March - Association for Women Lawyers of Greater Kansas City

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P.O. Box 414557 • Kansas City, MO 64141
MARCH 2003 • Volume 15 • Number 1
Board of Directors
OFFICERS
R. Denise Henning, President
Megan C. Thornberry, President-Elect
Comm. Kathleen A. Forsyth, Treasurer
Tracy Powell, Secretary
Victoria Schroeder, Imm. Past President
Angela Bennett and The Hon. Richard B. Teitleman
Nancy Kenner, The Hon. Laura D.Stith, Denise Henning,
Vickie Schroeder, Tracy Powell
Tracy Bornman, Lara Lewis, Jill Singer, Sarah Williamson
Janeen deVries, Megan Thornberry, Russell Powell
MEMBERS OF THE BOARD
AWARDS & SCHOLARSHIP:
Heidi Youngs, Chair
Allison Bergman, Vice-Chair
MEMBERSHIP:
Janeen de Vries, Chair
Anne Popper Post, Vice Chair
COMMUNITY SUPPORT:
M. Courtney Koger, Chair
Pascale Zaldivar, Vice Chair
SOCIAL ACTIVITIES:
Tracy Bornman, Chair
Cindy Dillard Parres, Vice Chair
CONTINUING LEGAL
EDUCATION:
Andrea Bough, Chair
Stacey McLey, Vice Chair
BOARD MEMBERS AT-LARGE
Kathy Emke
Denise Drake
Margaret Dean
Lara Dickey Lewis
Diana Toman
Marilyn Pesto
©2003 Association for
Women Lawyers
of Greater Kansas City
AWL salutes outstanding women
at annual judicial reception
T
he Association for Women Lawyers of
Greater Kansas City held its Annual
Meeting and Judicial Reception at the
beautiful home of Nancy and David
Kenner on Tuesday, December 10, 2002. There
was a wonderful turn-out for the event.
At the meeting, the 2003 Board of Directors
was elected. AWL’s Judge of the Year award was
give to the Hon. Laura Stith. Nancy Kenner was
honored with the Women of the Year award.
Vickie Schoeder also recognized Denise
Henning, Tracy Powell and Christine Blegen
with “President’s Awards” for their outstanding
contributions to the Midwest Regional
Conference for Women in the Law held in
March 2002.
March 5.........AWL Networking Breakfast
March 11.......Spring Judicial Reception
April 2...........AWL Networking Breakfast
April 16.........CLE: Should Professionalism in the Profession Be Civil or Be Sanctioned
May 7............AWL Networking Breakfast
May 21..........CLE: How Far Will You Go (or should you go) To Protect the Attorney Client Privilege
June 4............AWL Networking Breakfast
June 11.........CLE: Sarbanes-Oxley Act of 2002: Its Affect on Corporations & Corporate Counsel
June 12.........Persona Day Spa Social
July 2............AWL Networking Breakfast
August 6.......AWL Networking Breakfast
Sept. 3..........AWL Networking Breakfast
Sept. 24........AWL Golf Tournament
Oct. 1...........AWL Networking Breakfast
Oct. 16.........Past Presidents Reception
Nov. 5..........AWL Networking Breakfast
Dec. 9..........AWL Holiday Party/Judicial Reception
ink it in ...
JUDICIAL:
Kimberley Fournier, Chair
Tamie Anfang, Vice-Chair
AWL provides access to network
of valuable contacts, friends
by Denise R. Henning
president’s message
W
hat does it mean to be an own firm.
One of my goals this year is to help AWL memAWL member? It means
being connected to a net- bers become better connected with lots of opportuniwork of approximately ties to get to know each other and find out what we
300 other members who can provide can do to help each other. We’ve added a monthly
recommendations and referrals and networking breakfast on the first Wednesday of each
offer support for job-hunting, appoint- month at First Watch in Westport from 7:30 to 8:30
a.m. The first one will be March 5,
ments, elected office and award
2003. We’re also working on setting
nominations.
