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    <title>The  Legal Pad</title>
    
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    <updated>2009-12-14T11:16:51-06:00</updated>
    <subtitle>a new blog from The Missouri Bar Lawyer Referral Service -- for support staff -- featuring resources and weekly updates that can make your work experience more enjoyable, more rewarding, and of more value to the clients and attorneys you help.  </subtitle>
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        <title>Naughty or Nice?</title>
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        <id>tag:typepad.com,2003:post-6a00e54fa937df88330120a74f9082970b</id>
        <published>2009-12-14T11:16:51-06:00</published>
        <updated>2009-12-15T05:59:07-06:00</updated>
        <summary>I believe Santa Claus was a modern marvel of a supervisor. He was so good that he made it look like being supervised was fun. Below is the evidence, which can be found in the classic, "Santa Claus is Coming...</summary>
        <author>
            <name>Suzanne Creech</name>
        </author>
        <category scheme="http://www.sixapart.com/ns/types#category" term="Office Stuff" />
        
        
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<div xmlns="http://www.w3.org/1999/xhtml"><p><a href="http://mobar.typepad.com/.a/6a00e54fa937df883301287652fc68970c-pi" style="FLOAT: left"><img alt="Santa" border="0" class="asset asset-image at-xid-6a00e54fa937df883301287652fc68970c " src="http://mobar.typepad.com/.a/6a00e54fa937df883301287652fc68970c-800wi" style="MARGIN: 10px 25px 15px 20px" title="Santa" /></a> I believe Santa Claus was a modern marvel of a supervisor. He was so good that he made it look like being supervised was fun. Below is the evidence, which can be found in the classic, "<em>Santa Claus is Coming to Town</em>."</p>
<p>Verse I.<br /><em>Oh! You better watch out,<br />You better not cry;<br />You better not pout,<br />I'm tellin' you why:<br /> Santa Claus is coming to town!</em></p>
<p><em />The first verse is clearly a warning to employees that they better keep an eye open, behave in a positive manner, and keep their emotions in check.</p>
<p>Verse II.<br /><em>He's making a list,<br />He's checking it twice,<br />He's gonna find out who's naughty or nice.<br />Santa Claus is coming to town!</em></p>
<p>The second verse gives us insight into his supervisory techniques. He keeps notes -- very accurate notes -- that are checked twice. He makes no bones about what his responsibilities are to the Christmas organization he heads -- and he keeps track of who's behaving -- and how they're behaving.</p>
<p>Verse III.<br /><em>He sees you when you're sleeping,<br />He knows when you're awake.<br />He knows if you've been bad or good,<br />So, be good for goodness sake!</em></p>
<p>Now we see Santa has some sort of office surveillance system -- he's probably checking your keystrokes on your computer, as well as viewing the office through security cameras. This verse also contains what I consider an ominous warning: <em>Be good for goodness sake!</em> Or, what will happen?</p>
<p>Verse IV.<br /><em>Oh! You better watch out,<br />You better not cry.<br />You better not pout, <br />I'm tellin' you why...<br />Santa Claus is coming to town!</em></p>
<p>Aha! Now we see another of his techniques -- repetition. We've already been told he's coming to town, but we're ever-so-pleasantly reminded again.</p>
<p>I'm not so sure working for Santa would be as much fun as everyone thinks it would be. I think I'd prefer to work for a supervisor who communicated clearly with me all year long -- not just around Christmas, which is when most of us get an employee evaluation.</p>
<p>Once a year, like most employees out there, you sit down and have a dialogue -- a conversation with your supervisor -- and talk about the work you've done over the past year. Then you're given an assessment. Your supervisor has a list to go by, and no doubt -- checks it twice before telling you how you're doing.</p>
<p>A list of generalized categories is usually somewhere in that evaluation form -- words to describe and rate your overall persona. The ratings go something like this: Outstanding, Highly Successful, Successful, Improvement is Expected, or Unsatisfactory. Some employers use a rating system using numbers. You may be rated one (terrible) to five (totally excellent). Other employers rate their employees like teachers grade their students in elementary school -- you can get an A, (which is best) all the way down to an F -- and then you flunk.</p>
<p>Interesting. If you're a parent and your child attends school, I suspect you get report cards four to six times a year, don't you? You don't get just one report card -- after the fact, right? I can't imagine a parent feeling good about getting just one report card <em>after </em>your child has spent many months in a teacher's classroom. How valuable would that be to you, the teacher, and your child?</p>
<p>Another interesting way to think about job evaluations is how similar they are to training a new puppy who has just become a member of your household. When a puppy doesn't follow the rules of the house, the master usually corrects the pup when the rule being broken actually happens -- <em>not </em>one year later, right?</p>
<p>Your supervisor is looking for words and phrases to describe you -- so that he/she can tell you whether or not you meet certain standards. Your performance can be described as to whether or not you're dependable, reliable, trustworthy, motivated, organized -- or it can go the other way -- you're not dependable, not reliable, not trustworthy, not motivated, and disorganized.</p>
<p>Here are some common goals that are sometimes used in assessing people through job performance evaluations: Employee consistently follows company policy and procedures, employee gets along with and respects the rights of fellow employees, and employee's work is completed within acceptable tolerance of error. Sound familiar?</p>
