linkP.O. Box 414557 • Kansas City, MO 64141

August 2006 • Volume 18 • Number 3www.awl-kc.org

OFFICERS

B. Janeen deVries, PresidentTracy Bornman, President-Elect

Margaret Dean, TreasurerKim Fournier, Secretary

Tamie Anfang, Asst. SecretaryTracy L. Powell, Past President

MEMBERS OF THE BOARD

AWARDS & SCHOLARSHIP:Lara Dickey Lewis, ChairDiana Toman, Vice-Chair

JUDICIAL:Shelley Ericsson, Chair

Lauren McCubbin, Vice-Chair

MEMBERSHIP:Amanda Pennington Ketchum, Chair

Jennifer Kopp Dameron, Vice Chair

COMMUNITY SUPPORT:Mira Mdivani, Chair

Courtney Hueser, Vice Chair

SOCIAL ACTIVITIES:Jennifer Chapin, Chair

Pascale Henn, Vice Chair

CONTINUING LEGALEDUCATION:

Elle Sullivant, ChairLynn Weddle Judkins, Vice Chair

BOARD MEMBERS AT-LARGEBeverly WeberStacey McLey

Athena BrackmannSheryl Nelson

Kimberly GibbensAmy Lawlor

©2006 Association for Women Lawyers of Greater Kansas City

Board of Directors

The Association for WomenLawyers of Greater KansasCity has always believed that

part of its mission is to support andengage in community efforts to betterthe lives of women and girls, lawyersand non-lawyers alike. On Friday,July 14, AWL sponsored a pilot pro-gram to do just that. The first “StepUp for Women” was organized toprovide an opportunity for womenin the metropolitan area who aremost in need to meet with volunteerlegal professionals, to obtain legalrepresentation, and to work towardsresolving outstanding municipal vio-lations from Kansas City, MissouriMunicipal Court.

The program is aimed primarily at womenwho are receiving services from nearly a dozenarea facilities, including OperationBreakthrough, SAFEHOME, FriendshipHouse/Catherine's Place, Rose Brooks Center,Hope House, NewHouse and Amethyst Place.Many of the participants in those facilities are indifferent stages of turning their lives in a posi-tive direction, but may have outstanding trafficissues, missed court dates, unresolved warrants,or other relatively minor matters, which never-theless would keep them from getting employ-ment, renting an apartment, regaining a driver's

license, or otherwise putting their lives backtogether. Program organizers visited the facili-ties to receive referrals and answer questions,and determined the level of need in the commu-nity.

Dozens of criminal defense attorneys, mem-bers and non-members of AWL, volunteeredtheir time and talent on Friday to provide repre-sentation in Kansas City Municipal Court.Many were quick to participate in an effort thatproduced such immediate response in the com-munity, and has such long-term positive results.Lucy McShane, an AWL member and criminal

Association for Women LawyersLives Its Mission

AWL Board members Mira Mdivani and Tracy Bornman assisting some of theparticipants in the "Women in Shelter" Step-Up.

First ever “Step-Up for Women” successfully reaches out to the community, provides legal services

ink

it in

...

DATE .......... EVENTSeptember 22.......AWL Golf Tournament, 11:30-5:00 (Tetering Rocks)

October 12............Past President's Reception, 5:00-7:00 p.m. (Location TBA)

December 12........Annual Meeting and Holiday Judicial Reception, 5:00-7:00 pm. (Location TBA)

continued on page 7

2 the AWL link August 2006

Ican hardly believewe are half waythrough the year

already. Isn't it funnyhow fast six monthsgoes by these dayscompared to when youwere, say, 21! It seemslike I woke up one dayand had been practic-

ing law twenty years and had three grownchildren!

It has been a great year so far. I haveseen many of you at events and I reallyappreciate your participation and com-

mitment to this organization. I am look-ing forward to the rest of the year. Wehave more great events planned and Ihope to see many more of you.

As I think most of you know, the SusanB. Komen Race for the Cure is coming upin Kansas City on August 13. I recentlylearned that another of my friends wasdiagnosed with breast cancer and has justbegun chemo treatment. Her diagnosisbrings the count to six of my friends whoare survivors and I am looking forward torunning for all of them on August 13. Ihope all of you will sign up and supportall survivors.

President’s Messagepr

esid

ent’

s m

essa

geby

B.

Jane

en d

eVri

es

NEW AWLBABIES

Jenny Chapin and Walker

Woods are

the proud par-

ents of a baby

boy, Barrett

Corrigan

Woods born

on May 31,

2006 weighing 8 pounds 5

ounces and 21 inches long.

Congratulations to the family.

While many may laud theirorganizational prowess or"natural" leadership ten-

dencies, Lynn WeddleJudkins' focus is onpeople. Overall, servingher clients is what sheenjoys most in her workas a trial lawyer withFoland, Wickens,Eisfelder, Roper andHofer, P.C. She has beenwith the firm for threeyears and handles pri-marily construction liti-gation with additionalwork in product liability, personalinjury, and worker's compensationdefense. Lynn enjoys variety in herpractice - and most of all, the people.

Lynn began her legal career as ajudicial law clerk to the Hon. K.Preston Dean, II with the JacksonCounty Circuit Court. This seasoningallowed her exposure to the best (andworst) of trial practice. After clerk-ing, Lynn worked for Levy andCraig, a professional corporation,where she learned construction andmechanic's lien law, real estate, andsome bankruptcy while handling ofbusiness and commercial litigation.Although the transition to advocacywas difficult, Lynn learned a lot fromher former firm.

