November - Association for Women Lawyers of Greater Kansas City

link
P.O. Box 414557 • Kansas City, MO 64141
NOVEMBER 2003 • Volume 15 • Number 4
www.mobar.net/local_bars/women.htm
Board of Directors
OFFICERS
R. Denise Henning, President
Megan C. Thornberry, President-Elect
Comm. Kathleen A. Forsyth, Treasurer
Tracy Powell, Secretary
Victoria Schroeder, Imm. Past President
MEMBERS OF THE BOARD
JUDICIAL:
Kimberley Fournier, Chair
Tamie Anfang, Vice-Chair
MEMBERSHIP:
Janeen de Vries, Chair
Anne Popper Post, Vice Chair
COMMUNITY SUPPORT:
M. Courtney Koger, Chair
Pascale Zaldivar, Vice Chair
SOCIAL ACTIVITIES:
Tracy Bornman, Chair
Cindy Dillard Parres, Vice Chair
CONTINUING LEGAL
EDUCATION:
Andrea Bough, Chair
Stacey McLey, Vice Chair
BOARD MEMBERS AT-LARGE
Kathy Emke
Denise Drake
Margaret Dean
Lara Dickey Lewis
Diana Toman
Marilyn Pesto
©2003 Association for
Women Lawyers
of Greater Kansas City
Last year, AWL bestowed its Woman of the Year
Award to Nancy Kenner and its Judge of the Year
Award to the Hon. Laura Stith. Denise Henning took
the gavel from Victoria Schroeder and Tracy Powell
was elected secretary. Right, Janeen B. deVries,
Megan Thornberry and Russell Powell attended the
event and networked with colleagues and judges.
Festivities planned for Dec. 9th
New officers to be sworn in at annual meeting and judicial reception
I
t's that time of year again so mark your calendars now! The Association for Women
Lawyers of Greater Kansas City will hold
its Annual Meeting and Judicial Reception on
Tuesday, December 9, 2003. The meeting will
take place from 5:00 p.m. to 5:30 p.m.
During the business meeting, AWL members will consider amendments to the bylaws.
The judicial reception, where drinks and appetizers will be served, will begin at 5:30 p.m.
and continue until 8:00 p.m.
This year's reception will take place at the
ink it in ...
AWARDS & SCHOLARSHIP:
Heidi Youngs, Chair
Allison Bergman, Vice-Chair
home of AWL Past President Lisa Gentleman
located at 401 West 55th Street, Kansas City,
Missouri (the corner of 55th and Wornall
across from Loose Park). Complimentary
valet parking will be provided.
AWL is also sponsoring a toy drive to benefit Sheffield Place. Sheffield Place is a longterm, transitional program for displaced
women and their children. Toys and cash
donations will be collected at the reception.
Please join AWL on December 9 to celebrate
the holidays!
DATE .......... EVENT
Nov. 5......................AWL Networking Breakfast, Henning & Bough,
1044 Main St., Suite 500, KCMO, 7:30-8:30 a.m.
Nov. 18....................Madeleine Albright Book Signing, Unity Temple
on the Plaza, 7 p.m.
Dec. 9......................AWL Holiday Party/Judicial Reception,
5 p.m., 401 W. 55th Street
Looking back at 2003 as time
approaches to pass the gavel
by R. Denise Henning
president’s message
I
can't believe how fast this year has membership contact information with your access code,
flown by. This is my last column which you will soon be receiving. The website will also
before I pass the presidential torch host the AWL list serve. The list serve will provide an
over to your president-elect, Megan avenue to share the experience and knowledge that our
Thornberry, who, by the way, is going membership has to offer. It will offer us the opportunity
to be a tremendous president. I have to communicate with each other, share practice information, ask questions, and refer cases.
truly enjoyed being
You will be getting your membership
president this year. I have met so
renewal invoice in the mail. In fact, you
many wonderful people during the If we took the time to
probably already received it. Please take
last year who are members of this tally up the accomplishthe time to send it back in with your dues
organization. I have also encouraged
check. By doing so, you guarantee yoursome wonderful people who weren't ments of the rest of our
self access to all AWL events and you can
members to join. It has been an unbe- membership, the results
take advantage of the discounts provided
lievable year. We have had seven
by local businesses through AWL's affinbabies on the AWL board of directors would be astounding. We
ity program. More importantly, howevso far, one of them my own six-monthare an incredibly talented
er, you guarantee yourself access to a netold. By the end of the year, another
work of incredibly successful women.
board member will have had a baby to and successful group.
