MoBarCLE Publications

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e l l e n c e C L E MoBar MoBarCLE Publications 2012 Catalog DESKBOOKS GUIDEBOOKS MoBarCLE Publications—Your Starting Place for Legal Research www.mobarcle.org 1•888•253•6013

2 Publications The Missouri Bar publishes comprehensive, substantive secondary-source law
books. MoBarCLE books are professionally produced legal publications written by highly respected Missouri lawyers and judges. The books are reviewed for organization and substance by attorneys and our staff. Our publications are professionally edited and indexed. Supplements The Missouri Bar supplements its deskbooks on an as- needed basis. When you order a book from The Missouri Bar, your purchase includes the current supplement. Updating If we update a publication within 90 days of your purchase, you can apply your initial purchase price toward the new price. You just pay the difference plus shipping on the difference. You keep both publications for the cost of the new one plus shipping. Course Materials The Missouri Bar has a limited quantity of course materials available for sale. Please e-mail us at cle@ mobar.org or call toll-free (888) 253-6013 to receive a current list. Ordering Information Order online at www.mobarcle.org or use the order form in the center of the catalog. You can also call The Missouri Bar toll-free at (888) 253-6013, between the hours of 8 a.m. and 5 p.m., Monday through Friday, fax your order to us 24 hours a day at (573) 659-8931; or e-mail us at cle@ mobar.org. Although you should allow two weeks for delivery, most books and supplements are in stock and are sent out within two working days. MoBarCLE publications are developed specifically for Missouri attorneys. Because these books cover Missouri law, they save you time, make your work easier, and make you more productive. If you’re not using MoBarCLE publications, your competition may know something you don’t. Let The Missouri Bar CLE deskbooks help you Return Privileges Return privileges apply on all print books and supplements. If for any reason you are not satisfied with a print book or supplement, simply return it in an undamaged, unmarked condition within 30 days. Your money will be refunded promptly. No refunds are available for electronic products. MoBarCLE will gladly exchange or replace defective products. Prices The Missouri Bar publishes books on Missouri law as a member service. Unlike for-profit operations, MoBarCLE spends only a modest amount on packaging, marketing, and “window dressing.” Our emphasis is on substance, so we invest our resources in researching, editing, cite checking, and professionally indexing our books. The prices for MoBarCLE books reflect our nonprofit philosophy. Although we don’t share the cost advantages of the national publishers who print and sell thousands of copies of a book, we try to keep our prices at a reasonable level through careful cost control procedures. We also rely on volunteer authors and reviewers who donate their valuable time and expertise to help us serve you. Electronic Products Electronic products are licensed for individual attorney use only. Please contact MoBarCLE at [email protected] or 1-888-253-6013 for pricing for site licenses for the use of multiple attorneys. Discounts MoBarCLE offers the following discounts on full price orders: 2 titles - 10% 4 titles - 20% 6 titles or more - 30% Complete Print Library We also offer a complete library price of $4,000. A savings of over 50% off individual title prices. Includes deskbooks and guidebooks. Feedback and Suggestions Do you have an idea for a new MoBarCLE publications or a suggestion for improving an existing one? Have you found an error in one of our books? Would you like information on becoming an author or reviewer of a MoBarCLE publication? E-mail your comments or requests to cle@mobar. org or call (573) 635-4128. MoBarCLE Publications General Information

3 MoBarCLE Publications Books about Missouri law written by Missouri
lawyers. Administrative Law................................................10 Adoption Law and Practice....................................11 Appellate Court Practice........................................12 Bankruptcy Practice..............................................13 Business Transitions.............................................14 Civil Procedure......................................................16 Civil Trial Practice..................................................17 Condemnation Practice.........................................18 Construction Law...................................................19 Consumer Law and Practice.................................20 Contracts...............................................................21 Corporate Organization and Operation.................14 Creditors’ Remedies..............................................22 Criminal Practice...................................................23 Damages...............................................................24 Discovery...............................................................29 DWI Law and Practice...........................................30 Elder Law..............................................................31 Estate Administration.............................................32 Estate Planning.....................................................33 Evidence................................................................34 Evidence Restated................................................35 Family Law............................................................36 Insurance Practice.................................................37 Juvenile Law..........................................................38 Litigation Settlements............................................39 Local Government Law.........................................40 Real Estate Financing, Liens, and Foreclosure.....41 Real Estate Fundamentals: Acquisition, Title, Interests, and Conveyancing.............................42 School Law............................................................43 Sources of Proof....................................................44 Specialized Business Entities................................15 Tort Law.................................................................45 Trusts, Powers of Attorney, Custodianships, and Nonprobate Matters...................................46 Workers’ Compensation Law.................................47 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. General Information............................................................. 2 & 49 Online Publications Information.................................................. 50 Order Forms....................................................................... 25-27 Volunteer Form........................................................................... 28 2011 Volunteers.......................................................................... 48 Guidebooks Deskbooks Arbitration and Mediation...................................... 5 Civil Commitment Under the Mental Health, Substance Abuse, and Sexually Violent Predator Laws..................................................... 5 Defending Boating While Intoxicated Cases......... 5 Drafting the Basic Will and Trust........................... 5 DWI Experts and the Science of Chemical Tests.... 5 Environmental Issues and Federal Regulations Affecting Real Estate........................................... 6 Guardianships and Conservatorships of Minors... 6 Home Purchases, Ownership, and Financing....... 6 Immigration and Naturalization Practice................ 6 Immigration Law Impacts in Family Law............... 6 Independent Administration of Estates.................. 7 Mechanic’s Liens................................................... 7 Military Issues in Family Law................................. 7 Motor Vehicle Purchasing and Leasing................. 7 Personnel Hearings Before Administrative Hearing Agencies................................................ 7 Probate Shortcuts – Dispensing With or Terminating Administration................................... 7 Real Estate Leasing and Landlord-Tenant Actions and Remedies......................................... 8 Social Security Administration Practice and Procedure..................................................... 8 The Sunshine Law................................................. 8 Urban Development, Zoning and Planning, Subdivisions, and Annexation.............................. 8

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E x c e l l e n c e MoBar C L E MoBarCLE Publications—Your Starting Place for Legal Research MoBarCLE Guidebooks Choice of formats! • Softbound print • Download • CD-ROM Affordable! Introductory pricing! • $39 each • $59 for print plus either electronic format • Save money Focused! • Get the information you need • Save time Go to www.mobarcle.org to order or for more information. Or use the order form in the center of the catalog. Good things come in small packages: Available in softbound print or CD-ROM! Or no packages: Available by download!

5 MoBarCLE Guidebooks Arbitration and Mediation – 120 pages Experienced
attorney James R. Keller provides an overview of arbitration and mediation, including recent case development in the Missouri state and federal courts and the Eighth Circuit. In the mediation chapter, you’ll find coverage of oral and written settlement agreements, court-ordered mediation, and complex mediations. You’ll also find guidance on selecting a mediator, mediation expense, and sanctions and award of attorney fees. The arbitration chapter is very comprehensive. You’ll find discussions of predispute versus postdispute agreements and binding versus nonbinding agreements. You’ll find coverage of barriers, procedural considerations, and drafting considerations. There are sections on damages, awards, discovery, attorney fees, and much more. Find practical suggestions on the place for and presentation at an arbitration hearing and on preparing for arbitration. This guidebook includes references to other resources, and true to its roots, it also includes real estate specific caselaw. This publication is an updated version of the work that originally appeared as a chapter in the MoBarCLE deskbook Missouri Real Estate Practice. Civil Commitment Under the Mental Health, Substance Abuse, and Sexually Violent Predator Laws – 64 pages This handy, affordable publication details how an individual may be involuntarily committed to a mental health facility or alcohol or drug treatment facility, the individual’s rights, and the process involved. It also examines the civil commitment laws and procedures under the sexually violent predator act. Commissioner Daniel P. Wheeler explains the standards and process for 96-hour, 21-day, 90-day, 180-day, and 1-year commitments. He sets out the standards and conditions for releasing patients, files, records, and transcripts. The book also discusses the parameters for release of liability of public officials and petitioners. This book will help you quickly get the information you need to help your clients and their families through difficult situations. This publication originally appeared as a chapter in the MoBarCLE deskbook, Missouri Estate Administration. Defending Boating While Intoxicated Cases – 38 pages Alcohol and water may mix in a glass but not on a boat. Experienced Lake of the Ozarks area attorney Erik Bergmanis details the ins and outs of defending BWI cases in this well-organized guidebook. He compares and contrasts BWI with DWI—BWI is more than just DWI on the water. There are three different statutes that can be used to prosecute BWI cases. The statute can vary depending on what sort of watercraft is involved and even with what body of water is involved. Don’t find yourself adrift when your client is charged with boating while intoxicated. This handy, affordable publication will help you set sail on the right course. Defending Boating While Intoxicated Cases originally appeared as a chapter in the MoBarCLE deskbook, Missouri DWI Law and Practice. Drafting the Basic Will and Trust – 172 pages This publication presents the basics of drafting simple wills and trusts. It provides sample forms, annotations, suggested clauses for special situations, and questionnaires. The author, Emily J. Kembell, guides you through the process in this handy, affordable guidebook that will save you and your clients time, money, and frustration. She provides practical advice on advising clients and alternatives to probate and includes a chapter on health care directives and durable power of attorney for health care. Drafting the Basic Will and Trust originally appeared as a chapter in the MoBarCLE deskbook, Missouri Estate Planning. The electronic versions include sample forms in word-processing format. DWI Experts and the Science of Chemical Tests – 85 pages Experts in DWI cases come from many disciplines and have a wide variety of experience. Attorney and forensic scien- tist Lawrence E. Wines guides you through the evaluation and selection of experts and how to use them to help your client. He explains the science of chemical tests and potential challenges to test results. He stresses the importance of expert evaluation of police reports and factors to be considered in preparing a defense. This handy and affordable book will let you quickly determine how to use a DWI expert to protect your client. DWI Experts and the Science of Chemical Tests originally appeared as a chapter in the MoBarCLE deskbook, Missouri DWI Law and Practice. The electronic versions include sample forms in word-processing format. 50 Ye a r s o f Ex c e l l e n c e C L E MoBar www.mobarcle.org Toll Free 1•888•253•6013

6 Environmental Issues and Federal Regulations Affecting Real Estate –
183 pages Owners and operators of real property are generally responsible for contamination at the property, regardless of when or by whom the contamination was caused. This book begins with a chapter that summarizes federal and Missouri environmental laws that may be implicated in a sale or lease of commercial or industrial property, discusses how environmental issues can be identified and assessed during real estate transactions, and provides recommendations for preparing documents for the transfer of commercial or industrial properties. The second chapter covers the expanding body of federal regulations applicable to real estate transactions. The ongoing financial and real estate crisis has brought on increased scrutiny, and enforcement actions are rising. The chapter covers disclosure requirements, RESPA, FTC issues, civil rights issues, the ADA, and more. The electronic versions include sample forms in word-processing format. This publication is an updated version of the work that originally appeared as two chapters in the MoBarCLE deskbook Missouri Real Estate Practice. Guardianships and Conservatorships of Minors – 44 pages The law of guardianships and custodianships for minors has similarities to the law for adults, but there are differences. Judge Paul K. Parkinson highlights those differences and discusses the need and process for appointing guardians and conservators. He also covers the powers and duties of guardians and conservators for minors, claims, and termination of the guardianship or conservatorship. This handy and affordable publication will help you quickly find the information you need to help your clients and their families. Guardianship and Conservatorship of Minors originally appeared as a chapter in the MoBarCLE deskbook, Missouri Estate Administration. Home Purchases, Ownership, and Financing – 119 pages The first part of this book provides guidance when problems arise with home purchases. Whether it’s a buyer or seller refusing to close, defective construction of a new home, fraud, or misrepresentation, this book gets you over the hurdles. This book will also guide you in how to advise your client about and through the causes of action and remedies available for fraudulent home improvement practices, predatory mortgage lending, and foreclosure. Federal and state laws intersect and accentuate each other—often they compete. Our experienced authors guide you through the thicket. Also find coverage of the Private Prompt Pay Act. Homes are major investments for many clients. Help protect them and their rights with this affordable book. Home Purchases, Ownership, and Financing originally appeared as a chapter in the MoBarCLE deskbook, Missouri Consumer Law and Practice. Immigration and Naturalization Practice – 90 pages Immigration and naturalization practice is complex, ever changing, and involves the integration of regulatory provisions that span numerous agencies. Author Leon Versfeld is licensed to practice law in South Africa, the United States (Missouri), England, and Wales. He shares his wide variety of experience to help guide you through this increasingly relevant area of the law. He explains the statutes, regulations, and other primary sources and provides an overview of the immigration system. He discusses visas, naturalization, and citizenship. He provides practical guidance on hearings, appeals, employer sanctions, and E-Verify. He includes coverage of Missouri’s immigration law. The book includes numerous charts and tables to help organize this complex field and save you time. The glossary of acronyms and commonly encountered terms and the tables of immigration classifications and visa categories alone are worth the price of this book. Immigration and Naturalization Practice originally appeared as a chapter in the MoBarCLE deskbook, Missouri Administrative Law. The electronic versions include sample forms in word-processing format. Immigration Law Impacts in Family Law – 54 pages More than ever, immigration issues are arising in family law disputes. These issues can be quite complicated, especially when children are involved, and potential immigration consequences are severe. In this new publication from MoBarCLE, volunteer authors Alisse C. Camazine; Peter A. Gianino, Jr.; and Melissa G. Nolan of Paule, Camazine & Blumenthal, P.C., guide family law attorneys in identifying immigration issues to properly advise their clients. Find overviews of immigration status types and paths to citizenship. Find a chapter on obtaining lawful immigration status through marriage to a U.S. citizen and another on special provisions for abused spouses and children. Find a chapter on affidavits of support for intending immigrants and another on matters involving children. Throughout the publication are links to forms and helpful online information, and there are helpful charts and a list of common immigration definitions. MoBarCLE Guidebooks 50 Ye a r s o f Ex c e l l e n c e C L E MoBar www.mobarcle.org Toll Free 1•888•253•6013

