AWL Newsletter November 2003...Tracy Bornman on the birth of her daughter, Clarice Olivia Kent, on August 3rd Andrea and Steve Bough on the birth of their son, Grant Harrison Bough,

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

NOVEMBER 2003 • Volume 15 • Number 4www.mobar.net/local_bars/women.htm

OFFICERS

R. Denise Henning, PresidentMegan C. Thornberry, President-Elect

Comm. Kathleen A. Forsyth, TreasurerTracy Powell, Secretary

Victoria Schroeder, Imm. Past President

MEMBERS OF THE BOARD

AWARDS & SCHOLARSHIP:Heidi Youngs, Chair

Allison Bergman, Vice-Chair

JUDICIAL:Kimberley Fournier, ChairTamie 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 LEGALEDUCATION:

Andrea Bough, ChairStacey McLey, Vice Chair

BOARD MEMBERS AT-LARGEKathy Emke

Denise DrakeMargaret Dean

Lara Dickey LewisDiana Toman

Marilyn Pesto

©2003 Association for Women Lawyers

of Greater Kansas City

Board of Directors

Festivities planned for Dec. 9th

DDAATTEE .......... EEVVEENNTT

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 Streetin

k it

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..

It's that time of year again so mark your cal-endars now! The Association for WomenLawyers of Greater Kansas City will hold

its Annual Meeting and Judicial Reception onTuesday, December 9, 2003. The meeting willtake place from 5:00 p.m. to 5:30 p.m.

During the business meeting, AWL mem-bers will consider amendments to the bylaws.The judicial reception, where drinks and appe-tizers 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

home of AWL Past President Lisa Gentlemanlocated at 401 West 55th Street, Kansas City,Missouri (the corner of 55th and Wornallacross from Loose Park). Complimentaryvalet parking will be provided.

AWL is also sponsoring a toy drive to bene-fit Sheffield Place. Sheffield Place is a long-term, transitional program for displacedwomen and their children. Toys and cashdonations will be collected at the reception.

Please join AWL on December 9 to celebratethe holidays!

New officers to be sworn in at annual meeting and judicial reception

Last year, AWL bestowed its Woman of the YearAward to Nancy Kenner and its Judge of the YearAward to the Hon. Laura Stith. Denise Henning tookthe gavel from Victoria Schroeder and Tracy Powellwas elected secretary. Right, Janeen B. deVries,Megan Thornberry and Russell Powell attended theevent and networked with colleagues and judges.

2 the AWL link November 2003

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Ican't believe how fast this year hasflown by. This is my last columnbefore I pass the presidential torch

over to your president-elect, MeganThornberry, who, by the way, is goingto be a tremendous president. I havetruly enjoyed being

president this year. I have met somany wonderful people during thelast year who are members of thisorganization. I have also encouragedsome wonderful people who weren'tmembers to join. It has been an unbe-lievable year. We have had sevenbabies on the AWL board of directorsso far, one of them my own six-month-old. By the end of the year, anotherboard member will have had a baby tobring the total to eight this year. Thathas to be some kind of record!!

On October 16, 2003, we celebratedAWL's history at Shiraz with a recep-tion for past presidents and awardwinners. The reception for past presi-dents and award winners became anannual event last year in an effort tokeep in touch with past presidents,board members, and award winners. It is vitally impor-tant to AWL that the younger members of our grouphave access to the knowledge and experience of thosewho have been practicing longer. It occurred to me atthe reception just what an impressive list of accomplish-ments that our membership has accumulated. Justamong the AWL past presidents and the award winners,we have nine judges and commissioners, a former presi-dent of the Missouri Bar, a candidate for Governor, a for-mer United States Senator, the Jackson CountyCounselor, two winners of the Lon O. Hocker Award, aformer managing partner of Husch & Eppenberger, andthe head of the Spencer Fane Britt & Browne litigationdepartment. If we took the time to tally up the accom-plishments of the rest of our membership, the resultswould be astounding. We are an incredibly talented andsuccessful group. Many of our members are either part-ners in large firms or have started their own practices.What a tremendous network!