Whether you count yourself as one of
bring the total to eight this year. That
Many of our members are
those incredibly successful women or are
has to be some kind of record!!
on your way to becoming one of those
On October 16, 2003, we celebrated either partners in large
incredibly successful women, the relaAWL's history at Shiraz with a recepfirms or have started their tionships with the others will be invalution for past presidents and award
able to you along your journey. You'll
winners. The reception for past presi- own practices. What a
want to renew your membership today
dents and award winners became an
tremendous network!
so you don't miss the Annual Meeting
annual event last year in an effort to
and Holiday Judicial Reception on
keep in touch with past presidents,
board members, and award winners. It is vitally impor- December 9, 2003, at Lisa Gentleman's home, where we
tant to AWL that the younger members of our group will celebrate the accomplishments of this year and
have access to the knowledge and experience of those announce our award winners for 2003. As always, there
who have been practicing longer. It occurred to me at will be good food, wine, great company, and valet parkthe reception just what an impressive list of accomplish- ing! I can't wait to see you there!
ments that our membership has accumulated.
Just
among the AWL past presidents and the award winners,
we have nine judges and commissioners, a former president of the Missouri Bar, a candidate for Governor, a forCongratulations to
mer United States Senator, the Jackson County
Counselor, two winners of the Lon O. Hocker Award, a
Tracy Bornman on the birth of her daughter,
former managing partner of Husch & Eppenberger, and
Clarice Olivia Kent, on August 3rd
the head of the Spencer Fane Britt & Browne litigation
department. If we took the time to tally up the accomAndrea and Steve Bough on the birth of their son,
plishments of the rest of our membership, the results
Grant Harrison Bough, on August 27th
would be astounding. We are an incredibly talented and
successful group. Many of our members are either partTamie Anfang on the birth of her son,
ners in large firms or have started their own practices.
Samuel Jameson Anfang, on September 17th
What a tremendous network!
In an effort to better utilize and provide access for our
members to that network, we are thrilled to announce
that the AWL website will be up and running in the next
couple of weeks. You will find it under construction
right now at www.awl-kc.org In addition to viewing the
newsletter and information about upcoming events on
the AWL website, the website will allow you access to
AWL Babies:
2
the AWL
link
November 2003
We are pleased to announce that AWL
board member, Courtney Koger, is the
recipient of the 2003 Coburn
Community Service Award. Created in
1995, the H. Michael Coburn
Community Service Award was created
by Legal Aid of Western Missouri to recognize a member of the Missouri Bar
practicing in the Jackson County area
who has demonstrated outstanding
service to advancing the administration
of justice in the Jackson County area or
who has provided outstanding service
to the community.
Courtney Koger has made an honorable effort to serve the Jackson County
community through her
numerous volunteer activities including her admirable
contribution on the Board of
Directors of Sheffield Place
beginning in 1996 and serving as President in 1999.
Sheffield Place is a transitional
living
program
designed to help homeless
Courtney
women and their families
break the cycle of homelessness and poverty. Courtney has also
been actively involved with the
Volunteer Attorney Project as well as
with many pro bono cases in Family
Madeleine Albright to speak
in KC on November 18th
Rainy Day Books, The Association for Women Lawyers,
The Women's Political Caucus, and the Central Exchange
are proud to bring you former Secretary of State Madeleine
Albright on Tuesday, Nov. 18th. Secretary Albright will be in
town to speak about and sign her new book, Madame
Secretary. Secretary Albright will be speaking at Unity
Temple on the Plaza at 7 p.m.. To purchase Madame Secretary
and receive two tickets, call Rainy Day Books at 913-3843126. This event will most likely sell out fast, so don't delay!
Legislative breakfast a hit!
On August 2, over two dozen area legislators attended
the AWL Legislative Breakfast held at First Watch restaurant
in Westport. AWL members mingled and conversed with
legislators from both sides of state line and both parties
about hot topics in Topeka and Jefferson City while enjoying a delicious buffet breakfast. The political mix made for
lively discussions.
The event was a smashing success, so watch for it again
next summer!
‘Lunch for the Cure’ update
On October 10, 2003, the Association for Women Lawyers
of Greater Kansas City, along with other local women's
organizations, sponsored "Lunch for the Cure" in an effort
to raise awareness of and money for breast cancer research.
Health and Wellness was the focus of the event.
The featured speakers were Mary Lou Hager, a breast
cancer survivor; and Dr. Jane Murray, who founded the
Sastun Center of Integrative Health Care in Mission,
Kansas.
Thank you to all of those who participated in this event.
