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The Journal the Board of Editors OURNAL of the Kansas Bar Association Your Partner in the Profession • Richard D May 2012 • VoluMe 81 • No. 5 The Journal THE Board of Editors OURNAL of the KANSAS BAR ASSOCIATION Your Partner in the Profession • www.ksbar.org Richard D. Ralls, Chair Shawnee Mission Terri Savely Bezek, BOG liaison Topeka Joan M. Bowen Wichita Hon. David E. Bruns Topeka J Boyd A. Byers Wichita Toby J. Crouse Overland Park Focus Emily Grant Topeka Connie S. Hamilton Topeka Spendthrift Trust Evan H. Ice Lawrence 18 Katharine J. Jackson Manhattan Clauses and Michael T. Jilka Lawrence Lisa R. Jones Topeka Hon. Janice Miller Karlin Topeka Kansas Divorces: Casey R. Law McPherson Julene L. Miller Topeka Does a Settlor’s Hon. Robert E. Nugent Wichita Nancy A. Ogle Wichita Intent Still Matter? Professor John C. Peck Lake Quivira By Calvin J. Karlin and Anna Smith Rachael K. Pirner, President Wichita Karen Renwick Kansas City, Mo. Teresa M. Schreffler Mission Richard H. Seaton Sr. Manhattan Sarah B. Shattuck Ashland Items of Interest Regular Features Richard D. Smith Topeka 9 Thinking Ethics: The Attorney 06 President’s Message Marty M. Snyder Topeka Diversion Program Matthew A. Spurgin Topeka 08 Young Lawyers Section News Catherine A. Walter Topeka 10 The Diversity Corner: Asian- Issaku Yamaashi Overland Park Pacific American Heritage Month 12 Substance & Style 15 Welcome Spring 2012 Admittees 13 Law Practice Management Tips & Tricks Richard D. Ralls, Chairperson to the Kansas Bar [email protected] Law Students’ Corner Beth Warrington, Communications Manager 28 Supreme Court Rule 115A: 14 [email protected] Limited Representation 16 Members in the News 31 Supreme Court Rule 804: 16 Obituaries Accreditation of Programming 32 Appellate Decisions OUR MISSION 35 Appellate Practice Reminders 46 Classified Advertisements The Kansas Bar Association is dedicated to advancing the pro- fessionalism and legal skills of lawyers, providing services to its members, serving the commu- nity through advocacy of public policy issues, encouraging public understanding of the law, and promoting the effective admin- istration of our system of justice. www.ksbar.org The Journal of the Kansas Bar Association | May 2012 3 TABLE OF CONTENTS CON’T. Article ... serving the citizens of Kansas and the 11 legal profession through funding chari- Modesty, Humility, table and educational projects that foster the welfare, honor, and integrity of the and What We Can legal system by improving its accessibility, equality, and uniformity, and by enhanc- ing public opinion of the role of lawyers Learn from Our in our society. Senior Attorneys Kansas Law Center By Matt Keenan 1200 SW Harrison Topeka, Kansas 66612-1806 Telephone: (785) 234-5696 Fax: (785) 234-3813 Cover layout & design by Ryan Purcell Website: www.ksbar.org [email protected] OFFICERS Daniel H. Diepenbrock Liberal President [email protected] Joni J. Franklin Wichita President-elect [email protected] Katherine L. Kirk Lawrence Secretary-Treasurer [email protected] James D. Oliver Overland Park Immediate Past President [email protected] BOARD OF TRUSTEES Glenn R. Braun Hays James C. Dodge Sublette Holly A. Dyer Wichita Gregory P. Goheen Kansas City, Kan. James L. Hargrove El Dorado Aaron L. Kite Dodge City Charles D. Lee Hutchinson Kurtis I. Loy Pittsburg Amy E. Morgan Overland Park David H. Moses Wichita Edward J. Nazar Wichita C. David Newbery Topeka Susan G. Saidian Wichita Todd N. Thompson Lawrence Kenneth W. Wasserman Salina Hon. Evelyn Z. Wilson Topeka Melissa R. Doeblin Topeka Young Lawyers Representative Margaret A. Farley Lawrence Kansas Association for Justice Representative Patrice Petersen-Klein Topeka Kansas Women Attorneys Association Representative William L. Townsley III Wichita The Journal of the Kansas Bar Association is published The Kansas Bar Association and the members of the Kansas Association of Defense monthly with combined issues for July/August and Board of Editors assume no responsibility for any opinion Counsel Representative Laura L. Ice Wichita November/December for a total of 10 issues a year. Pe- or statement of fact in the substantive legal articles pub- Kansas Bar Association riodical Postage Rates paid at Topeka, Kan., and at addi- lished in The Journal of the Kansas Bar Association. Representative tional mailing offices.The Journal of the Kansas Bar Asso- Bruce W. Kent Manhattan ciation (ISSN 0022-8486) is published by the Kansas Bar For display advertising information contact Bill Spill- Kansas Bar Association Association, 1200 SW Harrison St., Topeka, KS 66612- man at (877) 878-3260 or email bill@innovative Representative mediasolutions.com. For classified ads contact Beth War- Timothy M. O’Brien Kansas City, Kan. 1806; Phone: (785) 234-5696; Fax: (785) 234-3813. Member subscription is $25 a year, which is included in rington at (785) 234-5696 or email bwarrington@ksbar. Kansas Bar