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The Journal of the Kansas Bar Association Is Published Monthly with Combined Issues for Anne L THE OURNAL R M T of the Kansas Bar Association J June 2008 • Volume 77• No. 6 S A Let Your Voice be Heard! KBA Officers and Board of Governors PRESIDENT: YOUNG LAWYERS SECTION PRESIDENT: Teresa L. Watson Linda S. Parks Amy Fellows Cline (785) 232-7761 Topeka (316) 265-7741 Wichita (316) 630-8100 Wichita [email protected] [email protected] [email protected] DISTRICT 6: PRESIDENT-ELECT: KDJA REPRESENTATIVE: Gabrielle M. Thompson Thomas E. Wright Hon. Daniel L. Love (785) 539-3336 Manhattan (785) 271-3166 Topeka (620) 227-4620 Dodge City [email protected] [email protected] [email protected] DISTRICT 7: VICE PRESIDENT: DISTRICT 1: Laura L. Ice Timothy M. O’Brien Eric G. Kraft (316) 660-1258 Wichita (816) 474-6550 Kansas City, Mo. (913) 498-3536 Overland Park [email protected] [email protected] [email protected] Rachael K. Pirner SECRETARY-TREASURER: Kip A. Kubin (316) 630-8100 Wichita Hon. Benjamin L. Burgess (816) 531-8188 Kansas City, Mo. [email protected] (316) 660-5607 Wichita [email protected] [email protected] Mary Kathryn “Kathy” Webb Lee M. Smithyman (316) 263-5851 Wichita EXECUTIVE DIRECTOR: (913) 661-9800 Overland Park [email protected] Jeffrey J. Alderman [email protected] (785) 234-5696 Topeka DISTRICT 8: [email protected] DISTRICT 2: Gerald L. Green Gerald R. Kuckelman (620) 662-0537 Hutchinson IMMEDIATE PAST PRESIDENT: (913) 367-2008 Atchison [email protected] David J. Rebein [email protected] (620) 227-8126 Dodge City DISTRICT 9: [email protected] Paul T. Davis Hon. Kim R. Schroeder (785) 843-7674 Lawrence (620) 428-6500 Hugoton KBA DELEGATES TO ABA: [email protected] [email protected] Sara S. Beezley (620) 724-4111 Girard DISTRICT 3: DISTRICT 10: [email protected] Dennis D. Depew Glenn R. Braun (620) 325-2626 Neodesha (785) 625-6919 Hays Hon. David J. Waxse [email protected] [email protected] (913) 551-5434 Kansas City, Kan. [email protected] DISTRICT 4: DISTRICT 11: William E. Muret Nancy Morales Gonzalez KANSAS DELEGATE TO ABA: (620) 221-7200 Winfield (816) 474-6550 Kansas City, Mo. Thomas A. Hamill [email protected] [email protected] (913) 491-5500 Overland Park [email protected] DISTRICT 5: DISTRICT 12: Martha J. Coffman Christopher J. Masoner ABA DELEGATE AT LARGE: (785) 271-3105 Topeka (816) 983-8264 Kansas City, Mo. Hon. Christel E. Marquardt [email protected] [email protected] (785) 296-6146 Topeka [email protected] THEof the KansasOURNAL Bar Association JJune 2008 • Volume 77• No. 6 ITEMS OF INTEREST REGULAR FEATURES 5 Raising the Bar Honor Roll 4 President’s Message 6 Young Lawyers Section News 8 A Nostalgic Touch of Humor 9 Law Students’ Corner 7 High School Mock Trial Recap 12 Law Practice Management Tips & Tricks 14 Members in the News 14 “Jest Is For All” 16 Practical Tips for Handling 10 A Tribute to Joe L. Norton 15 Obituaries Children’s Issues When One 30 Appellate Decisions Parent is in the Military 33 Appellate Practice Reminders By Thomas D. Arnhold 42 Classifieds 43 CLE Docket 11 The Lewis F. Powell Jr. Award of Professionalism and Ethics Cover design by Ryan Purcell 13 Welcome Spring 2008 KANSAS BAR ASSOCIATION Admittees to the Kansas Bar annual 34 Reminders from the Kansas CLE Commission... 22 Summary Judgement for meeting Failure to Mediate: Is it Celebrating Our Past, Present, and Future Really That Simple? By Stanley A. Leasure 34 Tenth Circuit 2008 Bench Thursday, June 18 – Saturday, June 21 & Bar Conference Capitol Plaza Hotel ~ Topeka Our Mission: The Journal Board of Editors The Kansas Bar Association is dedicated to advancing the professionalism and legal Director of Bar Services: skills of lawyers, providing services to its members, serving the community through Susan McKaskle advocacy of public policy issues, encouraging public understanding of the law, and promoting the effective administration of our system of justice. Terri Savely Bezek, Chair Topeka Michelle Reinert Mahieu Dodge City The Journal of the Kansas Bar Association is published monthly with combined issues for Anne L. Baker Topeka Hon. Tom Malone Topeka July/August and November/December for a total of 10 issues a year. Periodical Postage Hon. Monti L. Belot Wichita Julene Miller Topeka Rates paid at Topeka, Kan., and at additional mailing offices. The Journal of the Kansas Boyd Byers Wichita Hon. Lawton R. Nuss Topeka Bar Association (ISSN 0022-8486) is published by the Kansas Bar Association, 1200 S.W. Harrison, P.O. Box 1037, Topeka, KS 66601-1037; Phone: (785) 234-5696; Fax: Hon. Jerry Elliott Topeka Prof. John Peck Lake Quivira (785) 234-3813. Member subscription is $25 a year, which is included in annual dues. J. Lyn Entrikin Goering Topeka