November 2003
Court. Dedicated not only to
people in her community,
Courtney volunteers through
Pets for Life with her
Vizsla, Renard. The two visit
a retirement community each
month where Renard demonstrates his obedience skills for
the residents in exchange for
Koger lots of attention (and doggie
treats).
The Coburn Community
Service Award is given in honor of the
late Judge Coburn, who was committed to a wide range of community
and civic causes."
what’s going on ...
Courtney Koger receives Coburn Award
REMINDERS:
Thinking About
Joining Our Board?
Applications Due Nov. 3
The Association for Women Lawyers of
Greater Kansas City is accepting applications
for board member positions. The deadline to
submit your application is November 3, 2003.
Applications may be downloaded from our
current AWL website on the Missouri Bar’s
website,
http://www.mobar.net/local_bars/women.htm
and should be submitted to Victoria
Schroeder at 1201 Walnut, 20th Fl., P.O. Box
418679, Kansas City, Mo 64141.
Reminder: AWL Board Applications are
due on November 3, 2003!
Have you paid your dues?
Membership applications and invoices for
dues were mailed in mid-October. Don’t miss
out on a great slate of events and programs in
2004 by forgetting to send in your payment.
Plus, you will also continue to reap the benefits of our affinity program.
the AWL
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3
A great tee-off at Teetering Rocks
Eighth Annual AWL ‘I’m Not Serious
About Golf’ Tournament Has It All
The attendance and the proceeds both continue to grow at the
Association for Women Lawyers' annual golf event, held this
year on Friday afternoon, September 26, again at Teetering
Rocks Golf Course. This year boasted a nearly full field of 70
golfers, lunch, nine fun-filled holes of golf, a few clouds, a smattering of showers to cool off the golfers, then bright beautiful
sunshine to round out the day. The players ranged in golfing
prowess from complete novice to quite good, yet all had a great
time and played well. The infamous "Roldan Hill" claimed no
casualties, many holes-in-one were posted on the fuzzy dice roll,
and the beer cart drivers did their best to keep up with the
crowd and the demand. Proceeds once again benefit the AWL
Scholarship Fund and other causes.
Each team featured at least one judge, and a good mix of abilities kept the playing field fairly even. Top honors went to the
foursome of Judge Marco Roldan, Lance Hanson, John Harvell
and Lenny Guerra with a frighteningly good seven-under par
23. Other trophies went to Judge Steve Nixon for Men's Longest
Drive; Mindy White for Women's Longest Drive; Lance Hanson
for Closest to the Pin; and Renee Parsons for Longest Putt.
Competition was hot for the trivia contest, and this year a double run-off was required between the top teams. Eventually
both teams were declared the winners, as after two play-off
rounds trivia chair, Deputy Commissioner Margene Burnett, ran
out of questions. Those winners were the team of Judge Kathy
Forsyth, Renee Parsons and Anne Wehage Zickwolf, and the
team of Judge John B. Williams, Judge John Torrence, Sandy
THANK YOU TO OUR SPONSORS!
Berkowitz & Cook
Bortnick, McKeon, Sakoulas & Schanker, P.C.
Cathy Dean/Polsinelli, Shalton & Welte, P.C.
Davis, Bethune & Jones, L.L.C.
Devries & Associates, P.C.
Dysart, Taylor, Lay, Cotter & McMonigle, P.C.
Gilmore & Bell, P. C.
Henning & Bough, P.C.
Holtsclaw & Kendall, L.C.
Hovey, Williams, Timmons & Collins
John Michael Quinn Law Offices
Karlin & Unger, P.C.
Law Offices Of Davis, Ketchmark, Eischens & McCreight
Legacy Settlements Group
Mail & More
Martin, Leigh, Laws & Fritzlen, P.C.
Midwest ADP
Pressed4time
Secretary At Law
Shughart, Thomson & Kilroy
Spencer, Fane, Britt & Browne
Thayer, Bernstein, Rodarte & Hatheway, P.C.
The Daily Record
The Sly James Firm, Trial Lawyers, P.C.
Versent
Via Lingua Interpreters, Inc.
Walters, Bender, Strohbehn & Vaughan, P.C.
Wehage Zickwolf Law Firm - Immigration Practice
White, Allinder, Graham & Buckley, L.L.C.
4
the AWL
link
Wirtel, and Anne LaBella, proving once again that obscure
knowledge of women's history may someday be rewarded with
cool prizes.
Everyone's game was undoubtedly much improved by the
generosity of sponsor Anne Wehage Zickwolf and her champagne mimosas on the first hole. John Schram of Versent took
great photos of each team, which can be accessed and downloaded by checking that website at www.versentgroup.com
under the Recent Events section on the main page. You can also
access the pictures directly by going to http://www.versentgroup.com/corp/News/Golf_AWL_2003/default.htm.
