K.C.M.B.A.

 

1973 was a watershed year in my legal life. I had never been active in the Bar Association activities, but my good pal Max Foust, was asked by the "Secret Group" to become President. Max was smart enough to realize that his success would depend on a good Program Chairman. So he told them that if Lantz Welch were willing to take on the job of program Chairman, then he would serve as President.

 

"The October 26th program was one of the most successful programs in the history of the case K.C.B.A. Over 400 attended and many others were turned away. My November 9^th program was a sellout crowd. Quoting the "News Headnotes": Lantz says he has a gala social season planned, which opened with our Annual Christmas party; a Dinner Theater Party at the Waldo Astoria and a fantastic wine tasting party for June 7^th."

 

We put together a trip to Rio de Janeiro for February and scheduled eight other seminars that were all sold out.

 

In May I created a four day float trip down the Green & Yampa Rivers.

 

 

 

Son Rick & I on the Yampa River

 

 

I caught enough trout to feed everyone breakfast.

 

I forgot to mention the end of March of 1972. I brought Jacob D. Fuchsberg, President of ATLA and first lawyer in America to ever achieve a seven-figure verdict, who was then the best known plaintiff's trial lawyer in America to be our featured speaker at the Annual Tort Seminar. Jack went on to serve on the highest appellate court in New York.

 

To say that Max Foust had a successful year as Bar President would be the understatement of the year.

 

At this time I realized that there was much that I could do for the profession that I loved so well as President of the Kansas City Bar Association. As a contingent fee lawyer I realized that it was not a very smart economic move.

 

N.B. The real power in the Kansas City legal community lay in The Lawyers Association These were the lawyers who represented the moneyed interests.

 

The Kansas City Bar Association had always been a bunch of scufflers who did not have any real clout. The Bar President's were chosen by a mysterious backroom group of men led by: Ernie Hubbell, Ben Swofford, Clem Fairchild and others. It was the practice at that time to choose a plaintiff's lawyer one year and a defense lawyer the next year. Following Max's term Roy Larson had been chosen so I asked Max tell the group that I would like to be president for the 1975-76 slot. They stalled until I finally found out that Bob Schroeder wanted this for his partner, Jack Furry. I warned them, through Max, that if they went forward I would create the first open contested election in the history of association. Since Jack Furry was a good friend of mine I kept putting off campaigning until two weeks before the appointed date and was beaten. The next slot went to my neighbor, Joe Sherman and the cabal gave in and I was selected president then for 1977-78 term of office.

 

October 20, 1977 Bar Officials Installed

I was deeply honored when the President of The International Academy of Trial Lawyers, Sid Mc Math, agreed to be my guest speaker. Sid was a General in the U.S. Marines, past Governor of Arkansas, current President of The International Academy of Trial Lawyers:

 

At this time my old handball pal, Joe Teasdale, was Governor of the State of Missouri, so my first official act as President of the KCBA was to make him an Honorary Lifetime Member [the only other was Harry S. Truman].

 

I loved my congratulatory letter from Congressman Ike Skelton: "I am downright proud of you, and know that you will do an excellent job."

 

I received the usual similar letter from Senator Tom Eagleton, but little did he know that I would become a thorn in his side on the subject of the selection of Federal Judges.

 

What follows is taken verbatim from "The Story of The Kansas City Metropolitan Bar Association, LIBERTY AND JUSTICE."

 

LIBERTY AND JUSTICE

THE STORY OF THE KANSAS CITY METROPOLITAN BAR ASSOCIATION

 

Whether he's tackling the Presidency of the Kansas City Metropolitan Bar association [KCMBA], representing a personal injury victim, or pursuing his philanthropic interests, Lantz Welch's modus operandi is the same: Preparation and Perfectionism.

 

Welch is justifiably proud of the time and effort he has devoted to the legal profession and the results he has achieved. A watershed year in Welch's era of service to the bar came in 1977 when he became president of the KCMBA. During his tenure he instigated and promoted passage of a new constitution and bylaws that achieved, among other things, an open election process for future bar officers.