7 Independent Administration of Estates – 36 pages Independent administration
is a system that streamlines and simplifies the probate process while protecting interested parties. It provides a mechanism to administer estates that is largely independent of the court system. The authors, Buford L. Farrington and Scott R. Manuel, guide you through this system in this handy, affordable guidebook that will save you and your clients time, money, and frustration. Learn how independent administration is created, changed, or revoked. Learn the duties, powers, and liabilities of an independent personal representative. Learn when court involve- ment might be desired or required and how to close an estate. And take advantage of the sample forms included in the book. Independent Administration of Estates originally appeared as a chapter in the MoBarCLE deskbook, Missouri Estate Administration. The electronic versions include sample forms in word-processing format. Mechanic’s Liens – 92 pages Mechanic’s liens may be the most effective tool in the contractor’s toolbox. They can increase leverage to recover payment for labor or materials. Experienced practitioner Sherman A. Botts lays out the step-by-step procedures for filing and preserving mechanic’s liens. Find out how to create the lien, the extent of the lien, priorities, and how to enforce the lien. The book includes valuable checklists and sample forms that will help you effectively represent your client. And the book is current through the 2010 and 2011 statutory updates. Mechanic’s Liens is an updated version of the work that originally appeared as a chapter in the MoBarCLE deskbooks, Missouri Real Estate Practice and Missouri Creditors’ Remedies. The electronic versions include sample forms in word-processing format. Military Issues in Family Law – 36 pages Increased military deployments in recent years have brought a corresponding increased need for information on how this can affect family law matters. A 2011 survey highlighted the desire among Missouri Bar members for practical guidance on this topic. MoBarCLE and author Douglas C. Fredrick, a solo practitioner in Springfield and a JAG officer, have responded to that need and desire with this new publication. Learn how to locate a servicemember and how to serve an active duty servicemember domestically or abroad, Find out the applicability and implications of the Service- members Civil Relief Act. Learn how to obtain temporary financial support under military regulations and about the division of military retired pay. And find links to useful military forms. Motor Vehicle Purchasing and Leasing – 63 pages Car purchases can be complex transactions involving titling and registration laws, financing, insurance, and service contracts. Unfortunately, car sales sometimes involve fraud, deception, or unfair practices. Authors Laura E. and John P. Clubb highlight the law that applies to the purchase or lease of automobiles in Missouri. They discuss fraudulent and abusive sales, warranties and service contracts, financing, repossession, leases, and more. Automobiles are major purchases for many clients. Help protect them and their rights with this affordable book. Motor Vehicle Purchasing and Leasing originally appeared as a chapter in the MoBarCLE deskbook, Missouri Consumer Law and Practice. Personnel Hearings Before Administrative Hearing Agencies – 66 pages This handy and affordable publication guides the practitioner who encounters a contested personnel case involving a public employee protected by a civil service or merit system law. Author Paul R. Otto focuses on laws governing state employees who appeal personnel actions to the AHC (Administrative Hearing Commission). The issues and procedures covered illustrate practice before similar bodies. Find chapters on an employee’s property right in employment, dismissal for cause, and the accompanying procedural protections. Find this contrasted with the rights and process afforded employees without explicit for-cause protection. Also find a chapter on employees’ appeals and a well-organized chapter on contested case hearings to help you quickly locate the information you need to help your client. Personnel Hearings Before Administrative Hearing Agencies originally appeared as a chapter in the MoBarCLE deskbook, Missouri Administrative Law. Probate Shortcuts – Dispensing with or Terminating Administration – 41 pages This handy, affordable publication guides you through the simple statutory procedures that are available to avoid the time and expense of a full probate administration. Attorney Thomas G. Glick shares his experience and expertise to help you save your client time, money, and aggravation. Learn how probate can be avoided or terminated, procedures MoBarCLE Guidebooks 50 Ye a r s o f Ex c e l l e n c e C L E MoBar www.mobarcle.org Toll Free 1•888•253•6013

8 for small estates, how to perfect title without administration,
and more. Probate Shortcuts—Dispensing With or Ter- minating Administration originally appeared as a chapter in the MoBarCLE deskbook, Missouri Estate Administration. Real Estate Leasing and Landlord-Tenant Actions and Remedies – 111 pages This handy and affordable guidebook starts with a chapter on commercial leases. This chapter guides you through the preparation of the written lease agreement, recording, assignment, security deposits, and guarantees. The chapter includes a detailed checklist of lease provisions. The second chapter covers residential leases and guides you through those areas of law that are unique to the residential context or that create special problems in that context. You’ll find information on the implied warranty of habitability, security deposits, exculpatory clauses, and more. The final chapter details landlord remedies including rent and possession, unlawful detainer, and ejectment and highlights other actions available to landlords. The chapter also includes a section on tenant remedies and concludes with sample forms to save you and your client time and money. This publication is an updated version of the work that originally appeared as three chapters in the MoBarCLE deskbook Missouri Real Estate Practice. The electronic versions include sample forms in word-processing format. Social Security Administration Practice and Procedure – 99 pages The Social Security Administration administers three major benefit programs that affect nearly everyone at one time or another. Authors Anthony Gawienowski and Amanda Giovanoni are Social Security Administration attorneys but provide their views solely in their personal capacities. This well-organized and extensively outlined publication will let you quickly find the information you need to help your client with Social Security Administration issues. The 39 best practice suggestions for claimant’s representatives are alone worth the price of this book. Social Security Administra- tion Practice and Procedure originally appeared as a chapter in the MoBarCLE deskbook, Missouri Administrative Law. The Sunshine Law – 66 pages Press reports frequently carry stories of disputes, controversies, and confusion about the Sunshine Law. Boards, com- mittees, and other entities are often unsure of the reach of the law and sometimes unaware of its existence and applicability. They have many questions. Are they subject to the Sunshine Law? What meetings are open meetings, and what process needs to be followed? What records are open records? What are the exceptions? When can a meeting or record be closed? What is the process? This book answers those questions and many more. The author, Nathan M. Nickolaus, is the City Counselor for Jefferson City, and he adds his experience to build on the original work of James Klahr to shine some light on the Sunshine Law. If you represent a government entity—a board, committee, municipality, or agency—or a client seeking information from one of these entities, you need this handy, affordable publication. The Sunshine Law originally appeared as a chapter in the MoBarCLE deskbook, Missouri Administrative Law. Urban Development, Zoning and Planning, Subdivisions, and Annexation – 307 pages The first chapter of this book explains the inducements and assistance available to local governments and private developers involved in the development and redevelopment of residential, commercial, and industrial areas. Statutes and programs that are most frequently and successfully used, alone or in combination, and those showing future promise are discussed. Local and state programs and condemnation law are covered. The second chapter deals with the requirements for adopting and using zoning and planning tools, the scope of and limitations on regulatory authority, and the procedures involved in zoning reviews and appeals. It includes defenses to takings and zoning vocabulary. The third chapter describes the legal tools that are available to cities and counties, subdividers, and developers and takes a practical approach to drafting a declaration of subdivision restrictions and home association declarations. Sample forms of each are included. The final chapter covers annexation law and procedures. This publication is an updated version of the work that originally appeared as two chapters in the MoBarCLE deskbook Missouri Real Estate Practice. MoBarCLE Guidebooks 50 Ye a r s o f Ex c e l l e n c e C L E MoBar www.mobarcle.org Toll Free 1•888•253•6013

9 www.mobarcle.org 51 Ye a r s o f Ex
c e l l e n c e C L E MoBar Why do attorneys buy the MoBarCLE deskbooks? MoBarCLE Publications: Your Starting Place for Legal Research • The quickest way to find Missouri law. • A concise overview. • The deskbooks provide a quick and easy summary. • To save time in my practice. • They help me find quick answers. • Faster research. • It’s all about speed and saving time. • They save time. Time is money. You can’t afford free. Taken from customer comments.

10 MoBarCLE Publications Contents 1. Introduction Paul H. Gardner 2.
Administrative Rules and Rulemaking Brian T. McCartney and Greg C. Mitchell 3. Agency Adjudication— Contested and Noncontested Cases Lowell D. Pearson and Christina L. Baker The Supreme Court of Missouri has noted that “administrative law is an increasingly important area of practice in Missouri.” Weber v. Firemen’s Ret. Sys., 872 S.W.2d 477, 478 (Mo. banc 1994). If you are practicing law in Missouri, you should have this book. This two-volume book is comprehensive and covers a wide range of topics. It contains sample forms, checklists, charts, and practice tips. The table of contents below outlines the broad scope of the book. The 4th edition includes 4 new chapters, including chapters on the Social Security Administration and the Missouri Securities Act. The Social Security chapter has step-by-step procedures, practical advice in the form of “best practices” for counsel, and many online resource references. The securities chapter will be useful for a range of practitioners, from the general practitioner structuring an entrepreneur’s transaction to the attorney representing a client charged with a criminal violation of the Missouri Securities Act. The immigration law chapter is much expanded and includes a glossary of common acronyms, a chart of visa categories, a discussion of the naturalization process, and online resource references. Find a chapter on the Sunshine Law and a discussion of the Freedom of Information Act. This deskbook contains many references to other available resources, including online resources. Included with the book is a full-text, fully searchable CD-ROM that also includes the sample forms in the deskbook. Administrative Law 22. Social Security Administration Practice and Procedure Anthony Gawienowski and Amanda Giovanoni 23. Immigration and Naturalization Practice Leon Versfeld 24. Agency Summaries Patricia J. Churchill and Stephanie White Thorn 25. Extraordinary Writs Robert M. Hibbs 26. Attorney Fees Deborah J. Neff and Nicole L. Sublett Details and Price 2 vols. (4th ed. 2011) 1,546 pp. $245 4. Judicial Review of Missouri Administrative Action Paul H. Gardner 5. Federal Administrative Procedure and Judicial Review Paul H. Gardner and Ryan Turnage 6. Evidence and Burden of Proof Robert L. Hess II and John M. Roodhouse 7. The Sunshine Law Nathan M. Nickolaus 8. Practice and Procedure Before the Administrative Hearing Commission Nimrod T. Chapel, Jr. 9. Public Service Commission William R. England, III, Paul A. Boudreau, and Kevin A. Thompson 10. Personnel Hearings Before Administrative Hearing Agencies Paul R. Otto 11. Professional Licensing Audrey Hanson McIntosh 12. State Tax Commission Luann Johnson 13. Employment Security Law Ninion S. Riley 14. Department of Revenue J. David Bechtold 15. Department of Social Services Department of Social Services Staff 16. Department of Health and Senior Services Sharon K. Ayers 17. Administrative Hearings Before the Department of Mental Health Thad Taylor 18. Missouri Gaming Commission Jennifer S. Tucker 19. The Missouri Securities Act of 2003 Patrick T. Morgan 20. Administrative Procedures Under Civil Rights Laws James M. Paul and Erin E. Williams 21. Education Law Kelli Hopkins and Susan Goldammer Full-Text CD-ROM New Edition

11 MoBarCLE Publications Adoption Law and Practice Adoption Law
and Practice is an expanded and updated version of chapters previously included in Mo- BarCLE’s Family Law and Juvenile Law deskbooks. The stand-alone deskbook incorporates the latest caselaw and statutory changes to the Adoption Code. While adoptions are often uncontested, the authors identify problem areas to watch for and offer practical guidance for navi- gating trouble spots to ensure the finality of the adoption decree. Learn how to properly serve process on all necessary parties, known or unknown. Learn who can intervene in an adoption proceeding. Learn the requirements for a valid consent and in what circumstances consent can be revoked. Find out what subsidies and tax credits are available to adopting families and the importance of complying with the UCCJA, the Indian Child Welfare Act, and the Interstate Compact on the Placement of Children. Whether you are a seasoned adoption attorney or new to the field, this deskbook is full of valuable resources to sharpen your knowledge of the law and reduce the amount of time you spend drafting all of the necessary documents. The 2008 supplement includes discussions of the overlap between adoption proceedings and termination of parental rights proceedings and Contents 1. Introduction Martin Schiff, Jr. and Timothy B. Brassil 2. Practice and Procedure Martin Schiff, Jr. and Timothy B. Brassil 3. Equitable Adoption Martin Schiff, Jr. and Timothy B. Brassil 4. International Adoption Rodolfo Rivera 5. Forms Martin Schiff, Jr., Timothy B. Brassil, and Rodolfo Rivera Details and Price (2004) 166 pp. plus 2008 Supp., 23 pp. $125 You’ll be satisfied with our publications . . . we guarantee it. Return privileges apply on all print publications. If for any reason you are not satisfied with a print publication, simply return it in undamaged, unmarked condition within 30 days. Your money will be refunded promptly. Forms on CD-ROM the rights of putative or unknown fathers. The supplement also includes new information about the Hague Convention on Intercountry Adoption, which has significantly changed the way international adoptions are handled. The forms CD-ROM includes more than 30 sample forms: worksheets, petitions, consents, decrees, and more! For a list of the forms on the CD-ROM, visit our online CLE Publications Bookstore at www. mobarcle.org.