It means having What if your best friend
up a list serve for AWL members.
access to the opinions, the assistance,
called today seeking an
I encourage you to come to
the expertise and the experiences of
attorney in an area that
AWL events, get involved and comall the other members.
You may think that you don’t you don’t practice in? You municate with other AWL members.
You may not even realize that the
need any of those things. You may
contact you make today at an AWL
not aspire to be appointed to the could use your AWL
event will lead to a referral, a recombench or elected to public office. You directory to find someone
mendation or something else years
may think that you don’t need referfrom now. Networking and buildrals or recommendations. Don’t be in that practice area.
ing your base of contacts is a longso sure. What if your best friend What if you lost your job
term effort. Networking is about
called today seeking an attorney in
today? You could use your
forming friendships and relationan area that you don’t practice in?
ships of trust which serve as a founYou could use your AWL directory to AWL contacts and
dation for the future. You can’t do it
find someone in that practice area. connections to find
all at one cocktail party. It takes
What if you lost your job today? You
time. The contacts and friendships
could use your AWL contacts and another job. What if your
you initiate today may not pay off
connections to find another job. career direction changes
for five years or ten years so
What if your career direction
approach it with the attitude that it
changes and in five or ten years you and in five or ten years
suddenly find yourself interested in you suddenly find yourself isn’t what you get out of it but what
you can do to support and help
being a judge or running for elective
interested in being a judge
those you meet.
office? Eleven years ago when I
Follow-up with someone you
started practicing law, I never imag- or running for elective
meet at an AWL event, invite them
ined that I would start my own firm office?
to lunch and see what you can do to
but things change, and here I am
help them. Although it may take
today having recently celebrated the
first anniversary of Henning & Bough, P.C. My AWL time, you will find that your efforts will come back to
contacts have been invaluable to me in starting my reward you.
DIRECTORY DEADLINE
The deadline for address changes for the
2003 directory is March 31, 2003.
Please contact Janeen deVries, Membership Chair
at (816)561-2555 or [email protected]
to report any changes to your information.
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March 2003
by Denise K. Drake
Spencer Fane Britt & Browne LLP
A
Already crowded Missouri
state court dockets better get
ready. Employment cases
are ready to flood the system
due to the Missouri Supreme Court’s
January 28, 2003, decision in State ex
rel Diehl v. O’Malley.
In the past, Missouri Courts of
Appeal had held that there was no
right to a jury trial for claims brought
under the Missouri Human Rights
Act. In State ex rel Diehl, Kathleen
Diehl brought state employment discrimination claims against her former
employer in state court pursuant to
the Missouri Human Rights Act.
Consistent with Missouri precedent,
Judge John R. O’Malley denied Ms.
Diehl’s request for a jury trial on her
claims. In response, Ms. Diehl asked
the Missouri Supreme Court to grant
a writ of prohibition, requiring Judge
O’Malley to grant Ms. Diehl’s request
for a jury trial. The Missouri Supreme
Court looked to the Missouri
Constitution, granted the writ, and trial and unlimited damages.
radically changed the way Missouri Members of the plaintiffs’ bar are
employment discrimination lawsuits excited about the new prospects for
filing employment cases.
will be handled in the
Attorneys who might have
future—plaintiffs now
declined representation of
have the right to a jury
an employment plaintiff
trial in state court for
due to the required
MHRA claims.
appearance in federal
Unlike the federal
court have a renewed
energy about being able to
law with its damages
bring these cases in a
caps, the MHRA proforum where they are
vides employment law
more comfortable, where
plaintiffs with the
they (theoretically) may
potential to recover an
have a more sympathetic
unlimited amount in
pool from which to select
damages.
Plaintiffs
jurors, and where (theoretDenise Drake
did not file employically) summary judgment
ment cases in state court, however, will not be as easily available for
due to the decisions denying plaintiffs defendants.