 

Upon taking office as bar president, Welch discovered the association was nearly bankrupt. He personally signed a note to keep the association afloat and then, in the face of stiff opposition, pushed through a substantial increase in bar dues. Because of the quality of continuing legal education and social programs during Welch's tenure as president, the association was in the black, and the bank debt was retired by the end of his term in office.

 

Welch had another surprise when he became bar association president. He learned the organization had never filed a tax return and therefore was operating illegally. Welch was able to convince the executive committee to advise the Internal Revenue Service of the situation. The IRS assessed no penalty, and the KCMBA received section 501 [c] 3 status, permitting creation of the Kansas City Bar Foundation, which in turn gave birth to the bar association's present Bar Center.

 

During his presidency Welch began an effort to convince Missouri United States Senators that they needed input from the KCMBA to aid in the selection of federal judges. The endeavor was a lengthy one, but in 1981 the merit selection process for the federal judiciary in Missouri's Western District was born.

 

He is a past president of the Law Foundation of the School of Law of the University of Missouri-Kansas City and a past president of the Kansas City Bar Foundation.

 

Preparation and perfectionism likewise form the core of Welch's law practice. Welch has been described by a colleague as, "One of Kansas City's hardest-working attorneys, one who absorbs every detail of a case and engages in methodical planning of its' prosecution." His reputation is such that the majority of his clients are referred to him by other lawyers.

 

In 1989, Trial Lawyers for Public Justice, founded by Ralph Nader, nominated Welch for the organization's annual award given to the private practice attorney who most exemplified the organization's ideal by winning a "cutting edge" case-one that had, and will have, significant impact for the public good.

 

The "cutting edge" case was Welch's representation of 31 residents of Sedalia, Missouri, who suffered personal injury and property damage as a result of toxic spills and emissions from the Alcolac, Inc., chemical plant in Sedalia. The lawsuit was a 10-year endeavor during which Welch expended more than one million dollars in case expenses on behalf of his clients. The four-and a-half month trial ended with jury verdicts totaling more than $49 million. Of Welch's work on behalf of the Sedalia residents, the Trial Lawyers for Public Justice said, "For doing so much to preserve our air, land, and water, he is truly deserving of honor as one of the very best trial lawyers of the year."

 

Welch has been on the cutting edge with other cases as well. He represented the plaintiff in a case in which the Missouri Supreme Court first permitted an award of punitive damages against a health care provider, and he represented the plaintiff in the case in which the state's high court abolished the practice of remittitur.

 

Welch has been listed continuously in The Best Lawyers in America since the book's inception in 1983. He has been selected by his peers as a member of the Inner Circle of Advocates and as a Fellow in the International Academy of Trial Lawyers.

 

Lantz Welch's philanthropic endeavors also receive his trademark investment of time and effort. The Lantz Welch Charitable Foundation contributed nearly $100,000 to establish the Lantz Welch Conference Room and the Lantz Welch Educational Center at the KCMBA headquarters.

 

But the Lantz Welch Charitable Foundation does not limit its financial assistance to the legal profession. The foundation donates up to $250,000 a year to a variety of programs, including those that help homeless and troubled youth. Welch says most of the money from his foundation goes to "disenfranchised people" who have difficulty making it on their own. He describes the recipients as "the kind of people I represent in lawsuits."

 

A few more details: I had to hammer the executive committee into amending the By-Laws in order to create an Open Election process which continues to the present day.

 

At our first meeting I asked to see the tax returns and was met by a stony silence. It seems that this group of lawyers and never bothered to file a tax return in spite of the fact that the President five terms earlier was our city's leading tax lawyer. I decided to correct this.

 

Our annual Christmas party had always featured free drinks and I installed a cash bar. An effort was made to impeach me for this that went nowhere. I acted as my own Program Chairman and because of the quality of the programs we retired my personal loan and the Bar Assoc. ended up in the black.