12 MoBarCLE Publications Appellate Court Practice Appellate advocacy presents
unique challenges and decisions for attorneys. Missouri Appellate Court Practice, now in its fifth edition, provides valuable guidance and answers. The authors go beyond setting out the substantive issues and procedural requirements so important to the appellate process; they draw on their vast experience to provide down-to-earth advice about everything from realistically assessing the chances for success on appeal to how to best present an exhibit during oral argument. Cov- erage includes the Supreme Court of Missouri, all three districts of the Missouri Court of Appeals, and the Eighth Circuit Court of Appeals. For a list of the forms on the CD- ROM, visit our online CLE Publica- tions Bookstore at www.mobarcle. org. Forms on CD-ROM Contents 1. Initial Considerations: Evaluating a Case for Appeal; Ethical Considerations on Appeal; New Counsel on Appeal? Dennis Owens 2. Appeals—Who, What, When, Where, and How Mark G. Arnold Details and Price (5th ed. 2002) 480 pp. plus 2007 Supp., 207 pp. $195 3. Trial and Posttrial Motions Affecting Appeals in Civil Cases P. Pierre Dominique and J. Christopher Spangler 4. Settlement Conferences Richard L. Schnake 5. Record on Appeal Janet M. Thompson 6. Briefs Alana M. Barragán-Scott 7. Oral Argument James R. Layton Cheryl C. Nield (Supp.) 8. Motion Practice in Appellate Court Colleen Joern Vetter 9. Sanctions for Frivolous Appeals Joy I. Hannel 10. Criminal Appeals and Postconviction Remedies Randall D. Eggert 11. Rehearings, Transfers, and Certiorari—Missouri and Federal Bryan E. Nickell 12. Practice Before the United States Court of Appeals for the Eighth Circuit William E. Quirk 13. Writs of Mandamus and Prohibition James W. Erwin 14. Quo Warranto Susan Ford Robertson 15. Habeas Corpus S. Paige Canfield and Christine E. Rollins Discounts MoBarCLE offers the following discounts on full price orders: 2 titles - 10% 4 titles - 20% 6 titles or more - 30% Complete Print Library We also offer a complete print library price of $4,000. A savings of over 50% off individual title prices. Includes deskbooks and guidebooks.

13 MoBarCLE Publications Bankruptcy Practice This two-volume set
is critical for attorneys who practice bankruptcy law, especially those who do not practice it exclusively, and for those who practice in areas where bankruptcy issues can arise, including creditors’ and debtors’ counsel. The authors include judges, professors, trustees, and practicing attorneys. You’ll find discussion of the BAPCPA, practice notes and tips, charts, checklists, examples, and sample forms. The book begins with a helpful overview chapter that covers such issues as reasons to consider bankruptcy, which type to choose, finding the courthouse, fee schedules, and resource materials. The second chapter covers jurisdiction, venue, procedure, appeals, and other matters. Learn what property is property of the bankruptcy estate, which property is specifically included, which is exempted or excepted, and which property there is a question about. Find coverage of discharge, dischargeability of debts, reaffirmation agreements, and enforceability of liens following discharge. Learn about stays on creditor actions, including automatic stays and exclusions from automatic stays, the duration of stays, how to get relief from stays, and effects of violations of stays. Find out about the trustee’s avoidance powers toward preferential transfers. Learn the priorities of claims and about cram down. Compare Chapter 7, 11, 12, and 13 bankruptcies—what they are, how they differ, when they apply—and learn about the right of conversion. Find chapters on involuntary bankruptcies, secured claims, executory contracts and unexpired leases, employment of professionals, and the United States Trustee Program. This edition also includes new chapters on tax issues in bankruptcy, litigation in bankruptcy, and electronic case filing—covering everything from logins and passwords to menu options to how to contact the help desk. And the book comes with a full-text, fully searchable CD-ROM that also includes the sample forms in word-processing format. The 2010 supplement covers recent cases applying the BAPCPA and time limit changes under the new federal time com- putation rules and includes an updated CD-ROM. For a list of the forms on the Contents 1. Overview of Title 11 Charles E. “Sketch” Rendlen, III 2. Jurisdiction, Procedure, Appeals, and Related Matters Steven N. Cousins and Susan K. Ehlers 3. Property of the Estate Ronald S. Weiss and Max Jevinsky 4. Discharge and Dischargeability Seth A. Albin, Brian W. Hockett, and Gwendolyn Froeschner Hart Allison Graves (Supp.) 5. Stays A. Thomas DeWoskin and Teresa A. Generous Jennifer Doering (Supp.) 6. Avoiding Powers Cassandra L. Writz, Cynthia Dillard Parres, and Lee J. Viorel, III Purvi M. Shah (Supp.) 7. Chapter 7 Bankruptcies Charles W. Riske, Kevin Checkett, and Kathy A. Surratt-States 8. Chapter 11 Case Administration Scott J. Goldstein, Lisa A. Epps, Joel Pelofsky, and David A. Warfield Laura Uberti Hughes (Supp.) 9. Confirmation and Cram Down of Chapter 11 Plans David A. Lander, Cynthia F. Grimes, Jennifer A. Merlo, Dennis R. Dow, and Laurence M. Frazen Laura Toledo (Supp.) 10. Chapter 12 Bankruptcies Joel Pelofsky and Paul H. Berens 11. Chapter 13 Bankruptcies Volunteers and Staff Diana S. Daugherty and Richard V. Fink (Supp.) 12. Involuntary Bankruptcies Wendi S. Alper-Pressman and Jerald S. Enslein 13. Secured Claims in Bankruptcy Cases Abigail B. Willie CD-ROM, visit our online CLE Publica- tions Bookstore at www.mobarcle.org. 14. Executory Contracts and Unexpired Leases Gregory D. Willard, Mark G. Stingley, David M. Unseth, and Michelle M. Masoner 15. Employment of Professionals Gary D. Barnes and Arthur B. Federman 16. Tax Issues Arising in Bankruptcy Michelle Arnopol Cecil Harry Charles (Supp.) 17. An Overview of Bankruptcy Litigation Jerry W. Venters Robert S. Baran (Supp.) 18. The United States Trustee Program Charles E. “Sketch” Rendlen, III Nancy J. Gargula (Supp.) 19. Bankruptcy Filing—Electronic Case Filing Dana C. McWay, Sandra F. Louis, Paula C. Acconcia, and Roberta Kostrow Gary D. Streeting (Supp.) Details and Price 2 vols. (2nd ed. 2007) 1,040 pp. plus 2010 Supp., 198 pp. $245 Full-Text CD-ROM

14 MoBarCLE Publications Business Transitions The first book published
in the MoBar CLE’s Business and Corporate Law Series, Missouri Business Transitions guides the practitioner through the changes in the life of a business. This book will help you help your clients reach their goals. The authors explain tax considerations and estate planning aspects and highlight dissolution, liquidation, sale, and merger issues. And the 2009 supplement includes statutory updates, including the American Recovery and Reinvestment Act of 2009; new sections on freeze-out mergers, nonsolicitation covenants, and corporate reoganization of iden- tically owned corporations; and new sections discussing the state of the economy. The book includes a full-text, fully searchable CD-ROM that also includes over 100 pages of sample forms and checklists. For a list of the forms on the CD-ROM, visit our online CLE Publications Bookstore at www.mobarcle.org. Corporate Organization and Operation Missouri Corporate Organization and Operation provides practical direction through the potential pitfalls of setting up and operating a corporation. This book equips the practitioner to handle tax, financing, and control issues and to advise clients on officer, director, and shareholder duties, rights, responsibilities, and liability. Learn the advantages and disadvantages of debt and equity financing, exemptions to securities registration, and about the Sarbanes-Oxley Act. Read an analysis of incorporating in Missouri versus incorporating in Delaware. The book includes a full-text, fully searchable CD-ROM that also includes sample forms and checklists. For a list of the forms on the CD-ROM, visit our online CLE Publications Bookstore at www. mobarcle.org. Contents 1. General Considerations Benjamin H. Hulsey and Thomas E. Proost Full-Text CD-ROM Full-Text CD-ROM 10. Taxable Sale or Acquisition of a Corporation Ben W. Hobert Molly J. Maurin (Supp.) 11. Nontaxable Acquisition or Disposition of a Corporation George F. Crawford and Christopher C. Fairchild Ben W. Hobert and Molly J. Maurin (Supp.) Details and Price (2005) 672 pp. plus 2009 Supp., 73 pp. $195 Contents 1. Internal Corporate Readjustments Richard N. Nixon, John W. Finger, and J. Kyle McCurry Jason L. Nonnemaker (Supp.) 2. Tax Law Governing Internal Corporate Readjustments John P. Barrie and Dana A. Lasley 8. Fiduciary Duties, Rights, and Responsibilities Michael L. McCann and Kristine M. Becker Emily Marriott Taylor (Supp.) 9. Tax Aspects of Corporate Operation John W. Simpson 10. Foreign Corporations Susan Z. Gamble Details and Price (2005) 466 pp. plus 2009 Supp., 31 pp. $195 3. Estate Planning Aspects Kimberly S. Zellmer Christine H. DeMarea (Supp.) 4. Corporate Law Aspects of Voluntary Dissolutions and Liquidations Dale A. Werts and Sean A. Power Kristen V. Toner (Supp.) 5. Involuntary Dissolutions and Liquidations Richard W. Engel, Jr. and David W. Braswell Callan F. Yeoman (Supp.) 6. Tax Aspects of Corporate Liquidations Dana A. Lasley 7. Patterns of Sale Jacob C. Young, III, Michael J. Van Dyke, and Mitchell E. Albert 8. Sale or Merger Geetha Rao Sant 9. Securities Law Aspects of Corporate Reorganizations Mark D. Murphy 2. Articles of Incorporation and Bylaws Peter Mirakian, III 3. Tax Considerations of Organizing a Corporation Kenneth K. Wright 4. General Corporate Actions and Operations Daniel A. Peterson 5. Financing the Business Mark L. Stoneman 6. Securities Regulation Kathleen S. Schoene, Steven E. Pozaric, and Meredith M. Todd Joseph S. von Kaenel and Jill R. Polk (Supp.) 7. Selection of Control Mechanisms Dale A. Werts and Sean A. Power Kristen V. Toner (Supp.)