Her pre-law school experiences

included building relationships andmarketing roles as a member of thenational office for the American

Business Women'sAssociation (ABWA).Lynn also worked withthe members' nationalmagazine, Women inBusiness, for partner-ship development, con-ferences, and member-ship affinity programs.She misses the creativityof marketing and designbut always wanted to bea lawyer.

A St. Joseph, Missouri native, Lynnchose UMKC Law School for itsproximity to her family. Whileattending, she worked as the manag-ing editor for The Urban Lawyer,was published twice, received theTiera Farrow Award as an outstand-ing female law student, and aJurisprudence Award for the highestgrade in Contracts. Lynn consideredlaw school a lot of challenging fun,especially when she balanced school,work, and the son she had her sec-ond year.

Currently, Lynn returns to theBoard and serves as the vice-chair forCLE programming. She lives withher husband Patrick and son WilliamClayton "Clay" Andrew Judkins nearKearney, Missouri.

AWL Board MemberLynn Weddle Judkins

Lynn Weddle Judkins

JUST MARRIED

Courtney (Hueser) Hasselberg

was married on April 21, 2006

to Frank Hasselberg. The cou-

ple honeymooned in Australia.

Congratulations to you both.

August 2006 the AWL link 3

What’s going on ...

By Jennifer J. ChapinPolsinelli Shalton Welte Suelthaus P.C.

For the third year in a row, several dozen people ven-tured out of their climate-controlled environments intothe blazing hot weather for the AWL summer social

event at The Day Spa at Persona. The July 13 event, whichfeatured tours of the AWL Affinity Member's pleasant, tran-quil (and blessedly cool!) facility located at the southwest cor-ner of 74th Terrace and Wornall Road, featured delicious horsd'oeuvres and beverages. Persona's attentive staff and ownerGary Evert were on hand to answer questions and providerecommendations for services specific to AWL members'interests. Persona is committed to enriching the lives of eachand every guest they serve. For more information, pleasevisit Persona's web site at http://www.personakc.com.

The event also benefited the recently re-dedicatedChildren's Waiting Room at the Kansas City Municipal Court.The purpose of the Children's Waiting Room is to provide asafe area for the children of victims making court appear-ances in connection with domestic violence cases. AWLmembers and friends contributed books, toys and money tosupply the Children's Waiting Room.

Thank you again to the entire Persona staff for their gen-erosity and hospitality in hosting this summer social eventfor AWL members and benefiting the Children's WaitingRoom. And thank you to everyone who attended despite thesweltering heat!

AWL Summer Social a Blazing Success

Elle Sullivant and Shelley Ericsson enjoy AWL's summer social at Persona Day Spa.

AWL Board members Athena Brackmann, Pascale Henn and Tracy Bornman min-gling with AWL members.

Jenny Chapin and Janeen deVries take a minute to thank Persona Day Spa ownerGary Evert.

4 the AWL link August 2006

Wha

t’s

goin

g on

...

It is that time of year again to tee off at AWL's "I'm Not Serious AboutGolf" tournament. Mark your calendars now, and plan to registerearly, because we expect a full house for the annual tournament. Once

again this year the tournament will be held at Teetering Rocks GolfCourse on Friday, September 22, 2006 and begins with lunch at 12:30 anda shotgun start at 1:30. The tournament will be followed by a presenta-tion of awards and great door prizes. Don't miss out on this fun afternoonwith judges and fellow attorneys, and the opportunity to share a greatexperience without much athletic investment.

Tee Off with AWL at the 11th Annual “I’m Not Serious About Golf” Tournament

Henning wins Thomas J. Conway AwardCongratulations to AWL member R.

Denise Henning of Henning & Bough,P.C. -- this year's winner of the Thomas

J. Conway Award at the Kansas CityMetropolitan Bar Association's Bench BarConference on May 5, 2006. Denise is the firstfemale attorney to be awarded the Thomas J.Conway Award. The Thomas J. Conway Awardis given annually to an attorney who exhibitsprofessionalism and excellence in practice andtrial advocacy. In addition to the Thomas J.Conway Award, Denise has been chosen as oneof five Up and Coming Lawyers by MissouriLawyers Weekly in 1999. The Missouri BarFoundation awarded Denise the Lon O. HockerAward in 2002, which is given in recognition of outstandingtrial skills. Denise has also been named by the Kansas CityBusiness Journal as one of the "Best of the Bar" in Kansas City in2002, 2003, 2004 and 2005. Denise has received AWL'sPresident's Award twice and has named the AWL "Woman ofthe Year" in 2004.

Denise served on the AWL Board for many years and wasPresident of AWL in 2003. She now serves on the MissouriAssociation of Trial Attorneys Board of Governors and was theChair of the Continuing Legal Education Committee in 2003and 2004. Denise is the chairperson of the Missouri Bar's TortLaw Committee. Denise is a member of the Kansas CityMetropolitan Bar Association and the American Trial LawyersAssociation. Denise is a past president of the Board of Directors

of Sheffield Place, a local long-term transitionalliving facility and educational program forhomeless women and their children. She alsoserves on the board of directors of the Women'sIntersport Network of Kansas City.

Denise graduated magna cum laude fromthe University of Illinois School of Law (J.D.,1992) and summa cum laude from DoaneCollege (B.A., 1988). Denise began her legalcareer clerking for the Honorable PatriciaBreckenridge of the Missouri Court of Appeals,Western District. Denise now practices withStephen Bough in the areas of personal injuryand wrongful death representing injured peo-ple and families who have been victims of semi-

truck, automobile, construction and product-related accidents.In March 2005, Denise and Steve won an $8 million verdictagainst a California trucking company whose driver ran over a23-year-old man on 50 Highway near Lone Jack, Missouri . In1998, Denise secured the sixth highest settlement in Missouri ,$2.25 million, for a case involving a truck accident. Denise waspart of the legal team that sued American Airlines and secureda confidential settlement on behalf of crash survivor MercedesRamirez and her family after a 1996 crash in Cali, Colombia thatkilled 160 people, including Mercedes' parents.