 

In March of 1978 I created a program called "Trial Encounters of The Best Kind". I brought him Phil Corboy, the best trial lawyer in Chicago; Gerry Spence, trial lawyer from Wyoming; and John Shepherd, the best defense lawyer in St. Louis.

 

March through June of 1978 my correspondence from Sen. Tom Eagleton did not improve on the subject of Merit Selection for Federal Judges although Sen. Jack Danforth, the junior senator, thought my proposals were simply wonderful.

 

N.B. Jerry Wolf followed me as President & he brought my long and laborious task of Merit Selection for Federal Judges to fruition. I believe that this was a first for the United States.

 

Jerry also followed through on my plan to achieve legality with the IRS which in turn allowed us to obtain 501 [c] 3 status. We needed this in order to receive charitable gifts. This in turn allowed "The Lantz Welch Charitable Foundation" to create the "Lantz Welch Legal Education Center".

 

In my "News Headnotes" of April 1978 I laid out my nominating committee rules for the selection of future officers of the Association. No more backroom politics and this procedure has been followed to the present time.

 

In May of 1978 I addressed 97 new US citizens who took their oath of allegiance on Law Day.

"It was not the size, power or gross national product and made the United States the greatest country in the world. It gets down to one word -- freedom. There is no country in the world where people enjoy as much freedom as in the United States. Nobody is above the law. We learned that with Nixon and Watergate. Some say we learned that politicians and lawyers can be crooked, but that was the wrong lesson. It was the courts and the lawyers that enforced the rule of law. One of your first opportunities as citizens will be to serve on a jury. Here, no one can be falsely accused and be forced to prove his innocence. Another is your right to vote and I hope you take advantage of that right."

 

In June of 1978 I created a SECRET BALLOT for the lawyers to fill out on the upcoming election of 22 candidates in Jackson, Clay and Platte counties who were running to become Associate Circuit Judges. This had never been done before and got a great deal of attention in the local newspapers, all favorable. My plan was to keep several incompetents off the court and I was successful.

 

I received some heat from "The Women's Lawyers Association": "You indicated that the reason for the lack of women in the judiciary was the unavailability of qualified female candidates."

 

And what was really said on TV 9 was:

 

Mr. Welch, are there any lady judges in Jackson County at any level?

LW: No, there are none, at any level.

 

Mr. Welch, doesn't this look poorly on the part of the Kansas City Bar Association?

LW: No, it looks poorly on the part of the ladies for their unwillingness to come forward and present themselves as candidates.

 

In September of 1978 I created "Ask A Lawyer Day" wherein the K.C.B.A. furnished 12 volunteer lawyers to furnish free legal advice. As was said in the Kansas City Star: "We received a call from Southwestern Bell saying that there were 10,000 busy signals with 5,000 calls overflowed into other exchanges. The TV station's switchboard completely conked out.'

 

In November of 1978 the Missouri Association of Trial Attorneys presented a mock Circuit Court jury trial on how to try a major injury case with "An opportunity to see six of Missouri's most prestigious trial lawyers in action."

Representing the plaintiff were LW, Jim Hullverson of St. Louis and Ed Murphy of Butler, Mo. Luckily I was given my two favorite subjects: Voir Dire and Closing Argument.

 

And from MATA I received: "I would remind you that there is no way for trial lawyers to submit themselves for accreditation in the area of their specialty as there is for physicians. However, you can now know that your excellence has been accredited by the many lawyers and judges who have evaluated you as to your true excellence. Everything has been accomplished that we sought including breaking all previous attendance records."

 

I am pleased to tell you that at the 1978 annual KCBA Christmas party we no longer had a cash bar and everyone seemed to love the Benevolent Dictator.

 

I received a heartwarming letter from a lawyer around that time of year:

"When I saw your picture on the front cover of the KCBA bulletin this morning I was quite proud of you as I have been over the years.

By your trials skill you have brought victory to the little guy and hopefully sensitize those in opposition. I am proud of you."

