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2020 KBA Awards Avoiding a Quagmire Your Partner in the Profession | September/October 2020 • Vol. 89 • No. 7 2020 KBA Awards P. 14 Avoiding a Quagmire: Acquiescence in a Judgment as a Bar to Appeal by Casey R. Law P. 30 POWERING PAYMENTS FOR THE Trust Payment IOLTA Deposit Amount LEGAL $ 1,500.00 INDUSTRY Reference The easiest way to accept credit, NEW CASE debit, and eCheck payments Card Number **** **** **** 4242 The ability to accept payments online has become vital for all firms. When you need to get it right, trust LawPay's proven solution. As the industry standard in legal payments, LawPay is the only payment solution vetted and approved by all 50 state bar associations, 60+ local and specialty bars, the ABA, and the ALA. Developed specifically for the legal industry to ensure trust account compliance and deliver the most secure, PCI-compliant technology, LawPay is proud to be the preferred, long-term payment partner for more than 50,000 law firms. ACCEPT MORE PAYMENTS WITH LAWPAY 888-281-8915 | lawpay.com/ksbar POWERING PAYMENTS FOR THE 14 | KBA Awards Trust Payment 30 | Avoiding a Quagmire: Acquiescence in a IOLTA Deposit Judgment as a Bar to Appeal by Casey R. Law Amount LEGAL $ 1,500.00 INDUSTRY Reference Cover Design by Ryan Purcell The easiest way to accept credit, NEW CASE debit, and eCheck payments Special Features Card Number 23 | KBA’s Virtual Annual Meeting—Literally FABULOUS ........................... **** **** **** 4242 The ability to accept payments online has Karla Whitaker become vital for all firms. When you need to 44 | Washburn Law Clinic: Clinic in the Time of Coronavirus...................Michelle Y. Ewert get it right, trust LawPay's proven solution. 49 | Kansas Legal Services Helps Kansans Prevent Foreclosures Across the State As the industry standard in legal payments, 51 | IOLTA Banks of the Year LawPay is the only payment solution vetted and approved by all 50 state bar associations, Regular Features 60+ local and specialty bars, the ABA, and the ALA. 6 | From the Executive Director of the KBA/KBF 52 | Law Students’ Corner Embracing the Hybrid .......................... Stacey Harden Washburn University School of Law Developed specifically for the legal industry How to Ensure Your Email Finds Me Well 7 | From the President of the KBA to ensure trust account compliance and ............................................................ Emily Brandt Did You Miss It? ........................... Charles E. Branson deliver the most secure, PCI-compliant University of Kansas School of Law Taking Navy Skills from Cockpit to Classroom technology, LawPay is proud to be the 9 | From the President of the KBF ...............................................................Jared Jevons KBF—It’s the Right Thing to Do .................. preferred, long-term payment partner for Scott Hill 56 | Members in the News more than 50,000 law firms. 11 | From the President of the YLS 59 | Obituaries Know Your YLS Team – and Get Involved 64 | Appellate Decisions .................................................Kate Marples Simpson 81 | Appellate Practice Reminders 24 | A Nostalgic Touch Snow White’s Second Bite at the Apple— The Long Good-bye: PFRs/Summary PFRs ...............................Doug Shima Packing up the final family treasure .......Matt Keenan 82 | Advertising Directory 26 | Substance and Style 83 | Classified Advertisements Accounting for Cognitive Bias in Legal Reasoning: ... Part 2 ...................................................Pamela Keller 85 | USPS Statement of Ownership ACCEPT MORE PAYMENTS WITH LAWPAY 47 | Law Practice Management Tips and Tricks Local Practice—New Normal ........ 888-281-8915 | lawpay.com/ksbar Larry Zimmerman www.ksbar.org | September/October 2020 3 THE Let your VOICE 2020-21 be KBA Officers & Board of Governors Heard! JOURNAL President OF THE KANSAS BAR ASSOCIATION Charles E. Branson, [email protected] President-elect Hon. Cheryl Whelan, [email protected] 2020-21 Vice President Journal Board of Editors Nancy Morales Gonzalez, [email protected] Secretary-Treasurer Professor Emily Grant (Topeka), chair, [email protected] Laura Ice, [email protected] Sarah G. Briley (Wichita), [email protected] Immediate Past President Hon. David E. Bruns (Topeka), [email protected] Mira Mdivani, [email protected] Richard L. Budden (Kansas City), [email protected] Young Lawyers Section President Kate Duncan Butler (Lawrence), [email protected] Katherine E. Marples Simpson, [email protected] Boyd A. Byers (Wichita), [email protected] Immediate Past President Mitch E. Biebighauser, [email protected] Sarah Fertig, [email protected] District 1 Connie S. Hamilton (Manhattan), [email