The
Daily Record came through again with snacks, treats, and other
yummies on the course, and lots more good pix of the players.
Thanks to excellent work by the committee and many other
members of the AWL Board (especially our pres. Denise
Henning) tournament sponsorship almost doubled this year
from last.
Our able planning committee included Molly Williams and
Deputy Comm. Margene Burnett (committee chairs), Judge
Kathy Forsyth, Sandy Wirtel, Denise Henning, Kim Fournier,
Elle Sullivant, Tamara Hathaway, Megan Thornberry, Vicki
Shroeder, Tracy Bornman, Diane Toman and Tammy Anfang.
Thanks also to Margaret Dean and Bob Burnett for their day-ofevent help.
We look forward to another great day next year, so plan early
to join us and remember: "We're Not Serious!"
THANK YOU TO OUR
GENERAL EVENT SPONSORS:
Minds Eye Media, provided signage on holes and the event.
Carmen's Cafe
Connect Marketing
Fiddly Fig
Fortis Benefits
Great Plains Energy
Hallmark Cards
Henning & Bough
Hillcrest Country Club
Indigo Wild
Joe D's
Kelly's Westport Inn
Levine Urban Flower & Wine Market
Lyric Opera
Midwest ADP
Miller/High Life Sales
Missouri Lawyer's Weekly
MKC Golf
North Kansas City Hospital
RSI
The Daily Record
The Peanut On Main
Tom Watson
Tee Time Golf
Versent
Wehage Zickwolf Law Firm - Immigration Practice
Westlaw
November 2003
Vicki Schroeder, Tracy Bornman, Baby Clarice and
Diana Toman
Judge Joe Dandurand and Molly Williams
Karen Renwick, Kim Gibbons, Betsy Lawrence and
Judge Steve Nixon.
Photos courtesy of
The Daily Record
Judge Twila Rigby, Stacey McLey, Don Woodell and Amy Schwent
Judge Vic Howard, Deputy Commissioner Margene Burnett, Bob
Burnett and Commissioner Bob Schieber
November 2003
AWL’s Photo Album ... a great tee-off at Teetering Rocks
Rosalie Borgardts, Judge John Moran, Dana Nowakowski and Nancy Cline
Judge Lisa White Hardwick, Brandee Bower, Nikki Cannezzaro and Janet
Blauvelt
the AWL
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FMLA update
by Jennifer J. Chapin
6
Is an attorney’s baby work product? And other
gravid musings on impending motherhood
By Jennifer J. Chapin
POLSINELLI SHALTON & WELTE, PC
"Having children makes you no more a parent than having a piano
makes you a pianist." — MICHAEL LEVINE
One of the things that I enjoy each time I read the AWL Link
newsletter is reading the list of new "AWL babies." As I sit
down to write this, I am 32 weeks pregnant. My
condition is obvious and the color black is no
longer "slimming." I am also a fourth year litigation associate. Being an attorney is a "condition"
that is not so obvious to those who work outside
the legal profession. But to our families, our "condition" as attorneys is evident. Being an attorney
demands a great deal of focus, dedication and
time. So does being a mother.
Therefore, I have spent a lot of time recently
pondering a basic question, which I think all
mother/lawyers face: Who will prevail when
both the client and the baby are demanding
immediate attention?
Jennifer
One of the popular pregnancy "how to" books
has a picture of a woman sitting peacefully in a
white wicker rocking chair, surrounded by a field of wildflowers. She looks very content, almost smug. She is obviously not thinking about the partially drafted legal memorandum sitting on her desk or how to tell a client that he has been
ordered by the court to produce his tax returns from the last 10
years. Although this "how to" book covers most of the "traditional" worries faced by expectant mothers like the fictional
wildflower mother on its cover, the book does not cover the
worries faced by a pregnant attorney.
In an effort to understand these expectant mother worries, I
sat down, like a dedicated 1L trying to learn a new skill, and
made two lists so that I could compare and contrast the worries:
Traditional Pregnancy Worries:
1. Will my baby be healthy?
2. Will I be a good mother?
3. Will the baby's father and I be able to provide for the baby
for the rest of our lives?
4. Will childbirth hurt?
5. Will I lose my personal identity?
6. Will I be able to find help with childcare?
Attorney Pregnancy Worries:
1. Will I lose clients if I tell them I am pregnant?
2. Will I lose work from assigning attorneys at my firm?
3. Will my brain "stop working" because of the hormones?
4. Will male attorneys treat me differently/lose respect for
me?
