Janson et al v. LegalZoom.com, Inc.

Filing 161

MOTION in limine to exclude any evidence or argument that Plainitffs claims are brought to protect the legal profession 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 PLAINTIFFS’ CLAIMS ARE BROUGHT TO
PROTECT THE LEGAL PROFESSION
Come Now Plaintiffs, by and through counsel, and for their Motion in Limine to exclude
any evidence or argument that Plainitffs’ claims are brought to protect the legal profession state:
Plaintiffs anticipate, based on arguments previously asserted by LegalZoom, that
LegalZoom will attempt to introduce evidence or argument before the jury that the claims
asserted by plaintiffs in this lawsuit are brought to protect the legal profession from competition.
For example, LegalZoom’s expert offers opinions concerning the organized bar’s protection of
“its own economic interests.” (Powell Report, p. 8). Such evidence or argument should be
excluded because “[e]vidence which is not relevant is not admissible.” Fed. R. Evid. 402.
Furthermore, such evidence would mislead and confuse the jury who are charged with
determining facts concerning the conduct of LegalZoom, not public policy considerations
regarding the regulation of the practice of law.
“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).
Whether LegalZoom’s business of preparing legal documents is in the best interest of the legal
profession 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 evidence or argument that Plaintiffs’ claims are brought to protect the legal
profession.

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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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