<p>In all fairness, performance appraisals from the company's point of view seems to be related to getting better results from their workers -- a way to get workers "fired-up" and motivated -- or may be tied to an increase in your wages. It's a way to talk about whether or not you're performing to their expectations, and can also provide the legal documentation for your personnel file to put you on probation, suspend you, or fire you for a justifiable reason.</p>
<p>The job evaluation meeting can sometimes be a difficult and emotional experience for the employee. There's some degree of uncertainty about what's going to happen, and some anxiety involved around the end result of the review -- particularly if you think you might wind up on the low end of the ratings scale. It's tough to get motivated in a positive way when you feel psychologically beaten-up afterwards.</p>
<p>Sometimes job performance appraisals can undermine a previous trusting relationship, create paranoia, or lower self-esteem on the part of the employee -- particularly when the subordinate had no clue they were not doing a good job. It begs the question, "Why did my supervisor wait an entire year to tell me what I was doing wrong?" There's no good answer to that question.</p>
<p>But there is a quick solution -- Evaluations can happen all during the year. So, by the time the "Yearly Review" comes along, both the employee and the employer have already worked through most of the problems by communicating along the way.</p>
<p>Maybe Santa isn't the perfect supervisor, but at least he's cheerful -- and a right jolly old elf!</p><br /><br /><br />
<p><br /><br /></p></div>
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    </entry>
    <entry>
        <title>$14.29 Worth of Justice</title>
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        <id>tag:typepad.com,2003:post-6a00e54fa937df88330120a71075b4970b</id>
        <published>2009-12-04T15:14:13-06:00</published>
        <updated>2009-12-04T15:22:51-06:00</updated>
        <summary>It's really a small matter -- just $14.29. But, I can't let it go. I'm not one of those people who feel the world owes them something...and, I have a pretty good sense of perspective. I know I'm one of...</summary>
        <author>
            <name>Jack Wax</name>
        </author>
        <category scheme="http://www.sixapart.com/ns/types#category" term="Current Affairs" />
        
        
<content type="xhtml" xml:lang="en-US" xml:base="http://mobar.typepad.com/legalpad/">
<div xmlns="http://www.w3.org/1999/xhtml"><p><a href="http://mobar.typepad.com/.a/6a00e54fa937df88330120a710afd8970b-pi" style="FLOAT: right"><img alt="Christmas" border="0" class="asset asset-image at-xid-6a00e54fa937df88330120a710afd8970b" src="http://mobar.typepad.com/.a/6a00e54fa937df88330120a710afd8970b-800wi" style="MARGIN: 0px 0px 5px 5px" title="Christmas" /></a>     It's really a small matter -- just $14.29. But, I can't let it go. I'm not one of those people who feel the world owes them something...and, I have a pretty good sense of perspective. I know I'm one of the fortunate people of the billions on this planet. I go to sleep warm. I wake up and there's always food in my refrigerator. And, unlike the millions of Americans who don't have health insurance, I do. But...I want my $14.29 worth of justice.</p>
<p>    I'm being held responsible for someone else's error, and it's not fair. I received a letter from a local medical group informing me that if I didn't pay them the $14.29 that they say I owe them, that they will turn my account over to a collection agency. It's only a couple of bucks, but it has real consequences for me. If it goes to a collection agency, then it goes on my credit report. If it goes on my credit report, the bank gets to charge me a higher interest rate if I ever refinance my home or take out a car loan.</p>
<p>    And what kills me -- is -- that it's not my fault. The trouble started with someone at the medical group who put the wrong code on a bill. Here's what happened -- and why I won't pay that measly $14.29. </p>
<p>    My wife had her yearly physical exam and mammogram. Our insurance pays for this. After more than a half an hour on the phone with the medical group and a representative of the insurance company, I learned the clerk who is paid to put a medical code on the form that goes from the medical group to the insurance company -- put the wrong code on it. Instead of indicating the mammogram was part of my wife's well-woman check-up, the form indicated that the mammogram was in response to a pelvic lesion. My wife does not have a pelvic lesion (whatever that is), and the insurance company decided that it would be a bad use of their money to pay for a  mammogram as a diagnostic test for a pelvic lesion. I agree.</p>
<p>    But, that's not quite the end of the story. After spending time on the phone, correcting other people's errors, I received <em>another</em> bill from the medical group for the same $14.29. OK? Another couple of calls and I'm being assured it will be taken care of. Fine. I accept the fact that the world isn't perfect and people make mistakes.</p>
<p>    Then...I get another bill from the<em> hospital</em> that my wife's doctor is affiliated with. This is an un-itemized bill -- part of a friendly letter -- that says if I'm having trouble paying my medical bills, I should call them and they can make some arrangements. The hospital claims that I owe them $178.00 for the un-itemized expenses. I called the hospital. I was unable to speak to a human. I spoke to a computer chip that recorded my name and my address, and the computer chip responded by saying it would send me an itemized bill. I figure I can't talk rationally to my insurance company without an itemized bill, right?</p>