The complete impact of this decithe right to a jury trial under the
MHRA. To get both unlimited dam- sion remains to be seen, but all indicaages and the right to a jury trial, plain- tions are the impact will be big. Of
tiffs were forced to file state and fed- course, cases involving federal claims
eral employment discrimination and cases between an employee and a
company headquartered in a different
claims in federal court.
Now plaintiffs may file their cases state will still be brought in or
under the state laws (only) in removed to federal court when federMissouri state court to get both a jury al jurisdiction exists.
What’s Going On ...
State Court — Here We Come
WEN Clothing drive a success!
In conjunction with the financial planning happy hour held at the
Central Exchange on January 28, 2003, AWL conducted a clothing drive to
benefit The Women’s Employment Network.
The Women’s Employment Network is dedicated to helping low-income
women raise their self-esteem and achieve economic independence through
sustained employment.
AWL seminar participants were asked to donate professional clothing,
which helps facilitate WEN clients’ transition into the workplace. Donations
were so abundant that they filled several of the Central Exchanges closets.
Special thanks to those who donated items and also to the Central
Exchange for providing the storage closets, providing staff to take the donations, and for coordinating the drop-off to WEN.
AWL to sell ads in ‘04 directory
For the first time in its history, the Association for Women Lawyers of
Greater Kansas City will sell advertising in its upcoming annual directory.
AWL has contracted with The Daily Record to sell its advertising.
Numerous advertising opportunities will be available, ranging in cost from
$150 to $800.
“This is an opportunity for AWL to turn the directory into a project to
raise additional funds for our association,” said R. Denise Henning, president of AWL. “We look forward to working with The Daily Record and I
encourage our members and supporters to consider advertising in this valuable tool.”
To advertise in the directory or for more information, contact The Daily
Record at 816-931-2002.
March 2003
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Join AWL For
New Monthly
Networking
Breakfasts
Get to know other AWL members by attending AWL’s
monthly networking breakfast
at First Watch in Westport
from 7:30 to 8:30 a.m. on the
first Wednesday of each
month.
The first one will be March 5,
2003. Put the dates on your
calendar now for the rest of
the year: March 5, April 2,
May 7, June 4, July 2, Aug. 6,
Sept. 3, Oct. 1, Nov. 5 and
Dec. 3.
Enjoy a light breakfast and
the opportunity to tell everyone about what you do.
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member benefits
AWL strikes deals with more vendors
A
WL is excited to announce its membership benefits
program for 2003. We have many excellent vendors
who have agreed to participate this year extending
benefits to AWL members in many areas. In order to take
advantage of the benefits offered, you must present your 2003
AWL membership card at the time of purchase or consultation. AWL encourages all its members to take advantage of the
following benefits this year:
• Woodside Tennis & Health Club is offering AWL
members discounts on various classes and services
including the following:
Mind Body Spirit Classes — attend any class any day on
the schedule, 10 Classes $80 (regularly $90)
Spinning Classes
10 Classes, $60 (regularly $70)
Tennis Clinics
5 week clinic, $70 (regularly $80)
Private Tennis Lesson – 1 time, 1 hour tennis lesson
w/Asst. Pro., $40 (regularly $55)
AWL members inspired to
make most of their money
Private Training: one time one hour private training
w/Initiate Trainer, $35 (regularly $40)
10 Private Training Sessions with Initiate Trainers
$300 (regularly $450)
Massage:
1 Hour Massage
Buy 3 Massages
$65
$165
2000 W. 47th Place, Westwood, Kansas 66205; www.clubwoodside.com; (913) 831-0034.
• Yoga Gallery offers a schedule of 26 classes a week, with
nine excellent teachers in an ample 1,200 square foot maple
hardwood studio with shower facilities. AWL members will
receive one free class with the purchase of a ten-class package. 5615 Johnson Drive, Mission, Kansas 66202;
www.yogallery.com; (913) 926-1045.