In an effort to better utilize and provide access for ourmembers to that network, we are thrilled to announcethat the AWL website will be up and running in the nextcouple of weeks. You will find it under constructionright now at www.awl-kc.org In addition to viewing thenewsletter and information about upcoming events onthe AWL website, the website will allow you access to

membership contact information with your access code,which you will soon be receiving. The website will alsohost the AWL list serve. The list serve will provide anavenue to share the experience and knowledge that ourmembership has to offer. It will offer us the opportunityto communicate with each other, share practice informa-

tion, ask questions, and refer cases. You will be getting your membership

renewal invoice in the mail. In fact, youprobably already received it. Please takethe time to send it back in with your duescheck. By doing so, you guarantee your-self access to all AWL events and you cantake advantage of the discounts providedby local businesses through AWL's affin-ity program. More importantly, howev-er, you guarantee yourself access to a net-work of incredibly successful women.Whether you count yourself as one ofthose incredibly successful women or areon your way to becoming one of thoseincredibly successful women, the rela-tionships with the others will be invalu-able to you along your journey. You'llwant to renew your membership todayso you don't miss the Annual Meetingand Holiday Judicial Reception on

December 9, 2003, at Lisa Gentleman's home, where wewill celebrate the accomplishments of this year andannounce our award winners for 2003. As always, therewill be good food, wine, great company, and valet park-ing! I can't wait to see you there!

Looking back at 2003 as time approaches to pass the gavel

If we took the time to

tally up the accomplish-

ments of the rest of our

membership, the results

would be astounding. We

are an incredibly talented

and successful group.

Many of our members are

either partners in large

firms or have started their

own practices. What a

tremendous network!

Congratulations to Tracy Bornman on the birth of her daughter,

Clarice Olivia Kent, on August 3rd

Andrea and Steve Bough on the birth of their son,Grant Harrison Bough, on August 27th

Tamie Anfang on the birth of her son, Samuel Jameson Anfang, on September 17th

AWL Babies:

November 2003 the AWL link 3

what’s going on ...

Courtney Koger receives Coburn AwardWe are pleased to announce that AWL

board member, Courtney Koger, is therecipient of the 2003 CoburnCommunity Service Award. Created in1995, the H. Michael CoburnCommunity Service Award was createdby Legal Aid of Western Missouri to rec-ognize a member of the Missouri Barpracticing in the Jackson County areawho has demonstrated outstandingservice to advancing the administrationof justice in the Jackson County area orwho has provided outstanding serviceto the community.

Courtney Koger has made an honor-able effort to serve the Jackson County

community through hernumerous volunteer activi-ties including her admirablecontribution on the Board ofDirectors of Sheffield Placebeginning in 1996 and serv-ing as President in 1999.Sheffield Place is a transi-tional living programdesigned to help homelesswomen and their familiesbreak the cycle of homeless-ness and poverty. Courtney has alsobeen actively involved with theVolunteer Attorney Project as well aswith many pro bono cases in Family

Court. Dedicated not only topeople in her community,Courtney volunteers throughPets for Life with her

Vizsla, Renard. The two visita retirement community eachmonth where Renard demon-strates his obedience skills forthe residents in exchange forlots of attention (and doggietreats).

The Coburn CommunityService Award is given in honor of thelate Judge Coburn, who was commit-ted to a wide range of communityand civic causes."

Courtney Koger

On August 2, over two dozen area legislators attendedthe AWL Legislative Breakfast held at First Watch restaurantin Westport. AWL members mingled and conversed withlegislators from both sides of state line and both partiesabout hot topics in Topeka and Jefferson City while enjoy-ing a delicious buffet breakfast. The political mix made forlively discussions.

The event was a smashing success, so watch for it againnext summer!

On October 10, 2003, the Association for Women Lawyersof Greater Kansas City, along with other local women'sorganizations, sponsored "Lunch for the Cure" in an effortto 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 breastcancer survivor; and Dr. Jane Murray, who founded theSastun Center of Integrative Health Care in Mission,Kansas.

Thank you to all of those who participated in this event.

Legislative breakfast a hit!

Madeleine Albright to speakin KC on November 18th

‘Lunch for the Cure’ update

REMINDERS:

Thinking About Joining Our Board?

Applications Due Nov. 3

The Association for Women Lawyers ofGreater Kansas City is accepting applicationsfor board member positions. The deadline tosubmit your application is November 3, 2003.