15 MoBarCLE Publications Specialized Business Entities Missouri Specialized Business
Entities navigates the alphabet soup of business entities: S corporations, C corporations, PCs, LLCs, LPs, LLPs, LLLPs, and others. Learn the attributes of these and other entities and when each is advisable for you or your client. This publication explains the differences in tax treatment and liability and even provides estate planning and business valuation guidance. It discusses the legal, tax, business, and management considerations you need to weigh. You’ll learn the 10 instances when the transfers of shares of a Missouri SCC are not subject to a right of first refusal, the 5 items that must be listed on a certificate of limited partnership, and the 2 major types of tests to be applied when considering a request for substantive consoli- dation of related entities. You’ll be guided through the formation of a nonprofit corporation and discover whether Missouri law requires an LLP engaging in the business of pro- viding professional services to carry malpractice liability insurance. The book includes a full-text, fully searchable CD-ROM that Full-Text CD-ROM Contents 1. Selection of a Business Entity Benjamin H. Hulsey and Thomas E. Proost 2. Nonprofit Corporations James R. Dankenbring and James R. Loranger 3. Professional Corporations Joseph P. Giljum 4. Partnerships Guy A. Schmitz and Larry K. Harris Joseph D. Demko (Supp.) 5. Limited Liability Companies James M. Selle and William F. Koenigsdorf 6. Limited Liability Partnerships Philip N. Krause 7. Statutory Close Corporations James R. Dankenbring and James R. Loranger 8. Estate Planning for Shareholders of Closely Held Corporations Lawrence Brody and Dave Cornfeld Business and Corporate Law Series • Business Transitions • Corporate Organization and Operation • Specialized Business Entities Purchase all three for $485! A $100 savings! Call 1-888-253-6013. also includes sample forms and checklists. For a list of the forms on the CD-ROM, visit our online CLE Publications Bookstore at www. mobarcle.org. 9. Special Purpose Entities Richard W. Engel, Jr. and Bruce D. LeMoine 10. Planning Employee Benefits Thomas R. Brous and Philip C. McKnight Thomas R. Dowling (Supp.) Detail and Price (2006) 527 pp. plus 2009 Supp., 53 pp. $195

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

17 3. Jurisdiction, Venue, and Service Brian J. Doherty 4.
Pleadings Susan Ford Robertson Christian L. Faiella (Supp.) 5. Settlement Procedures Karl W. Blanchard, Jr. and Phillip D. Greathouse 6. Organizing the File and Final Trial Preparations Thomas G. Strong and Jeffrey W. Bates Keith A. Cutler (Supp.) 7. Voir Dire and Jury Selection Stephen R. Woodley Thomas K. Neill (Supp.) 8. The Opening Statement Thomas C. DeVoto 9. Presenting the Evidence Paul J. Passanante 10. Cross-Examination Gary B. Brewer 11. Making and Preserving the Record Valerie G. Lipic 12. Instructions James W. Erwin 13. Final Argument Jack D. Rowe and Patrick M. Gavin 14. Motions for New Trial in Civil Jury Cases P. Pierre Dominique and J. Christopher Spangler 15. Nonjury Trials John E. Cozean 16. Expert Witnesses Valerie G. Lipic MoBarCLE Publications Civil Trial Practice From initial contacts with the client and investigating the case through instructions and final argu- ments, this deskbook gives practical step-by-step advice on how to prepare and conduct civil trials in Missouri. Separate chapters on voir dire and jury selection, file organization and final preparations, pleadings, expert witnesses, and many other topics make this book a must have for trial lawyers. Written by skilled Missouri attorneys, this book contains many forms and checklists—including a forms CD-ROM—and is an invalu- able guide through litigation. The book includes three new sample fee agreement forms prepared by The Missouri Bar Fee Dispute Resolution Committee, the Office of Chief Disci- plinary Counsel, and The Bar Plan. The 2008 supplement includes the December 2008 updates to these forms along with changes to the venue statutes, MAIs, and the Rules of Civil Proce- dure. For a list of forms on the CD-ROM, visit our online CLE Publications Bookstore at www. mobarcle.org. Contents 1. Initial Contacts With the Client Dale C. Doerhoff 2. Investigation and Preparation William W. Francis, Jr. Forms on CD-ROM Details and Price (3rd ed. 2002) 557 pp. plus 2008 Supp., 104 pp. $195 MoBarCLE publications are available online. See page 50 for details

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

19 Construction Law The unique and technical character
of the construction industry and the law surrounding it create complex considerations and problems for owners, contractors, design professionals, and the attorneys who represent them. In this deskbook, promi- nent and experienced construction law attorneys provide practical and comprehensive guidance for the difficult issues that arise before, during, and after the construction process on topics ranging from bidding to bonds to employment issues. Marc T. Richardson served as the chair of this successful second edition. For a list of the forms on the CD- ROM, visit our online CLE Publica- tions Bookstore at www.mobarcle. org. Contents 1. Construction Contracts: Risk-Shifting Devices Richard A. Stockenberg William S. Thomas, Derek P. Ruzicka, and Katrina L. Smeltzer (Supp.) 2. Bidding—Federal and State Procurements Susan Linden McGreevy and Paul J. Odum Michael E. Callahan and Kurtis L. John (Supp.) 3. Legal Issues in Design/Build G. William Quatman 4. Construction Insurance Terry J. Galganski 5. Prompt Payment Acts: Missouri and Federal Sherman A. Botts and Kenton E. Snow Forms on CD-ROM Details and Price 2 vols. (2nd ed. 2004) 966 pp. plus 2009 Supp., 165 pp. $245 6. Building Regulations Thomas J. Niemann, Bernard A. Reinert, and John W. Rourke Benjamin J. Hegvik (Supp.) 7. Environmental Issues Rudolf H. Beese 8. Change, Time, and Termination Matthew R. Hale 9. Missouri Mechanic’s Liens and Other Construction Liens Robert J. Guinness 10. Performance, Payment, and Bid Bonds Bernard L. Balkin and Keith Witten 11. Liability of Design Professionals Kenneth A. Slavens 12. Contractor Delay, Disruption Claims, and Damages Rod L. Eisenhauer and Duane J. Fox Gregory S. Gerstner (Supp.) 13. Dispute Avoidance and Alternative Dispute Resolution Samuel M. Wendt Fredrick J. Ludwig (Supp.) 14. Bankruptcy and Construction J. Dennis O’Leary and Lester J. Hubble 15. Labor and Employment Law Issues for the Construction Industry W. Terrence Kilroy, Julie A. Elston, and David M. Kight Jay M. Dade (Supp.) 16. Indefinite Delivery Contracts Denise E. Farris MoBarCLE Publications

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

21 MoBarCLE Publications Contracts Missouri Contracts is a compre-
hensive resource on contract law in Missouri. It provides answers to your most pressing questions. What are the requirements for a valid contract? What are the elements of breach of contract? What are the defenses to breach of contract? What are the nuts and bolts of litigating a breach-of-contract claim? When must a contract be in writing? How do you measure damages for breach of contract? When can specific performance be required? How have courts handled the issues that arise in third-party ben- eficiary contracts? Can a contract right or obligation be assigned to a third party, and how is that accomplished? What is a quasi-contract, and how have courts handled quasi-contract issues? What special issues should be considered when drafting construction contracts, real estate contracts, and employment contracts? The 2010 Supplement adds new sections on unconscionability and the last antecedent rule. It also answers these questions: Can offer and acceptance be accomplished via e-mail? Are online and software agree-to-terms-of-use agreements Full-Text CD-ROM Contents 1. Formation James F. Freeman, III and Allen G. Jones Holly L. Fisher (Supp.) 2. Interpretation and Construction Bradford B. Lear and Todd C. Werts 3. Enforcement Mark P. Jones 4. Remedies Thomas J. Niemann and John W. Rourke Benjamin J. Hegvik (Supp.) 5. Third-Party Rights Peter H. Love 6. Quasi-Contracts James E. Meadows Details and Price (2007) 311 pp. plus 2010 Supp., 38 pp. $125 enforceable? In what circumstances will a court allow relief for a unilateral mistake? What is the difference between procedural unconscionability and substantive unconscionability? What is an adhesion contract? How should force majeure or escape clauses be drafted to be enforceable? Missouri Contracts comes with a full-text, fully searchable CD-ROM, updated for 2010. Easy Ways to Order 4 Order online: Visit our website and browse our online catalog at www.mobarcle.org Order by phone: Toll-free at 1-888-253-6013 or 573-635-4128 7. Litigating Breach-of-Contract Claims Thomas K. Riley 8. Special Drafting Considerations Susan Linden McGreevy and Paul J. Odum Michael E. Callahan and Kurtis L. John (Supp.) Order by fax: Fax your order to 573-659-8931. Please include your MasterCard, VISA, Discover, or American Express information. Order by mail: Send the completed order form with payment to The Missouri Bar, CLE Department, P.O. Box 119, Jefferson City, MO 65102-0119.

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

23 MoBarCLE Publications Criminal Practice This deskbook covers criminal
practice from arrest through postconviction remedies. It is loaded with practical advice. It provides an overview of the criminal law in Missouri and helpful practice tips, checklists, and forms to guide attorneys through the practical considerations of criminal cases. You’ll find suggested voir dire questions, and the 2005 fourth edition adds an important new chapter on Drug Courts and Mental Health Courts. A full-text, searchable CD-ROM that also contains nearly 100 word-processing forms is included with the book. This 3-volume set is indispensable both for attorneys who regularly practice criminal law and for those who need a quick overview for the occasional criminal case. It is an important research tool, a quick reference, and a vital addition to any Missouri legal library. The 2008 Supplement includes the latest developments in DNA testing, including what must be shown to get testing ordered for potential exonera- tion. The supplement covers enhanced sentencing requirements for repeat DWI offenders and has new sections on selective waiver of attorney-client privilege and work product protection, anticipatory search warrants, mito- chondrial DNA testing, paternity testing, cyber stalking and cyber harassment, credit for time served when determining eligibility for parole, and constitutional issues in “problem-solving” courts like drug courts. The supplement has citations to more than fifty 2008 cases and updates on legislation. Full-Text CD-ROM Contents 1. Arrest and Custodial Detention Matthew J. O’Connor 2. Release From Custody Donald L. Wolff and Paul J. D’Agrosa 3. Investigation and Marshalling the Facts Other Than Formal Discovery James H. Worthington 4. Indictments, Informations, and Grand Jury Proceedings Gregory W. Vleisides and Catherine A. Donnelly 25. Closing Argument Timothy W. Jones 26. After-Trial Motions Phillip R. Gibson and Joseph W. Luby Ellen Y. Suni (Supp.) 27. Sentencing Penny J. Umstattd-Cope 28. Probation, Parole, and Other Alternative Sentences Patricia Harrison 29. Appeals Randall D. Eggert 30. Retrials and Double Jeopardy Kris T. Daniel 31. Post-Conviction Remedies James R. Wyrsch and W. Brian Gaddy Nathan J. Owings and Greg Mermelstein (Supp.) 32. Ethical Considerations Bruce C. Houdek 33. Forfeitures in Criminal Cases H. Morley Swingle 34. Drug Courts and Mental Health Courts Christine Carpenter 5. Representing Clients Before Investigative Bodies Thomas M. Bradshaw and Amy E. Engel Vanessa M. Riebli (Supp.) 6. Preliminary Hearings Robert L. Fleming 7. Discovery by Right or Through Court Action S. Kristina Starke 8. Jurisdiction, Venue, and Disqualification of Judges Robert W. Russell 9. Search and Seizure Ellen Y. Suni Rebecca J. Grosser (Supp.) 10. Identification Gerald M. Handley and Cynthia A. Dryden 11. Statements of a Defendant Randall D. Eggert 12. Miscellaneous Motions (Other Than to Suppress), Proceedings, and Writs Tina M. Crow Halcomb 13. Motions to Dismiss Susan M. Elliott 14. Defenses Kevin P. O’Brien 15. Mental Factors Earl F. Seitz 16. Plea Bargaining Kent E. Gipson 17. Final Trial Preparation by the State Richard G. Callahan 18. Final Trial Preparation for the Defense Dee Wampler and Joseph S. Passanise 19. Misdemeanors Rose Ann Feldman 20. Trials James R. Robison 21. Voir Dire and Jury Selection Sean D. O’Brien 22. Opening Statements Keith M. Bail and Chastidy Dillon-Amelung Linda Lemke (Supp.) 23. Evidence S. Paige Canfield 24. Instructions Sean D. O’Brien Details and Price 3 vols. (4th ed. 2005) 1,574 pp. plus 2008 Supp., 296 pp. $295