• Scott Fitness offers a variety of degreed and certified personal trainers. Scott Fitness is offering AWL members a 20%
discount off open gym memberships and personal training
school. 1814 Westport Road, Kansas City, Missouri 64111;
www.scottfitness.com; (816) 960-0502.
• LeVine Urban Flower & Wine Market offers a superb selection of flowers and wine. AWL members will receive a 10%
discount on all purchases. 11 W. Gregory Blvd., Kansas City,
Missouri 64114; (816) 523-0111.
• Bijin Salon & Day Spa is a full service salon and day spa in
Prairie Village. AWL members receive a 10% discount off all
spa services. 71st & Mission Road, #18, Prairie Village, Kansas
66208; www.bijinsalonanddayspa.com; (913) 671-7777.
• Persona Salon & Day Spa is a full service salon and day spa in
Kansas City, Missouri. Persona will offer AWL members a 10% discount on all services and products. 408 W. 74th Terrace, Kansas City,
Missouri 64114; www. personakc.com; (816) 822-0600.
• Versent offers IT outsourcing/network support, technology
audit, web development and web hosting, application and
database development, software consulting, staff supplementation and recruiting services. AWL members will receive a
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20% discount off Versent’s normal hourly rates (please see
website) and a 25% discount off any IT Technology Audit.
13608 W. 95th Street, Lenexa, Kansas 66215; www.versentgroup.com; (913) 498-0400.
• Legal America is a locally owned full service litigation support company that offers 24hour/7day service. Please contact
Joni Smith to receive a discount of 10% on any job of $50.00 or
more.
• CORT Furniture has become America’s single source for
home and business furnishing solutions. AWL members will
receive 25% off first month’s rent OR 15% off items in CORT’s
Clearance Center (that have already been reduced 30% to
70%). 9200 Marshall Drive, Lenexa, Kansas 66215;
www.cort1.com; (913) 888-0100.
• The Lazarus Group provides custom web solutions to help
you expand on the internet. AWL members will receive 15%
of initial website creation and 10% off all other services.
1715 W. 39th Street, Ste. 206, Kansas City, Missouri 64111;
www.lazarusgroup.com; (816) 931-5525.
Please visit the individual Web sites to learn more about
the products and services offered by these companies, and
explore how you can better take advantage of the benefits provided.
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At the January AWL meeting, The Planned Approach, Inc.
provided attending AWL members a unique look at financial planning. The workshop started off with each member
closing their eyes to envision the lifestyle they wanted to create for themselves. Attendees recorded their thoughts,
including the things that were standing in their way. Then
Kelly Voitenko and Stephanie Guerin shared some of the
financial planning basics that all women should know.
“We take an informal approach to financial planning,
because while it is a serious topic, people are more likely to
address it if it relates to what they want from life and can
have fun with it.” Indeed, there was a lot of laughing at the
workshop. While Stephanie and Kelly took questions from
the members, they did have this to say, “Many of your questions are not quick answer questions, and the answers
depend on your specific situation. Authors like Suze Orman
are great when it comes to raising awareness of financial
responsibility, but when it come to specific advice, you can
get in trouble interpreting messages made for a mass audience. This is especially true when you are talking about professionals in high income brackets.”
So what do you do if you missed the workshop? You have
several options. You can subscribe to Financial Goddess, the
free, monthly email newsletter of The Planned Approach;
you can call for upcoming workshop dates; or you can set up
a free initial consultation at 913-649-0827. If you prefer
email, Stephanie’s address is [email protected] or Kelly’s is [email protected]. What do
Stephanie and Kelly want women to know? “Time is your
best friend or worst enemy. No matter what happens in a
woman’s lifetime, the women who make financial planning
a time priority do better than those who don’t. Sometimes
it’s a matter of survival.”