Applications may be downloaded from ourcurrent AWL website on the Missouri Bar’swebsite,http://www.mobar.net/local_bars/women.htmand should be submitted to VictoriaSchroeder at 1201 Walnut, 20th Fl., P.O. Box418679, Kansas City, Mo 64141.

Reminder: AWL Board Applications aredue on November 3, 2003!

Have you paid your dues?Membership applications and invoices for

dues were mailed in mid-October. Don’t missout on a great slate of events and programs in2004 by forgetting to send in your payment.Plus, you will also continue to reap the bene-fits of our affinity program.

Rainy Day Books, The Association for Women Lawyers,The Women's Political Caucus, and the Central Exchangeare proud to bring you former Secretary of State MadeleineAlbright on Tuesday, Nov. 18th. Secretary Albright will be intown to speak about and sign her new book, MadameSecretary. Secretary Albright will be speaking at UnityTemple on the Plaza at 7 p.m.. To purchase Madame Secretaryand receive two tickets, call Rainy Day Books at 913-384-3126. This event will most likely sell out fast, so don't delay!


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THANK YOU TO OURGENERAL EVENT SPONSORS:

Minds Eye Media, provided signage on holes and the event. Carmen's Cafe

Connect MarketingFiddly Fig

Fortis BenefitsGreat Plains Energy

Hallmark CardsHenning & Bough

Hillcrest Country ClubIndigo Wild

Joe D'sKelly's Westport Inn

Levine Urban Flower & Wine MarketLyric Opera

Midwest ADPMiller/High Life Sales

Missouri Lawyer's WeeklyMKC Golf

North Kansas City HospitalRSI

The Daily RecordThe Peanut On Main

Tom WatsonTee Time Golf

VersentWehage Zickwolf Law Firm - Immigration Practice

Westlaw

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 & CollinsJohn Michael Quinn Law Offices

Karlin & Unger, P.C.Law Offices Of Davis, Ketchmark, Eischens & McCreight

Legacy Settlements GroupMail & More

Martin, Leigh, Laws & Fritzlen, P.C.Midwest ADPPressed4time

Secretary At LawShughart, Thomson & Kilroy

Spencer, Fane, Britt & BrowneThayer, Bernstein, Rodarte & Hatheway, P.C.

The Daily RecordThe Sly James Firm, Trial Lawyers, P.C.

VersentVia Lingua Interpreters, Inc.

Walters, Bender, Strohbehn & Vaughan, P.C.Wehage Zickwolf Law Firm - Immigration Practice

White, Allinder, Graham & Buckley, L.L.C.

Eighth Annual AWL ‘I’m Not SeriousAbout Golf’ Tournament Has It All

The attendance and the proceeds both continue to grow at theAssociation for Women Lawyers' annual golf event, held thisyear on Friday afternoon, September 26, again at TeeteringRocks Golf Course. This year boasted a nearly full field of 70golfers, lunch, nine fun-filled holes of golf, a few clouds, a smat-tering of showers to cool off the golfers, then bright beautifulsunshine to round out the day. The players ranged in golfingprowess from complete novice to quite good, yet all had a greattime and played well. The infamous "Roldan Hill" claimed nocasualties, many holes-in-one were posted on the fuzzy dice roll,and the beer cart drivers did their best to keep up with thecrowd and the demand. Proceeds once again benefit the AWLScholarship Fund and other causes.

Each team featured at least one judge, and a good mix of abil-ities kept the playing field fairly even. Top honors went to thefoursome of Judge Marco Roldan, Lance Hanson, John Harvelland Lenny Guerra with a frighteningly good seven-under par23. Other trophies went to Judge Steve Nixon for Men's LongestDrive; Mindy White for Women's Longest Drive; Lance Hansonfor Closest to the Pin; and Renee Parsons for Longest Putt.

Competition was hot for the trivia contest, and this year a dou-ble run-off was required between the top teams. Eventuallyboth teams were declared the winners, as after two play-offrounds trivia chair, Deputy Commissioner Margene Burnett, ranout of questions. Those winners were the team of Judge KathyForsyth, Renee Parsons and Anne Wehage Zickwolf, and theteam of Judge John B. Williams, Judge John Torrence, Sandy

Wirtel, and Anne LaBella, proving once again that obscureknowledge of women's history may someday be rewarded withcool prizes.

