarded the Robert E Smith Leadership Scholarship and a Pace Setter Award for outstanding work ethic.

Ashlyn Cheray attends Washburn University – School of Law, and expects to graduate in May 2013. She plans to practice family law in Kansas upon graduation. During law school, Ashlyn was a semifinalist in the Texas Young Lawyer’s Association National Trial Competition, was an Advocate for the Court Appointment Special Advocates, the ABA Representative for the Washburn Student Bar Association, and Vice President of the Washburn Law Hispanic American Law Student Association.

Stan Musgrave is a 3^rd year student at the University of Missouri – School of Law. Prior to law school, he served as a combat medic and Army nurse in Iraq. During law school, Stan was a Moot Court Finalist and a member of the Criminal Law Association and the Missouri Student Veterans Association.  

Kailey Burger attends Washington University as a 3^rd year law student. Kailey intends to practice in criminal law and has already accepted a position with the New York City Law Department, which she will begin after graduation. During law school, Kailey was a recipient of the Excellence in Oral Advocacy Award, a member of the Dean’s list and Executive Articles Editor for the Washington University Journal of Law and Policy.

The Bar Plan Foundation, established in 1993, awards annual scholarships to third-year law students at several law schools in Missouri and Kansas. Each candidate must possess the highest degree of professionalism and ethics. The scholarships are funded from income from the risk management seminars and The Bar Plan Foundation’s annual golf tournament. Proceeds from the tournament not only fund the scholarships but also enable the Foundation to contribute to various local not-for-profit organizations. If you are a law student in Missouri or Kansas, contact the Dean of your Law School for more information on how to apply for our scholarships. For more information on The Bar Plan Foundation click here.

Small to medium-sized law firms are not immune to this threat. In fact, 72% of data breaches investigated in 2011 were from organizations with fewer than 100 employees.¹

State law requires you to take action or face the possibility of civil litigation or other penalties. Don’t take that chance! The Bar Plan Insurance Agency is now offering Cyber Liability coverage to law firms through the Lawyers’ Business Owner’s Policy underwritten by The Hartford. Contact Annette Hilyard or complete the attached application today!

¹ 2012 Data Breach Investigations Report, Verizon RISK Team with cooperation from the US Secret Service and Dutch High Tech Crime Unit Team

The CLE series, Future Friday Seminars: Strengthening Your Practice through Technology, is a six-part program focused on improving the way you practice law.  The six, 90-minute sessions cover the following topics:

• An overview of the future of law
• Document assembly and automation
• Virtual law offices
• Paperless law offices
• Finances and alternative billing strategies
• How to build a client-focused law practice

The faculty includes practice management advisors from around the country who are each paired with a practitioner with expertise in the particular area of discussion.

As an added bonus for those who register for the entire series, these advisors will also provide an additional two 60-minute question-and-answer sessions with participants.

The series begins on Friday, May 3rd, 2013, and runs on successive Fridays through June 21st.

Can’t make a session? No problem.  Learning* is also available through transcripts that are available to registrants after each session.  Also, all webinars are recorded and archived for later viewing for 30 days after they occur.

Don’t miss out on this opportunity to learn valuable practice skills while earning CLE credit – register today!  Please select the Event Sponsor rate of $150.

The ABA is offering this series at such a low price thanks to our underwriting sponsors: Lawyers Mutual Insurance Company of North Carolina, Minnesota Lawyers Mutual, The Bar Plan Mutual Insurance Company (Missouri), Oklahoma Attorneys Mutual Insurance Company, and Wisconsin Lawyers Mutual Insurance Company.

*Learning is available, but check to make sure CLE credit is available in your respective state if you do not listen to the session live.

The Missouri Bar’s top priority is to focus on our mission of serving our members so they can better serve the clients in their communities. To achieve this, we will continue to deliver diverse resources which help you practice more efficiently and effectively.

As part of these resources, The Missouri Bar has recommended various insurance programs that provide quality services to our members. These programs are carefully considered based on financial stability, commitment and value to our members, and the service provided to those insured. Today, we would like to share with you our continued endorsement of The Bar Plan.

The Bar Plan has a unique history. In the mid-1980s, legal malpractice coverage available through commercial carriers became quite volatile. In order to provide a stable, comprehensive malpractice environment for Missouri lawyers, The Missouri Bar formed The Bar Plan Mutual Insurance Company. The company operates as an independent company but is endorsed by The Missouri Bar because it provides high-quality, competitive legal malpractice insurance to Missouri lawyers. The Bar Plan has provided stability in what can be a volatile market­place, and it is the primary insurance product endorsed by The Missouri Bar.

