Keynote Speaker: The Honorable Judge Dan Conklin
Special Guest, the Honorable Judge Dan Conklin (Circuit Judge of Greene County, Springfield, MO) will focus on courthouse operations, from the filing of a lawsuit to conclusion. He will discuss evidentiary issues involved in cases, communications between attorneys and judges, the role of the Circuit Clerk’s Office, and also courthouse efficiency. He will also offer advice and insight on how to successfully deal with the complexities of litigation. 12:00pm – 12:50pm (during lunch) |
Session 1 | 9:00am – 9:50am (Choose One)
Class 1 - BAD FAITH ISSUES: This class includes a discussion on violation of Good Faith Claims Handling; Bad Faith Case Law, and a discussion period. The instructor reviews those items that need to be considered in order to prevent bad faith claims handling. Various case law will be cited, including Rinehart v Shelter General Insurance Co., Johnson v Hardware Mutual Casualty Co., and more. Taught by Laurel Stevenson, Esq., who is Of Counsel in the Torts & Business Litigation Department of Lathrop & Gage LLP in Springfield, Missouri.
Class 2 - ARSON PROSECUTION FROM THE DEFENSE PROSPECTIVE: This class includes a discussion on the Defense Objective, i. e. reasonable doubt, including playing on the jury’s natural bias and CSI Factor. Discussion centers on turning a circumstantial case into a fraud case, attacking links in a chain, and suspect’s alibi. This will also include a discussion on attacking the Forensics, which includes a discussion on the NFPA 921 and how to challenge qualifications, methodologies, and conclusions. Class will also include a roadmap to cross-examination and how to employ the scientific message and alternative theories. Taught by Michael A. Schlatman, President, Fire Consulting International, Shawnee Mission, KS.
Session 2 | 10:00am – 10:50am (Choose One)
Class 3 - RECENT DEVELOPMENTS IN AUTOMOBILE INSURANCE COVERAGE LAW IN MISSOURI: This class emphasizes recent developments in Underinsured Motorist Coverage and discusses how recent case law has eliminated set-offs, has found policies to stack, and how the cases have affected “Household Exclusion Clauses.” The instructor will also discuss recent cases in the area of Uninsured Motorist coverage along with cases dealing with permissive users and coverage issues and the trend toward the courts finding liability coverage when stacking policies. Taught by Seth G. Gausnell, Attorney at Law, a principal in the law firm of Rabbitt, Pitzer & Snodgrass, P. C., Saint Louis, MO.
Class 4 - TRIAL ETHICS: This class focuses on the tripartite relationship, general pretrial and trial, and jury selection. Discussion includes an examination of ethical parameters while making an opening statement, talking to witnesses, and subpoenaing witnesses and records. This will include a look at obtaining medical records during trial without medical authorization. Further discussion includes a look at instructions and closing arguments. Taught by Gary E. Snodgrass and Jerome C. Simon, Attorneys at Law, principals with the law firm of Rabbitt, Pitzer & Snodgrass, P. C., Saint Louis, MO.
Session 3 | 11:00am – 11:50am (Choose One)
Class 5 - MEDIATION: This class focuses on mediation, and to a lesser extent, other forms of alternative dispute resolution. It examines what mediation is, the differences between mediation and other forms of alternative dispute resolution, why and when cases should be mediated, when they should not be mediated, advantages and disadvantages of mediation, various types of mediation procedures, and types of mediators. Discussion also includes what to avoid as part of the mediation process and examines Missouri’s court rule and statutes concerning alternative dispute resolution, as well as the United States District Court for the Western District of Missouri’s Alternative Dispute Resolution Program, the Early Assessment Program. Taught by Stephen H. Snead, Attorney at Law, Wallace, Saunders, Austin, Brown & Enochs, Chartered.
Class 6 - COOKING THE BOOKS METHODOLOGIES TO MISREPRESENT FINANCIAL RESULTS: This course provides an overview of typical methods used to manipulate financial records in order to conceal or misrepresent the financial condition of an operation. Common techniques discussed include overstating or understating liabilities, equity, revenue, and expense. The motivation on the part of business owners will be discussed in this context including understatement of taxable income to pay less taxes, overstatement of assets, sales, profits, and equity in order to secure financing for loans or to profit from an insurance claim or submission of damages in a lawsuit. Additionally, the increasing volume of business financial accounting software such as Quickbooks and Quicken have led to more computer sophisticated owners who have learned the ease with which entries to the general ledger can be manipulated. Taught by Randall H. Wilson, CPA/CFF, CFE, CR.FA, MA, partner/US Director of Fraud and Fidelity Services, RGL Forensics, Saint Louis, MO.