5. Will I miss out on career opportunities if I cannot travel,
stay late, work weekends, etc. at a moment's notice because of
childcare concerns?
6. How will I handle the daily tug-of-war between my
career and my baby?
As I thought about my lists, I realized something fundamental and comforting: Mothers and lawyers share many characteristics. Like mothers, lawyers do a lot of hand holding and
the AWL
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reassuring. Like mothers, lawyers have to be empathetic to
the needs, opinions and positions of others. Like mothers,
lawyers have to be very organized and effective at managing
multiple tasks. Like mothers, lawyers have to learn how to
diplomatically steer the actions of recalcitrant individuals.
Like mothers, lawyers have to be willing to work long hours nights, weekends and holidays included. Like mothers,
lawyers have to be dedicated to the parties and interests they
serve. Therefore, I thought, because I am a
lawyer, I must already possess many of the traits
and skills essential to motherhood. And, more
importantly, as the quote above suggests, being a
good mother, like being a good lawyer, is an art.
Almost every day, one of my colleagues tells me
how well I look or asks me how I feel. I have not
stopped getting new assignments. Everyone has
been very supportive of and enthusiastic about
my impending motherhood. But things were not
always this way for pregnant attorneys. One partner at my firm recalls her pregnancy 18 years ago.
She was concerned that she might lose her job and
delayed telling her firm she was pregnant until
J. Chapin she was in her third trimester. Her unsuspecting
colleagues interpreted her severe first trimester
morning sickness as nothing more than a job-induced, stressrelated illness. But her pain has been our gain. Through hard
work and dedication, she demonstrated that a good attorney
could also be a good mother and, in doing so, forged a new
path. Women attorneys today may choose, if they want, to
"have it all" - a successful legal career and motherhood.
There are presently many resources (AWL and its members
among them) devoted to helping today's working mothers
manage their families and careers. An Internet search revealed
dozens of informative web sites, a few of which are listed at
the end of this article. There are also books and magazines
similarly devoted to the subject - and not one of them features
a woman sitting peacefully in a white wicker rocking chair,
surrounded by a field of wildflowers!
In addition, with the advent of the Family and Medical
Leave Act of 1993 (29 U.S.C. § 2601 et seq.), things such as
maternity leave are more clearly defined. Generally, FMLA
provides that "covered employers" must grant an "eligible
employee" up to a total of 12 workweeks of unpaid leave during any 12-month period for the birth and care of a newborn
child (including adopted or foster children). Naturally, it is
important to determine whether your employer and you are
covered by FMLA because there are a number of exceptions.
(Note, for example, that there are separate rules for government entities.) A "covered employer" must employ 50 or more
employees for each working day during each of 20 or more
calendar workweeks in the current or preceding calendar year.
29 U.S.C. § 2611(4). An "eligible employee" is an employee of
a covered employer who: (1) Has been employed by the
employer for at least 12 months; and (2) has been employed
for at least 1,250 hours of service during the 12-month period
immediately preceding the commencement of the leave; and
(3) is employed at a worksite where 50 or more employees are
continued on page 10
November 2003
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7
the AWL
link
by Susan Ikazaki
Quick decision-making did not
ike most small businesses owners,
result in rash decisions, however.
the four African-American female
During the formative stages, the four
law partners of Connor, Clark-Sann,
women met frequently to evaluate their
Chappell & Rivers ("CCC & R") climbed a
strengths, weaknesses and past legal
steep learning curve and relied on their
experience and to consider whether
native intelligence to "make things hapthey had the right professional and perpen." According to partner Rebecca
sonal "chemistry." They decided they
Rivers, in the beginning, while operating
wanted an unconventional setting and
from their cars and homes, they "learned to
ended up adapting a loft apartment in
practice law on the fly." For Rebecca and
the City Market area for their offices.
her three other partners, Tracy Chappell,
Their fiscal approach has always been
Melinda Clark-Sann and Kelly Connor,
conservative and they declined to seek
there was no time to think or worry about
a loan or line of credit for startup costs.
whether the practice was working out.
In the beginning, this meant that their
The adventure of starting a business from
offices were furnished with family furscratch consumed all their waking hours.
niture and personal donations.
The days of working from car and home,
Despite pessimism from some
however, quickly evolved into a very
quarters, others were very helpful to
deliberate and conservative approach to
them. Several key law school profesmanaging a growing legal practice. Tracy
sors drafted a sophisticated fifty-page
Chappell observed ironically that the sucConnor, Clark-Sann,
operating agreement in which the four
cess of their professional and personal relaChappell & Rivers, LLP
women addressed essential partnership
tionships should be attributed in large part
terms and future contingencies. Now
to a fifty page operating agreement and
the four partners consider the operating
Robert's Rules of Order.