Through her professional success and committed involve-ment in our civic and legal communities, Denise has dramati-cally improved the image of women and the legal profession.Congratulations Denise!

Denise Henning

Register now!Fill out the form on page 10

August 2006 the AWL link 5

Is Your Personal Information Safe?By Sheryl NelsonMembership Benefits

The FinancialModernizationAct of 1999, Pub.

L. No. 106-102, 113 Stat.1338, commonly knownas the "Gramm-Leach-Bliley Act" (the "GLBAct"), was enacted tohelp protect consumerinformation held byfinancial institutions.The GLB Act gives eightfederal agencies, along with the states, theauthority to administer and enforce thethree major aspects of the GLB Act.

The first part of the GLB Act is theFinancial Privacy Rule, which governsthe collection and disclosure of cus-tomers’ personal financial information byfinancial institutions and companies thatreceive such information. Such institu-tions include service companies that areinvolved with lending, brokering, realestate, mortgage, insurance, tax services,financial or credit counseling, debt collec-tions and a host of other types of financialservices.

The second part of the GLB Act is theSafeguards Rule, which requires all finan-cial institutions to design and implementsafeguards to protect their customers’information. The GLB Act not only regu-lates how businesses handle the financialinformation they gather from their cus-tomers, but perhaps most importantlywhat they can do with that information.

The third part of the GLB Act is its pre-texting provisions. These provisionsallow for states and federal agencies,including the Federal Trade Commission,to prosecute businesses that obtain per-sonal financial information under falsepretenses.

How much of an impact has the GLBAct had on protecting consumer informa-tion? The number of reported incidents ofbusinesses losing their customers’ per-sonal information in the last few years isstaggering. Here are just a few:

“VA Loses Personal Info of Veterans andActive-duty Personnel” - The Departmentof Veterans Affairs reported that thievesstole a laptop from a VA employee’shome that contained sensitive personalinformation of 26.5 million U.S. veterans.IDG News Service, May 23, 2006

“Lender loses personal information of 1.3million people” - A contractor of the TexasGuaranteed Student Loan Corporation

lost a piece of equipmentcontaining borrowers’names and social securitynumbers. The company isstill searching for theequipment and is in theprocess of notifying theaffected borrowers.Associated Press, June 1,2006

“Ameritrade loses cus-tomer account info” - Apackage containing fourback-up tapes containingaccount information for

up to 200,000 Ameritrade account hold-ers’ was misplaced by a shipping compa-ny Ameritrade uses. CNN, April 20, 2005

“Bank loses fed staffers’ personal info” -Bank of America Corp. lost computerdata tapes containing personal informa-tion on 1.2 million federal employees,including some members of the U.S.Senate. The lost data included social secu-rity numbers and account informationrelating to a federal government charge-card program. Associated Press, February26, 2005

“Bank loses tape with personal informationon 90,000 customers” - A tape containingthe social security numbers and otherconfidential data of 90,000 People’s Bankcustomers was lost while en route to acredit reporting bureau. The missing tapecontained information about personalcredit line accounts such as names,addresses, social security numbers andchecking account numbers. The bankoffered to pay for one year of credit mon-itoring service for affected customers andplans to start shipping data electronicallywith encrypted technology. AssociatedPress, January 12, 2006

Successful business is all about servic-ing customers and increasing businessthrough the promotion of new productsand services to existing and prospectivecustomers. In today’s world, many busi-nesses are accomplishing this with thehelp of personal credit information thecredit bureaus provide to them. As theability of computers has advanced, so hasthe ability of companies to cross referencecollected information about consumersand use it to direct advertising campaignsat a specified group of consumers, tomake available to those groups of con-sumers certain products or services, or todictate the terms on which those productsor services will be offered. This informa-tion has rapidly become a highly soughtafter commodity helping the consumer

data collection industry to really boomover the last five years. As a consequencehowever, the use of marketing strategiesincorporating personal data has becomemore prevalent as the data is now eveneasier for businesses to acquire.

Consumers have found that while thebenefits of having products advertised tothem and the ability to know they are pre-qualified for credit is convenient, the timeand worry associated with correctingreporting mistakes with the creditbureaus and protecting sensitive personalinformation is a burden. At the sametime, businesses are finding themselvesconcerned with balancing their desire touse personal information to sell to cus-tomers against the burden of beingrequired to protect customers’ privateinformation if that information is used intheir marketing strategies.

In 1970, Congress enacted the FairCredit and Reporting Act (the “FCRA”),15 U.S.C.S. §1681, et seq., which was thefederal government’s first major attemptto regulate the use and disclosure of per-sonal consumer data. The FCRA not onlyregulates access by businesses to con-sumer information, but also access to thatinformation by governmental agencies.Combined with the Privacy Act of 1974, 5U.S.C.S. §522a, consumers had moreempowered rights than previously toaccess and protect their personal data thatwas collected by the consumer reportingagencies.

Even with the enactment of these laws,personal information is being used andmisused by third parties and continues tobe a serious concern for consumers inlight of the rash of identity theft cases inthe last few years. For example, theFederal Trade Commission received morethan 250,000 complaints of identity theftin calendar year 2005, up from approxi-mately 215,000 complaints in calendaryear 2003 (Consumer Fraud and IdentityTheft Complaint Data January -December 2005, Federal TradeCommission, Released January 25, 2006).In 2005, Missouri and Kansas ranked 19thand 32nd, respectively, among the fiftystates in identity theft complaints per100,000 in population. Id.