<p>    This is the holiday season. I know how bad the economy is -- and how many people have so little. I'm going to give a good donation to the local food bank this year, and I'm going to make a New Year's Resolution to do something for the people in my community who are suffering. But, all I want -- is my $14.29 worth of justice.</p>
<p>    I'll worry about the $178.00 <em>after </em>New Year's.</p><br /><br />
<p>    </p></div>
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    </entry>
    <entry>
        <title>The Crankiness Scale ~ From 1 to 10</title>
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        <id>tag:typepad.com,2003:post-6a00e54fa937df8833012875b3e938970c</id>
        <published>2009-11-18T15:22:58-06:00</published>
        <updated>2009-11-18T15:22:58-06:00</updated>
        <summary>Have you noticed that folks are a little cranky? I'm sure it has something to do with the five straight days of gloomy, rainy weather in our part of the state -- but I think there may be more to...</summary>
        <author>
            <name>Suzanne Creech</name>
        </author>
        <category scheme="http://www.sixapart.com/ns/types#category" term="Current Affairs" />
        
        
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<div xmlns="http://www.w3.org/1999/xhtml"><p>    Have you noticed that folks are a little cranky? I'm sure it has something to do with the five straight days of gloomy, rainy weather in our part of the state -- but I think there may be more to this -- and it's part of a bigger picture.</p><p>    The Thanksgiving holiday is right around the corner. Depending upon your situation -- you may be looking forward to the event or you might be feeling anxious or apprehensive -- particularly when you think about all those preconceived notions about how the holidays "should" be. </p><p>    For some, it's just wonderful to have relatives and friends visit. Everyone gets along, there's lots of good food around, there's those great football games to watch, etc. But, from the other side of the coin, you may be the one who has the house to clean, the menu to figure out, the food to buy, the food to prepare -- and then, afterwards -- the dishes to do, the kitchen to clean, and the house to straighten up again. If you're the one who plays the role of "Martha Stewart In Charge" -- that's a lot of work and you can get cranky pretty quick.</p><p>    Another piece of the big picture is the state of the economy. It's in the tank. Yeah, I read all the stuff on-line and in the newspapers that declare the economy is improving. Uh huh. Yeah. Right. I don't think so.</p><p>    Now you may know <em>more</em> people who have lost their jobs, <em>more</em> people who have made<span style="font-style: italic;"> </span><em>more </em>dramatic changes to their life-styles in order to cope, and <em>more</em> people who are barely getting by. I don't know anyone who hasn't been affected by this shaky economy. You may be doing okay -- but look around. What about your friends, your co-workers, the small business people you deal with, and the everyday people in your community? How's your attorney doing? If you're the attorney who's reading this, how are you doing? Many attorneys are having a tough time. Some are losing their jobs. Some are having a very difficult time finding work. How's your community doing? How's the state of Missouri doing? If you've been reading -- the answer to that is -- not so hot. Some folks are one unforeseen event away from financial ruin. No wonder people are cranky.</p><p>    From my corner of the working world, I can hear it in the voices of the people who are calling for a referral to an attorney to assist them. I've always had calls from folks, once in a while, who sound like and are -- desperate; but my intuition tells me there are more callers who, from their stories, feel like they're up against a brick wall and it's a wall they've never hit before.</p><p>    More people are calling who are trying to figure out how to get more money in their pockets. They're looking for attorneys to help, but they don't have the money to pay for the lawyer's services.</p><p>    The other day I had a call from a woman who wanted to hire an attorney. I asked her what she was looking for the attorney to do for her. After she described her situation, I realized she was being unrealistic in her expectations. She wanted to sue someone for a perceived wrong that happened to a family member ten years ago. She told me she was in a financial bind and was trying to figure out how she could get more money. Her request was absurd and her thinking was distorted by her needs. Those calls used to be an "every-once-in-a-while" kind of call -- now, they're becoming more common.</p><p>    In the last few weeks, I've been giving out more resource information to folks who are not sure who to call when they don't need legal advice. I've also been giving out the crisis hotline number more often so folks can speak with a mental health professional. That's part of the bigger picture too. People seem to be more unsettled.</p><p>    If you're working the phones or handling customer service for your company, your law firm -- whatever your situation -- you may have noticed that the folks who are calling you are sounding a little edgier than usual. If so, maybe it's a good time to think about becoming more in-tune with what's happening. You might try using a kinder, gentler tone on the phone. Spending just a little more time with someone, if they sound cranky, might be helpful. </p><p>    So, is it the weather, the upcoming holidays, or the economy? Yep. I believe it is. It's all of the above. I'm sure you can think of a dozen more reasons that factor in on The Crankiness Scale -- but the numbers -- are goin' up.</p><br />    <br /><br />    <br /><br />   </div>
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    </entry>
    <entry>
        <title>When the Public Defenders are up the creek, we're all in trouble</title>
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        <id>tag:typepad.com,2003:post-6a00e54fa937df8833012875a99cc7970c</id>
