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Criminal Organiza- Edward Snowden Tions Which Might Target Our Economic Interests 24 | Horatius at the Bridge: A Kansas Lawyer’s Battle Cry By Ron Smith Cover layout & design by Ryan Purcell, [email protected] 07 | 2014 KBA Elections 21 | 2014 Attorney Registration 10 | Passing the Gavel 22 | Welcome Spring New Admittees to the Kansas By Kathy Kirk Bar 11 | Everyone Benefits from Your Participation in 29 | Supreme Court Rule 602: Commission on IOLTA Judicial Qualifications 11 | Frequently Asked Questions About IOLTA 29 | Supreme Court Rule 1701: Language Access Committee 14 | When I was a Nun Back in the 60s . By Anne McDonald Regular Features 6 | KBA President 18 | Substance & Style By Dennis D. Depew By Betsy Brand Six 8 | YLS President 20 | Members in the News By Jeffrey W. Gettler 20 | Obituaries 12 | The Diversity Corner By Joseph Mastrosimone 31 | Appellate Decisions 15 | Law Practice Management Tips & Tricks 33 | Appellate Practice Reminders By Larry N. Zimmerman 42 | Classified Advertisements 16 | Law Students’ Column By Kyle J. O’Brien E Let your VOICE be TH 2013-14 Heard! KBA Officers & Board of Governors President JOURNAL Dennis D. Depew, [email protected] OF THE KANSAS BAR ASSOCIATION President-Elect Gerald L. Green, [email protected] Vice President 2013-14 Natalie Haag, [email protected] Journal Board of Editors Secretary-Treasurer Stephen N. Six, [email protected] Richard D. Ralls, chair, [email protected] Terri Savely Bezek, BOG liaison, [email protected] Immediate Past President Lee M. Smithyman, [email protected] Joan M. Bowen, [email protected] Hon. David E. Bruns, [email protected] Young Lawyers Section President Jeffrey W. Gettler, [email protected] Boyd A. Byers, [email protected] District 1 Toby J. Crouse, [email protected] Christi L. Bright, [email protected] Emily Grant, [email protected] Toby J. Crouse, [email protected] Connie S. Hamilton, [email protected] Gregory P. Goheen, [email protected] Katharine J. Jackson, [email protected] Mira Mdivani, [email protected] Michael T. Jilka, [email protected] District 2 Lisa R. Jones, [email protected] Charles E. Branson, [email protected] Hon. Sally D. Pokorny, [email protected] Hon. Janice Miller Karlin, [email protected] Casey R. Law, [email protected] District 3 Eric L. Rosenblad, [email protected] Julene L. Miller, [email protected] District 4 Hon. Robert E. Nugent, [email protected] Brian L. Williams, [email protected] Professor John C. Peck, [email protected] District 5 Rachael K. Pirner, [email protected] Terri S. Bezek, [email protected] Karen Renwick, [email protected] Cheryl L. Whelan, [email protected] Teresa M. Schreffler, [email protected] District 6 Richard H. Seaton Sr., [email protected] Bruce W. Kent, [email protected] Sarah B. Shattuck, [email protected] District 7 Richard D. Smith, [email protected] Matthew C. Hesse, [email protected] Marty M. Snyder, [email protected] J. Michael Kennalley, [email protected] Calvin D. Rider, [email protected] Matthew A. Spurgin, [email protected] Catherine A. Walter, [email protected] District 8 John B. Swearer, [email protected] Beth A. Warrington, staff liaison, [email protected] Issaku Yamaashi, [email protected] District 9 David J. Rebein, [email protected] The Journal Board of Editors is responsible for the selection and editing of District 10 all substantive legal articles that appear in The Journal of the Kansas Bar Jeffery A. Mason, [email protected] Association. The board reviews all article submissions during its quarterly District 11 meetings (January, April, July, and October). If an attorney would like to Nancy Morales Gonzalez, [email protected] submit an article for consideration, please send a draft or outline to Beth Warrington, communication services director, at [email protected]. District 12 William E. Quick, [email protected] At-Large Governor The Journal of the Kansas Bar Association (ISSN 0022-8486) is published Vacant monthly with combined issues for July/August and November/December for a total of 10 issues a year. Periodical Postage Rates paid at Topeka, Kan., KDJA Representative and at additional mailing offices. The Journal of the Kansas Bar Association Hon. Thomas E. Foster, [email protected] is published by the Kansas Bar Association, 1200 SW Harrison St., Topeka, KBA Delegate to ABA KS 66612-1806; Phone: (785) 234-5696; Fax: (785) 234-3813. Member Linda S. Parks, [email protected] subscription is $25 a year, which is included in annual dues. Nonmember Rachael K. Pirner, [email protected] subscription rate is $45 a year. ABA Board of Governors The Kansas Bar Association and the members of the Board of Editors assume Thomas A. Hamill, [email protected] no responsibility for any opinion or statement of fact in the substantive ABA State Delegate legal articles published in The Journal of the Kansas Bar