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

25 Send to: The Missouri Bar, P.O. Box 119, Jefferson
City, MO 65102-0119, Attn: CLE Department, or FAX (573) 659-8931. Call us at (888) 253-6013. Email us at [email protected] or order online at www.mobarcle.org. Name _______________________________________________________ Missouri Bar No. __________________ Street Address _________________________________________________ E-mail ___________________________ City/State/Zip _________________________________________________ Phone ___________________________ 001 We encourage you to order online, particularly the downloads. But if you want to use the order form below, we will be happy to email you a link to the download. MoBarCLE Guidebooks Order Form Arbitration and Mediation – 120 pages □ Print $39 □ Download $39 □ CD-ROM $39 □ Print and Download $59 □ Print and CD-ROM $59 Civil Commitment Under the Mental Health, Substance Abuse, and Sexually Violent Predator Laws – 64 pages □ Print $39 □ Download $39 □ CD-ROM $39 □ Print and Download $59 □ Print and CD-ROM $59 Defending Boating While Intoxicated Cases – 38 pages □ Print $39 □ Download $39 □ CD-ROM $39 □ Print and Download $59 □ Print and CD-ROM $59 Drafting the Basic Will and Trust – 172 pages □ Print $39 □ Download $39 □ CD-ROM $39 □ Print and Download $59 □ Print and CD-ROM $59 DWI Experts and the Science of Chemical Tests – 85 pages □ Print $39 □ Download $39 □ CD-ROM $39 □ Print and Download $59 □ Print and CD-ROM $59 Environmental Issues and Federal Regulations Affecting Real Estate – 183 pages □ Print $39 □ Download $39 □ CD-ROM $39 □ Print and Download $59 □ Print and CD-ROM $59 Guardianships and Conservatorships of Minors – 44 pages □ Print $39 □ Download $39 □ CD-ROM $39 □ Print and Download $59 □ Print and CD-ROM $59 Home Purchases, Ownership, and Financing – 119 pages □ Print $39 □ Download $39 □ CD-ROM $39 □ Print and Download $59 □ Print and CD-ROM $59 Immigration and Naturalization Practice – 90 pages □ Print $39 □ Download $39 □ CD-ROM $39 □ Print and Download $59 □ Print and CD-ROM $59 Immigration Law Impacts in Family Law – 54 pages □ Print $39 □ Download $39 □ CD-ROM $39 □ Print and Download $59 □ Print and CD-ROM $59 Independent Administration of Estates – 36 pages □ Print $39 □ Download $39 □ CD-ROM $39 □ Print and Download $59 □ Print and CD-ROM $59 Mechanic’s Liens – 92 pages □ Print $39 □ Download $39 □ CD-ROM $39 □ Print and Download $59 □ Print and CD-ROM $59 Military Issues in Family Law – 36 pages □ Print $39 □ Download $39 □ CD-ROM $39 □ Print and Download $59 □ Print and CD-ROM $59 Motor Vehicle Purchasing and Leasing – 63 pages □ Print $39 □ Download $39 □ CD-ROM $39 □ Print and Download $59 □ Print and CD-ROM $59 Personnel Hearings Before Administrative Hearing Agencies – 66 pages □ Print $39 □ Download $39 □ CD-ROM $39 □ Print and Download $59 □ Print and CD-ROM $59 Probate Shortcuts – Dispensing With or Terminating Administration – 41 pages □ Print $39 □ Download $39 □ CD-ROM $39 □ Print and Download $59 □ Print and CD-ROM $59 Real Estate Leasing and Landlord-Tenant Actions and Remedies – 111 pages □ Print $39 □ Download $39 □ CD-ROM $39 □ Print and Download $59 □ Print and CD-ROM $59 Social Security Administration Practice and Procedure – 99 pages □ Print $39 □ Download $39 □ CD-ROM $39 □ Print and Download $59 □ Print and CD-ROM $59 The Sunshine Law – 66 pages □ Print $39 □ Download $39 □ CD-ROM $39 □ Print and Download $59 □ Print and CD-ROM $59 Urban Development, Zoning and Planning, Subdivisions, and Annexation – 307 pages □ Print $39 □ Download $39 □ CD-ROM $39 □ Print and Download $59 □ Print and CD-ROM $59 (If additional space is needed, please attach separate sheet) Discounts on full price orders: (Does not apply to online download orders) 2 titles – 10%; 4 titles – 20%; 6+ titles – 30%  MasterCard  Visa  American Express  Discover  Check (Payable to The Missouri Bar) Credit Card No. __________________________________________ Exp. Date ____________ Authorized Signature ______________________________________________________ 01/11/12 Shipping & Handling: Download . . . . . . . .$0 $0-100. . . . . . . . . . .$10.00 $101-$200. . . . . . . .$15.00 $201-$500 . . . . . . . $25.00 $501 and over. . . . $35.00 Overnight shipping available. Please call 1-888-253-6013 for details. Shipping & Handling _____________ Subtotal _____________ TOTAL ENCLOSED ______________ Discount _____________

City, MO 65102-0119, Attn: CLE Department, or FAX (573) 659-8931. Call us at (888) 253-6013. E-mail us at [email protected] or order online at www.mobarcle.org. Name ____________________________________________________________________________________ Missouri Bar No. _________________ Street Address _____________________________________________________________________________ Phone _________________________ City/State/Zip ___________________________________________________________ E-mail ___________________________________________ Payment:  MasterCard  Visa  Discover  American Express  Check (Payable to The Missouri Bar) Credit Card No. ______________________________________________________________________ Exp. Date _____________________________ Authorized Signature _________________________________________________________________________________________________01/11/12 Shipping & Handling: $0 - $100 $10 $101 - $200 $15 $201 - $500 $25 $501 and over $35 Subtotal $___________ Discount (2 items: 10%; 4: 20%; 6+: 30%) (___________) Total $___________ Shipping and Handling $___________ Grand Total $___________ Title Description Price Quantity Total Administrative Law 2 vols. (4th ed. 2011) 1,546 pp. $245 Adoption Law and Practice (2004) 166 pp. & 2008 Supp., 23 pp. $125 Appellate Court Practice (5th ed. 2002) 480 pp. & 2007 Supp., 207 pp. $195 Bankruptcy Practice 2 vols. (2nd ed. 2007) 1,040 pp. & 2010 Supp., 198 pp. $245 Business Transitions (2005) 672 pp. & 2009 Supp., 73 pp. $195 Civil Procedure 2 vols. (3rd ed. 2007) 1,289 pp. $245 Civil Trial Practice (3rd ed. 2002) 557 pp. & 2008 Supp., 104 pp. $195 Condemnation Practice (4th ed. 2009) 489 pp. $195 Construction Law 2 vols. (2nd ed. 2004) 966 pp. & 2009 Supp., 165 pp. $245 Consumer Law and Practice (3rd ed. 2010) 596 pp. $195 Contracts (2007) 311 pp. & 2010 Supp., 38 pp. $125 Corporate Organization and Operation (2005) 466 pp. & 2009 Supp., 31 pp. $195 Creditors’ Remedies (6th ed. 2009) 391 pp. $195 Criminal Practice 3 vols. (4th ed. 2005) 1,574 pp. & 2008 Supp., 296 pp. $295 Damages 2 vols. (2nd ed. 2001) 852 pp. & 2005 C. Supp., 191 pp. $245 Discovery (2003) 196 pp. & 2007 Supp., 24 pp. $125 DWI Law and Practice (2004) 615 pp. & 2010 C. Supp., 283 pp. $195 Elder Law (2nd ed. 2010) 669 pp. $195 Estate Administration 2 vols. (5th ed. 2010) 1,043 pp. $245 Estate Planning 2 vols. (3rd ed. 2009) 1,267 pp. $245 Evidence (5th ed. 2006) 568 pp. & 2010 Supp, 114 pp.. $195 Evidence Restated (4th ed. 2012), approx. 700 pp. $195 Family Law 2 vols. (6th ed. 2004) 1,278 pp. & 2009 C. Supp., 268 pp. $245 Insurance Practice 2 vols. (5th ed. 2004) 919 pp. & 2010 Supp., 267 pp. $245 Juvenile Law (4th ed. 2011) 739 pp. $195 Litigation Settlements (2nd ed. 2001) 441 pp. & 2009 C. Supp., 225 pp. $195 Local Government Law 2 vols. (3rd ed. 2002) 825 pp. & 2008 Supp., 201 pp. $245 Real Estate Financing, Liens, and Foreclosure (2011) 532 pp. $195 Real Estate Fundamentals: Acquisition, Title, Interests, and Conveyancing (2011) 563 pp. $195 School Law (2003) 156 pp. & 2008 Supp., 64 pp. $125 Sources of Proof (4th ed. 2001) 474 pp. & 2009 C. Supp. 100 pp. $195 Specialized Business Entities (2006) 527 pp. & 2009 Supp., 53 pp. $195 Tort Law 2 vols. (3rd ed. 2003) 974 pp. & 2010 C. Supp. 204 pp. $245 Trusts, Powers of Attorney, Custodianships & Nonprobate 2 vols. (2nd ed. 2006) 953 pp. & 2010 Supp., 47 pp. $245 Workers’ Compensation Law 2 vols. (3rd ed. 2004) 683 pp. & 2008 C. Supp., 214 pp. $245 MoBarCLE Deskbook Order Form 001

City, MO 65102-0119, Attn: CLE Department, or FAX (573) 659-8931. Call us at (888) 253-6013. E-mail us at [email protected] or order online at www.mobarcle.org. Name ____________________________________________________________________________________ Missouri Bar No. _________________ Street Address ______________________________________________________________________________ Phone _________________________ City/State/Zip ______________________________________________________________ E-mail _________________________________________ Payment:  MasterCard  Visa  Discover  American Express  Check (Payable to The Missouri Bar) Credit Card No. _________________________________________________________________________ Exp. Date __________________________ Billing Address _____________________________________________________________________________________________________________ Authorized Signature _________________________________________________________________________________________________01/11/12 Shipping & Handling: $0 - $100 $10 $101 - $200 $15 $201 - $500 $25 $501 and over $35 Subtotal $___________ Discount (2 items: 10%; 4: 20%; 6+: 30%) (___________) Total $___________ Shipping and Handling $___________ Grand Total $___________ 001 MoBarCLE Publications Supplement Only Order Form 51 Ye a r s o f Ex c e l l e n c e C L E MoBar www.mobarcle.org Deskbook Edition Supp Year Supp Price Quantity Total Adoption Law and Practice (2004) 2008 $45 Appellate Court Practice (5th ed. 2002) 2007 $65 Bankruptcy Practice (2nd ed. 2007) 2010 $75 Business Transitions (2005) 2009 $65 Civil Trial Practice (3rd ed. 2002) 2008 $65 Construction Law (2nd ed. 2004) 2009 $75 Contracts (2007) 2010 $45 Corporate Organization and Operation (2005) 2009 $65 Criminal Practice (4th ed. 2005) 2008 $85 Damages (2nd ed. 2001) 2005 $75 Discovery (2003) 2007 $45 DWI Law and Practice (2004) 2010 $65 Evidence (5th ed. 2006) 2010 $65 Family Law (6th ed. 2004) 2009 $75 Insurance Practice (5th ed. 2004) 2010 $75 Litigation Settlements (2nd ed. 2001) 2009 $65 Local Government Law (3rd ed. 2002) 2008 $75 School Law (2003) 2008 $45 Sources of Proof (4th ed. 2001) 2009 $65 Specialized Business Entities (2006) 2009 $65 Tort Law (3rd ed. 2003) 2010 $75 Trusts, Powers of Atty., Custodianships & Nonprobate (2nd ed. 2006) 2010 $75 Workers’ Compensation Law (3rd ed. 2004) 2008 $85

28  I would like to volunteer to serve as
a speaker*  I would like to volunteer to serve as a commentator*  I would like to volunteer to serve as a moderator*  I would like to volunteer to serve as an author*  I would like to volunteer to serve as a reviewer* Name _______________________________________________________________________________________________________ Firm Name ___________________________________________________________________________________________________ Address _____________________________________________________________________________________________________ E-mail ____________________________________ Phone ____________________________________ Bar # ___________________ # Years of Practice _______________ Areas of Practice _______________________________________________________________ Today’s Date ___________________ Please list the topics that you would be interested in assisting with as a speaker, moderator or commentator. We make every effort to match volunteers to programs of their choice. Program areas I would like to speak about: _______________________________________________________ Programs I would like to moderate: _______________________________________________________ Programs I would like to commentate: _______________________________________________________ Have you ever participated in a CLE seminar program activity?  Yes  No If yes, what year and topic did you participate in? _______________________________________________________ Are you willing to travel to the various cities where seminars/video replays are held?  Yes  No If yes, please check the cities to which you would be willing to travel.  Columbia  Cape Girardeau  Jefferson City  Kansas City  Lake Ozark  Springfield  St. Charles  St. Joseph  St. Louis  Other ______________________________ * Speakers make substantive continuing legal education presentations and submit course materials for programs and conferences. * Moderators make speaker introductions and keep the CLE programs running smoothly. * Commentators introduce video replays, monitor and run DVDs, and keep the CLE programs running smoothly. * Authors write chapters for deskbooks. * Reviewers review chapters written by others for substantive law accuracy. Please list MoBarCLE deskbook topics that you would be interested in working on. Topics I would like to author: _______________________________________________________ Topics I would like to review: _______________________________________________________ Have you ever participated as an author of a deskbook?  Yes  No If yes, what year and topic? _______________________________________________________ Have you ever participated as a reviewer of a deskbook?  Yes  No If yes, what year and topic? _______________________________________________________ Return to: CLE Department P.O. Box 119, Jefferson City, MO 65102-0119 FAX: 573-659-8931 MoBar 50 Years of Excellence C L E www.mobarcle.org CLE VOLUNTEER SPEAKER, MODERATOR, COMMENTATOR, AUTHOR & REVIEWER

29 MoBarCLE Publications Discovery Missouri Discovery covers a cru-
cial aspect of trial practice and is an important component of the Mo- BarCLE library. The authors begin with in-depth coverage of the scope of discovery and continue with chapters focusing on the various discovery methods as shown in the table of contents below. Attorneys of all experience levels will benefit from the practical, well-organized discussion of court rules and caselaw, making the book a handy reference and important resource. Included with the book is a CD- ROM containing the sample forms in the deskbook. For a list of the forms on the CD-ROM, visit our online CLE Publications Bookstore at www.mobarcle.org. Forms on CD-ROM Contents 1. Introduction Katherine Clendenin Lemley Seema Chawla (Supp.) 2. Scope of Discovery Katherine Clendenin Lemley Seema Chawla (Supp.) 3. Interrogatories Katherine Clendenin Lemley Seema Chawla (Supp.) Details and Price (2003) 196 pp. plus 2007 Supp., 24 pp. $125 4. Depositions Katherine Clendenin Lemley Seema Chawla (Supp.) 5. Discovering Evidence for Trial Through Production of Documents and Things and Entry Upon Land R. Denise Henning Jeff R. Scurlock (Supp.) 6. Discovering Evidence for Trial Through Requests for Admission R. Denise Henning Jeff R. Scurlock (Supp.) 7. Discovering Evidence for Trial Through Physical and Mental Examinations R. Denise Henning Jeff R. Scurlock (Supp.) 8. Miscellaneous Matters Katherine Clendenin Lemley Seema Chawla (Supp.) 9. Forms Katherine Clendenin Lemley Seema Chawla (Supp.) Feedback and Suggestions Do you have an idea for a new MoBarCLE publication or a suggestion for improving an existing one? Have you found an error in one of our books? Would you like information on becoming an author or reviewer of a MoBarCLE publication? E-mail your comments or requests to [email protected] or call (573) 635-4128.