Identity theft has been a problem formany years, but with the advances intechnology and the ability of credit to beso easily assessable to others in the mail-box (e.g., through credit card statements,pre-approval offers and advertisements),consumers have lobbied for even greater

continued on page 6

Substantive Law

Update ...

Sheryl Nelson

6 the AWL link August 2006

Sub

stan

tive

Law

,co

ntin

ued

... protection of their credit and their identities.One of the first advances that consumers saw in this area was

the ability to put a fraud alert on their credit report if theyassert, with a good faith suspicion, that they have been the vic-tim of identity theft. Under 15 U.S.C. §1681c-1, an alert can beplaced on a consumer’s credit report that will show up whenbusinesses attempting to extend credit to that specific consumeraccess the report. Seeing the alert, the company may then calland require identification and authorization before the compa-ny continues with the transaction. However, because compli-ance with the fraud alert is not mandated, it’s intended goal ofstopping identity theft and credit fraud has not met its fullpotential.

Fraud alerts are often ineffective at stopping company adver-tising and fraudulent mailings because of language in theFCRA which allows companies to furnish lists of consumersthat match certain criteria, as long as the fraud alert is noted onthe list. A 1996 amendment to the Fair Credit and Reporting Act(Consumer Credit Reporting Reform Act of 1996, Pub. L. 104-208) answered consumer concerns about pretexting and massmailings by giving consumers the ability to opt-out of informa-tion shared by credit and insurance companies. This allowedfor dinner time around the table to be a little more peaceful, andthe mailbox to be a little less full of junk mail and it may havereduced the number of fraudulent attempts to access a con-sumer’s credit, but it also may have reduced legitimateattempts to extend credit to consumers — a veritable “Catch-22.”

In 2003, Congress added new sections to the FCRA, throughthe Fair and Accurate Credit Transactions Act (the “FACT Act”),Pub. L. 108-159, 111 Stat. 1952. These new sections not onlyallow consumers access to a free credit report annually fromeach of the big three credit reporting agencies, but perhapsmore importantly it gives consumers an extra opt-out choice.This opt-out allows a consumer to restrict the sharing of theirinformation with affiliates of a company with which they havedone business. One major draw back of the FACT Act is thatmany of the regulations that it calls for have still not been mademandatory.

As a result of this gap in the federal consumer credit protec-tion laws, some states, responding to pressure from consumerprotection groups, began to create state laws to help better pro-tect consumers from identity theft and the improper sharing oftheir personal information. For example, some state laws havebegun to allow for a complete freeze or lock down of a con-sumer’s credit.

California was the first state to allow a consumer to freeze hercredit report, thus making prescreening and identity theft moredifficult. Currently, there are twelve states that allow for afreeze, although some do limit this right to consumers that havebeen the victim of identity theft. Many states currently havebills that would enact similar laws. The freeze stops access tothe credit information and helps stop identity theft and abuse,but it does not stop the credit reporting agencies from sellingthe credit information to companies that wish to prescreen orsolicit through mass mailings.

Introduced in March 2006, Missouri H.B. 2136 is very similarproposed legislation. It would establish the Identity TheftPrevention Act and would specify the procedures for a con-sumer to place a security freeze on her consumer report. Therewould be no fee for placing the freeze on a report, but therewould be a fee of $5 to lift the freeze to allow access to the reportafter the consumer supplies a pass-code to the credit reporting

agency. Another competing bill, which stemmed from S.B. 506,is H.B. 1127. This bill proposes eight new sections to Chapter407 of the Missouri statutes relating to the release of personalinformation to unauthorized persons and businesses.Currently, neither of these bills is on a calendar for considera-tion.

Beginning as early as January 2007, the Kansas Fair CreditReporting Act, Kan. Stat. Ann. §§50-701 to -722 (2006), could beamended through S.B. 196 to allow a consumer that has beenthe victim of identity theft and has filed a complaint with a lawenforcement agency to place a security freeze on his creditreport.

For a growing number of years victims of identity theft andcredit report abuse have pursued claims against the creditreporting agencies and business owners for improper use ofpersonal information. Perhaps the most litigated issue of con-sumer privacy and credit reporting issues today concerns pre-screening and pretexting by companies attempting to solicitnew business. It is the issue of when a company may pull acredit report on an individual and what the company may dowith the information it receives. 15 U.S.C. §1681(c) defines thecircumstances under which a third party may access a con-sumer’s credit report and use the information it receives. Ifaccessing the credit file is for any transaction relating to creditor insurance and is not initiated by the consumer, then thetransaction must conform to 15 U.S.C. §1682(c). Essentially, thecompany accessing the credit file must make a firm offer ofcredit or insurance to the consumer. If the company finds thatthe consumer has elected to be excluded from any lists provid-ed by a consumer reporting agency to third parties for use inproviding firm offers of credit, the company must comply withthe consumer’s wishes and avoid making the solicitation.

A line of cases is developing that distinguishes what is andwhat is not a “firm” offer of credit. In Cole v. U.S. Capital, Inc.,389 F.3d 719 (7th Cir. 2004), two important issues were consid-ered by the Court. First, to constitute a “firm” offer of credit, theoffer of credit must have value significant enough to the cus-tomer to justify the intrusion into the consumer’s credit file.The amount of credit offered and the terms of the credit aredeterminative of that issue. Secondly, the Court considered thetype of credit product being offered to the consumer. The Courtconsidered flyers for mail order products and pure sales adver-tising as not being allowed under the 15 U.S.C.S. 1681(a)(4).