        <published>2009-11-16T13:39:45-06:00</published>
        <updated>2009-11-16T16:10:13-06:00</updated>
        <summary>The status of the Missouri Public Defender System can be described accurately and succinctly in only six words: "Up the creek without a paddle." Before getting to the study that is the basis for this description, it's important to point...</summary>
        <author>
            <name>Jack Wax</name>
        </author>
        <category scheme="http://www.sixapart.com/ns/types#category" term="Current Affairs" />
        
        
<content type="html" xml:lang="en-US" xml:base="http://mobar.typepad.com/legalpad/">
&lt;div xmlns="http://www.w3.org/1999/xhtml"&gt;&lt;P&gt;&lt;A style="FLOAT: right" href="http://mobar.typepad.com/.a/6a00e54fa937df8833012875a9b7ad970c-pi"&gt;&lt;img  class="asset asset-image at-xid-6a00e54fa937df8833012875a9b7ad970c " title=Blue-boat2 style="MARGIN: 0px 0px 0px 10px" alt=Blue-boat2 src="http://mobar.typepad.com/.a/6a00e54fa937df8833012875a9b7ad970c-800wi" border=0&gt;&lt;/A&gt; 
&lt;P style="TEXT-ALIGN: justify"&gt;The status of the Missouri Public Defender System can be described accurately and succinctly in only six words: "Up the creek without a paddle." Before getting to the study that is the basis for this description, it's important to point out that problems with the Public Defender System affect all of us -- not just those thousands of people who are accused of a crime in Missouri and who don't have money for a private attorney.&lt;A href="http://www.freedigitalphotos.net/images/view_photog.php?photogid=178"&gt; 
&lt;P style="TEXT-ALIGN: right"&gt;Image: Tom Curtis / FreeDigitalPhotos.net&lt;/P&gt;&lt;/A&gt;
&lt;P&gt;&lt;/P&gt;
&lt;P&gt;This is the U. S. Constitution and the Missouri Constitution we are talking about. This affects the lives of the accused, their families, crime victims, and all of us who believe that if we are to have a rule of law, there is no justification for ignoring a constitutional guarantee that is being breached.&lt;/P&gt;
&lt;P&gt;The Sixth Amendment to the U. S. Constitution guarantees people accused of crimes the right to counsel. Originally, the Amendment was interpreted as applying only to the federal courts. It wasn't until 1963, when the U. S. Supreme Court decided the case of &lt;em&gt;Gideon vs. Wainwright&lt;/em&gt; that the right to counsel was extended to state courts as well.&lt;/P&gt;
&lt;P&gt;We've known in Missouri for a long time that the Public Defender System was in serious trouble. Too few lawyers are handling too many cases. The overloaded system means that attorneys barely have time to meet their clients, much less mount a rigorous defense. Defendants get to see an attorney, but they might not get effective counsel. It's not that the attorneys aren't capable and committed -- they're just overburdened, snowed under by an ever-growing caseload.&lt;/P&gt;
&lt;P&gt;Our ailing economy is exacerbating the problem. Public Defenders' salaries come from the state. The state is in the midst of a budget crisis. Many, many more Public Defenders are needed if we are to fulfill our constitutional promise. If the money for more help isn't allocated, a lawsuit is sure to be filed on behalf of defendants who will sue on the grounds that they were denied effective counsel. Missouri is now at the bottom of the Public Defender barrel -- the state with the lowest per capita spending on its Public Defender System, except Mississippi.&lt;/P&gt;
&lt;P&gt;The Spangenberg Group, nationally recognized experts on the justice system, recently published their study of Missouri's Public Defender System. &lt;/P&gt;
&lt;P&gt;They conclude: "Our findings lead to the inescapable conclusion that MSPD is confronting an overwhelming caseload crisis, one of the worst of its kind in the nation -- a crisis so serious that it has pushed the entire criminal justice system in Missouri to the brink of collapse. The severity of the crisis has been forecasted for years, by those closest to it, but next to nothing has been done. And now the situation is as urgent as it is dire."&lt;/P&gt;
&lt;P&gt;Here is the entire&amp;nbsp; &lt;A href="http://members.mobar.org/pdfs/public-defender/2009-report.pdf"&gt;Spangenberg Report&lt;/A&gt; &lt;/P&gt;
&lt;P&gt;&lt;/P&gt;
&lt;P&gt;&lt;/P&gt;
&lt;P&gt;&lt;/P&gt;
&lt;P&gt;&lt;/P&gt;
&lt;P&gt;&lt;/P&gt;&lt;/div&gt;
</content>


    </entry>
    <entry>
        <title>Use Your Resources</title>
        <link rel="alternate" type="text/html" href="http://mobar.typepad.com/legalpad/2009/11/use-your-resources.html" />
        <link rel="replies" type="text/html" href="http://mobar.typepad.com/legalpad/2009/11/use-your-resources.html" thr:count="1" thr:updated="2009-11-05T08:13:23-06:00" />
        <id>tag:typepad.com,2003:post-6a00e54fa937df88330120a6a96063970c</id>
        <published>2009-11-04T15:03:29-06:00</published>
        <updated>2009-11-04T15:03:29-06:00</updated>
        <summary>If you work in a law office in Missouri and answer the phone, you get lots of calls from people who are looking for lawyers to help them. Right? Right! That's nothing new -- happens every day -- but sometimes,...</summary>
        <author>
            <name>Suzanne Creech</name>
        </author>
        <category scheme="http://www.sixapart.com/ns/types#category" term="Resources" />
        
        
<content type="xhtml" xml:lang="en-US" xml:base="http://mobar.typepad.com/legalpad/">
<div xmlns="http://www.w3.org/1999/xhtml"><p>    If you work in a law office in Missouri and answer the phone, you get lots of calls from people who are looking for lawyers to help them. Right? Right! That's nothing new -- happens every day -- but sometimes, you have some unusual situations and you find you're not sure what to do with that caller.</p>
<p>    Here are a few examples of some "out-of-the-ordinary" requests:</p>