Everyone's game was undoubtedly much improved by thegenerosity of sponsor Anne Wehage Zickwolf and her cham-pagne mimosas on the first hole. John Schram of Versent tookgreat photos of each team, which can be accessed and down-loaded by checking that website at www.versentgroup.comunder the Recent Events section on the main page. You can alsoaccess the pictures directly by going to http://www.versent-group.com/corp/News/Golf_AWL_2003/default.htm. TheDaily Record came through again with snacks, treats, and otheryummies on the course, and lots more good pix of the players.

Thanks to excellent work by the committee and many othermembers of the AWL Board (especially our pres. DeniseHenning) tournament sponsorship almost doubled this yearfrom last.

Our able planning committee included Molly Williams andDeputy Comm. Margene Burnett (committee chairs), JudgeKathy Forsyth, Sandy Wirtel, Denise Henning, Kim Fournier,Elle Sullivant, Tamara Hathaway, Megan Thornberry, VickiShroeder, Tracy Bornman, Diane Toman and Tammy Anfang.Thanks also to Margaret Dean and Bob Burnett for their day-of-event help.

We look forward to another great day next year, so plan earlyto join us and remember: "We're Not Serious!"

November 2003 the AWL link 5

AW

L’s Photo A

lbum ...

a great tee-offat Teetering R

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Karen Renwick, Kim Gibbons, Betsy Lawrence andJudge Steve Nixon.

Judge Vic Howard, Deputy Commissioner Margene Burnett, BobBurnett and Commissioner Bob Schieber

Vicki Schroeder, Tracy Bornman, Baby Clarice andDiana Toman

Rosalie Borgardts, Judge John Moran, Dana Nowakowski and Nancy Cline

Judge Joe Dandurand and Molly Williams

Judge Lisa White Hardwick, Brandee Bower, Nikki Cannezzaro and JanetBlauvelt

Judge Twila Rigby, Stacey McLey, Don Woodell and Amy Schwent

Photos courtesy ofThe Daily Record


Is an attorney’s baby work product? And othergravid musings on impending motherhood

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By Jennifer J. ChapinPOLSINELLI SHALTON & WELTE, PC

"Having children makes you no more a parent than having a pianomakes you a pianist." — MICHAEL LEVINE

One of the things that I enjoy each time I read the AWL Linknewsletter is reading the list of new "AWL babies." As I sitdown to write this, I am 32 weeks pregnant. Mycondition is obvious and the color black is nolonger "slimming." I am also a fourth year litiga-tion associate. Being an attorney is a "condition"that is not so obvious to those who work outsidethe legal profession. But to our families, our "con-dition" as attorneys is evident. Being an attorneydemands a great deal of focus, dedication andtime. So does being a mother.

Therefore, I have spent a lot of time recentlypondering a basic question, which I think allmother/lawyers face: Who will prevail whenboth the client and the baby are demandingimmediate attention?

One of the popular pregnancy "how to" bookshas a picture of a woman sitting peacefully in awhite wicker rocking chair, surrounded by a field of wild-flowers. She looks very content, almost smug. She is obvi-ously not thinking about the partially drafted legal memoran-dum sitting on her desk or how to tell a client that he has beenordered by the court to produce his tax returns from the last 10years. Although this "how to" book covers most of the "tradi-tional" worries faced by expectant mothers like the fictionalwildflower mother on its cover, the book does not cover theworries faced by a pregnant attorney.

In an effort to understand these expectant mother worries, Isat down, like a dedicated 1L trying to learn a new skill, andmade two lists so that I could compare and contrast the wor-ries:

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 ofchildcare concerns?

6. How will I handle the daily tug-of-war between mycareer and my baby?

As I thought about my lists, I realized something fundamen-tal and comforting: Mothers and lawyers share many charac-teristics. Like mothers, lawyers do a lot of hand holding and

reassuring. Like mothers, lawyers have to be empathetic tothe needs, opinions and positions of others. Like mothers,lawyers have to be very organized and effective at managingmultiple tasks. Like mothers, lawyers have to learn how todiplomatically 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 alawyer, I must already possess many of the traitsand skills essential to motherhood. And, moreimportantly, as the quote above suggests, being agood mother, like being a good lawyer, is an art.

