Janson et al v. LegalZoom.com, Inc.

Filing 157

MOTION in limine to exclude any evidence or argument that a computer cannot practice law filed by David T. Butsch on behalf of All Plaintiffs. Suggestions in opposition/response due by 8/19/2011 unless otherwise directed by the court. (Butsch, David)

IN UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MISSOURI
CENTRAL DIVISION
TODD JANSON, et al., on behalf of
themselves and on behalf of all others
similarly situated,

Plaintiffs,
v.
LEGALZOOM.COM, INC.

Defendant.

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Case No. 2:10-cv-04018-NKL

PLAINTIFFS’ MOTION IN LIMINE TO EXCLUDE EVIDENCE OR ARGUMENT
THAT A COMPUTER CANNOT PRACTICE LAW
Come Now, Plaintiffs, by and through counsel, and for their Motion in Limine to exclude
any evidence or argument that a computer cannot practice law, state as follows:
Plaintiffs anticipate, based on arguments asserted by LegalZoom in their summary
judgment papers, that LegalZoom will attempt to introduce evidence or argument before the jury
that a computer is incapable of practicing law. LegalZoom’s argument is that a computer is
simple a modern version of a self-help kit. Such evidence or argument should be excluded
because “[e]vidence which is not relevant is not admissible.” Fed. R. Evid. 402. Furthermore, in
addition to being an erroneous statement of the law, such evidence would mislead and confuse
the jury.
Whether a computer can practice law has no bearing on the factual issues to be presented
to the jury. The statutory underpinning of plaintiffs’ cause of action is Section 484.020.1 RSMo,
which prohibits “the drawing” or “assisting in the drawing for a valuable consideration” of “any
paper, document or instrument affecting or relating to secular rights.” Thus, the factual question

for the jury to decide is whether LegalZoom participated in or assisted in the drawing of legal
documents.
“’Relevant evidence’ means evidence having any tendency to make the existence of any
fact that is of consequence to the determination of the action more probable or less probable than
it would be without the evidence.” Fed. R. Evid. 401. “Evidence which is not relevant is not
admissible.” Fed. R. Evid. 402. “A defendant has no right to offer and a jury has no right to
hear inadmissible evidence.” U.S. v. Ceballos, 593 F. Supp. 2d 1054, 1059 (S.D. Iowa 2009).
The assertion that a computer cannot practice law, beyond being a misstatement of Missouri law,
has no bearing whatsoever on the factual determination to be made by the jury concerning
whether LegalZoom violated Section 484.020.1 RSMo.
This court has broad discretion in determining the admissibility of evidence, Fortune
Funding, LLC v. Ceridian Corp., 368 F.3d 985, 990 (8th Cir. 2004), and should exercise its
discretion to exclude any evidence or argument that a computer cannot practice law.

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Edward D. Robertson, Jr., # 27183
Mary Doerhoff Winter, # 38328
BARTIMUS, FRICKLETON,
ROBERTSON & GORNY
715 Swifts Highway
Jefferson City, MO 65109
573.659.4454, 573.659.4460 (fax)
[e-mail],
[e-mail]

/s/ David T. Butsch
David T. Butsch, # 37539
James J. Simeri, #52506
BUTSCH SIMERI FIELDS LLC
231 S. Bemiston Ave., Ste. 260
Clayton, MO 63105
314.863.5700, 314.863.5711 (fax)
[e-mail]
[e-mail]

Timothy Van Ronzelen, #44382
Matthew A. Clement, #43833
Kari A. Schulte, #57739
COOK, VETTER, DOERHOFF &
LANDWEHR, PC
231 Madison
Jefferson City, Missouri 65101
573.635.7977, 573.635.7414 (fax)
[e-mail]
[e-mail]
[e-mail]

Randall O. Barnes, #39884
RANDALL O. BARNES & ASSOCIATES
219 East Dunklin Street, Suite A
Jefferson City, Missouri 65101
573.634.8884, 573.635.6291 (fax)
[e-mail]

Steven E. Dyer, #45397
LAW OFFICES OF STEVEN DYER
10850 Sunset Office Drive, Ste. 300
St. Louis, MO 63127
314.898.6715
[e-mail]
Attorneys for Plaintiffs

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CERTIFICATE OF SERVICE
I certify that on August 2, 2011, I filed the foregoing with the Clerk of the Court using the
CM/ECF system. The system sent notification of this filing to the following:
Party

Counsel
Robert M. Thompson
James T. Wicks
BRYAN CAVE LLP
One Kansas City Place
1200 Main Street, Ste. 3500
Kansas City, MO 64105
816.374.3200, 816.374.3300 (fax)

Defendant
LegalZoom.com, Inc.

John Michael Clear
Michael Biggers
James Wyrsch
BRYAN CAVE LLP
One Metropolitan Square, Ste. 3600
211 N. Broadway
St. Louis, MO 63102
314.250.2000, 314.259.2020 (fax)

/s/ David T. Butsch

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