March 2003
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by Diana C. Toman
March 2003
... Anne WehageZickwolf
had never met Anne WehageZickwolf be a licensed attorney. Anne and her hus- not allowed to remain in the U.S., it may
until this interview and I can honestly band, Fred, toyed with the idea for the mean death and political persecution.
say just from our one brief meeting next month before September 11th. As the When Anne is able to help a client remain
that she is an incredible woman and that World Trade Center came down so possi- in the U.S., she feels a sense of fulfillment
we are lucky to have her as a member of bly could immigration in the U.S. No one and joy in the fact that she changed a perthe Bar, AWL and our community. Anne is knew how our country would react and son’s life for the better. As Anne explains,
“I will always be a nurse.”
an immigration lawyer with clients all what laws would
Immigration law is a way
over the country and for that matter, all change out of
that Anne is able to use her
over the world. International calls and fear. Then on
compassion for her fellow
clients flying in to meet with her are not September 19th,
human being and help
rarities around her office. Her practice the bar results
improve their lives.
includes family immigration, business were posted and
Anne has a 4 year old
visas, deportation litigation, legislative Anne really had
son named David who
to make a decipractice and private bills.
“works” with his mom
Anne earned her bachelor’s degree in sion. Being a
quite a bit. His favorite
Nursing from the University of Kansas licensed nurse,
thing to do is camp at her
and her law degree from the University she had numeroffice. As many of us know,
of Missouri-Kansas City School of Law. ous opportunibeing an attorney and least
While in law school, Anne had the oppor- ties to work in
of all, a solo practitioner is
tunity to study in China at the University medical related
not a 9 to 5 job. So on those
of Beijing for several weeks; a trip that practices, but it
late nights and even some
would change her career path and her life just did not feel
all nighters, little David
forever. She recalls listening to Chinese right. She knew
camps at her office using the
students complaints about how hard it in her heart that
lobby chairs as a tent. He
was to get education visas and travel doc- her passion was
Anne WehageZickwolf
tells everyone that he loves
uments to come to the US. All the frus- immigration law
camping at the office.
trating stories and looks of disappoint- and that if she
Between balancing her own law office
ment made her think. When Anne tried anything else, her heart and soul
returned to the U.S., she decided to learn would not be in it. So Anne and her hus- and her family, one would think that
a little more about immigration law. She band pondered what to do, when Fred Anne does not have time for anything
said try it for a year. So they else. However, that is not the case. Anne is
took a class and
shopped for furniture that heavily involved in the community and
was
lucky
weekend and on Sunday, making legislative changes. She is on the
enough to find As the World Trade
September 24, 2001, she was Board of the Oncology Nursing Society,
an immigration Center came down so
sworn in by Judge Stephen the Kansas legislative liaison for the
attorney
in
Nixon. On Monday morning, Oncology Nursing Society, Kansas legislaKansas
City possibly could
the Wehage-Zickwolf Law Firm tive representative for the Patient
who was lookimmigration in the U.S.
was open for business and she Advocacy Foundation, and Room mom
ing for a law
for her son’s pre-school class, just to name
had her first client meeting.
clerk.
Anne No one knew how our
The last year and a half a few. Anne volunteers for many other
jumped at the
have been very successful for organizations and uses her skills as an
chance to learn country would react and
more
about what laws would change Anne. A year and a half later, attorney and as a nurse to help the comshe has one full-time staff mem- munity. However, Anne is also a firm
immigration
ber, a part-time law clerk, an of- believer that her numerous volunteer
laws and the out of fear.
counsel attorney and quite a work is not something to advertise but
day to day life Then on September 19,
few clients that depend on her something private for her, her family, and
of an immigrato make their dreams come true. those she helps to know. Although I
tion attorney. the bar results were
Anne was also able to achieve a promised not to elaborate on all the wonAnne clerked
posted and Anne really
personal goal last year for one of derful things Anne does for the commufor Margaret
her clients by working on a pri- nity, I will have to say that I am amazed
O’Hare
for had to make a decision.
vate bill which was sponsored and very appreciative to know that there
eight months
until Margaret moved to St. Louis in by Senator Jean Carnahan and went are people out there like Anne who do so
August 2001. At that point Anne was still through the Senate Judiciary Committee. much for all of us.