In Kudlicki v. Farragut Financial Corp., No. 05-C-2459 (N.D.Ill. Jan. 20, 2006), the Seventh Circuit illustrated the type ofsolicitation practices that Cole was attempting to regulate. Inthat case, the Court found that an advertising mailer sent toconsumers that described the credit product and interest ratewith language like “as low as” and “terms subject to change atany time” was not a firm offer of credit.

In Hernandez v. Chase Bank USA, N.A. (May, 2, 2006 U.S.Dist. LEXIS 28853), the Court allowed a consumer to bring aclass action complaint against a mortgage company alleging aviolation of the FCRA without alleging any actual damages.The mailer in question was at issue because the exact nature ofthe loan that the consumer had been offered was subject tomore than verification and analysis of preselected criteria.

Under the FCRA, consumers are provided a cause of actionfor negligent noncompliance with the statute and are permittedto recover actual damages, costs, and attorney’s fees. It alsoallows courts to impose civil liability for willful noncompliancein the form of: 1) actual damages sustained by the consumer asa result of the failure, or damages of not less than $100 and notmore than $1,000; 2) punitive damages; and 3) costs and rea-

Information, continued from page 5

continued on next page

August 2006 the AWL link 7

defense attorney in private practice, said“This is a great use of my law degree - itis so satisfying to see concrete resultsfrom helping people.”

Municipal Court Judges MichaelMcAdam, Elena M. Franco, and John B.Williams were available to preside overthe proceedings. Presiding Judge Pro-Tem Elena M. Franco said, “It's great tohave these individuals able to addresstheir legal obligations without the addedstress and fear of persecution by theirabusers.”

The Step-Up Program was the brain-child of AWL president Janeen deVries,who along with her husband and lawpartner Coulter deVries, had long volun-teered with similar programs, and knowthe negative effects unresolved legalissues, however minor, can have on peo-ple's lives. “It was an opportunity to giveback to the community and to use myprofession to better the lives of a lot ofwomen,” said Janeen deVries.

AWL coordinators Molly Williams andMira Mdivani said they initially expecteda few dozen women to take advantage ofthe proffered services. After talking withthe facilities and meeting with some ofthe women, they found the need wasmuch greater than expected. “I've real-ized that there is a huge segment of thiscommunity that is constantly lookingover their shoulders or waiting for theother shoe to drop - that is a scary way togo through life, especially when you are

the sole support for your children, or aretrying to escape a desperate situation, orrebuilding after a destructive period oftime,” said Molly Williams, AWL Step-Upcoordinator.

Kim Davis, Social Services Coordinatorat Operation Breakthrough, was thrilledwith the turnout and the program. “AWLhas made an incredible difference in thelives of many of our moms; this allowsthem access to employment and housing.Many of them will sleep better tonight.”

One participant came to court to gethelp with an outstanding warrant thatwas keeping her from getting work.During a bout with drugs and alcohol,she was arrested and charged. She thenmissed the court date because of a hospi-talization, and things snowballed. Nowclean and a resident of ReDiscoverCenter, she is working to put her life backtogether. “When you are drinking anddrugging, your mind is overwhelmedwith the things you haven't done foryourself; all you can do is drink more tocover it up. These people helping metoday shows me that there is light at theend of the tunnel.”

Nearly 130 participants were able toresolve legal issues on Friday, many ofwhom might never have been able tostraighten out their problems otherwise.AWL thanks the prosecutors, judges,clerks and bailiffs who put in long hoursto make this happen. AWL especiallythanks the following attorneys who vol-unteered their time and talent to makethis an enormously successful project:

Tracy Bornman, Anna LaBella Daddario,Jennifer Dameron, Margaret Dean,Coulter deVries, Janeen deVries, DaveFry, Lisa Hurley, Courtney Hueser,Marilyn Keller, Amanda Ketchum,Howard Lotven, Lucy McShane, MiraMdivani, Frankie Navratil, PhyllisNorman, P. J. O'Connor, John Quinn,Beverly Weber, Molly Williams.

Step-up, continued from page 1

Judge Margaret L. SauerJudge Margaret Sauer is an

Associate Circuit Judge in JacksonCounty. She handles a diverse

range and large volume of civil, criminaland domestic cases.

Judge Sauer received a Bachelor ofScience and a Masters degree in SpecialEducation and taught for seven yearsbefore law school. She received her JurisDoctorate in 1983 from the University ofMissouri - Kansas City.

Judge Sauer began her legal career asan attorney for the Jackson County PublicAdministrator. She was legal counsel andthen Deputy Commissioner in theProbate Division of the Circuit Court.Judge Sauer is a frequent speaker at con-tinuing education programs, is a Masterof the Inns of UMKC, is on the Board ofthe Missouri Associate and ProbateJudges Association, is the editor of theProbate & Trust case law summaries forthe Missouri Bar Courts & CLE Bulletin,

and served as a facilita-tor at the NationalJudicial College at TheUniversity of Nevada-Reno in 2005.

Judge Sauer wasappointed to the courtin 2000 by the lateGovernor MelCarnahan. JudgeSauer's caseloadinvolves many pro sedefendants. Shebelieves that balancingthe interests of theunrepresented litigants,prompt disposition ofcases and the integrityof the judicial system, while providingaccess to justice, is a challenge for every-one involved in the judicial system.