Almost every day, one of my colleagues tells mehow well I look or asks me how I feel. I have notstopped getting new assignments. Everyone hasbeen very supportive of and enthusiastic aboutmy impending motherhood. But things were notalways this way for pregnant attorneys. One part-ner at my firm recalls her pregnancy 18 years ago.She was concerned that she might lose her job anddelayed telling her firm she was pregnant untilshe was in her third trimester. Her unsuspectingcolleagues interpreted her severe first trimester

morning sickness as nothing more than a job-induced, stress-related illness. But her pain has been our gain. Through hardwork and dedication, she demonstrated that a good attorneycould also be a good mother and, in doing so, forged a newpath. 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 membersamong them) devoted to helping today's working mothersmanage their families and careers. An Internet search revealeddozens of informative web sites, a few of which are listed atthe end of this article. There are also books and magazinessimilarly devoted to the subject - and not one of them featuresa woman sitting peacefully in a white wicker rocking chair,surrounded by a field of wildflowers!

In addition, with the advent of the Family and MedicalLeave Act of 1993 (29 U.S.C. § 2601 et seq.), things such asmaternity leave are more clearly defined. Generally, FMLAprovides that "covered employers" must grant an "eligibleemployee" up to a total of 12 workweeks of unpaid leave dur-ing any 12-month period for the birth and care of a newbornchild (including adopted or foster children). Naturally, it isimportant to determine whether your employer and you arecovered by FMLA because there are a number of exceptions.(Note, for example, that there are separate rules for govern-ment entities.) A "covered employer" must employ 50 or moreemployees for each working day during each of 20 or morecalendar workweeks in the current or preceding calendar year.29 U.S.C. § 2611(4). An "eligible employee" is an employee ofa covered employer who: (1) Has been employed by theemployer for at least 12 months; and (2) has been employedfor at least 1,250 hours of service during the 12-month periodimmediately preceding the commencement of the leave; and(3) is employed at a worksite where 50 or more employees are

Jennifer J. Chapin

continued on page 10


Despite adversity, persistence and ambition,four friends start their own law firm

mem

ber profile ...C

onnor,C

lark-Sann,

Chappell &

Rivers,

LLCby S

usan Ikazaki

Like most small businesses owners,the four African-American femalelaw partners of Connor, Clark-Sann,

Chappell & Rivers ("CCC & R") climbed asteep learning curve and relied on theirnative intelligence to "make things hap-pen." According to partner RebeccaRivers, in the beginning, while operatingfrom their cars and homes, they "learned topractice law on the fly." For Rebecca andher three other partners, Tracy Chappell,Melinda Clark-Sann and Kelly Connor,there was no time to think or worry aboutwhether the practice was working out.The adventure of starting a business fromscratch consumed all their waking hours.The days of working from car and home,however, quickly evolved into a verydeliberate and conservative approach tomanaging a growing legal practice. TracyChappell observed ironically that the suc-cess of their professional and personal rela-tionships should be attributed in large partto a fifty page operating agreement andRobert's Rules of Order.

Lawyers who crave professional freedom typically begina solo practice. CCC & R were advised that an initial part-nership of four lawyers was an untenable arrangement,would require a significant amount of startup capital andwould not generate adequate income for all of them. Theywere told that, as women, they would be pigeon-holed into afamily law practice and denied criminal law referrals. Inaddition, a small number of younger male lawyers, threat-ened perhaps by the competition they represented, predictedthat CCC & R would not last long and declined to assist them.These initial warnings did not dissuade thefour women from their path, in fact, it gavethem additional motivation to press onand refute the pessimists.

Three of the partners, Tracy Chappell,Melinda Clark-Sann and Rebecca Rivers,all graduated from UMKC within the past5 years. None of them have family ties toKansas City. Tracy grew up in Alabama,Melinda's family is from Topeka andRebecca moved here from the Los Angelesarea. Kelly Connor, a friend of Tracy andRebecca, returned to Topeka after attend-ing law school in San Diego. In the latterpart of 2001, Melinda and Rebecca wereboth working at the Jackson CountyProsecutor's office when, one day withoutprevious notice, Melinda asked Rebecca ifshe wanted to join her in private legalpractice. Rebecca surprised herself by say-ing yes. Before much time had passed,they had decided to form their own firmand recruited Tracy who had had somereal estate experience with Sprint and was studying for thebar exam and with Kelly who was working for the PublicDefender in Topeka.