<p>    Your caller tells you they need to consult with an attorney about a divorce. The caller lives in Missouri, but the petition was filed by his/her soon-to-be-ex-spouse in Albuquerque, New Mexico. Can you help that caller?</p>
<p>    What if someone calls your office and tells you they got a speeding ticket while on vacation in Knoxville, Tennessee. The caller tells you there's a mandatory court appearance and they need to hire an attorney to represent them. Not sure what to tell them?</p>
<p>    Your next caller tells you they want to talk with an attorney about the auto accident they were involved in last week. You find that the accident happened in Towson, Maryland. What do you do?</p>
<p>   The Solution: Give those callers our phone number. We can be <em>your</em> "Go-To" Resource to assist those callers. We have the resource information for about 300 different Lawyer Referral Services throughout the United States and Canada.</p>
<p>    The next time you have a caller who needs to consult with an attorney in a state <em>other</em> than Missouri, direct them to us! We'll help the caller get the right resource information they need to find an attorney who can assist them.</p>
<p>    Use your resources! Our number is: 573-636-3635.</p></div>
</content>


    </entry>
    <entry>
        <title>Me, Supervisor: You, Nothing.</title>
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        <link rel="replies" type="text/html" href="http://mobar.typepad.com/legalpad/2009/10/me-supervisor-you-nothing.html" thr:count="2" thr:updated="2009-10-23T09:27:11-05:00" />
        <id>tag:typepad.com,2003:post-6a00e54fa937df88330120a665f7e3970c</id>
        <published>2009-10-21T15:03:10-05:00</published>
        <updated>2009-10-21T15:16:35-05:00</updated>
        <summary>As you can tell by the title of this blog topic, I haven't ever been to a supervisor training session. That doesn't stop me from being a supervisor or from having been responsible for the work of different groups of...</summary>
        <author>
            <name>Jack Wax</name>
        </author>
        <category scheme="http://www.sixapart.com/ns/types#category" term="Office Stuff" />
        
        
<content type="xhtml" xml:lang="en-US" xml:base="http://mobar.typepad.com/legalpad/">
<div xmlns="http://www.w3.org/1999/xhtml"><p><a href="http://mobar.typepad.com/.a/6a00e54fa937df88330120a6661939970c-pi" style="FLOAT: left"><img alt="Shadow" border="0" class="asset asset-image at-xid-6a00e54fa937df88330120a6661939970c" src="http://mobar.typepad.com/.a/6a00e54fa937df88330120a6661939970c-800wi" style="MARGIN: 0px 5px 5px 0px" title="Shadow" /></a> 	As you can tell by the title of this blog topic, I haven't ever been to a supervisor training session. That doesn't stop me from being a supervisor or from having been responsible for the work of different groups of employees.</p>
<p>	At one point in my career, I thought I was really a hotshot because I was second in command over a group of about 100 people. I might have lost perspective, except for a relative who explained my role to me. "You're a piece of a boss," she said. I don't know how many people you have to supervise to be an "entire" boss, but even if you're responsible for the work of one other person, even occasionally, you qualify as being a "piece" of a boss.</p>
<p>	In my position at The Missouri Bar, I supervise a couple of people and am in turn supervised by someone else. Was it Bob Dylan who said, "We all serve someone"? I agree. </p>
<p>	You may answer the phone for someone else, i.e., a lawyer -- but the lawyer you work for either works for other lawyers or works directly for a client. The client may own his/her own business, but unless the business serves the needs of someone else, it won't exist long.</p>
<p>	Which brings me back to the title of this blog article. Have you ever worked for a supervisor who would act as if you and any idea you had were worthwhile, but who, despite the act, occasionally revealed a real streak of "Me, Supervisor: You, Nothing"? </p>
<p>	The trouble with supervisor training is that it doesn't take into account that when one person has power over another person in a work setting, weird personal dynamics seep into the relationship. For someone who has a deep-seated need to lord it over others, no amount of theory will turn him or her into a good supervisor.</p>
<p>	I've been supervised enough in my life that I hope the rough edges of my personality have been worn smooth, and that I put into practice what I believe: The secret of surviving being a supervisor or of <em>being</em> supervised is simple -- just do unto others as you would have them do unto you.</p><br /><br />
<p>	</p></div>
</content>


    </entry>
    <entry>
        <title>He was 28.</title>
        <link rel="alternate" type="text/html" href="http://mobar.typepad.com/legalpad/2009/10/he-was-28.html" />
        <link rel="replies" type="text/html" href="http://mobar.typepad.com/legalpad/2009/10/he-was-28.html" thr:count="5" thr:updated="2009-11-16T12:51:17-06:00" />
        <id>tag:typepad.com,2003:post-6a00e54fa937df88330120a5e065f4970b</id>
        <published>2009-10-13T08:37:24-05:00</published>
        <updated>2009-10-14T06:20:18-05:00</updated>
        <summary>I wanted to lie to you. I didn't want to mislead you, but because I had a great idea that would really drive home a point about the law -- and wanted to get your attention -- then I'd have...</summary>
        <author>
            <name>Suzanne Creech</name>
        </author>
        <category scheme="http://www.sixapart.com/ns/types#category" term="Current Affairs" />
        
        
<content type="xhtml" xml:lang="en-US" xml:base="http://mobar.typepad.com/legalpad/">