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

31 MoBarCLE Publications Elder Law Elder law is
an important and fast- developing area of the law. MoBarCLE has answered the call for information and sharing of expertise in this area with Mis- souri Elder Law. This deskbook provides practical advice on setting up and managing an elder law practice, including sample forms and checklists, and for advising clients on available options and services. The comprehensive chapter on retirement benefits includes sections on Social Security, railroad retirement, military retirement, government pensions, ERISA, deferred compensation, and nonprofits. Learn about the types of trusts available to help your clients and the benefits and features of those trusts, including special needs trusts and d4A trusts. Find a chapter dedicated to the areas of income tax law that have special application to the elderly or that might be of particular interest to them. Chapter 5 contains a thorough, clear summary of the Medicare programs, including Part D prescription drug coverage. The chapter includes practical tips and discussion of what is covered, the appeals process, and time limits. Learn how to better advise your clients to plan for and pay for long-term care with information on what costs to plan for, long-term-care insurance, other resources available, tax implications, and an algorithm for computing the cost of long-term care. Find coverage of major changes in Medicaid and MO HealthNet, including what is covered and eligibility requirements. Find coverage of family rights and responsibilities that arise in the elder law setting, the FMLA, and ethical issues that attorneys need to consider when working in this area. Chapter 9 includes a straightforward discussion of powers of attorney, including sample language for specific powers, and covers financial powers of attorney, durable powers of attorney for health care, and health care and life support declarations. The deskbook also includes a chapter that walks you through the process of appointing a guardian or conservator and of administering a guardianship or conservatorship. You will find chapters on nursing home residents’ rights and on elder abuse and neglect that include Full Text CD-ROM Contents 1. Managing the Elder Law Practice Lois M. Zerrer 2. Retirement Benefits Simone Haberstock McCartney and James Francis McCartney 3. Using Trusts for Persons Who Are Elderly or Have a Disability Craig C. Reaves 4. Income Tax Planning and Issues Joseph Haverstick 5. Medicare and Supplemental Health Insurance Barbara J. Gilchrist and Reginald H. Turnbull 6. Planning and Paying for Long-Term Care David S. Purcell 7. MO HealthNet Julie A. Berkowitz 8. Family Rights and Responsibilities Barbara E. Hecht, Bruce E. Friedman, and David W. Whipple 9. Planning for Incapacity With Powers of Attorney Janet Nava Bandera 10. Guardianship and Conservatorship Martha C. Brown discussions of remedies, penalties, indicators, and protections available. You will also find chapters to help you advise your clients on housing alternatives and home and community-based services, including the Missouri Aging Information Network and the Missouri Rx Plan (MoRx). This deskbook contains many lists of available resources, including online resources. Included with the book is a full-text, fully searchable CD-ROM that also includes the sample forms in the deskbook.For a list of the forms on the CD-ROM, visit our online CLE Publica- tions Bookstore at www.mobarcle.org. 11. Nursing Home Residents’ Rights Derek H. Pottts and Patricia L. Campbell 12. Elder Abuse and Neglect Karen C. Warren 13. Housing Alternatives John J. Ammann 14. Home and Community-Based Services David P. Sykora and Margaret L. Stansbury Details and Price (2nd ed. 2010) 669 pp. $195

32 MoBarCLE Publications Estate Administration Full-Text CD-ROM Estate Administration
answers your most pressing questions about estate administration. What actions should be filed in the probate division? What actions must be filed in the circuit division? Over which matters is there concurrent jurisdiction? Which Rules of Civil Proce- dure apply to probate proceedings and when? What special procedures are available to handle a small or simple estate? What rights do a surviving spouse and children have in the estate? What are the personal representative`s responsibilities? When can the personal representative be held liable for actions taken and decisions made regarding the estate? What if the decedent left a business that needs to be taken care of? What rights do the decedent`s creditors have? What is the procedure for filing a claim? In what order of priority should the decedent`s debts be paid? What if the decedent has property in more than one state? What is done differently in an independent administration? Who may contest a will or nonprobate transfer and on what grounds, and what are the procedures? What about a claim for tortious interference with an inheritance expec- tancy? What rules of construction apply to wills? How are ambiguities resolved? What if a client has been cheated out of an inheritance but doesn`t find out until after all the time limits for challenging the probate administration have expired? What is a standby guardian? Find practical advice about the begin- ning of the probate process, such as time limits, things that must be included in the applications for letters, and how to obtain a will from a safe deposit box. Find sections on removal of a personal representative, contempt (including the possibility that the attorney may be found in contempt), proceedings before probate commissioners, and interpretation and construction of trusts under the MUTC. Find chapters on guardianship and conservatorship of incapacitated persons and of minors. This companion volume to Trusts, Powers of Attorney, Custodianships, and Nonprobate Matters and Estate Planning provides essential assistance to attorneys through the estate administration process. A full-text, searchable CD-ROM that also contains the sample forms is included with the book. 16. Civil Commitment Under the Mental Health, Substance Abuse, and Sexually Violent Predator Laws Daniel P. Wheeler 17. Will Contests Thomas L. Lasley 18. Construction and Interpretation of Wills and Trusts Katherine J. Bailes and Nicole R. Piskuric 19. Contested Claims Kent W. Minton 20. Discovery of Assets Rebbecca Lake Wood 21. Actions Under the Nonprobate Transfers Law—Chapter 461 Clifford S. Brown 22. Objections to Final Settlement of Fiduciary David E. Elliott 23. Duties and Liability of Estate Fiduciaries Robert J. Selsor and Elizabeth Halaz 24. Actions for Fraud Under the Probate Code Karen E. Hajicek 25. Litigation Settlements in Probate Matters Dan C. Sturdevant Contents 1. Probate Jurisdiction and Venue Kim S. Summers 2. Dispensing With or Terminating Administration Thomas G. Glick 3. Applications for Letters, Qualifications of Representatives, and Bonds Evelyn Gwin Mangan 4. Initial Responsibilities of the Personal Representative Charles E. Taylor and John R. Gunn 5. Collection and Management of Assets Kathleen A. Forsyth and S. Margene Burnett 6. Sales, Mortgages, Leases, and Exchanges Bennett S. Keller, Scott H. Malin, and Brooke R. Perlyn 7. Claims Against the Estate, Survival of Actions, and Wrongful Death Vanita R. Massey 8. Exempt Property, Family Allowance, Homestead, and Election to Take Against the Will Mary S. Shafer 9. Settlements, Distribution, and Discharge Brian E. Hamburg 10. Establishing Fact of Death and Fact of Simultaneous Death Jennifer K. Huckfeldt 11. Multi-State Administration and Alien-Oriented Probate Law David G. Watkins, Charles F. Jensen, and Samuel Wilkerson 12. Independent Administration Buford L. Farrington and Scott R. Manuel 13. Guardianship of Incapacitated Persons Ann F. Snitzer 14. Conservatorship of Disabled Persons Thomas G. Glick and Bart B. Zuckerman 15. Guardianships and Conservatorships of Minors Paul K. Parkinson Details and Price 2 vols. (5th ed. 2010), 1,043 pp. $245

33 MoBarCLE Publications Estate Planning Trusts and Estate Series
• Estate Administration • Estate Planning • Trusts, Powers of Attorney, Custodianships, and Nonprobate Matters Purchase all three for $585! A $150 savings! Call 1-888-253-6013 Full-Text CD-ROM Estate Planning is a practical, indispensable deskbook for those attorneys practicing estate planning—and especially for those who don`t practice it regularly. This two- volume set is a companion to Trusts, Powers of Attorney, Custodianships, and Nonprobate Matters and Estate Administration and includes several chapters on specific planning and drafting issues as shown in the table of contents below. The experienced and knowl- edgeable authors provide a wide range of coverage, from handling a modest estate to the ins and outs of family businesses. The book includes practice tips, checklists, and techniques as well as nearly 50 sample forms—many with comments and annotations—that can be adapted to a client`s specific needs. Get practical advice on understanding and relating to clients, ethical considerations—what they are and what to do about them, preparation and safekeeping of documents—even ideas for what paper to use, advantages and disadvantages of joint tenancy, and how and when to find a trust. Find information on special needs trusts, disclaimer trusts, dynasty trusts, and incentive trusts; IRS treatment of family limited partnerships and LLCs; what to do with life insurance; and planning for retirement benefits. A full-text, searchable CD-ROM that also contains the sample forms is included with the book. For a list of the forms on the CD-ROM, visit our online CLE Publications Bookstore at www.mobarcle.org. Contents 1. The Client Planning Conference Michael P. Gunn 2. Planning, Preparation, and Execution of Wills and Trusts Stephen F. Aton 14. Antenuptial and Postnuptial Agreements Bhavik R. Patel 15. Planning With Qualified Plans and Individual Retirement Accounts Gayle Evans 16. Funding Revocable Living Trusts Mary Ellen Simmons Details and Price 2 vols. (3rd ed. 2009) 1,267 pp. $245 3. Drafting the Basic Will and Trust Emily J. Kembell 4. Drafting a Marital Deduction Will and a Marital Deduction Trust Mary Nan Dupont and Edward A. Setzler 5. Planning for Minors, Elderly, and Disabled Persons Julie A. Berkowitz and Christine A. Gilsinan 6. Planning and Techniques for Making Gifts Bhavik R. Patel 7. Charitable Contribution Techniques and Planning Scot W. Boulton 8. Forms of Property Ownership Edgar T. Farmer 9. Estate Planning for Family Business Owners Gayle Evans 10. Drafting Family Limited Partnerships and Family Limited Liability Companies Gary A. Powell 11. Drafting Business Purchase and Restrictive Transfer Agreements (“Buy/Sell Agreements”) Orren S. Adams and Adam W. Randle 12. Planning Opportunities With Life Insurance Volunteers and Staff 13. Miscellaneous Estate Planning Techniques Thomas D. Peebles, Jr.

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

35 MoBarCLE Publications Evidence Restated You need this book
if you’re going to practice law in Missouri. Missouri is one of the few states that does not have an evidence code or stated rules of evidence. As a practical guide for Missouri lawyers and judges, Evidence Restated melds Missouri evidence law as it has developed in cases, statutes, and other authorities with the format and style of the Federal Rules of Evidence to provide practical materials in this vital area. Associate Dean Jeffrey Berman has continued the work of the late Dean and Professor Emeritus Patrick Kelly. Each section states the rule of evidence set forth in Missouri cases, statutes and other authorities, Following the sections are comprehensive notes with explanations, case and statute summaries, and comparisons to the federal rules. A committee of practicing attorneys from across the state reviewed each submission to ensure clarity and accuracy. For ease of use, Evidence Restated is tabbed to correspond with the Federal Rules of Evidence, making it Contents 1. General Provisions 2. Judicial Notice 3. Presumptions 4. Relevancy and Its Limits 5. Privileges 6. Witnesses 7. Opinions and Expert Testimony 8. Hearsay Details and Price (4th ed. 2012) approx. 700 pp. $195 MoBarCLE publications are developed specifically for Missouri attorneys. Because these books cover Missouri law, they save you time, make your work easier, and make you more productive. If you’re not using MoBarCLE publications, your competition may know something you don’t. Let MoBarCLE publications help you. www.facebook.com/mobarcle Find MoBarCLE on: www.youtube.com/mobarcle www.twitter.com/mobarcle a ready reference for Missouri lawyers and judges. This is the evidence book you’ve been looking for. Included with the book is a full-text, fully searchable CD-ROM. Purchasers may transfer the book to a laptop or mobile device for their own individual use. 9. Authentication and Identification 10. Contents of Writings and Recordings Full-Text CD-ROM New Edition

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

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

38 MoBarCLE Publications Juvenile Law You need this book.
The Juvenile Court Rules have been reorganized, renumbered, and expanded, so you need this book to have the current information. Juvenile law covers a wide range. Some of it involves the actions of parents (abuse and neglect, termination of parental rights); some of it involves the actions of the child (delinquency, status offenses). And though some of the law and the rules are similar to those that apply to adults, much of juvenile practice is very specialized because of the different philosophy of juvenile law, which is nicely covered by our authors. So you need this book. This deskbook brings together the statutes and the Rules that address the same procedures. Having them cited together will save you so much time that would be spent flipping back and forth or switching screens between the two sources trying to get the complete picture. And that’s not to mention the cases that are on point. This is the basic purpose of a deskbook, so you need this book. Our highly qualified authors have experience as practitioners, professors, and directors of clinics for families and children; working in the Protective Services Unit of the Department of Social Services and as legal counsel for juvenile officers; and as family court commissioners, judges, and prosecutors. So you need this book. This deskbook has chapters on treatment alternatives and extra features, including lists of additional resources, sample forms, checklists, and directories. If you are a juvenile officer, an attorney who may be appointed as a GAL, a family law attorney, juvenile or family court judge or commissioner, criminal law Full-Text CD-ROM Contents 1. The Juvenile Office Mary Kay O’Malley 2. Right to Counsel and Role of Counsel Teresa Rieger Housholder 3. Rights of the Child Lara M. Underwood 4. Rights of Parents and Custodians Kelly J. DeLuca 5. Rights of Victims and Witnesses in Delinquency Proceedings Elizabeth K. Magee and Christopher D. Wilson 6. Child Abuse and Neglect Douglas E. Abrams 7. Delinquency Melissa L. McAllister 8. Status Offenses Bradley P. Grill 9. Termination of Parental Rights Mary Kay O’Malley 10. Jurisdiction and Venue Patricia A. Harrison 11. Special Juvenile Court Jurisdiction Issues Penny J. Umstattd-Cope 12. Prehearing Procedures Brian Sinclair 13. Miscellaneous Motions, Examinations, and Records Maureen M. Monaghan 14. Prosecution Under General Law Daniel G. Barry 15. Conduct of Hearing Sara C. Michael 16. Treatment Alternatives— Delinquency Geoffrey E. Allen 17. Treatment Alternatives—Neglect and Abuse Lora E. Cooper 18. Interagency Cooperation and Continued Supervision James D. Beck Details and Price (4th ed. 2011) 739 pp. $195 New Edition attorney or prosecutor, or anyone who may become involved in a matter concerning a juvenile, you need this book. Included with the book is a full-text, fully searchable CD-ROM that also includes the sample forms in the deskbook. Purchasers may transfer the book to a laptop or mobile device for their own individual use.