Anne is also involved in numerous
waiting for the bar results and a little The private bill is now in the process of
unsure what her next step was going to being reactivated for the 108th Congress. legal organizations. She is a member of
be. Margaret suggested that Anne open Many might ask why a nurse/attorney the Missouri Bar, AWL, KCMBA,
her own practice and use Margaret’s old would want to practice immigration law. Immigration Law Association, the
phone number and office. What a The answer is fairly simple for Anne. She Christian Legal Society, the American
thought for someone fresh out of law is able to help people in life or death situ- Trial Lawyers Association, ABA, and the
school and still unsure if she was going to ations because if many of her clients are National Lawyers Association.
member profile
Nurse turned lawyer finds her passion
working with immigration law
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member ‘s in the news
Cindy Reams Martin to run for post on 16th
Judicial Circuit Nominating Committee
The Association of Women Lawyers is pleased to comprised of two lawyer and two lay members and is
advise that one of its members, Cindy Reams Martin, will chaired by the Chief Justice of the Missouri Court of
be running for the position on the 16th Circuit Judicial Appeals for the Western District. The Commission is
responsible for selecting a panel of three candiNominating Committee presently held by
dates for each vacancy on the Associate Circuit
Walter Simpson. Mr. Simpson's term expires
and Circuit bench for presentation to the Governor.
December 31, 2003. Cindy will be running for
"I am a firm believer in the jury system,"
a six year commission term.
Cindy states. "The selection of qualified judges
Cindy is a 1984 graduate of UMKC School
is of paramount importance to the administraof Law, where she was on the National Moot
tion of justice and to the confidence imposed by
Court Team and the National Trial Advocacy
the public in our Courts. I am very interested in
Team. Cindy received the Thomas E. Deacy,
contributing to the judicial selection process by
Sr. Memorial Trial Practice Award and the John
serving on the Commission. The success of the
L. Sheridan Memorial Appellate Advocacy
Cindy Reams Martin Missouri Court Plan depends on the ability of
Award during her third year in law school.
the Commission to independently evaluate canCindy is a commercial trial lawyer. She also
has an active appellate and general business practice. She didates based on credentials that bear directly on a candihas been in practice in her own firm in Lee's Summit, dates' prospective judicial temperament and performance.
Missouri since September 2002. Cindy served as I believe my background and experience as a trial lawyer
President of the Kansas City Metropolitan Bar Association will allow me to evaluate and identify the attributes of
in 1999. She is currently President of the Missouri Institute quality judicial candidates."
The Commission vacancy will be filled by an election
for Justice and of the Kansas City Metropolitan Bar Foundation.
Cindy is a member of the Missouri Board of Law Examiners, and in October 2003. Members of the Bar in good standing
who reside in Jackson County are eligible to vote.
of Missouri Association of Trial Attorneys.
AWL urges your support of Cindy's candidacy.
The 16th Circuit Judicial Nominating commission is
ABA names Drake management chair of Labor &
Employment Trial Advocacy Committee
Denise K. Drake of Spencer Fane Britt & Browne was recently named the management chair of the American Bar Association's Labor & Employment Trial Advocacy
Committee for the Section's Employment Rights and Responsibilities Committee.
Denise will be responsible for all trial demonstration and education programs at the
Committee's meetings.
In March 2004, Denise will oversee an all-day program in Palm Springs, California.
The expected registration for the program already tops 500.
Her appointment begins in March 2003 and ends in March 2006.
Congratulations Denise!