Judge Sauer is a past-president of theAssociation for Women Lawyers. Judge

Sauer has been recog-nized for her contribu-tions with the UMKCLaw Foundation PublicService Award (1995),the Association forWomen LawyersJudicial RecognitionAward from (2000), andin 2005 by LEAP(Lawyers EncouragingAcademic Performance)for her service at St.Vincent's OperationBreakthrough. JudgeSauer has mentored thesame young woman,now 18 years old, from

St. Vincent's since 1997.Judge Sauer, as well as many other

judges, is up for retention this fall. Pleasemake sure to get out and vote in thisimportant election.

The Honorable Margaret L. Sauer

sonable attorneys’ fees if the con-sumer plaintiff is successful on hisclaim.

There is an abundance of websitesand governmental agencies availableto consumers who believe they havebeen the victims of credit fraud oridentity theft. Consumers seekingadvice on protecting the integrity oftheir credit should be aware of theirrights to opt-out of unsolicited, pre-screened offers as a protective meas-ure. A toll-free number, (888) 5-OPTOUT, is available for anyoneinterested, and consumers may optback in at anytime. There is no jointopt out for spouses, so each spousemust opt out individually.

Also, to the extent a state’s lawsallow it, freezing a credit report maybe an option, although individualbusiness owners should balance thedesire for credit protection against thepossible burden the freezing places ontheir ability to efficiently and quicklyapply for business credit.

Information, continued from page 6

mem

ber profile ...T

he Honorable M

argaret L.S

auer

8 the AWL link August 2006

Accent Transportation, LLCBy Sheryl NelsonMembership Benefits

A ccent Transportation, LLC,with its home office inJohnson County, Kansas, pro-

vides timely and professional trans-portation services to its commercialand individual clients, whereverlocated.

Founded in 2001 by father and sonJay and Tim Toman after beingemployed for years in the legal pro-fession and construction industry,respectively, Accent Transportation'score services consist of transportingclients by town car or van to andfrom the Kansas City InternationalAirport. The company also arrangesfor their clients' other transportationneeds, such as shuttling individualsbetween meeting locations and hotelsand if a client needs a stretch limou-sine or a bus, Accent Transportationwill make arrangements for that aswell. Jay has even been known toprovide transportation in a stretchlimousine to a group of people whowanted to see the Christmas lights inKansas City!

The focus of Accent Transportation's drivers, whichinclude founders Jay and Tim, other family members andan employee who is not related, is on being available,professional, timely, and likeable on a personal level. It isimportant to them that they get to know the folks they're

driving and whether, for example, they like to chat ontheir drive about their family or whether they prefer toenjoy some quiet time.

Accent Transportation has a broad range of clients,both commercial and individual. Its largest businessclients consist of a Kansas City law firm and an advertis-ing agency. The company's individual clients includeattorneys, construction workers, financial servicesproviders and visitors to the Kansas City area, just toname a few.

The company's rates vary depending on the service,but in this regard Accent Transportation sets itself apartfrom other similar livery services by accepting "on thespot" credit card payments and by charging rates pervehicle and not per person, thus allowing their clients anopportunity to save money by sharing a ride.

All of this being said, it is easy to understand why thecompany's growth has been due largely to referrals andwhy its tagline is "We put the accent on service."

To arrange for Accent Transportation's services, contactJay or Tim at (913) 642-3576 or send an email to accent-transportation@yahoo.com.

AWL is pleased to welcome the followingnew Affinity Members:

Insight Eyecare Specialties, P.C.TranslationPerfect.com

Ken Smith, Mid-America Financial GroupMelanie Tucker, CBIZ/Mayer Hoffman McCann, P.C.

Julie Moore, In Style SalonAmy Lawlor, Arbonne International Independent

ConsultantOrion Mortgage Advisors, LLC

Nicole Wilt, Complete BodySuper Suppers (Overland Park and Olathe)

Cindy Yowell, It's All in the DetailsBack to Earth Landscape Design, LLCAnn Tierney, Personal Shopper - Halls

Please check the AWL website for a description of the services and benefits offered by these and

other Affinity Members.

Aff

init

y M

embe

r P

rofi

le .

..A

ccen

t Tr

ansp

orta

tion

SAVE THE DATE!!!THE DAILY RECORD'S

Legal Leaders of the Year™ Luncheon11:30 am September 13th, 2006, at the Hyatt

Call 816-931-2002 for tickets and sponsorship opportunities.

August 2006 the AWL link 9

Diability Incom

e Insurance

AWL would like to thank all of our Premier and Ambassador Members for their continued support!

Premier MembersThe Honorable Karen Arnold-BurgerShirley E. GozaNancy KennerPaul Kavanaugh Anita Porte RobbJudith SharpJill KanatzarTim DollarTerry J. SatterleeMegan ThornberryThe Honorable Sherrill RosenStephen BoughLara Dickey LewisThe Honorable Nanette LaughreyLisa A. BrunnerTheresa LevingsElizabeth BadgerAnne PostJennifer ReaganElaine KochTracy BornmanMary LiddleTeresa Woody

Dean Ellen SuniBetsey Ann StewartDenise HenningThe Honorable Patricia BreckenridgeJanet PeririaThe Honorable S. Margene BurnettJanet BlauveltNancy A. NortonJolie JustusThe Honorable Kathleen A. ForsythAnne WehagezickwolfSheryl Nelson

Ambassador MembersAnita RodarteThe Honorable Janet SuttonMargaret DeanThe Honorable Susan BlaneyJennifer ChapinLinda WinterRegina BassPaula L. SchwachElizabeth LawrenceCathleen ConnealyCythia Parres

By Ken Smith

Would you ever show up in thecourtroom-or at a client meet-ing-without properly prepar-

ing your case or researching your client'ssituation?

Of course not. In fact, for mostlawyers, the idea of being poorly pre-pared at a crucial moment is the stuff ofnightmares.