Lawyers who crave professional freedom typically begin agreement an essential part of their practice, a "roadmap" that
a solo practice. CCC & R were advised that an initial part- provides guidance when management issues arise. Women
nership of four lawyers was an untenable arrangement, were especially generous with advice and referrals to CCC &
would require a significant amount of startup capital and R, especially older women who had practiced under more trawould not generate adequate income for all of them. They ditional professional conditions. All four women took advanwere told that, as women, they would be pigeon-holed into a tage of educational opportunities and completed the course
family law practice and denied criminal law referrals. In in small business entrepreneurship offered by the Kauffman
addition, a small number of younger male lawyers, threat- Foundation. They enrolled in professional organizations to
ened perhaps by the competition they represented, predicted develop networking contacts. As African-American females,
that CCC & R would not last long and declined to assist them. they especially sought organizations based on gender and
ethnicity. Attending social functions
These initial warnings did not dissuade the
and seeking mentoring relationships
four women from their path, in fact, it gave
was also helpful.
them additional motivation to press on
Quick decision-making did
It took only three months for CCC
and refute the pessimists.
& R to "get out of the red" and generThree of the partners, Tracy Chappell,
not result in rash decisions,
ate sufficient cashflow to operate
Melinda Clark-Sann and Rebecca Rivers,
without relying on personal or family
all graduated from UMKC within the past
however. During the formative
help. Like many other solo practi5 years. None of them have family ties to
tioners, they pounded the hallways of
Kansas City. Tracy grew up in Alabama,
stages, the four women met
Municipal Court, spread the word to
Melinda's family is from Topeka and
classmates and professors, signed up
Rebecca moved here from the Los Angeles
frequently to evaluate their
for referrals from the KCMBA and
area. Kelly Connor, a friend of Tracy and
KBA, issued press releases and volunRebecca, returned to Topeka after attendstrengths, weaknesses and
teered to write articles for local newsing law school in San Diego. In the latter
papers. A feature article about CCC &
part of 2001, Melinda and Rebecca were
past legal experience and to
R in the Kansas City Star generated
both working at the Jackson County
some phone calls. As Tracy relates it,
Prosecutor's office when, one day without
consider whether they had the
everything happened so quickly that
previous notice, Melinda asked Rebecca if
they were not hindered by any "fear
right professional and personshe wanted to join her in private legal
factor"-they had neither time nor
practice. Rebecca surprised herself by sayal “chemistry.”
energy to spend worrying. "Taking
ing yes. Before much time had passed,
on novel cases cold turkey is what
they had decided to form their own firm
you do if you are your own boss. You
and recruited Tracy who had had some
real estate experience with Sprint and was studying for the just get comfortable with feeling uncomfortable," stated
bar exam and with Kelly who was working for the Public Rebecca reflectively. First they took on traffic and domestic
Defender in Topeka.
continued on page 8
member profile ... Connor, Clark-Sann, Chappell & Rivers, LLC
Despite adversity, persistence and ambition,
four friends start their own law firm
November 2003
AWL Social Scene ... honoring past presidents at Shiraz
8
A few of AWL’s past presidents: Holly McCoy, Cathy Dean, Betsy Badger, Theresa
Levings, and Susan McGreevy.
MOBAR President William Corrigan and Joe Whisler
Social At Shiraz
AWL's latest social event was held at Shiraz Restaurant on
October 16, 2003. This event honored AWL's past presidents and past award winners. AWL members enjoyed hors
d'oeuvres and drinks, while the past presidents and award
winners were presented with a box of chocolates embossed
with the AWL logo as a token of AWL's appreciation for their
contributions to our organization. During this event, AWL
also sponsored a successful clothing drive for the Women's
Employment Network. Thanks to all those who attended
and helped to make this event such a success!
Despite adversity, continued from page 7
cases. Word of mouth referrals brought repeat business, especially criminal matters which they had been told would be
scarce for women. By the end of their second quarter in business, they felt secure enough to hire a full-time accountant, a
necessity for fiscal management that was higher in priority
than a receptionist. Rebecca continued, "The autonomy and
responsibility can be daunting on the one hand, yet you realize gradually that 'I can handle this.' If you are encouraging
others to use your services to solve their problems, then you
must have solved your own problems first. Only then will
you have the confidence you need to help your clients."