Denise Drake
McQueeny moves to prosecutor’s office
Jane McQueeny recently took a position with the Jackson
County’s Prosecutor’s Office after serving a three-year term
as the Jackson County Counselor.
Jane states that she enjoyed working with the Shield’s
Administration, however, when Mike Sanders, Jackson
County’s newly appointed Prosecutor, offered her a position
as Chief Trial Assistant, she could not pass up the opportunity to work with Mike, and to return to trial practice.
In addition to working trial cases in the Office’s AntiDrug Unit, Jane will be supervising the Bad Check Unit and
evaluating its operations.
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“I have a lot of ideas to increase the efficiency of the
(Bad Check) Unit and ease the ability of the consumer to use
the services the Unit offers.”
One of the many ideas Jane is investigating is website development with a goal of implementing an electronic complaint system, and achieving a “paperless”
procedure.
While that project is in the works, Jane will continue researching the efficiency of other counties’ procedures, and the application of those procedures to
Jackson County, and trying “whatever comes along.”
March 2003
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by Lisa Brunner
Inadequate communication between a medical profes- school systems and community agencies and organizasional and a patient can lead to misdiagnosis, improper
tions. The OCR suggests that assessment should be done
treatment or lack of informed consent,
on an individualized basis for each patient by
among possible scenarios, that can subject a
recognizing and responding to the need for
health care provider to liability for medical
language assistance and by recording the lannegligence. According to the most recent
guage need of the patient in the patient’s
census data, nearly ten percent of the popuchart.
lation of Kansas City, Missouri speaks a
2. Development of Comprehensive Written
Policy on Language Access. The OCR suglanguage other than English at home. With
gests that health care providers develop and
these numbers likely to increase, area hosimplement written policies that will ensure
pitals will see a rise in the number of nonmeaningful communication with LEP
English speaking patients seeking health
patients. A comprehensive written policy on
care services. Health care providers can
language access should include a policy for
reduce the likelihood of lawsuits involving
providing oral language interpretation, translanguage barriers by developing language
lation of written materials and methods for
assistance programs that provide patients
Lisa Brunner
providing notice to LEP persons as to how
with access to interpreters and vital docuthey can access the provider’s language assistance proments translated into the patient’s primary language.
The Federal government, through enforcement of Title gram. An effective oral language interpretation policy
includes the hiring and training of bilingual staff, the use
VI of the Civil Rights Act of 1964 by the U.S. Department
of properly trained community volunteers, independent
of Health and Human Services Office for Civil Rights
contractors/interpreters or the use of telephone inter(OCR), already requires health care providers that receive
preter lines (which is suggested as a supplement to other
Federal financial assistance to provide language interestablished interpretation programs or when an entity
preters and translations of important health care docuencounters a language that it cannot otherwise accommoments to patients who have limited English proficiency
date). The OCR specifically cautions against relying on a
(LEP persons). Title VI of the Civil Rights Act of 1964, 42
patient’s family member as an interpreter, as the family
U.S.C. Section 2000d et seq., states:
member may not correctly relay important medical infor“No person in the United States shall, on the ground
mation or the patient may not want to disclose confidenof race, color or national origin, be excluded from
tial medical information to the family member.
participation in, be denied the benefits of, or be sub3. Training of Staff. To ensure meaningful access to
jected to discrimination under any program or activmedical services by LEP persons, health care providers
ity receiving Federal financial assistance.”
should make sure that staff is aware of and properly
The OCR has issued guidelines for the creation and
trained to carry out the policies and procedures for hanimplementation of language assistance programs that
dling LEP patients.
comply with Title VI. The guidelines include “The Four
4. Vigilant Monitoring. A language assistance program
Keys to Title VI Compliance in the LEP Context”: 1)
should include regular self-evaluation and monitoring of
Assessment; 2) Development of comprehensive written
the effectiveness of the policies and procedures in place,
policy on language access; 3) Training of staff; and 4)
as well as regular assessment of the needs of the commuVigilant monitoring. The caselaw addressing medical
nity likely to be served by the provider.