Association. Hon. Christel E. Marquardt, [email protected] Copyright © 2014 Kansas Bar Association, Topeka, Kan. Executive Director For display advertising information contact Bill Spillman at (877) 878-3260 Jordan E. Yochim, [email protected] or email [email protected]. For classified advertising information contact Beth Warrington at (785) 234- OUR MISSION 5696 or email [email protected]. Publication of advertisements is not to be deemed an endorsement of any The Kansas Bar Association is dedicated to advancing the professionalism product or service advertised unless otherwise indicated. and legal skills of lawyers, providing services to its members, serving the community through advocacy of public policy issues, encouraging public POSTMASTER: Send address changes to The Journal of the Kansas Bar understanding of the law, and promoting the effective administration of Association, 1200 SW Harrison St., Topeka, KS 66612-1806. our system of justice. 4 The Journal of the Kansas Bar Association kba president Reflections of the Past and Hopes for the Future s my year as KBA president comes to a close, this last We have implemented serious upgrades to the KBA website column is devoted to thanking those who have helped and are continuing to enhance it regularly based on feedback Amake the year possible and looking to the future. The from our members. The usability and features of the website year has flown by and is now almost gone, seemingly having have increased dramatically. Casemaker has continued to up- just started. grade as well, which has enhanced our members’ online re- The first to be thanked are my family, firm, and clients. search capability. Without the support of my family to be allowed to devote We have created a Board of Publishers to enhance the cre- the time to this position, the work could not have gotten ation and distribution of KBA publications. The board will done. The same applies to my office family as they have had be working more closely with our practice sections and com- to play “catch me while you can” to try and keep things mov- mittees to produce publications that are timelier and more ing along. My clients have been willing to talk a lot more relevant. We are going to be exploring more electronic pub- with staff and understand that I was simply not as accessible lications as newer lawyers find that form of delivery better this past year. While electronic communication has made it suited to their needs. much easier, there is still no substitute for being in the of- We have created a Bar Prep Committee that is actively fice, able to see and talk to clients, go to court, and review working on trying to bring better and cheaper bar exam prep- paperwork. aration to the future lawyers of Kansas. It will be reporting to The next group to mention is the attorneys and judges I the KBA board in the next year with its recommendations on practice with and in front of. They have been extraordinarily how to better assist law school graduates as they prepare for gracious and accommodating in terms of scheduling and gen- the Kansas Bar Exam. eral patience. As I have said before, we have great bar and We are participating with a number of other organizations judges to work with here in Southeast Kansas and they have to try to resume the evaluation of Kansas appellate judges. gone above and beyond to ensure that I have been able to de- The goal of this coalition is to provide important information vote the time needed to KBA matters. More than one attorney to the citizens of Kansas about how our appellate judges are and judge has made the comment that they will be “glad to performing as well as provide valuable insight to the judges have me back” when my term ends. It will be good to be back. and justices about how they are doing and what, if any, areas The KBA staff and Board of Governors have also gone above they can work on to better serve the citizens of Kansas. Both and beyond to make the year go as smoothly as possible. In Kansas appellate courts are fully on board with this project last month’s column I recognized the staff and provided to you and looking forward to seeing it successfully implemented. their job duties, direct contact information, and, most impor- The KBA has worked with the Kansas legislature to get tantly, their photos so that when you interact with them via some important changes made in the law that we work with phone or email you will know who you are dealing with. The every day. There have been significant improvements made board is made up of quality attorneys from all across Kansas. to the Kansas LLC statutes this past session and there will be Board members are not hesitant to speak their minds and that more improvements suggested in other areas in next year’s ses- ensures that all viewpoints are discussed.
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