While building up legal caseloads, the four women divided up the administrative duties and learned how to manage
their individual practices as one business enterprise. Their
weekly "docket call" meeting is essential to management and
communication among them. Besides caseload review, they
discuss marketing, personnel and administrative issues.
Everyone has a copy of Robert's Rules of Order and abides by
them religiously during docket call and other firm deliberations. Tracy recognizes that some regard Robert's Rules as
excessively technical and restrictive, but for CCC & R, they
provide the necessary framework to prioritize, consider and
resolve partnership matters. Tracy reflected that certain decisions need the formality and structure of Robert's Rules.
"Difficult decisions go down easier," since everyone has
agreed to abide by them," she commented.
Money issues have not posed especially difficult problems
for CCC & R. Ensuring clear communication and adapting to
each other's habits, preferences and expectations has required
the most effort. All four women agree that their friendships
the AWL
link
Trish Brown and Tracy Bornman
have grown and they have come to know each other much
more intimately. Rebecca and Melinda are married; one has a
4 year-old son, the other has a 13-year old stepson. They put
in more hours than in their previous jobs and agree that their
irregular schedules are hard on their families. Yet they have
more flexibility in managing their time, illustrating both the
freedom and responsibility that come from being on your own.
Each person has to strike a balance in their own unique way,
and because of their friendships, the four women are involved
socially and personally in each other's lives. For example,
Tracy often picks up Rebecca's 4-year old son A.J. from preschool if Rebecca is tied up with other matters. Kids and husbands drop by the office frequently.
As their practice has developed, each CCC & R lawyer
has gravitated to several legal specialties, including probate,
real estate law, criminal law and family law, the latter often
involving ancillary immigration law issues. Although cashflow can be volatile, they have attracted business, have a
growing client base and maintain sufficient cash reserves to
cover overhead and payroll. Recently, they opened an office
in Overland Park. They anticipate stable, incremental
growth and have been largely unaffected by the depressed
economy. "One of the advantages of going it alone is our
independence from unpredictable employment decisions.
There's nothing like it in the world," says Rebecca, remembering how vulnerable she and her husband felt in the early
90s' when he returned from Desert Storm facing a tight job
market. Tracy likes the metaphor of building a brick wallconstructing and building the firm carefully and thoughtfully brick by brick. No doubt--their intrepid spirit, their
easy compatibility and their conservative business style
forecast a bright future for this remarkable group.
November 2003
9
the AWL
link
by Elle J. Sullivant
Prosecutor for Jackson County for stances brought to the attention of the
three years and then serving as a court indicate a strong likelihood that
Special Prosecutor for the Missouri the defendant is suffering from a menThe failure to utilize mental health Attorney General for two years, I tal disease or disorder, and the court
desires more detailed
evidence in a criminal case at sen- became aware of the fact
information about the
tencing is one of the most common that quite a large number
defendant's mental condimistakes an attorney can make. of defendants showed
tion before making an
While there may be a number of rea- serious signs of mental
authorized disposition . . .
sons for this omission, the primary health problems. Most
it may order the commitreason is that attorneys are unaware will agree that the enviment of the defendant for
that the specific statutes exist to aid ronmental factors of
mental examination."
poverty and abuse play a
the defendant.
Similarly, in Kansas, the
Criminal defense attorneys are pivotal role in contributapplicable chapters are 22quite used to the strict evidentiary ing to and affecting men3429 through 22-3431
rules in the guilt phase of the trial. tal health issues. Since a
K.S.A., which states that
Indeed, there is little tolerance for large number of defen"[a]fter conviction and
admission of mental health testimo- dants have been fostered
Elle J. Sullivant
prior to sentence and as
ny due to relevance issues in the in this environment, it is
absolutely critical that an attorney be part of the presentence investigation .
guilt phase of a trial.
In contrast, in the punishment stage aware of and inquires into a defen- . . the trial judge may order the defendant's mental health dant committed for mental examinaan attorney has virtually
tion, evaluation and report."
history.
an open forum for
These evaluations are of critical
In fact, the legisintroducing
mental
The option of utilizing
latures in both importance since they may discover
health evidence. This is
Missouri
and mitigating circumstances that proparticularly true since
mental health testimoKansas
have vide an explanation of an offender's
the passage of Senate
adopted legisla- behavior.