<div xmlns="http://www.w3.org/1999/xhtml"><p>    <a href="http://mobar.typepad.com/.a/6a00e54fa937df88330120a5e07cd4970b-pi" style="FLOAT: right"><img alt="Cell" border="0" class="asset asset-image at-xid-6a00e54fa937df88330120a5e07cd4970b " src="http://mobar.typepad.com/.a/6a00e54fa937df88330120a5e07cd4970b-800wi" style="MARGIN: 0px 0px 5px 5px" title="Cell" /></a> <em>I wanted to lie to you. I didn't want to mislead you, but because I had a great idea that would really drive home a point about the law -- and wanted to get your attention -- then I'd have to lie. So,  I decided to lie and present the story as something that actually happened. My boss wouldn't let me.  So, here's the story I was going to tell:</em></p>
<p>He was 28.</p>
<p>My husband and I went to a funeral the other day. A young man we knew died in an auto accident. His parents are friends of ours. There was no visitation beforehand. His family couldn't cope with visitation. The church was crowded. His dad, mom, and older brother were in the front row. His grandmother, aunts, uncles, and cousins were all there. His family was in shock. My husband and I were heartbroken. The folks in our community who filled the pews were grief-stricken as well. It was hard to be there. Many tears fell in the church that day. I couldn't imagine how his family would cope without him in their lives. He was so young. He was 28.</p>
<p>After graduating high school, he went on to culinary school. He aspired to be a chef. During semester breaks, we'd have his family over for dinner. Talk would turn to what he was learning at school. He'd tell us he was going to be The Next Food Network Star and have the best cooking show ever. His family encouraged his dream and we did too.</p>
<p>After culinary school, he talked about opening his own restaurant. His parents wanted him to start small. He wanted to go big. They compromised. They provided the financial backing and helped him with the remodeling of a vacant storefront. They opened a small diner in town. The young man jumped right in and never looked back. He was the top chef.</p>
<p>His food is tasty. He uses top-notch products. Eight months later, he has "regulars" who frequent his diner. Not long ago, he branched out a bit and started to offer daily specials. He was having the time of his life. Then it was over. He was 28.</p>
<p>On August 28, 2009, a new law went into effect in Missouri. It specifies that, "any person 21 years of age or younger who operates a moving motor vehicle while sending, receiving, or writing a text or electronic message by means of a hand-held electronic wireless communications device will be guilty of an infraction." The fine is $200.00.</p>
<p>If you're over 21 years old, then it's legal for you to read, type, receive, or send text messages while driving. But...if you're younger, legally you can't. Your age gives you this "special privilege". Can this be interpreted to mean lawmakers consider drivers over the age of 21 are more responsible when they text and drive than those who are younger? Pardon me. I don't get it. What does one's age have to do with this?</p>
<p>Have you ever received, read, typed, or sent a text message while you were driving? Your answer would be "yes" or "no". There's no middle ground. Either you have or you haven't.</p>
<p>I'll be honest. I have. The minute I did -- I became an impaired driver. Frankly, I can't look at my cell phone, read a text message, type, send one back, and drive at the same time. My solution? I turn off my phone when I get in the car and turn it back on when I arrive at my destination.</p>
<p>Yeah, yeah...I know. Some of you <span style="TEXT-DECORATION: underline">can</span> text and drive at the same time. You've developed a skill. You've had no problems. Wow. Congratulations! It's the equivalent of driving down the road with your eyes closed. You don't even need a blindfold.</p>
<p>So, what does texting while driving have to do with a narrative of a funeral? For some of you, it's obvious. For others -- not so much...</p>
<p>The young chef was driving home from the restaurant when he heard the beep from his cell phone indicating he had a text message. The message was from his Mom. She asked when he was coming home. He began to type a reply...and as he did, he drifted off the road and lost control of his car. His mother never got the message. He was 28.</p>
<p>   <em>So, what do you think about this story? Is it wrong to present it as something that actually happened? Does it do more good than harm? Does it alter your perception about texting while driving? Did it make a difference? Did it make you think? Feel free to give us your feedback. We'd like to hear what you think...</em> </p>
<p /></div>
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    </entry>
    <entry>
        <title>Never Assume</title>
        <link rel="alternate" type="text/html" href="http://mobar.typepad.com/legalpad/2009/09/never-assume.html" />
        <link rel="replies" type="text/html" href="http://mobar.typepad.com/legalpad/2009/09/never-assume.html" thr:count="0" />
        <id>tag:typepad.com,2003:post-6a00e54fa937df88330120a5aa151d970b</id>
        <published>2009-09-29T15:52:38-05:00</published>
        <updated>2009-09-29T15:52:38-05:00</updated>
        <summary>I assume you know that drivers in Missouri must have motor vehicle liability insurance coverage. If you drive in our state, you must show proof of insurance when you register a vehicle and when you renew your license plates. You...</summary>
        <author>
            <name>Suzanne Creech</name>
        </author>
        <category scheme="http://www.sixapart.com/ns/types#category" term="Customer Service" />
        
        
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<div xmlns="http://www.w3.org/1999/xhtml"><p>    I assume you know that drivers in Missouri must have motor vehicle liability insurance coverage. If you drive in our state, you must show proof of insurance when you register a vehicle and when you renew your license plates. You must have proof of insurance in your vehicle at all times. Liability insurance covers your legal liability when there are injuries or property damage as a result of your actions. It's the law. Period.</p>
<p>    Here are two things you <em>cannot</em> assume:</p>