While The Missouri Bar does recommend other insurance products provided by The Bar Plan, we know that professional liability insurance is essential to your work and livelihood. That is why we strive to connect our members with the best plan options when it comes to value and stability.

If you are currently insured by the company, I encourage you to continue trusting The Bar Plan to protect your profession. If you do not have insurance or are looking for options, please first consider The Bar Plan, which can be contacted at (800) 843-2277 or www.thebarplan.com. I trust its responsible, solid business model and its long-term commitment to our legal community and believe you will come to trust The Bar Plan, too.

Sincerely,
Patrick B. Starke
President
The Missouri Bar

Small Business Statistics*
• 64% of Cyber Liabilities investigated in 2010 were from organizations with fewer than 100 employees
• 95% of all credit card breaches are against small businesses
• 52% of small business owners reported they have no data security policy

How a Breach Can Occur:
• Hacking
• Theft or release due to unauthorized access (such as by former
employees or vendors)
• Stolen or lost paper and electronic files
• Stolen or lost laptop, smartphone, tablet, or computer disks
• Stolen credit card information
• Employee error or oversight

Who Needs Cyber Liability Coverage:
Any business, small or large, that handles or stores any private business, customer, patient or employee data is at risk. The following businesses are at a higher risk for a Cyber Liability because of the quantity and type of sensitive information they handle and store:
• Healthcare practices
• Law offices
• Accounting offices
• Retailers
• Restaurants
• Financial Services

How Cyber Liability Insurance Can Help
• Offers time-saving professional services to help quickly restore your business’ reputation, guide you in handling a breach and assistance with regulatory compliance
• Covers response expenses, including mailing notification letters, credit monitoring services and public relations
• Provides coverage for defense and liability expenses in the event you are sued because of a breach

Insurance Coverage Details
Response Expenses (1^st Party)
Coverage includes:
• Legal & Forensic Services to assess whether a breach occurred and assistance with regulatory compliance if it is determined that a breach occurred ($5,000 sub-limit applies)
• Notification to impacted customers and employees and associated expenses such as letter preparation and mailing costs.
• Crisis Management/Public Relations to inform your customers a breach has occurred and to help restore your business’ reputation
• Good Faith Advertising Services to organize and create a media response ($5,000 sub-limit applies)
• Monitoring Services to pay for credit, fraud, public records or other monitoring alerts, if warranted

Available Limits: $10,000; $25,000; $50,000; $100,000
Per Claim Deductible: $1,000 for $10,000 and $25,000 limits;
$2,500 for $50,000 and $100,000 limits

Defense and Liability Expenses (3^rd Party)
• Coverage for civil awards, settlements and judgments that you’re legally obligated to pay
Available Limits: $50,000; $100,000; $250,000; $500,000
No deductible applies|
Defense costs are within limits

For more information on our Cyber Liability, the Lawyer’s Business Owners’ Policy or to submit an application, contact Annette Hilyard at 1-800-843-2277 x126.

* Verizon Risk Team, US Secret Service and Dutch High Tech Team, 2011

This page contains only general descriptions of coverages which may be provided and does not include all of the features, exclusions, and conditions of the policies it describes. Certain coverages, features, and credits vary by state and may not be available to all insureds.

This insurance is underwritten by the same company of The Hartford as your current business owner’s policy in one of the following: Hartford Fire Insurance Company (CA license #7268), Hartford Underwriters Insurance Company, Hartford Casualty Insurance Company, Property and Casualty Insurance Company of Hartford, Twin City Fire Insurance Company and Sentinel Insurance Company, Ltd. This insurance is also underwritten by Hartford Lloyds Insurance Company in TX and by Hartford Insurance Company of the Midwest in WA.

Every lawyer in the office sharing arrangement should agree to include in their standard fee agreement, engagement letter, or even as a stand-alone document, a written explanation of the office sharing arrangement and the consequences of the arrangement to the client.  For example:

Your representation is being undertaken by the SAMPLE Law Firm, P.C. The lawyer[s] in the SAMPLE Law Firm, P.C. [are/is]:   Lawyer Name, Lawyer Name and Lawyer Name.  The SAMPLE Law Firm, P.C. and the named lawyers are solely responsible for your representation.