Quick decision-making did notresult in rash decisions, however.During the formative stages, the fourwomen met frequently to evaluate theirstrengths, weaknesses and past legalexperience and to consider whetherthey had the right professional and per-sonal "chemistry." They decided theywanted an unconventional setting andended up adapting a loft apartment inthe City Market area for their offices.Their fiscal approach has always beenconservative and they declined to seeka loan or line of credit for startup costs.In the beginning, this meant that theiroffices were furnished with family fur-niture and personal donations.

Despite pessimism from somequarters, others were very helpful tothem. Several key law school profes-sors drafted a sophisticated fifty-pageoperating agreement in which the fourwomen addressed essential partnershipterms and future contingencies. Nowthe four partners consider the operating

agreement an essential part of their practice, a "roadmap" thatprovides guidance when management issues arise. Womenwere especially generous with advice and referrals to CCC &R, especially older women who had practiced under more tra-ditional professional conditions. All four women took advan-tage of educational opportunities and completed the coursein small business entrepreneurship offered by the KauffmanFoundation. They enrolled in professional organizations todevelop networking contacts. As African-American females,they especially sought organizations based on gender and

ethnicity. Attending social functionsand seeking mentoring relationshipswas also helpful.

It took only three months for CCC& R to "get out of the red" and gener-ate sufficient cashflow to operatewithout relying on personal or familyhelp. Like many other solo practi-tioners, they pounded the hallways ofMunicipal Court, spread the word toclassmates and professors, signed upfor referrals from the KCMBA andKBA, issued press releases and volun-teered to write articles for local news-papers. A feature article about CCC &R in the Kansas City Star generatedsome phone calls. As Tracy relates it,everything happened so quickly thatthey were not hindered by any "fearfactor"-they had neither time norenergy to spend worrying. "Takingon novel cases cold turkey is whatyou do if you are your own boss. You

just get comfortable with feeling uncomfortable," statedRebecca reflectively. First they took on traffic and domestic

Connor, Clark-Sann,Chappell & Rivers, LLP

Quick decision-making did

not result in rash decisions,

however. During the formative

stages, the four women met

frequently to evaluate their

strengths, weaknesses and

past legal experience and to

consider whether they had the

right professional and person-

al “chemistry.”

continued on page 8


cases. Word of mouth referrals brought repeat business, espe-cially criminal matters which they had been told would bescarce for women. By the end of their second quarter in busi-ness, they felt secure enough to hire a full-time accountant, anecessity for fiscal management that was higher in prioritythan a receptionist. Rebecca continued, "The autonomy andresponsibility can be daunting on the one hand, yet you real-ize gradually that 'I can handle this.' If you are encouragingothers to use your services to solve their problems, then youmust have solved your own problems first. Only then willyou have the confidence you need to help your clients."

While building up legal caseloads, the four women divid-ed up the administrative duties and learned how to managetheir individual practices as one business enterprise. Theirweekly "docket call" meeting is essential to management andcommunication among them. Besides caseload review, theydiscuss marketing, personnel and administrative issues.Everyone has a copy of Robert's Rules of Order and abides bythem religiously during docket call and other firm delibera-tions. Tracy recognizes that some regard Robert's Rules asexcessively technical and restrictive, but for CCC & R, theyprovide the necessary framework to prioritize, consider andresolve partnership matters. Tracy reflected that certain deci-sions need the formality and structure of Robert's Rules."Difficult decisions go down easier," since everyone hasagreed to abide by them," she commented.

Money issues have not posed especially difficult problemsfor CCC & R. Ensuring clear communication and adapting toeach other's habits, preferences and expectations has requiredthe most effort. All four women agree that their friendships

have grown and they have come to know each other muchmore intimately. Rebecca and Melinda are married; one has a4 year-old son, the other has a 13-year old stepson. They putin more hours than in their previous jobs and agree that theirirregular schedules are hard on their families. Yet they havemore flexibility in managing their time, illustrating both thefreedom 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 involvedsocially and personally in each other's lives. For example,Tracy often picks up Rebecca's 4-year old son A.J. from pre-school if Rebecca is tied up with other matters. Kids and hus-bands drop by the office frequently.