But no matter how well you prepareyour cases, there's an all-too-commonscenario that you may not have anticipat-ed fully: what would happen if you wereto become disabled. Perhaps you believethat you're fully covered by a group pol-icy your firm has purchased. However,the truth is that while group DI is oftenrelatively inexpensive and easy toadminister, it can also fall short just whenyou need it most-leaving you in for someunpleasant surprises when it's too late tocorrect the situation.

Furthermore, disability may be farmore common than you imagine. Even ifyou're young and careful, it could hap-pen to you-through an accident…aninjury…or a lengthy illness. And in fact itdoes happen-probably much more oftenthan you might think.

According to a recent study, althoughmost people believe they have only a16% chance of becoming disabled duringtheir working years, the startling realityis that:

• If you're under age 35, chances are onein three that you will be disabled for atleast six months during the course ofyour career.

• Men have a 43% chance of becomingseriously disabled during their work-ing years.2 Women have a 54%chance.2

• At age 42, it is four times more likely

that you will become seriously dis-abled than that you will die duringyour working years.2

Want to be better prepared? Considerthe following:

Learning to speak the lingoThe right disability income policy can

help you keep your household going,even if you suffer a long-term disability.But before you go shopping for a DI pol-icy, you need to know what features tolook for-and the language the insuranceindustry uses to describe them. The fol-lowing terms are part of the languagedescribing high-quality policies, and arewhat you should look for to get coverageyou can count on:

• Non-cancellable: To avoid the possibil-ity of losing your coverage just whenyou need it most, choose a policy that's

Disability Income Insurance:What Every Attorney Needs to Know

continued on page 11

10 the AWL link August 2006

"I'm

Not

Ser

ious

Abo

ut G

olf"

Reg

istr

atio

n Fo

rm .

.. SEPTEMBER 22, 2006 “I’M NOT SERIOUS ABOUT GOLF”

REGISTRATION FORM(Deadline is Thursday, September 15, 2006)

Name _____________________________ Are you an AWL member? Yes ___ NO___

Phone ___________________ I have played golf ___ times in the past two years (none is ok)

IN KEEPING WITH THE SPIRIT OF THE TOURNAMENTTEAMS WILL BE COMPRISED OF PLAYERS WITH

VARYING FREQUENCY OF PLAYABSOLUTELY NO PRE-ARRANGED TEAMS!!!

Lunch and Golf (9 holes) for all participants - $40.00; Lunch only - $15.00

Make checks payable to AWL and mail (with Registration) to:Phyllis A. Norman 800 W. 47th St., Suite 700, KC, MO 64112

NO REFUNDS AFTER FRIDAY, SEPTEMBER 15, 2006

__________________________________________________________________________

BE A SPORT!!! TOURNAMENT SPONSORSHIP FORM

A $200.00 donation will allow any individual, law firm, or other business to be a proud holesponsor for AWL’s premier 2006 sporting event, and to be appropriately recognized for yourgenerosity. Contributors of prizes or services will be recognized as general sponsors of theevent.

Amount enclosed $______________ Hole Preference _____ Second Choice __________

Other Contribution: Description: ____________________________________________

Contact Person: ___________________________ Phone Number: ______________

Name: _________________________________________________________________(as you would like it to appear on acknowledgement)

Street Address: ___________________________________________________________

City, State, Zip: ____________________________________________________________

Make checks payable to AWL and mail (with Sponsorship Form) to:Phyllis Norman 800 W. 47th St., Suite 700, KCMO 64112

Questions? Call Phyllis Norman at 913-579-5514 or Athena Brackmann at 816-471-4881

August 2006 the AWL link 11

Diability Incom

e Insurance,continued ...

non-cancellable and guaranteedrenewable to age 65-with premiumsalso guaranteed until age 65. Withgroup or association group coverage,you run the risk of being dropped andleft unprotected at a time in your lifewhen, due to your age or to a change inyour health, it would be very difficultto qualify for coverage from anotherprovider.

• Conditionally renewable for life:Although premiums may increaseafter age 65, your policy should beguaranteed renewable for life, as longas you are at work full time.

• "Own-occupation": Own-occupationcoverage defines "totally disabled"-andtherefore eligible for benefits-as beingunable to perform the material andsubstantial duties of your own occupa-tion even if you are working in a dif-ferent occupation. As a highly skilledprofessional, who has invested somuch in education and training, youwant to make sure you have genuineown-occupation coverage…so thateven if you can teach, for example, inyour field-but cannot practice law-youare still eligible for benefits. Groupcoverage is rarely true own-occupationcoverage.

• Residual Disability coverage: Througha rider, a good individual DI plan canprovide you with protection againstthe income loss you may suffer as aresult of partial (residual) disability-even if you have never suffered a peri-od of total disability. This kind of resid-ual coverage is not available with mostgroup plans.

• A choice of "Riders": Riders offeroptional additional coverage such asannual Future Increase Options,Automatic Increase and Cost of LivingAdjustments, or "COLA."

Protecting your business, as well as yourselfAs a lawyer, you must also protect the

source of your income: the firm you'veworked so hard to establish and grow.Special policies, available from the sameDI providers who offer high-quality indi-vidual coverage, offer your office protec-tion while you recover from a disability.

To help meet the expenses of runningthe office while you are disabled, consid-er a separate type of disability coverageknown as Professional OverheadExpense or POE. Benefits reimburse your

practice for expenses such as rent foryour office, electricity, heat, telephoneand utilities, as well as interest on busi-ness debts and lease payments on furni-ture and equipment.