<p>    (1) Your doctor and/or your surgeon has medical malpractice insurance.</p>
<p>    Physicians and/or surgeons who practice in Missouri are<em> not</em> required to have medical malpractice insurance -- unless they're on the staff of a hospital located in a county with a population of more than 75,000 inhabitants.</p>
<p>    There are 102 Missouri counties where there are <em>less</em> than 75,000 inhabitants. Did you assume your doctor and/or your surgeon has medical malpractice insurance?</p>
<p>    (2) Your attorney has professional liability insurance.</p>
<p>    Attorneys who practice law in Missouri are <em>not </em>required to have professional liability insurance. There are over 30,000 licensed Missouri attorneys. Did you assume that your lawyer had professional liability insurance? There is no law. </p>
<p>    Since it's illegal to drive a motor vehicle in Missouri without vehicle insurance, then you can assume your doctor and your lawyer has car insurance -- just like you.</p>
<p>    On the other hand, your doctor or your surgeon may or may not have medical malpractice insurance and your attorney may or may not have professional liability insurance. You can't assume they do.</p>
<p>    If you need a lawyer and you call The Missouri Bar Lawyer Referral Service, you CAN be assured that the attorney you're referred to DOES have professional liability insurance. All of our members are required to be insured.</p>
<p>    That's one less thing you need to wonder or worry about -- it's taken care of. You don't have to ask and you don't have to assume. We insist they have insurance. It's a requirement. It's a rule. Period.</p>
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    </entry>
    <entry>
        <title>Can a Hero Wear Loafers with Tassels?</title>
        <link rel="alternate" type="text/html" href="http://mobar.typepad.com/legalpad/2009/09/can-a-hero-wear-loafers-with-tassels.html" />
        <link rel="replies" type="text/html" href="http://mobar.typepad.com/legalpad/2009/09/can-a-hero-wear-loafers-with-tassels.html" thr:count="0" />
        <id>tag:typepad.com,2003:post-6a00e54fa937df88330120a596a744970b</id>
        <published>2009-09-24T13:56:15-05:00</published>
        <updated>2009-09-24T13:59:46-05:00</updated>
        <summary>I've heard a lot of lawyer jokes over the years. I understand how someone who has been sued can feel like the world would be a better place if there were no lawyers...and I'm sure most people who have been...</summary>
        <author>
            <name>Jack Wax</name>
        </author>
        <category scheme="http://www.sixapart.com/ns/types#category" term="Current Affairs" />
        
        
<content type="xhtml" xml:lang="en-US" xml:base="http://mobar.typepad.com/legalpad/">
<div xmlns="http://www.w3.org/1999/xhtml"><p>    I've heard a lot of lawyer jokes over the years. I understand how someone who has been sued can feel like the world would be a better place if there were no lawyers...and I'm sure most people who have been through a divorce don't have a warm feeling about their ex-spouse's attorney.</p>
<p>    I am not going to subject you to a defense of the legal profession. I'm not going to tell you how some of the best people you'll ever meet are lawyers. That's because some of the best people you'll ever meet are cooks, plumbers, school teachers, parents, janitors, and engineers. No single profession has a monopoly on people who are sincere, who care about doing their best for others, and who make the world a better place.</p>
<p>    I mention this because part of my job last month was to interview all the attorneys who will be receiving awards at this year's Annual Meeting of The Missouri Bar. I asked them each a few questions about their accomplishments, and I was impressed -- not by what they did -- but by who they were. </p>
<p>    They've used their law degrees to make the world a little more just. They are passionate. Some, about helping others; some about understanding an area of law; others about improving Missouri's legal system. </p>
<p>    If you have a few minutes, you might get your day off to a good start by clicking on a few of the interviews -- just to meet some lawyers who will never be the butt of a lawyer joke.</p>
<p>    Here's the link: <a href="http://mobar.mobi/data/am2009-awardees/awards.htm">Interviews with Award Winners</a> </p><br /></div>
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    </entry>
    <entry>
        <title>The "F" Word</title>
        <link rel="alternate" type="text/html" href="http://mobar.typepad.com/legalpad/2009/09/the-f-word.html" />
        <link rel="replies" type="text/html" href="http://mobar.typepad.com/legalpad/2009/09/the-f-word.html" thr:count="2" thr:updated="2009-09-15T10:45:44-05:00" />
        <id>tag:typepad.com,2003:post-6a00e54fa937df88330120a56dcdd3970b</id>
        <published>2009-09-14T13:05:11-05:00</published>
        <updated>2009-09-14T14:34:03-05:00</updated>
        <summary>First things first -- Be forewarned. I'm going to be blunt. We're going to have a frank discussion in an open forum where there are no filters. We're going to talk about the "F" word. Now that I have your...</summary>
        <author>
            <name>Suzanne Creech</name>
        </author>
        <category scheme="http://www.sixapart.com/ns/types#category" term="Office Stuff" />
        
        
<content type="xhtml" xml:lang="en-US" xml:base="http://mobar.typepad.com/legalpad/">
<div xmlns="http://www.w3.org/1999/xhtml"><p>    First things first -- Be forewarned. I'm going to be blunt.</p>
<p>    We're going to have a frank discussion in an open forum where there are no filters. We're going to talk about the "F" word.</p>
<p>    Now that I have your attention -- know this. Ignoring this won't help. Ignoring this won't make it go away. How <em>you</em> choose to behave will have an impact on yourself, your family, your friends, and your co-workers. Frankly, I don't have a choice, and neither do you.</p>