As their practice has developed, each CCC & R lawyerhas gravitated to several legal specialties, including probate,real estate law, criminal law and family law, the latter ofteninvolving ancillary immigration law issues. Although cash-flow can be volatile, they have attracted business, have agrowing client base and maintain sufficient cash reserves tocover overhead and payroll. Recently, they opened an officein Overland Park. They anticipate stable, incrementalgrowth and have been largely unaffected by the depressedeconomy. "One of the advantages of going it alone is ourindependence from unpredictable employment decisions.There's nothing like it in the world," says Rebecca, remem-bering how vulnerable she and her husband felt in the early90s' when he returned from Desert Storm facing a tight jobmarket. Tracy likes the metaphor of building a brick wall-constructing and building the firm carefully and thought-fully brick by brick. No doubt--their intrepid spirit, theireasy compatibility and their conservative business styleforecast a bright future for this remarkable group.

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Despite adversity, continued from page 7

AWL's latest social event was held at Shiraz Restaurant onOctober 16, 2003. This event honored AWL's past presi-dents and past award winners. AWL members enjoyed horsd'oeuvres and drinks, while the past presidents and awardwinners were presented with a box of chocolates embossedwith the AWL logo as a token of AWL's appreciation for theircontributions to our organization. During this event, AWLalso sponsored a successful clothing drive for the Women'sEmployment Network. Thanks to all those who attendedand helped to make this event such a success!

Social At Shiraz

A few of AWL’s past presidents: Holly McCoy, Cathy Dean, Betsy Badger, TheresaLevings, and Susan McGreevy.

MOBAR President William Corrigan and Joe Whisler

Trish Brown and Tracy Bornman


sentencing guidelines ...by E

lle J.S

ullivant

By Elle J. Sullivant THE SULLIVANT LAW FIRM

The failure to utilize mental healthevidence in a criminal case at sen-tencing is one of the most commonmistakes an attorney can make.While there may be a number of rea-sons for this omission, the primaryreason is that attorneys are unawarethat the specific statutes exist to aidthe defendant.

Criminal defense attorneys arequite used to the strict evidentiaryrules in the guilt phase of the trial.Indeed, there is little tolerance foradmission of mental health testimo-ny due to relevance issues in theguilt phase of a trial.

In contrast, in the punishment stagean attorney has virtuallyan open forum forintroducing mentalhealth evidence. This isparticularly true sincethe passage of SenateBill 5, which went intoeffect in Missouri courtson June 27, 2003. Thebill allows admission ofevidence and argu-ments that are not gen-erally permissible in theguilt phase to becomerelevant and permissi-ble in the punishmentphase of the trial.

The option of utiliz-ing mental health testi-mony is quite a power-ful tool for an attorney.Traditionally, in theguilt phase of the trialattorneys have little to producebeyond the self-serving testimony ofthe defendant and family members.The option of presenting mentalhealth testimony opens many doors.In fact, this evidence is quite desirablesince it is objective testimony offeredfrom disinterested third parties thusgiving the testimony significantweight.

While serving as an Assistant

Prosecutor for Jackson County forthree years and then serving as aSpecial Prosecutor for the MissouriAttorney General for two years, Ibecame aware of the factthat quite a large numberof defendants showedserious signs of mentalhealth problems. Mostwill agree that the envi-ronmental factors ofpoverty and abuse play apivotal role in contribut-ing to and affecting men-tal health issues. Since alarge number of defen-dants have been fosteredin this environment, it isabsolutely critical that an attorney beaware of and inquires into a defen-

dant's mental healthhistory.

In fact, the legis-latures in bothMissouri andKansas haveadopted legisla-tion that allows adefendant to peti-tion and the judgeto order a mentalhealth exam if itappears that anoffender is suffer-ing from a mentaldisease or disorderand the courtdesires more infor-mation regardingthe offender'smental condition.The affect of thesestatutes not only

allows, but also serves to encourageoffenders to offer mental health testi-mony at the penalty phase of the trial.As such, it is crucial that an attorney isaware of these statutes since it is theresponsibility of the attorney and notthe court to raise this issue.