protected] Michael J. Fleming, [email protected] Lauren G. Hughes (McPherson), [email protected] Katie A. McClaflin, [email protected] Michael T. Jilka (Lawrence), [email protected] Katherine S. Clevenger, [email protected] Lisa R. Jones (Ft. Myers, FL), [email protected] District 2 Casey R. Law (McPherson), [email protected] Bethany J. Roberts, [email protected] Hon. Robert E. Nugent, Ret. (Wichita), [email protected] District 3 Professor John C. Peck (Lawrence), [email protected] Angela M. Meyer, [email protected] Richard D. Ralls (Overland Park), [email protected] District 4 Karen Renwick (Kansas City), [email protected] Brian L. Williams, [email protected] Jennifer Salva (Kansas City), [email protected] District 5 Vincent Cox, [email protected] Teresa M. Schreffler (Wichita), [email protected] Terri J. Pemberton, [email protected] Richard H. Seaton Sr. (Manhattan), [email protected] District 6 Sarah B. Shattuck (Ashland), [email protected] Tish S. Morrical, [email protected] Michael Sichter (Kansas City), [email protected] District 7 Richard D. Smith (Topeka), [email protected] William L. Townsley, III, [email protected] Katherine Tracy (Overland Park), [email protected] Hon. Jeffrey E. Goering, [email protected] [email protected] Hon. Sarah E. Warner (Lenexa), [email protected] Megan S. Monsour, Patti Van Slyke, Journal Editor & Staff Liaison, [email protected] District 8 Dell Marie Shanahan Swearer, [email protected] Issaku Yamaashi (Overland Park), [email protected] District 9 Natalie Yoza (Topeka), [email protected] Aaron L. Kite, [email protected] Journal Board of Editors The is responsible for the selection and editing of all District 10 substantive legal articles that appear in The Journal of the Kansas Bar Association. Gregory A. Schwartz, [email protected] The board reviews all article submissions during its quarterly meetings (January, April, July, and October). If an attorney would like to submit an article for District 11 consideration, please send a draft or outline to Patti Van Slyke, Journal Editor Candice A. Alcaraz, [email protected] at [email protected]. District 12 Ryan Purcell, graphic designer, [email protected] Alexander P. Aguilera, [email protected] Bruce A. Ney, [email protected] John M. Shoemaker, [email protected] The Journal of the Kansas Bar Association (ISSN 0022-8486) is published At-Large Governor monthly with combined issues for July/August and November/December for a Eunice Peters, [email protected] total of 10 issues a year. Periodical Postage Rates paid at Topeka, Kan., and at KDJA Representative additional mailing offices. The Journal of the Kansas Bar Association is published Hon. Bruce T. Gatterman, [email protected] by the Kansas Bar Association, 1200 SW Harrison St., Topeka, KS 66612-1806; Phone: (785) 234-5696; Fax: (785) 234-3813. Member subscription is $25 a year, KBA Delegate to ABA House which is included in annual dues. Nonmember subscription rate is $45 a year. Natalie G. Haag, [email protected] Eric K. Rosenblad, [email protected] The Kansas Bar Association and the members of the Board of Editors assume ABA State Delegate no responsibility for any opinion or statement of fact in the substantive Rachael K. Pirner, [email protected] legal articles published in The Journal of the Kansas Bar Association. Copyright © 2017 Kansas Bar Association, Topeka, Kan. YL Delegate to ABA House Joslyn Kusiak, [email protected] For display advertising information, contact: KBF Representative Bill Spilman at (877) 878-3260 toll-free, (309) 483-6467 or Scott M. Hill, [email protected] email [email protected] Executive Director of the KBA/KBF For classified advertising information contact Patti Van Slyke at (785) 234-5696 Stacey Harden, [email protected] or email [email protected]. Publication of advertisements is not to be deemed an endorsement of any OUR MISSION product or service advertised unless otherwise indicated. The Kansas Bar Association is dedicated to advancing the professionalism and POSTMASTER: Send address changes to The Journal of the Kansas Bar legal skills of lawyers, providing services to its members, serving the community through advocacy of public policy issues, encouraging public understanding of Association, P.O. Box 751080, Topeka, KS 66675-1080. the law, and promoting the effective administration of our system of justice. 4 The Journal of the Kansas Bar Association Protect Your Firm. Help More People. Be the Lawyer You Want to Be. Find out more about your KBA-endorsed carrier at www.alpsnet.com/kbajournal malpractice insurance for the law firm www.ksbar.org | September/October 2020 5 (800) 367-2577 www.alpsnet.com [email protected] from
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