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

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

41 MoBarCLE Publications Real Estate Financing, Liens and Foreclosure
Real Estate Financing, Liens, and Foreclosures provides broad coverage of a variety of financing types, including the traditional deed of trust. You’ll find practical step-by-step advice, and you will benefit from the authors’ extensive experience. The book includes several sections on construction loans and tax considerations as well as sample forms and checklists. Find step-by-step procedures for mechanic’s liens, checklists, sample forms, and discussion of new notice provisions. Also find a straightforward discussion of how tax liens are created, their priority, enforcement, notice, due process, redemption rights, and release or discharge. There are even discussions of judgment liens and Medicaid liens. The chapter on Usury and Truth in Lending details which charges are and are not considered “interest,” sets out truth in lending requirements, and discusses the Equal Credit Opportunity Act, the Fair Credit Reporting Act, and unfair and deceptive credit practices. The book ends with a foreclosure chapter that explains obstacles to foreclosure, a trustee’s responsibilities, notice requirements, the mechanics of the sale, and redemption rights. The chapter also includes sample forms. The deskbook includes a full-text CD-ROM that also includes the sample Full-Text CD-ROM Contents 1. Real Estate Financing John P. McNearney 2. Deeds of Trust and Security Instruments J. Worthen DeYoung 3. Mechanic’s Liens Sherman A. Botts 4. Federal and State Tax Liens and Other Statutory Liens David N. Zimmerman 5. Jones-Munger Tax Lien Foreclosures Betsy A. Blake, Phillip K. Gebhardt, and Robert J. Guinness 6. Usury and Truth in Lending Catherine M. Hauber and C. Robert Monroe 7. Foreclosure Jeffrey T. Weisman Principles of Civility It is the duty of each lawyer to engage in conduct that brings dignity to and promotes civility in the profession. Toward that end, each lawyer shall be: Respectful, Trustworthy, Courteous and Cooperative in all dealings with judges, lawyers, clients, and other members of the public that they serve. Details and Price (2011) 532 pp. $195 forms in the deskbook. Purchasers may transfer the book to a laptop or mobile device for their own individual use.

42 MoBarCLE Publications Real Estate Fundamentals: Acquisition, Title, Interests, and
Conveyancing Real Estate Fundamentals: Acquisi- tion, Title, Interests, and Conveyanc- ing begins with step-by-step guidance about what is involved in a title search. You’ll find checklists for title searches and for examining abstracts and title commitments. Also find a list of title defects that might not be of record and sections on how to cure title defects. Anyone working with title insurance will benefit from the tile insurance chapter, which covers changes to the ALTA forms and includes a title insurance checklist. There is yet another checklist of things to consider when drafting or reviewing a sales contract. The chapter on real property exchanges makes this technical tax issue more under- standable with examples and charts. And the deeds chapter includes a checklist and samples of various kinds of deeds. Then come chapters on adverse possession, quiet title actions, and partition. The quiet title chapter includes a checklist and 10 sample forms. The easement chapter answers all of your questions: What is an ap- purtenant easement? An easement in gross? Is the easement affirmative or negative? Exclusive or nonexclusive? Apparent or nonapparent? Is there an implied easement? And why does it matter? The chapter also covers the ways easements can be created, includes a checklist, and contains a discussion of party walls. The book concludes with chapters on water and mineral rights, condo- miniums and timeshares, real estate brokerage, and damage to real prop- Full-Text CD-ROM Contents 1. Title to Real Estate Richard L. Martin 2. Title Insurance James A. Leonard 3. Real Estate Contracts Robert Hickel 4. Real Property Exchanges James W. Davis 5. Deeds and Conveyances Todd A. LaSala 6. Adverse Possession and Prescription Valerie M. Sieverling 7. Actions to Quiet Title Valerie M. Sieverling 8. Partition Thomas K. Riley 9. Easements and Party Walls Jerome E. Murphy 10. Water and Mineral Rights David V. Kenner 11. Condominium and Time- Sharing Lynn M. Ewing, III 12. Real Estate Brokerage Sherry A. Mariea erty. The brokerage chapter describes the different kinds of brokerage relationships and discusses ethical responsibilities, unauthorized practice of law, and actions for recovery of fees. The deskbook includes a full-text CD-ROM that also includes the sample forms in the deskbook. Pur- chasers may transfer the book to a laptop or mobile device for their own individual use. Details and Price (2011) 563 pp. $195

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

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

45 MoBarCLE Publications Tort Law Missouri attorneys have relied
on Missouri Tort Law for over 30 years as a practical, dependable resource on liability issues. Now, the authors of the third edition and the 2010 Cumulative Supplement to this popular MoBarCLE deskbook supply the same reliable guidance while including recent statutory changes and caselaw to save you time and ease your research. No matter what kind of tort law you practice—whether property or personal, premises or products—this convenient and proven overview of legal principles and specific causes of action is a must-have for your library. The 21 chapters in this publication set out elements of causes of action, detail procedural issues such as pleading requirements and parties, explain damages and defenses, analyze insurance and settlement issues, and much more. The 2010 Cumulative Supplement contains new sections on battery in the health-care context, liability for assault under the workers’ compensation statute, defamation over the internet, liability of flight- training schools, strict liability for ground damage from aircraft, causation in wrongful death claims, and more. Find recent case discussion, including recognition of a cause of action for publicity placing a person in a false light, and updated jury instructions. The authors are practicing Missouri attorneys who give you practical advice and trial pointers and discuss evidentiary and proof issues. The accompanying CD-ROM includes sample forms to guide you and save you time. For a list of the forms on the CD-ROM, visit our CLE Publications Bookstore at www.mobarcle.org. Forms on CD-ROM Contents 1. Overview and Summary Paul C. Hetterman and Joseph L. Walsh, III 16. Property Rights Lynn M. Ewing, III 17. Property Damage Robert C. Cook Jeremy J. Heslin (Supp.) 18. Comparative Fault Charles H. McKenzie and Frederick J. Ernst E. Ann Wright (Supp.) 19. Statute and Ordinance Violations Louis J. Leonatti Jonathan T. Barton (Supp.) 20. Federal Tort Claims Act Richard J. Zalasky Michael L. Ramsey (Supp.) 21. Federal Employers’ Liability Act, Jones Act, and Longshore and Harbor Workers’ Compensation Act C. Marshall Friedman Details and Price 2 vols. (3rd ed. 2003) 974 pp. plus 2010 C. Supp., 204 pp. $245 2. Assault and Battery Kenneth E. Siemens 3. Malicious Prosecution and False Arrest Matthew S. McBride and Brian T. McCartney 4. Infliction of Emotional Distress Gregory E. Upchurch Kirra N. Jones (Supp.) 5. Defamation and Invasion of Privacy Joseph E. Martineau and David B. Helms 6. Tortious Interference With Business Relationships James F. Monafo and Phillip C. Boyd Sarah C. Hellmann and J. Ryan Kelly (Supp.) 7. Misrepresentation: Negligent and Intentional Douglas S. Beck Brandon Gutshall (Supp.) 8. Automobile Torts Christian L. Faiella 9. Aviation Liability Paul V. Herbers Elizabeth Vasseur-Browne (Supp.) 10. Maritime Torts Gary Mayes and Suzanne L. Montgomery B. Matthew Struble (Supp.) 11. Animal Liability Terry M. Evans and Judith E. Koehler Robert G. Kister (Supp.) 12. Premises Liability James J. Virtel and Ann E. Buckley 13. Wrongful Death John W. Kurtz 14. Products Liability Mark G. Zellmer and Christopher A. Smith Fredrick J. Ludwig (Supp.) 15. Strict Liability Daniel R. Brown Fredrick J. Ludwig (Supp.)

46 MoBarCLE Publications Trusts, Powers of Attorney, Custodianships, and Nonprobate
Matters The lengthy title of this well-written and thorough two-volume set reflects the breadth of coverage of this important publication as detailed in the table of contents below. Along with its detailed treatment of trusts, powers of attorney, and medical directives, this definitive work may be the most authoritative resource on the Missouri Transfers to Minors Law, the Missouri Personal Custodian Law, and the Nonprobate Transfers Law of Missouri. This second edition of Trusts, Powers of Attorney, Custodianships, and Nonprobate Mat- ters was prompted by statutory changes in probate and trust law, including the adoption and update of the Missouri Uni- form Trust Code. This edition includes discussion of changes through the 2006 legislative session, and the supplement includes 2009 changes. Learn the requirements for a valid trust and the 5 methods for creating an express trust. Learn who is qualified to be a trustee and who shouldn’t be a trustee. Learn what the powers and duties of a trustee are and whether attorney fees and costs can be awarded in a trust administration proceeding. Learn the rules for allocating trust receipts and the statute of limitations on a trust contest. Learn the distinction between a durable power of attorney for asset and financial management and a durable power of attorney for health care. Get answers to your most pressing questions: What is the Rule against Perpetuities, and does it matter? What is a Totten trust? What are the 18 negative duties of a trustee? Is the Missouri Uniform Trust Code retroactive? What is an in terrorem clause? When is specific informed consent to medical treatment required, and what are the 4 exceptions? What are the 3 elements for an Full-Text CD-ROM Contents 1. Creation of an Express Trust Elizabeth E. Parrigin Casper Scott Yost (Supp.) 2. Qualifications, Appointment, Succession, and Bonds of Trustees Jay E. Harker, James J. Seeley, and James B. Behrens Joseph P. O’Keefe and Elizabeth C. Hesselbach (Supp.) 3. Trust Administration Michael E. Magliari and Colleen M. Donohue 4. Allocation of Trust Principal and Income Ace Rowley 5. Modification, Termination, and Revocation of Trusts Lynn A. Miller 6. Trust Contests Clifford S. Brown and Douglas D. Lee Emily J. Kembell (Supp.) undue influence action to contest a trust, and who are the necessary and indispensable parties? This publication is filled with practice suggestions; includes checklists, charts, lists of other resources, and dozens of sample forms (over 300 pages); and comes with a full-text, fully searchable CD-ROM that was updated for the 2010 Supplement. And the 2010 Supplement includes new sections on the role and liability of a trust protector and practical tips for trust administration. This second edition continues MoBarCLE’s Trusts and Estates Series, which also includes Estate Administra- tion and Estate Planning. For a list of the forms available on the CD-ROM, visit our online CLE Publica- tions Bookstore at www.mobarcle.org. 7. Trust Construction and Interpretation Eric B. Tanner Jason D. Simmons (Supp.) 8. Durable Power of Attorney for Asset and Financial Management Michael C. Stoffregen 9. Advance Medical Directives: Durable Powers of Attorney for Health Care, Living Wills, and Other Declarations of Intent Vanita R. Massey 10. Medical Treatment: Informed Consent and Right to Refuse Sheryl Feutz-Harter 11. Missouri Transfers to Minors Law Susan Baker Teson 12. Missouri Personal Custodian Law S. Margene Burnett and Julie Haverly 13. Missouri Nonprobate Transfers Law Andrea Jackson and Christine A. Gilsinan Details and Price 2 vols. (2nd ed. 2006) 953 pp. plus 2010 Supp., 47 pp. $245 Trusts and Estate Series • Estate Administration • Estate Planning • Trusts, Powers of Attorney, Custodianships, and Nonprobate Matters Purchase all three for $585! A $150 savings! Call 1-888-253-6013