<p>    We're all going to have to step up to the plate and act like grown-ups. It's our personal responsibility. Why? It's simple. We're all in this together.</p>
<p>    What am I talking about? You haven't figured it out yet? You have some clues. I'm talking about the BIG "F" word. I'm talking about the FLU.</p>
<p>    Here are some facts. On September 11, 2009, Donald McNeil, Jr., reported in <em>The New York Times</em>, that the flu pandemic has now reached 168 countries. "Swine flu" has infected more than one million people. More than 550 people have died. There have been 8,800 hospitalizations reported to the CDC.</p>
<p>        The Associated Press reports that so far, one in 13 "swine flu" deaths have been of children -- most of school age. Over 80% of the children who have died were age 5 or older. Those are sobering reports. It's going to get worse.</p>
<p>    Most of you are reading this at work. So, let's talk about the workplace. I'm sure you've heard some of these ... "Oh, I don't believe in getting a flu shot." How about this one? "I take lots of Vitamin C so I don't get the flu." Or, this one ... "I'm not <em>that</em> sick. I'll just shut my office door so I won't give it to someone else." Oh yeah? Get real.</p>
<p>    You're sick. You go to work. Now, you've spread the wealth. Other employees can get sick because of you. They go home and expose <em>their</em> family and<em> their</em> family members can get sick too. How responsible is that? Do you think people will thank you? I don't think so.</p>
<p>    Exposing other employees to your crud is not responsible adult behavior. It's a mistaken belief that you are more important than the rest of the folks you work with. It's a clear indication that you don't care about or respect your co-workers. Think about that for just a minute.</p>
<p>    No, this isn't some far-fetched scenario. It happens. It happens all the time. I think it's time for a good dose of some old-fashioned common sense.</p>
<p>    Step up and educate yourself. You can start right here -- <a href="http://www.cdc.gov/">Center for Disease Control</a>. You owe it to yourself, your family, your friends, and your co-workers. Read about what is happening and the steps you can take to reduce the impact on yourself and others.</p>
<p>    Get a seasonal flu shot. They're available right now. Oh, you don't have time? Sorry. I'm not buying that. In some areas, flu shots are available seven days a week. I got my seasonal flu shot this past Sunday afternoon.</p>
<p>     One important note. The seasonal flu vaccine won't specifically protect you against the H1N1 "swine flu"... but the H1N1 vaccine is on the way. </p>
<p>    I just read on-line that Kathleen Sebelius, our nation's Health Secretary, said the H1N1 "swine flu" vaccine might be available as early as the first week in October -- sooner than expected. When the "swine flu" vaccine is available, if you can, get one of those shots too.</p>
<p>    Be responsible. Be a grown-up. It's just the right thing to do.</p>
<br />
<p>P. S.   Just to be clear ... The <a href="http://www.cdc.gov/h1n1flu/qa.htm">CDC</a> answers the question: <span id="fck_dom_range_temp_1252959647982_91" /><em><span style="TEXT-DECORATION: underline">Why is<span id="fck_dom_range_temp_1252959499339_584" /><span id="fck_dom_range_temp_1252959499339_670" /> 2009 H1N1 virus sometimes<span id="fck_dom_range_temp_1252959505651_13" /><span id="fck_dom_range_temp_1252959505651_989" /> called "swine flu"?</span>  </em>Thi<span id="fck_dom_range_temp_1252959513964_565" /><span id="fck_dom_range_temp_1252959513980_948" />s virus was originally refe<span id="fck_dom_range_temp_1252959524511_78" /><span id="fck_dom_range_temp_1252959524511_779" />rred to as "swine flu" bec<span id="fck_dom_range_temp_1252959530636_124" /><span id="fck_dom_range_temp_1252959530636_104" />ause laboratory testing sho<span id="fck_dom_range_temp_1252959535277_167" /><span id="fck_dom_range_temp_1252959535277_290" />wed that many of the genes <span id="fck_dom_range_temp_1252959539121_139" /><span id="fck_dom_range_temp_1252959539136_908" />in this new virus were v<span id="fck_dom_range_temp_1252959543902_233" /><span id="fck_dom_range_temp_1252959543902_96" />ery similar to influenza vir<span id="fck_dom_range_temp_1252959550012_84" /><span id="fck_dom_range_temp_1252959550012_639" />uses that normally occur in<span id="fck_dom_range_temp_1252959555418_445" /><span id="fck_dom_range_temp_1252959555434_352" /> pigs (swine) in North Ame<span id="fck_dom_range_temp_1252959560465_573" /><span id="fck_dom_range_temp_1252959560465_547" />rica. But further study has<span id="fck_dom_range_temp_1252959566918_206" /><span id="fck_dom_range_temp_1252959566918_407" /> shown that this new virus<span id="fck_dom_range_temp_1252959571965_220" /><span id="fck_dom_range_temp_1252959571965_272" /> is very different from what normally ci<span id="fck_dom_range_temp_1252959596653_730" /><span id="fck_dom_range_temp_1252959596653_490" />rculates in North American<span id="fck_dom_range_temp_1252959602872_629" /><span id="fck_dom_range_temp_1252959602888_724" /> pigs. It has two genes fr<span id="fck_dom_range_temp_1252959607778_778" /><span id="fck_dom_range_temp_1252959607778_608" />om flu viruses that normal<span id="fck_dom_range_temp_1252959613325_785" /><span id="fck_dom_range_temp_1252959613325_647" />ly circulate in pigs in Eur<span id="fck_dom_range_temp_1252959617653_95" /><span id="fck_dom_range_temp_1252959617653_483" />ope and Asia and bird (avi<span id="fck_dom_range_temp_1252959623997_352" /><span id="fck_dom_range_temp_1252959623997_731" />an) genes and human gene<span id="fck_dom_range_temp_1252959629669_380" /><span id="fck_dom_range_temp_1252959629669_757" />s. Scientists call this a <span id="fck_dom_range_temp_1252959635060_71" /><span id="fck_dom_range_temp_1252959635060_763" />"quadruple reassortant".  </p></div>
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