negligence in the LEP context is sparse. Accordingly,
Although these guidelines were developed as an outthese “four keys” can assist attorneys and their clients in
line for Title VI compliance, the guidelines provide attordetermining whether a health care provider has met the
neys, whether representing plaintiffs or defendants in
standard of care where a language barrier exists between
medical malpractice cases, with a hint of what courts may
the patient and the provider. In this context, these keys
consider when medical negligence allegations arise from
may also provide a basis for the development of factors
language barriers that may exist between patients and
courts and juries may consider when determining
health care providers.
whether a plaintiff has stated a claim or whether a defenFor more information about the OCR guidelines cited
dant has breached the standard of care.
throughout this article, go to www.hhs.gov/ocr/lep/guide.
According to the OCR, a successful language assisFor census data, go to www.metrodataline.org or
tance program for health care providers should include:
www.census.gov. Also see 42 U.S.C § 2000d et seq.; 45
1. Assessment. Assessment of the language needs of a
health care provider’s service area should be done on a
C.F.R. § 80.3; and 28 C.F.R. § 42.405 (2003).
community and individual patient basis. The OCR suggests that the language needs of the population to be
Lisa Brunner is a litigation associate at Husch & Eppenberger,
served can be determined by reviewing census data,
L.L.C.
client utilization data from client files and data from
Medical Malpractice Update
Language barriers are no barrier
to medical malpractice lawsuits
March 2003
Have lunch at the Central Exchange while receiving 2.0 hours of ethics!*
PROFESSIONALISM IN THE PROFESSION: BE CIVIL OR BE SANCTIONED!
Speakers: The Hon. Ortrie Smith
The Hon. Ann Mesle
Theresa Levings, Badger & Levings
When: April 16, 2003
Time: 11:30 a.m.-1:30 p.m. (includes lunch)
Where: The Central Exchange
1020 Central
Kansas City, Missouri
Registration Fee*: $50.00 for AWL or Central Exchange Members $60.00 for non-members
Save these dates!!! Additional lunch CLE Programs from AWL
May 21, 2003 “How Far Will You Go (or should go) to Protect the Attorney Client Privilege”
June 11, 2003 “Sarbanes-Oxley Act of 2002: Its affect on corporations and corporate counsel”
(Cut along this line)
Professionalism in the Profession: Be Civil or Be Sanctioned!
Register by mail: Please send your payment and completed registration form to: Stacey McLey, Schlee, Huber, McMullen &
Krause, P.C., 4050 Pennsylvania, Suite 300, P.O. Box 32430, Kansas City, MO 64171-5430.
Please make your check payable to: AWL
Name: __________________________________________________________________
Address: ________________________________________________________________
Register Early! To reserve seating and written materials, please register by April 9, 2003. Walk-in registrants are welcome.
Please call Stacey at 816-360-2560 to ensure seating availability.
Credit: This program has been approved for 2.0 CLE hours (including 2.0 ethics hours) in Kansas. Credit is pending in Missouri.
Association for Women Lawyers of Greater Kansas City
P.O Box 414557
Kansas City, MO 64141
ADDRESS SERVICE REQUESTED
Hear Ye! Hear Ye!
AWL Judicial Reception
Mark your calendar for a
very special event with
members of our judiciary.
AWL members and local judges will gather at
Lidias, 101 West 22nd Street, Kansas City, MO,
on Tuesday, March 18, for complimentary food,
drinks, and great discussion. AWL will also
award its annual
scholarship during
this event.
Sponsors for the event are Bryan Cave, Henning
and Bough, Hovey Williams LLP, and The Post
Law Firm. Festivities begin at 5:30 p.m.and end
at 7:30 p.m. Don't miss it!! Please bring disposable diapers or bathroom tissue to donate to
Operation Breakthrough.