In Missouri, the relevant statute is557.031 Mo. Rev. Stat., which providesthat presentence commitment forstudy is available when "circum-

stances brought to the attention of thecourt indicate a strong likelihood thatthe defendant is suffering from a men-tal disease or disorder, and the court

desires more detailedinformation about thedefendant's mental condi-tion before making anauthorized disposition . . .it may order the commit-ment of the defendant formental examination."

Similarly, in Kansas, theapplicable chapters are 22-3429 through 22-3431K.S.A., which states that"[a]fter conviction andprior to sentence and as

part of the presentence investigation .. . the trial judge may order the defen-dant committed for mental examina-tion, evaluation and report."

These evaluations are of criticalimportance since they may discovermitigating circumstances that pro-vide an explanation of an offender'sbehavior.

Accordingly, I would stronglyencourage any criminal defense attor-ney to inquire of every client whetherthere has ever been a history of mentalhealth issues. If medical and/or ther-apeutic records are available, theattorney needs to secure them andthen consult with a mental health pro-fessional to offer forensic testimony atsentencing.

If cost is an issue, in Missouri con-tact the Missouri Public Defender tosecure additional financing for theservices. In Kansas, contact theCriminal Indigents Fund to requestassistance. In the event an attorney isunable to utilize the services set out,inquire to the judge. If there is a goodfaith argument, he or she may be will-ing to order that the exam be conduct-ed at a state institution thereby defer-ring any cost to the offender or theattorney.

By utilizing these options a criminaldefense attorney can provide theirclients with the best defense availableunder the law.

The use of mental health testimony at sentencing in criminal cases

Elle J. Sullivant

The option of utilizing

mental health testimo-

ny is quite a powerful

tool for an attorney.

Traditionally, in the

guilt phase of the trial

attorneys have little to

produce beyond the

self-serving testimony

of the defendant and

family members.

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

ADDRESS SERVICE REQUESTED

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KANSAS CITY, MO

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employed by the employer within 75 miles of that worksite. 29U.S.C. § 2611(2). Some law firms that are covered by FMLA (andsome that are not) offer paid maternity leave to their women attor-neys. Maternity benefits from employer to employer vary, but thepoint is that they may exist and you should learn about themwhen considering your options.

None of this should come as a surprise. According to statisticsreleased by the ABA in 2001, women's presence in the legal pro-fession is increasing dramatically. For example, there is likely to bea large increase in the number of women entering private practice,given that ABA statistics reveal that almost 43% of summer associ-ates in law firms nationwide in the year 2000 were women. Theend result is a large number of potential mother/attorneys in thedecades to come. (In fact, including myself, there were threewomen attorneys in my childbirth education class.) With thatincrease, there are likely to be additional changes in the way moth-er/attorneys manage their families and careers.

One important aspect of managing a family and a career is child-care. Women attorneys providing me with advice consistently tellme that reliable childcare is critical. Unfortunately, access to reli-able childcare is a big issue for many working mothers and mostagree 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 Iwas 13 weeks pregnant, the center is unlikely to have an openingbefore my baby is ten months old, which is months after I mustreturn to work. Therefore, I have enlisted my family to watch the

baby until such a spot becomes available - and, to assist when thebaby is ill and not allowed to attend the center. (I should point outthat both my husband and I are from Kansas City and are sur-rounded by relatives, which is a luxury many couples do not havein this era of mobility.) But, again, our pain may be another youngprofessional woman's gain down the road, especially as moremother/attorneys seek workable, creative solutions forfamily/career management problems.

The next time you open up your AWL newsletter, it is very like-ly that my baby will be on the list of new "AWL babies." Inbetween early morning feedings and depo prep, I promise to maketime to let you know how my perspective on the challenges facingmother/attorneys has changed with the addition of a new baby tomy life.

FMLA update, continued from page 6

http://www.workingwoman.comhttp://www.bluesuitmom.comhttp://www.abanet.org/womenhttp://www.babycenter.com/pregnancy/pregnantatwork/indexhttp://www.dol.gov (U.S. Department of Labor)http://unlimitedmom.comhttp://www.momsrefuge.comhttp://www.momscape.com

Some websites to consider if you are a mother/attorney

(or are considering becoming one):

AWL Newsletter November 2003...Tracy Bornman on the birth of her daughter, Clarice Olivia Kent, on August 3rd Andrea and Steve Bough on the birth of their son, Grant Harrison Bough,

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