The SAMPLE Law Firm, P.C. is a part of an office sharing arrangement with Law Firm One, Law Firm Two and Law Firm Three.  None of these law firms or any lawyer employed by them will have any participation in your matter or take any action on your behalf, [without first entering into a new, separate written agreement with you].

This sample language explains specifically and by name the law firm and lawyers therein who are responsible for the representation, and just as importantly the law firms in the arrangement that do not have responsibility to the client.

Other factors that should be reviewed by office sharing lawyers are:

1. Office space.  Does the physical arrangement of the offices lend itself to the belief the lawyers are working as a firm?  While it is permissible to share a common lobby or waiting area, the offices should be clearly identified as those of attorneys working independently.
2. Letterhead and business cards.  The Rules of Professional Conduct prohibit a lawyer from making a false or misleading communication about the lawyer or his or her services.  No lawyer’s name should ever be included on letterhead or business cards if the lawyer is not an employee of the firm.
3. Advertising.  Do the attorneys jointly advertise their services?  If so, any implication that they operate as a firm may reasonably be relied on by the client. The safest way for an office sharing attorney to advertise is as he or she practices, as a sole practitioner.  If an attorney decides he or she must pool advertising efforts with other attorneys, the ads must be clear that no partnership arrangement exists between the lawyers.
4. General outward appearances.  If the lawyers’ names are listed on the building’s doors or windows, each name should be followed by the legal status of the individual lawyer’s practice.  The names should be arranged in a manner clearly indicating they are separate entities.  The manner in which the receptionist answers the phones may convey the impression that a client is dealing with a firm.  For example, the phone should be answered with, “Law offices,” not “Law office.”
5. Use of the word “firm” in firm name.  Although it is generally ethical for even a sole practitioner to call herself a “firm,” as in “The Jane Doe Law Firm,” the “firm” label could be confusing if used by a solo practitioner who shares office space with other attorneys and may need further written clarification with the client.  Also, state statutes conferring a particular corporate status and protections invariably require the status to be included in the entity’s name.  It is never permissible to use the word “Associates” in a firm name unless there are actually other lawyers employed by the firm as associates.

Should you have any questions regarding your office sharing arrangement, please feel free to contact our Risk Managers Christian Stiegemeyer or Christina Lewis Abate at 800-843-2277.

As the insurance agent for TBA Member Insurance Solutions, Graham works for Tennessee Bar Association members to find the insurance coverage and financial services they need from a select group of financially strong and reputable insurance companies, including The Bar Plan.

Coming from a family of attorneys he relates to the financial pressures and demands on his clients and is especially adept at helping them to develop strategies and solutions for risk management. He is well versed in the areas of lawyers’ professional liability, life, disability income and long term care insurance. Graham assists attorneys in avoiding financial pitfalls by looking at the complete financial picture over the long term. Graham graduated from The University of Tennessee and has been assisting attorneys with financial planning and insurance coverage choices since 2002.

The Bar Plan writes lawyers’ professional liability insurance in Missouri, Kansas, New Mexico, Indiana and Tennessee. In conjunction with its subsidiary, The Bar Plan Surety and Fidelity Company, The Bar Plan writes Court Bonds in all 50 states. The company is unique with its services to the legal community including CLE seminars, risk management hotline and practice management services, along with its active participation in, and support of, local Bar Associations. All products and services offered by The Bar Plan are for the benefit of the legal community.

Founded in 1881, the Tennessee Bar Association is dedicated to enhancing fellowship among members of the state’s legal community. A strictly voluntary association, the TBA offers its members a variety of programs and services designed to assist in professional development. In addition, through its public relations activities, the TBA endeavors to build a positive image for the profession in the community.

For more information, contact Graham via email or phone at 615-812-9107.

Prior to joining PricewaterhouseCoopers, Monday was a Tax Manager for MGIC and its subsidiaries. He holds a B.S. degree from Marquette University. “As a long time financial advisor to The Bar Plan, I am excited to join The Bar Plan Mutual Insurance Company’s Board in a capacity that will allow me to utilize my knowledge to guide The Bar Plan to best serve its insureds long into the future,” said Monday.

The Bar Plan writes professional liability insurance in Missouri, Kansas, New Mexico, Tennessee and Indiana. In conjunction with its subsidiary, The Bar Plan Surety and Fidelity Company, The Bar Plan writes Court Bonds in all 50 states. The company is unique with its services to the legal community including CLE seminars, risk management hotline and practice management services, along with its active participation in, and support of, Bar Associations in each of our markets. All products and services offered by The Bar Plan are for the benefit of the legal community.