Legal expertise influences policy making in Missouri Legislature

Missouri lawmakers have introduced several bills this session that could reshape the state’s legal landscape, with lawyers serving in the legislature playing a role in drafting and advocating for some of the proposals.

Tort reform, updates to fiduciary law and judicial oversight are among some of the issues under the spotlight this session. Proponents say many of the measures aim to make Missouri’s legal system more efficient, but they have also drawn criticism from opponents who say they could limit access to justice.

Being an attorney in the legislature

With multiple lawyer-legislators in the Missouri General Assembly — eight in the Senate and 17 in the House — legal expertise can help shape policy decisions. Attorneys serving in the legislature bring firsthand knowledge of the legal system, which can be an asset in drafting and refining legislation.

Rep. Matthew Overcast, R-Ava, a first-term legislator, said he had not originally planned to run for office, but has enjoyed using his legal background in the process.

“Being in the General Assembly wasn’t on my radar at all … I had just opened up my own private practice, and I was really ramping things,” Overcast said. “I definitely enjoy it way more than divorcing people … I like the aspect of drafting, the transaction aspect of the assembly.”

Rep. Rudy Veit, R-Wardsville, another attorney-legislator, emphasized the balance required to maintain a legal practice while serving in office.

“I had been involved in politics my whole life, but I could not run for office because I was running a private practice. People expect you to be there,” Veit said. “Even though it’s not full-time here, it is about full time. You have to talk ahead of time with your clients, make sure they feel they’re not abandoned.”

Veit also compared his work in the legislature to legal negotiations.

“I’ve done trial work my whole life, and so it’s a lot like appearing in court, trying to find a middle ground on issues, getting people to compromise,” he said. “The challenge up here is that people don’t always have personal stakes in the outcome like they do a lawsuit.”

Overcast said that his legal background provides him and other lawyer-legislators with an advantage in drafting and negotiating legislation.

“Everything that you learn in law school … it’s all extremely helpful in this building. There’s a lot of people who get elected to the General Assembly who don’t have that skill set … so while they’re well-intentioned, they don’t have the scope to execute … and I think that’s where attorneys have that advantage.”

Focus on tort reform

The Missouri Legislature has a long history of tort reform debate, often pitting business groups and insurers against trial attorneys and consumer advocates. The Missouri Bar identified 36 bills filed this session related to tort law, and tort reform seems to be gaining momentum it hasn’t seen in past sessions.

One tort reform measure is Overcast’s House Bill 68, which would shorten the statute of limitations for personal injury claims from five years to two years. The bill, if passed, would apply to injuries that occurred after Aug. 28 of this year.

Proponents have argued that Missouri’s current five-year statute of limitations is an outlier, as most states require claims to be filed within two or three years. They say reducing the timeframe would provide more certainty for business and insurers while ensuring that cases are filed while evidence is still fresh.

“All of our surrounding states that border us are lower,” Overcast said. “This is one of those that makes sense.”

However, opponents have argued that a shortened statute of limitations could disadvantage injury victims who may not immediately recognize the full extent of their injuries.

“I am shocked and surprised and appalled that we’re having a discussion about how to improve business in Missouri while cutting off the Seventh Amendment rights of the injured to recover for their damages,” said personal injury and workers’ compensation attorney Randy Alberhasky of The Alberhasky Law Firm in Springfield during a House hearing on HB 68 in January. “We’re actually taking away the rights of the injured to get compensation as they’re entitled to by law … We’re going to protect … bad actors … bad products … on the backs of the injured, and that’s how we’re going to improve the business opportunities in Missouri.”

Other tort reform bills making their way through the legislature include proposals to modify Missouri’s collateral source rule, limit other punitive damages and adjust venue rules for civil lawsuits. Business groups and insurers have pushed for these changes, arguing that the state is a “judicial hellhole” where excessive verdicts drive up costs for businesses.

“Why would they come to Missouri … Looking at this through the business lens, we’re not very competitive in that sense,” Overcast said. “While that’s not the only factor when looking at where to bring their business, it is a significant factor when there is such a disparity between you and the neighboring states.”

The Missouri Chamber of Commerce also indicated its support for several of the tort reform measures currently moving through the legislature, including a bill sponsored by Sen. Curtis Trent, R-Springfield, also a lawyer. Trent’s proposal, Senate Bill 47, would update the rules regarding the certification of classes in class action lawsuits, bringing Missouri more in line with federal law.

Missouri Bar initiates legislation

The Missouri Bar initiated several legislative proposals for 2025, including House Bill 83, sponsored by Veit. The bill covers a range of issues, including updates to fiduciary law, judicial proceedings and the execution of estate planning documents.

Among the provisions in HB 83 is the Missouri Uniform Fiduciary Income and Principal Act, which modernizes trust and estate law by clarifying how fiduciaries manage assets and income. The bill also introduces procedural changes for administrative law judges, allowing for a more streamlined process for complaints and discipline.

“This bill contains many parts that have been approved by both the House and Senate in past sessions but didn’t make it through due to legislative delays,” Veit said. “These are not controversial measures. They improve efficiency in in judicial processes, whether it’s picking jurors, discovers or workers’ compensation procedures.”

Veit’s bill also addresses estate planning documents executed during a state emergency, like COVID-19. Trent is sponsoring a similar piece of legislation, which also is supported by the Bar.

Other Missouri Bar-initiated proposals include looking at attorney fees during agency proceedings and actions and trusts.

Veit noted the importance of lawyers in the legislature making these improvements

“If we want our judicial system to be respected, it has to be efficient,” he said. “Technology changes, needs change and we need an active bar and legislators who understand those needs.”

Tort reform and judicial modernization will most likely continue to be prominent issues to address in Missouri. While Republican majorities make it more likely that certain reforms will pass, bipartisan negotiations may influence final versions of these bills.

Veit emphasized the broader impact of legislative work beyond individual bills.

“As lawyers, we’re trained to think about collateral consequences … When you add to someone else’s rights, you’re taking away from someone else at the same time,” Veit said. “So, it’s a balancing act.”

Lawmaking is a challenge, opportunity

For lawyer-legislators like Overcast and Veit, balancing legal expertise with policymaking is both a challenge and an opportunity.

“If you’re a lawyer thinking about running, understand the commitment,” Veit said. “Your clients still need you and the work in the legislature doesn’t stop.”

With multiple judicial and tort reform bills under consideration, the outcome of this session could shape Missouri’s future legal landscape. Whether these measures move forward or not, legislators with legal experience will continue to help play a role in shaping Missouri policy.