Bill 5, which went into
ny is quite a powerful
Accordingly, I would strongly
tion that allows a
effect in Missouri courts
defendant to peti- encourage any criminal defense attoron June 27, 2003. The
tool for an attorney.
tion and the judge ney to inquire of every client whether
bill allows admission of
Traditionally, in the
to order a mental there has ever been a history of mental
evidence and arguhealth exam if it health issues. If medical and/or therments that are not genguilt phase of the trial
appears that an apeutic records are available, the
erally permissible in the
offender is suffer- attorney needs to secure them and
guilt phase to become
attorneys have little to
ing from a mental then consult with a mental health prorelevant and permissiproduce beyond the
disease or disorder fessional to offer forensic testimony at
ble in the punishment
and the court sentencing.
phase of the trial.
self-serving testimony
If cost is an issue, in Missouri condesires more inforThe option of utiliztact
the Missouri Public Defender to
mation
regarding
ing mental health testiof the defendant and
the
offender's secure additional financing for the
mony is quite a powerIn Kansas, contact the
mental condition. services.
ful tool for an attorney.
family members.
The affect of these Criminal Indigents Fund to request
Traditionally, in the
statutes not only assistance. In the event an attorney is
guilt phase of the trial
attorneys have little to produce allows, but also serves to encourage unable to utilize the services set out,
beyond the self-serving testimony of offenders to offer mental health testi- inquire to the judge. If there is a good
the defendant and family members. mony at the penalty phase of the trial. faith argument, he or she may be willThe option of presenting mental As such, it is crucial that an attorney is ing to order that the exam be conducthealth testimony opens many doors. aware of these statutes since it is the ed at a state institution thereby deferIn fact, this evidence is quite desirable responsibility of the attorney and not ring any cost to the offender or the
attorney.
since it is objective testimony offered the court to raise this issue.
By utilizing these options a criminal
In Missouri, the relevant statute is
from disinterested third parties thus
giving the testimony significant 557.031 Mo. Rev. Stat., which provides defense attorney can provide their
that presentence commitment for clients with the best defense available
weight.
While serving as an Assistant study is available when "circum- under the law.
By Elle J. Sullivant
THE SULLIVANT LAW FIRM
sentencing guidelines ...
The use of mental health testimony
at sentencing in criminal cases
November 2003
Association for Women Lawyers of Greater Kansas City
P.O Box 414557
Kansas City, MO 64141
ADDRESS SERVICE REQUESTED
PRESORT STANDARD
US POSTAGE
PAID
PERMIT #5640
KANSAS CITY, MO
WATCH FOR THE DEBUT OF ... www.awl-kc.org
FMLA update, continued from page 6
employed by the employer within 75 miles of that worksite. 29
U.S.C. § 2611(2). Some law firms that are covered by FMLA (and
some that are not) offer paid maternity leave to their women attorneys. Maternity benefits from employer to employer vary, but the
point is that they may exist and you should learn about them
when considering your options.
None of this should come as a surprise. According to statistics
released by the ABA in 2001, women's presence in the legal profession is increasing dramatically. For example, there is likely to be
a large increase in the number of women entering private practice,
given that ABA statistics reveal that almost 43% of summer associates in law firms nationwide in the year 2000 were women. The
end result is a large number of potential mother/attorneys in the
decades to come. (In fact, including myself, there were three
women attorneys in my childbirth education class.) With that
increase, there are likely to be additional changes in the way mother/attorneys manage their families and careers.
One important aspect of managing a family and a career is childcare. Women attorneys providing me with advice consistently tell
me that reliable childcare is critical. Unfortunately, access to reliable childcare is a big issue for many working mothers and most
agree that changes in this area would be welcomed. For example,
I am on a waiting list for a popular local childcare center.
However, despite the fact that I put my name on the list when I
was 13 weeks pregnant, the center is unlikely to have an opening
before my baby is ten months old, which is months after I must
return to work. Therefore, I have enlisted my family to watch the
baby until such a spot becomes available - and, to assist when the
baby is ill and not allowed to attend the center. (I should point out
that both my husband and I are from Kansas City and are surrounded by relatives, which is a luxury many couples do not have
in this era of mobility.) But, again, our pain may be another young
professional woman's gain down the road, especially as more
mother/attorneys seek workable, creative solutions for
family/career management problems.
The next time you open up your AWL newsletter, it is very likely that my baby will be on the list of new "AWL babies." In
between early morning feedings and depo prep, I promise to make
time to let you know how my perspective on the challenges facing
mother/attorneys has changed with the addition of a new baby to
my life.
Some websites to consider
if you are a mother/attorney
(or are considering becoming one):
http://www.workingwoman.com
http://www.bluesuitmom.com
http://www.abanet.org/women
http://www.babycenter.com/pregnancy/pregnantatwork/index
http://www.dol.gov (U.S. Department of Labor)
http://unlimitedmom.com
http://www.momsrefuge.com
http://www.momscape.com