 

In appreciation the Bar Assoc. commissioned a likeness of me by Al Kennedy:

 

 

 

 

While I was president of the Bar Association a decision was handed down by the US Supreme Court on the subject of advertising. But first, a little history is in order. At the back of our bar directory we could find a "Minimum Fee Schedule" that recommended legal fees for certain legal services by categories, e.g., Default Divorce, DUI, Bankruptcy, Adoption etc. Back in those days no one gave any thought to price-fixing or that there was anything wrong with suggested legal fees.

 

However, in Arizona there were two enterprising lawyers named Bates and O'Steen who focused their practice on uncontested court cases such as, divorce, adoption, simple bankruptcy cases, and name changes. Bates and O'steen decided that rather than charge expensive fees for their services they would focus on a large volume of cases in order to generate their income and they would do this through advertising.

 

Unfortunately the US Supreme Court did not demonstrate much in the way of Street Smarts. Instead of allowing advertising in a handful of limited areas, they totally threw open the doors for any and all advertising by the legal profession.

 

It is often thought by the general public that lawyer advertisements have tarnished the reputation of lawyers. There is no doubt in my mind about that.

 

A more insidious result has flowed from lawyer advertising. During the last 10/20 years of my practice virtually all of my cases were referred by lawyers who were not trial lawyers and they needed help for their clients. At the conclusion of the case a portion of the legal fee would be referred to the lawyer who brought me the legal business. I have never knowingly accepted a referral from a lawyer who advertises.

 

In the top 75 television markets nationwide, 2,000 lawyers advertise on television and spend close to $200 million collectively on advertising - Forbes 2001.

The predictable result of this is that instead of looking out for the best interests of the client by referring such client to Lantz Welch and waiting longer for the favorable result, the new breed will turn that case for $.20 or $.30 on the dollar in order to generate the next advertising fee.

 

CORPORATE AMERICA SIMPLY LOVES LAWYER ADVERTISING!!!

THE GOLDEN RULE & PATTERN INTERROGATORIES:

When a personal injury case is filed the usual discovery proceeding calls for the filing of interrogatories and thereafter the taking of depositions. Interrogatories are written questions proposed to a party to be answered under oath. They can be a legitimate helpful tool if used properly.

 

Naturally, the insurance industry and their defense lawyers soon figured out a way to abuse the process. Invention of the computer aided their nefarious scheme.

 

In automobile cases it became the practice of the large defense firms to unleash voluminous interrogatories consisting of hundreds of questions. The average lazy plaintiff lawyer would fail to file timely objections and there would be a motion for sanctions filed by the defense.

 

I came up with the radical idea that there should be Pattern Interrogatories to be filed in automobile cases. They were limited in scope and number. I then went to the Circuit Court en banc and at my behest they established a rule on the subject.

 

At the same time I obtained the passage of Lantz Welch's "Golden Rule" of discovery which provided as follows: If a lawyer wished to file a Motion for Sanctions it was a requirement that the motion be accompanied by a letter signed by that lawyer assuring the court that the lawyer had spoken in person or by telephone to his opponent and that the matter could not be resolved.

 

It seems that before this rule was enacted lawyers filed motions against one another without bothering to converse. Apparently they felt it was a sign of weakness to call the other lawyer and discuss the problem. By forcing them to speak to one another we were able to cut the discovery motions by 95%.

 

I understand that Pattern Interrogatories have been copied in the majority of jurisdictions in the United States.

 

The Bar Association commemorated this activity by awarding me a 25 foot tape measure:

 

 

To conclude this chapter as I puff up with justifiable pride I think of the story of the Post Turtle: "When you see a turtle on a fence post you know he did not get there by himself and he needs help while he's up there."

 

I then remembered the great driving force that shaped our organization for over 30 years, The Beautiful and Bodacious Bobbie Lou:

 

 

"Behind every great man there stands a woman." This was certainly true of the K.C.M.B.A. There is a standing acknowledgement among the Past Bar Presidents that while we may come & go, our Association's real national prominence and successes flowed from "Bobbie Lou".