Richard D. Ralls Kansas City, Mo. Nonmember subscription rate is $45 a year. POSTMASTER: Send address changes to Connie Hamilton Topeka Richard H. Seaton Manhattan The Journal of the Kansas Bar Association, P.O. Box 1037, Topeka, KS 66601-1037. Mark D. Hinderks Overland Park Richard D. Smith Topeka The Kansas Bar Association and the members of the Board of Editors assume no Evan Ice Lawrence Marty M. Snyder Topeka responsibility for any opinion or statement of fact in the substantive legal articles Katharine J. Jackson Manhattan Catherine A. Walter Topeka published in The Journal of the Kansas Bar Association. Michael T. Jilka Overland Park Diane S. Worth Wichita For advertising information contact Suzanne Green at (800) 211-1344 or e-mail Casey Law McPherson Martha Coffman, board liaison Topeka [email protected]. Publication of advertisements is not to be deemed an endorsement of any product or service advertised unless otherwise indicated. Terri Bezek, Board of Editors chairperson, [email protected] COPYRIGHT 2008 Kansas Bar Association, Topeka, Kan. Susan McKaskle, director of bar services, [email protected] From the President Linda S. Parks Year in Review y last column. Let me say that again. My last column. IOLTA accounts. We now know that the vast majority of states MWhew! have such systems and many more states are moving in that Actually, I have enjoyed it. Material has not been hard to direction. If we can adopt a mandatory IOLTA system with come by. In addition, it has been fun to hear from people who comparable interest rates to those generally paid by banks, we actually read the stuff, some of whom even agreed with what think we can increase the funds otherwise available through I said. But it’s almost time to ease into the past president role, IOLTA by 40 percent, which will improve our ability to pro- and I look forward to that as well. vide access to justice. We know there are still some issues to I started my presidency talking to you about the importance address, but we think we have answers for them. of the Kansas Bar Association (KBA), and the need for all – We revitalized our Diversity Committee. They are work- of us to reach out to the young or solo lawyers to encour- ing to have our Association leadership better reflect the diver- age their participation. If I had a theme for my presidency, I sity that exists in the legal community. They will also focus on think that was it. After all, “… the disparities in partnership opportuni- strength of the pack is the wolf, and Thank you for allowing me to ties and salaries that women lawyers the strength of the wolf is the pack.” face. Among many great ideas, the And through tremendous effort by serve as president this past year. committee has proposed a Diversity our executive director, Jeff Alder- It has been fun. Award to help honor lawyers or firms man, and his staff, as well as a terrif- who are working toward increasing ic Membership Committee, headed diversity in the legal field. by the always energetic Bob Hiller, we have surpassed 7,000 – We joined with the University of Kansas School of Law members for the first time in KBA history. Pretty impressive. and Washburn University School of Law to hold a Rule of We still need to work on mentoring and bringing people into Law Conference. In response to the atrocities that have oc- and along in the Association, but we also deserve a pat on the curred in Pakistan, American Bar Association President Bill back for the work we have already done. Neukom asked all state bar associations to hold these confer- In addition to membership, we have addressed other issues ences to help educate our communities and citizens about the throughout the year. importance of the rule of law. On May 15, many of our appel- – We rebuilt our building. Yes, by the time you read this col- late court judges, Hon. J. Thomas Marten, Secretary of State umn, the KBA Headquarters will be complete. Members of Ron Thornburg, and many other dignitaries joined together the KBA and the Kansas Bar Foundation (KBF) from across in Topeka to present the conference. It was well attended by the state worked very hard to raise the money necessary to business leaders from across the state and was incredibly infor- refurbish our building. And members of the KBA and KBF mative. Many thanks to Sara Beezley, who chaired the com- from across the state came through with significant donations. mittee and who made the event a real success. The grand reopening of the building will be during our KBA Of course, these are just some of the highlights. Many other Annual Meeting in Topeka this year, and it should be quite issues are on the horizon. We should continue to explore the a bash.
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