47 MoBarCLE Publications Workers’ Compensation Law Forms on CD-ROM
Workers’ compensation in Missouri is a continually developing area of the law. This third edition of Missouri Workers’ Compensation Law is an easy-to-use reference that includes practical considerations and helpful features for attorneys handling workers’ compensation cases. And the third edition includes two new chapters: “Costs, Penalties, and Attorney Fees” and “Criminal Aspects.” The passage of major legislation in 2005 led to many changes. The 2008 cumulative supplement covers those changes, their application by the courts and the LIRC, and the continuing development of the law. New sections in the 2008 supplement include jurisdiction of the Division, practices and procedures of the Division and the LIRC, unlawful acts and penalties for failure to insure, religious exception, liberal vs. strict construction, medical bills and fee disputes, notice to be given to employer, direct examination of claimant’s testifying physician (including sample questions), Kansas and Illinois workers’ compensation reform, Missouri Private Sector Indi- vidual Self-Insurers Guaranty Corpo- ration, trial issues, and more. The comprehensive, two-volume book includes sample forms on CD- ROM. It is an important component of the library of the general practitioner as well as the seasoned workers’ compensation attorney. For a list of the forms on the CD- ROM, visit our online CLE Publications Bookstore at www.mobarcle.org. Contents 1. History, Administration, and Jurisdiction Patrick J. Platter 2. The Employment Relationship C. Michelle Coleman Nasreen Esmail (Supp.) 3. The Second Injury Fund Kevin H. Dunaway and Melodie A. Powell 4. Injury and Accident James B. Kennedy 5. Occupational Disease Deborah L. Hellmann Victorine R. Mahon (Supp.) 6. Arising Out of and In the Course of Employment William D. Powell 7. Benefits Chris T. Archer Robert J. Dierkes and Nasreen Esmail (Supp.) 8. Specialized Losses Charles W. Bobinette and Thomas Clinkenbeard 9. Procedure and Proceedings Rex R. Redhair and Bart E. Eisfelder Michelle Daum Haskins and Christopher D. Werner (Supp.) 10. Third-Party Practice and Subrogation William W. Francis, Jr. 11. Systems and Procedures of Counsel for the Employee Robert E. Ballman 12. Answering the Claim for Compensation: Completion and Investigation William J. Glaser and Benjamin A. Shelledy 13. Choice of Jurisdiction William E. Paasch and Matthew J. Stretz 14. Liens and Offsets Jerry Kenter 15. Insurance, Insurance Pricing, and Insurance Regulation Brian N. Brown and Nasreen Esmail (Supp.) 16. Costs, Penalties, and Attorney Fees Kathleen M. Hart and Matthew D. Vacca 17. Criminal Aspects David F. Barrett Lacy M. Fields (Supp.) Details and Price 2 vols. (3rd ed. 2004) 683 pp. plus 2008 C. Supp., 214 pp. $245

48 Douglas E. Abrams Geoffrey E. Allen Leah Wommack Askey
Sharon K. Ayers Christina L. Baker Benicia A. Baker-Livorsi David F. Barrett Daniel G. Barry J. David Bechtold James D. Beck E. William Bergfeld, Jr. Allison L. Bergman Erik A. Bergmanis Brett W. Berri Betsy A. Blake Stephen T. Blower Sherman A. Botts Paul A. Boudreau Gina Boxberger Sonya Day Brandt Alisse C. Camazine Hon. Nimrod T. Chapel, Jr. Stephen P. Chinn Patricia J. Churchill John P. Clubb Laura E. Clubb Lora E. Cooper David B. Cosgrove Richard E. Coughlin J. Andrew Crossett Thomas C. Cunningham James W. Davis Katharyn B. Davis Omar Davis Kelly J. DeLuca J. Worthen DeYoung Tim Duggan David S. Durbin Ronald J. Eisenberg William R. England, III Mary S. Erickson Lynn M. Ewing, III Buford L. Farrington Douglas C. Fredrick Lisa Fuller Bryce Gamblin Paul H. Gardner Anthony Gawienowski Phillip K. Gebhardt Teresa Generous Peter A. Gianino, Jr. Amanda Giovanoni Thomas G. Glick Susan Goldammer Bradley P. Grill Lisa C. Grimes Robert J. Guinness Mark A. Gutchen Tina M. Crow Halcomb Brian Harper Patricia A. Harrison Catherine M. Hauber Jeanine Hazelton Robert L. Hess, II Robert M. Hibbs Robert Hickel Kelli Hopkins Teresa Rieger Housholder Diane C. Howard Luann Johnson Beverly K. Jones Daniel Jordan Lucy Kaiser James R. Keller Emily Rushing Kelly Emily J. Kembell Crystal M. Kennedy David V. Kenner Tamara W. Kopp Steven M. Kretzer Marsha Duncan Laner Jacki J. Langum Todd A. LaSala James R. Layton James A. Leonard Elizabeth K. Magee Scott R. Manuel Sherry A. Mariea Richard L. Martin Melissa L. McAllister Brian T. McCartney Tracy McGinnis Audrey Hanson McIntosh John P. McNearney Jessica E. Merrigan Gerald Meyr Sara C. Michael Greg C. Mitchell Steve Mitchell Maureen M. Monaghan C. Robert Monroe Patrick T. Morgan Jerome E. Murphy Mark Murray Gary L. Myers Deborah J. Neff Karen Nelson Nathan M. Nickolaus Melissa G. Nolan Mary Kay O’Malley Robert L. Ortbals, Jr. Paul R. Otto Hon. Paul K. Parkinson James M. Paul Lowell D. Pearson Larry A. Pittman, II Deborah L. Price William M. Quitmeier Ronald S. Ribaudo Ninion S. Riley Thomas K. Riley Dameon M. Rivers Jason P. Romero John M. Roodhouse Paul V. Rost Norah J. Ryan Jason Saey Deborah R. Sterling Scott Valerie M. Sieverling Brian Sinclair James R. Skain J. Scott Stacey Nicole L. Sublett Thad Taylor Kevin A. Thompson Timothy J. Thompson Stephanie White Thorn Stephan R. Tomlinson Jennifer S. Tucker Randy Turley Ryan Turnage Travis Turner Penny J. Umstattd-Cope Lara M. Underwood Leon Versfeld Ranada S. Vinyard Daniel G. Vogel Karen C. Warren Michael E. Warrick Gerald D. Weidner Jeffrey T. Weisman Hon. Daniel P. Wheeler Michael T. White Katie D. Whitman Hon. D. Kimberly Whittle Ronald G. Wiesenthal Erin E. Williams T. Christopher Williams Christopher D. Wilson Lawrence E. Wines Karen A. Winn Leslye Winslow Gretchen L. Yancey Elizabeth L. Ziegler David N. Zimmerman MoBarCLE Publications 2011 Volunteers The following Missouri Bar members served as volunteer authors, reviewers, or planning committee members for publications published in 2011. We are grateful for their service to The Missouri Bar.

49 MoBarCLE Publications General Information The Missouri Bar Continuing Legal
Education President: Lynn Whaley Vogel, Clayton Executive Director: Keith A. Birkes Deputy Executive Director: Sebrina A. Barrett CLE Publications Director: Kent R. Hopper Director of CLE Programs: Delores L. Shepherd CLE Programs Attorney: R. Lucas Boling CLE Publications Editor: Karen J. Brendel CLE Publications Editor: Lura A. McAllister CLE Programs Planner: Becky S. Brenneke Customer Service Specialist/Office Assistant: Sandy L. Hinde CLE Programs Coordinator: Diane Keevil CLE Programs Assistant: Teresa L. Lahmeyer CLE Programs Registrar: Melinda L. Strope Legal Education Committee T. Jack Challis, Chair Clifford S. Brown, Vice Chair Suzette Carlisle, Vice Chair Willie J. Epps, Jr., Vice Chair Erik A. Bergmanis, 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

50 MoBarCLE Publications Online MoBarCLE publications are available online through
Fastcase, LexisNexis, and Loislaw. • www.fastcase.com • [email protected] • (703) 740-5920 • www.lexisnexis.com • e-mail notification form at www.lexisnexis.com • (800) 227-4908 • www.loislaw.com • [email protected] • (800) 364-2512 Access through www.mobar.org Search the MoBarCLE publications online for FREE You can use Fastcase as an electronic index or search engine for your print publications even if you are not subscribed. Just sign into Fastcase, a free member benefit from The Missouri Bar, at www.mobar.org. You can then search the publications and get a list of results. You can search all of the publications at once or choose which ones to search.

51 Select the Season Pass right for you & start
saving today! Season Pass Your Ticket to the Best CLE! You will have access to an unlimited number of MoBarCLE programs presented during the 12-month term of the Pass. This includes multi- day, full day, half-day, luncheon programs, webinars and telephone seminars. (See Terms, Conditions & Exclusions*) $1099 5 program punch card UNLIMITED* Full- year access to programs Attend up to 5 MoBarCLE programs during a 12-month period for an average price of just $119.80 per seminar. That includes multi- day, full day, half-day, luncheon programs, webinars and telephone seminars. (See Terms, Conditions & Exclusions*) Attend up to 10 MoBarCLE programs during a 12-month period for an average price of just $89.90 per seminar. That includes multi-day, full day, half- day, luncheon programs, webinars and telephone seminars. (See Terms, Conditions & Exclusions*) $899 LIMITED* 10 program punch card $599 BASIC* *Terms, Conditions & Exclusions The MoBarCLE Season Pass guarantees the Pass holder tuition-free admission to many MoBarCLE programs presented in Missouri during the term of the Pass, provided MoBarCLE receives the registration at least two weeks prior to the course. The MoBarCLE Season Pass is valid for 12 months from the date of purchase. Tuition-free admission does not apply to programs that are co-sponsored or are professionally contracted. As a bonus, Season Pass holders may receive discounted registration for select professionally contracted programs during the term of their Pass. The discounted registration will not count toward the 10-program limit for Limited Season Pass holders or the 5-program limit for Basic Season Pass holders. Watch our brochures and online catalog for special Season Pass holder savings on select professionally contracted programs! The Pass cannot be used by anyone other than the indi vidual to whom the Pass is issued. Pass holders will not be admitted without their Pass. Each Pass holder will be requested to produce his or her Pass and a photo ID at the seminar. Under no circumstances will the term of any Pass be extended beyond a 12-month period. The Pass holder is entitled, at no further cost, to all course materials and other amenities furnished tuition-paying registrants at any qualified course the Pass holder attends for full CLE credit. Sorry, but you cannot just stop by to pick up course materials — the Pass is designed to provide CLE credit through attendance at programs. If the Pass holder does not attend the qualifying program, a current Pass holder may still purchase any course materials published by MoBarCLE for 50% off the full price. This offer does not apply to The Missouri Bar Deskbooks or other materials prepared and distributed by the CLE Publications Department of The Missouri Bar. The Limited Season Pass entitles the Pass holder to tuition-free admission to 10 MoBarCLE programs presented during the term of the Pass as follows: • Each individual registration counts as 1 program toward the 10-program limit. • Any multi-day program will count as 2 programs for Limited Season Pass Holders. The Basic Season Pass entitles the Pass holder to tuition-free admission to 5 MoBarCLE programs presented during the term of the Pass as follows: • Each individual registration counts as 1 program toward the 5-program limit. • Any multi-day program will count as 2 programs for Basic Season Pass Holders. Pass holders who register less than 2 weeks prior to the start of the program will be admitted, tuition-free, only if space is available. MoBarCLE reserves the right to limit the number of Season Passes issued. Exclusions: The MoBarCLE Season Pass does not provide tuition-free admission to The Missouri Bar Annual and Mid-Year meetings, the Solo & Small Firm Conference, Environmental Law Conference, WebCredenza seminars, professionally contracted programs, CLEtoGo, On Demand programs, self-study programs, online programs, co-sponsored webcasts, and webinars. Any multi-day program will count as 2 programs for Limited Season Pass holders and Basic Season Pass holders. Please read completely and carefully. Bonus! Every Season Pass includes discount registration for select professionally contracted programs. To order your Season Pass or for more information, visit www.mobarcle.org or call 51 Ye a r s o f Ex c e l l e n c e C L E MoBar 1-888-253-6013.

52 Easy Ways to Order 4 A Word of Thanks
Those who write and review MoBarCLE publications are volunteers. Their generous contributions of time, talent, and energy make this and every MoBarCLE publication a success. We deeply appreciate their work. The Missouri Bar encourages all of its members to participate in the preparation of MoBarCLE publications. Order online: Visit our website and browse our online catalog at www.mobarcle.org Order by phone: Toll-free at 1-888-253-6013 or 573-635-4128 Order by fax: Fax your order to 573-659-8931. Please include your MasterCard, VISA, Discover, or American Express information. Order by mail: Send the completed order form with payment to The Missouri Bar, CLE Department, P.O. Box 119, Jefferson City, MO 65102-0119. Deskbooks Guidebooks

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