Overhead expense insurance specifi-cally designed for professionals payssome additional costs not included inregular business overhead expense poli-cies-including the salaries of employeesexcept those who are members of yourprofession. In an office such as yours, forexample, salaries for the receptionist andstaff would be covered, but not the salaryof your law partners or any junior attor-neys. However, high-quality professionaloverhead policies will cover at least partof the salary of a professional temporaryreplacement for you, such as a lawyerretained to fill in during your total dis-ability.

In addition…Lawyers who are partners in a group

will want to consider a policy known as aDisability Buy-Out or DBO. In much thesame way that life insurance benefits canbe set aside to fund a buy-out by theremaining partner (or partners) if onepartner dies, DBO is designed to fund thehealthy partners' purchase of the dis-abled partner's share of the business.With the proper agreement in placebefore disability occurs, hard feelingsand the conflicts of interest that resultfrom a partner's disability can be avoid-ed. Furthermore, in combination with thedisabled partner's individual DisabilityIncome coverage and POE, a DBO policycan allow the business to continue to gen-erate an income for the healthy partner,

while the disabled partner is supportedby the benefits from his or her individualDI policy. Any continuing share of thebusiness expenses is reimbursed by thedisabled partner's POE policy.

Take the time to consider upgradingyour DI coverage today. You know howvaluable it is to be fully prepared-in allareas of life. Having the right DI cover-age could be vitally important to youreconomic wellbeing in the future-andhelp protect one of your most valuableassets: the ability to earn an income bypracticing law.

In the case of DI protection, as in yourlegal work, a little extra planning andresearch in advance could prove invalu-able at a later date. The truth is, success-ful professionals often need far morecomplete DI coverage than is providedthrough their firm's group policy orthrough association coverage. How doesyour coverage stack up? To find out, aska reputable DI agent for a free consulta-tion-specifically to help you compareyour present coverage to an individual"own-occupation" policy for profession-als, tailored to suit your individualneeds.

* 1985 Commissioners IndividualDisability Table ANovember 2004

Ken SmithMid-America Financial GroupLighton Towers7500 College Blvd., Suite 1100Overland Park, KS 66210(913) 345-1030Ken_Smith@glic.com

Insurance, continued from page 9

AWL co-sponsored a KCMBA Young Lawyers happy hour at Frondizi's onMay 18, 2006. This was a great opportunity for AWL members to meetyoung lawyers in the area, as well as socialize with old friends from both

the KCMBA and AWL. Frondizi's served delicious appetizers and provided anideal setting on its deck overlooking the Plaza. The event was well attended bymembers of both organizations, and AWL thanks all of you who joined in theevening.

AWL thanks Stinson Morrison Hecker, LLP for hosting a membershipluncheon on June 16, 2006, at its office. AWL's featured speaker, theHonorable Nanette Laughrey, held the crowd's attention by sharing her

story of how she reached her current position as a district judge for the WesternDistrict of Missouri. While traveling through Missouri, a blizzard on I-70 actual-ly led to Judge Laughrey calling Columbia home, where she eventually graduat-ed as the top ranked student in her law school class and served as a faculty mem-ber at the School of Law before assuming her position on the bench. The recordturnout is a reflection of how well-respected Judge Laughrey is in the legal com-munity, and AWL thanks her for graciously agreeing to speak at the event.

AWL's next membership luncheon will be held at the Missouri Court ofAppeals on August 23rd, 2006. All law clerks, prosecutors, and public defendersare invited to attend. Please contact Amanda Ketchum at 816-753-5200 for moreinformation.

Association for Women Lawyers of Greater Kansas CityP.O Box 414557Kansas City, MO 64141

ADDRESS SERVICE REQUESTED

PRESORT STANDARDUS POSTAGE

PAIDPERMIT #5640

KANSAS CITY, MO

• Serious Automobile Accidents• Big Truck Litigation

• Product Liability Cases• Wrongful Death Litigation

Stephen Bough

1 0 4 4 M a i n , S u i t e 5 0 0 • K a n s a s C i t y , M O 6 4 1 0 5P h o n e : 8 1 6 - 2 2 1 - 8 4 4 2 • F a x : 8 1 6 - 2 2 1 - 8 4 4 9

Representing injured plaintiffs in Jackson County

stephenbough@henningbough.comdenisehenning@henningbough.com

Denise Henning

Built in 1899, the Women's Leadership Fountain resides at Ninth Street and the Paseo in Kansas City, Missouri. Untilrecently, it was known as the "oldest operating fountain" in Kansas City. But what once commemorated the impor-tance of women acting as leaders in their communities has fallen into disrepair. Fortunately, a community-based

effort, in conjunction with the Central Exchange, has been working to raise the estimated $1.3 million to restore the stonemonument.

As part of that effort, on August 8, 2006, a special election will be held in Kansas City, Missouri submitting a question pro-viding for the sale of certain property, the proceeds of which will be used toward restoration of the fountain. AWL supportsthis initiative since the fountain is dedicated to important ideals held by our organization. We encourage all eligible mem-bers to consider voting in support of this effort.

According to the Office of the City Clerk, Question No. 1 will appear on the Kansas City, Missouri ballot as follows:

QUESTION NO. 1 (Sale of Park Property)Ordinance Number 060511

Should the Charter of Kansas City be amended by allowing the sale, upon competitive bidding, of approximately 1.7 acresof park property generally located at 22nd Street and Gillham Road, including the vacant and currently unused building

commonly known as the Fire Alarm Exchange Building, contingent upon use of any proceeds from the sale for the restora-tion of the Women's Leadership Fountain located at 9th Street and The Paseo?

_____ Yes_____ No

To support this initiative, please vote "yes."

The Women's Leadership FountainThe Women's Leadership Fountain