Lunch & Keynote Speaker | 12:00pm – 12:50pm
Class 7 - WHAT JUDGES WANT PEOPLE TO KNOW: Special Guest, the Honorable Judge Dan Conklin (Circuit Judge of Greene County, Springfield, MO) will focus on courthouse operations, from the filing of a lawsuit to conclusion. He will discuss evidentiary issues involved in cases, communications between attorneys and judges, the role of the Circuit Clerk’s Office, and also courthouse efficiency. He will also offer advice and insight on how to successfully deal with the complexities of litigation.
Session 4 | 1:00pm – 1:50pm (Choose One)
Class 8 - IDENTIFYING AND DEALING WITH COMMON ETHICAL PROBLEMS: This class explores what conflict of interest issues are to be considered when dealing with confidentiality issues. Further topics include contingent loans, client/lawyer relationship, conflicts of interest regarding prohibitive transactions, Rule 4-1.8 (e), Rancaman v Interim Settlement Funding Corporation, the sticky issue of setting attorney fees, indemnification, Formal Opinion 125 issued by the Advisory Committee of the Supreme Court of Missouri, and when you can talk to employees of the opposing party, including Missouri Ethics Rule 4-4.2. Taught by Laurel Stevenson, Esq., Of Counsel in the Torts & Business Litigation Department of Lathrop & Gage LLP in Springfield, MO.
Class 9 - EMPLOYEE FRAUD 101 (A GUIDE FOR UNDERSTANDING, DETECTING, AND HANDLING EMPLOYEE THEFT): This presentation focuses on helping employers understand who is the most likely to commit theft from their employer; why employees steal from their employers, how employees are most often caught, how employers can detect potential theft problems, and what the employer should do when an employee theft is suspected. Taught by Larry D. Ellison, CPA, CVA, CFE, CFF, CMAP and by Julie E. Wagner, CPA, CFFA, CVA. Mr. Ellison supervises the KPM practice areas of Valuation and Litigation Services. Ms. Wagner is a manager at KPM and provides forensic analysis and investigation services.
Session 5 | 2:00pm – 2:50pm (Choose One)
Class 10 - THE IMPORTANCE OF RISK MANAGEMENT AND INSURANCE TO BUSINESS: The traditional insurance agent provides access to insurance companies on behalf of the client and provides service to that client once the insurance is purchased; however, advanced risk solutions firms realize that this is only 50% of the risk transaction. The next level of risk management service is a proactive search for uncovered potential exposures and providing solutions beyond the insurance policies that minimize or eliminate these exposures. By finding these other exposures, identifying them for the client and providing solutions, the client addresses the total cost of risk, not just the insurance policy cost. Taught by David R. Arney, President/CEO Akers & Arney, Branson, MO.
Class 11 - ELEMENTS OF BAD FAITH LAW IN MISSOURI: This class includes a discussion of bad faith failure to pay settlement demands and third-party context, other bad faith issues in third-party context, firstparty vexatious refusal to pay, other first party extra-contractual issues, and basics of Missouri procedural issues in bad faith. Taught by Dan N. Allmayer, shareholder of the law firm of Allmayer & Associates, Kansas City, MO.
Session 6 | 3:00pm – 3:50pm (Choose One)
Class 12 - HOW TO CALCULATE DAMAGES: This class gives an overview on what you may not know about mental and emotional distress, including a discussion of Norfolk & Western Railway Company v Ayres, Hedgecorth v Union Pacific Railroad Company. Learn what must be proven to obtain mental anguish damages, Bass v Nooney Company. Discussions include an analysis of details of loss of profits, Qrman v Wal-Mart Stores, Inc. and a discussion of discrimination, a presentation on determining the loss of earnings and/or earning capacity, Lewis v Hubert, McCarthy v Sebben, and a discussion on the essential elements of foundation for remission of evidence of lost earning capacity, what’s tricky about defamation claims, Taylor v Chapman, and a new way to look at lost consortium. Taught by Deborah K. Dodge, shareholder of Hall, Ansley, Rodgers & Condry PC, Springfield, MO.
Class 13 - MANAGING CASE LITIGATION AND GETTING READY FOR TRIAL: This class includes a discussion of the best way to be ready for trial and how to organize for complex litigation cases, developing a system that works for your team, and how to be the guardian of the file. How is a complex case different? It includes more parties, more lawyers, more pleadings, more discovery, more witnesses, more experts, and more legal research. This class also includes a discussion on the use of technology both in the office and in the courtroom, as well as a discussion of each person’s role in the management of the file. Taught by Angela K. Drake, with the firm of Lowther Johnson, Attorneys at Law LLC. Springfield, MO.
Due to the limited amount of seating, reservations are required for all classes. Reservations will be accepted in the order your registration form is received. We will start a waiting list once seating capacity is reached. Registration will be confirmed by email. Speakers and classes are subject to change or cancellation without notice.