Association org. Publication of advertisements is not to be deemed an Representative annual dues. Nonmember subscription rate is $45 a year. POSTMASTER: Send address changes to The Journal of endorsement of any product or service advertised unless MANAGER, PUBLIC SERVICES the Kansas Bar Association, 1200 SW Harrison St., Tope- otherwise indicated. Kelsey Schrempp Topeka [email protected] ka, KS 66612-1806. COPYRIGHT 2012 Kansas Bar Association, Topeka, Kan. www.ksbar.org The Journal of the Kansas Bar Association | May 2012 5 FROM THE PRESIDENT RACHAEL K. PIRNER From “Bob Speak” to Happy Jack our terrific local bar association meetings this month. I began with travel to McPherson County where I was warmly welcomed by our friends there. Among those Fattending were Bret Christiansen, Jamie Karasek, David Page, Brian Bina, John Klenda, Tim Karstetter, Bill Gusenius, Jill Bremyer-Archer, Bob Wise, and President Amie Bauer. I have found that I have left many local bar meetings thinking to my- self I would love to practice with these lawyers. The McPher- son County Bar Association is one of those groups. We had a general discussion, and I got to give Bob Wise his 50-year pin. In presenting these honors at these local bar meetings I always make a few calls in advance in order to personalize my remarks. Not surprisingly, Bob, KBA president for 1990- 91, is well respected and liked by his colleagues. He is such a courteous fellow, his law partners report that he has developed Women Attorneys Association of Topeka general membership a language of his own, “Bob speak.” “Bob speak” goes some- luncheon. thing like this … Bob’s partner presents a cockamamie idea … Bob replies, “why don’t we table that.” Oh, but it would be a much gentler existence if we all adopted “Bob speak.” On to the general membership luncheon of the Women Attorneys Association of Topeka (WAAT) where I was able to see many good friends and enjoy a program developed by Mary Feighny. Angel Zimmerman, the president of WAAT was on hand to welcome me as was the Hon. Evelyn Wilson. Then we were treated to “Beginnings: Women in the Legal Profession, a script focused on the attempts of women to gain access to the legal profession. Hon. Marla J. Luckert, Mary Feighny, Hon. G. Joseph Pierron Jr., and Camille Nohe made the presentation, which was based on historical stories and excerpts from historical documents. Great meeting. Jason McClasky, president of the Johnson County Bar As- Photo courtesy of WAAT. sociation (JCBA), welcomed me to the monthly meeting Women Attorneys Association of Topeka (l-r): Justice Marla Luck- (Con’t. on next page) ert, Mary Feighny, Hon. G. Joseph Pierron Jr., and Camille Nohe. McPherson County Bar Association McPherson County Bar Association (l-r): Mike Mills, McPherson County Bar President Amie Bauer, and Bob Wise. 6 May 2012 | The Journal of the Kansas Bar Association www.ksbar.org where about 150 were in attendance. When you become a was such an engaging meeting that I forgot to take photos, so member of the JCBA, your lunch is included, and that cer- John Sherman, being a gracious host, rounded up his partners tainly encourages attendance at the monthly meetings. JCBA for a picture in front of their downtown Ellsworth office. has many projects underway; the members are hosting a char- Many thanks to my friends and colleagues across the state ity golf tournament to benefit Habitat for Humanity, they are for making this a fantastic month of bar meetings. n working in cooperation with the Kansas Women Attorneys Association on a food drive, and are working on a foundation KBA President Rachael Pirner may be reached by email at fundraiser called checkered flags for charity. During the meet- [email protected], by phone at (316) 630-8100, or by posting a ing, I was fortunate to honor G. Taylor Hess, a World War II note on our Facebook page at www.facebook.com/ksbar. veteran who served in Europe as a surgical technician before returning to obtain his degree from the University of Penn- sylvania. I was also able to give Hon. Sheldon M. Crossette his 50-year KBA pin. I did manage to gather some wonder- ful stories about Judge Crossette from Hon. Karen Arnold- Burger and Hon. Keith Taylor. As expected, many compli- ments were made; he is a gentleman, a dear friend, a compas- sionate lawyer, and judge, but I was particularly tickled by the story where he was paid back a prank by his staff sewing the sleeves of his robe shut. The meeting concluded with the presentation of the Justinian Award to Richard “Dick” Bond, who made a beautiful acceptance speech and received a stand- ing ovation from those at the meeting. The last meeting of the month was in Ellsworth with the bench and bar, where the entire bar showed up and even a Ellsworth County Bar Association (l-r): Carey Hipp, Greg Hoffman, few carpetbaggers from Barton County, which would be you, John Sherman, and Patrick Hoffman.
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