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Keynote Speaker Thursday, June 9, 2011 Keynote Speaker Thursday, June 9, 2011 Author of nine best-selling works of fi ction, including his fi rst novel Presumed Innocent and its sequel, Innocent. THE March 2011 • Volume 80 • No. 3 The Journal Board of Editors OURNAL of the KANSAS BAR ASSOCIATION Your Partner in the Profession • www.ksbar.org Catherine A. Walter, Chair Topeka Aïda Marie Alaka Topeka J Terri Savely Bezek Topeka Hon. David E. Bruns Topeka Focus Boyd A. Byers Wichita Toby J. Crouse Overland Park People have the Connie S. Hamilton Topeka 32 Evan H. Ice Lawrence Power: The Power Katharine J. Jackson Manhattan Michael T. Jilka Overland Park of the Petition Lisa R. Jones Wichita Hon. Janice Miller Karlin Topeka By Robert W. Parnacott Casey R. Law McPherson Julene L. Miller Topeka Hon. Robert E. Nugent Wichita Hon. Lawton R. Nuss Topeka Nancy A. Ogle Wichita Professor John C. Peck Lake Quivira Richard D. Ralls Kansas City, Mo. Teresa M. Schreffler Lawrence Items of Interest Regular Features Richard H. Seaton Sr. Manhattan 08 Stepping Up 06 President’s Message Sarah B. Shattuck Ashland By Jim Oliver Richard D. Smith Topeka 07 Young Lawyers Section News Marty M. Snyder Topeka Matthew A. Spurgin Topeka 09 Unraveling the Negotiator’s 10 Law Students Corner Issaku Yamaashi Overland Park Ethical Paradox Rachael K. Pirner, BOG liaison Wichita 13 Members in the News 11 Lawyers, Right-Brain, Thinking, 14 Obituaries Catherine A. Walter, Chairperson and Diversity [email protected] 15 Law Practice Management Susan McKaskle, Communications Director 48 Rules Relating to Judicial Tips & Tricks [email protected] Conduct, Rule 607, Confidentiality 42 Appellate Decisions 49 Changes at the CLE Commission 45 Appellate Practice Reminder 49 Classifieds OUR MISSION 51 CLE Docket 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 K B A understanding of the law, and MARK YOUR ANNUAL MEETING promoting the effective admin- & istration of our system of justice. CALENDAR! JOINT JUDICIAL CONFERENCE June 8-10, 2011 2011 Capitol Plaza Hotel Topeka, KS Working Together for Professional Excellence www.ksbar.org The Journal of the Kansas Bar Association | March 2011 3 TABLE OF CONTENTS CON’T Article ... serving the citizens of Kansas and the legal profession through funding chari- 16 The Greatest table and educational projects that foster the welfare, honor, and integrity of the legal system by improving its accessibility, Generation of equality, and uniformity, and by enhanc- ing public opinion of the role of lawyers Kansas Lawyers in our society. Kansas Law Center By Matthew D. Keenan 1200 SW Harrison Topeka, Kansas 66612-1806 Telephone: (785) 234-5696 Fax: (785) 234-3813 Website: www.ksbar.org OFFICERS James D. Oliver Overland Park President [email protected] Daniel H. Diepenbrock Liberal President-elect [email protected] Joni J. Franklin Wichita Secretary-Treasurer [email protected] John D. Jurcyk Roeland Park Immediate Past President [email protected] Cover Photos: 1, 7: Emerson Shields BOARD OF TRUSTEES 2, 8: William J. Mullins, Jr. James C. Dodge Sublette 3: Glee S. Smith Holly Dyer Wichita 4: Wayne Probasco Kenneth J Eland Hoxie 5: Aubrey J. Bradley, Jr. Gregory P. Goheen Kansas City, Kan. 6: Arnold C. Nye Terence E. Leibold Lawrence David K. Markham Parsons 9: Alfred Holl Amy E. Morgan Overland Park 10: Glenn Opie David H. Moses Wichita 11: Edwin M. Wheeler Edward J. Nazar Wichita 12: Robert L. Bates Randall J. Pankratz Wellington H. Douglas Pfalzgraf Newton Cover layout & design by Ryan Purcell, [email protected] Hon. Ronnie L. Svaty Ellsworth J. Ronald Vignery Goodland Kenneth W. Wasserman Salina Hon. Evelyn Z. Wilson Topeka Jennifer M. Hill Wichita Young Lawyers Representative Katherine L. Kirk Lawrence Kansas Association for Justice ve a Representative Gi Susan G. Saidian Wichita Kansas Women Attorneys Association Representative to William L. Townsley III Wichita Kansas Association of Defense Hand Up Counsel Representative Laura L. Ice Wichita Kansas Bar Association Representative Those in Need Bruce W. Kent Manhattan Kansas Bar Association Representative David J. Rebein Dodge City • Help is needed to provide pro bono legal services to low-income Kansans; ALL areas of practice Kansas Bar Association are needed. Representative • No potential clients will be given your name without approval and all will be screened for EXECUTIVE DIRECTOR fi nancial eligibility through Kansas Legal Services. Jeffrey J. Alderman Topeka • KLS may be able to help with extraordinary litigation expenses when the interests of justice [email protected] require it. MANAGER, PUBLIC SERVICES Meg Wickham Topeka [email protected] For more information or to volunteer, contact Kelsey Schrempp, KBA manager of public services, at (785) 234-5696 or at [email protected]. www.ksbar.org The Journal of the Kansas Bar Association | March 2011 5 SPECIAL GUEST AUTHOR JACK DALTON Becoming Lawyers of a Different Kind aving agreed to the request of KBA President Glenn average high enough to meet the strict requirements and re- Braun to write an article for the Journal, I pondered main in law school. on just about what I could write. After all, I am an Law school was tough for these applicants and students, Hoctogenarian. There are many of us still around who maintain many of whom had been away from an academic environ- an active interest in Bar activities. But then I reflected back on ment. Some, on the first day, were not aware that assignments a time when lawyers underwent a metamorphosis and became were placed on a bulletin board to enable the student to do lawyers of a different kind. Here’s how: his studying in advance. One could be embarrassed for not The usual heat and humidity ushered in the Lawrence checking the board in advance. The requirements for study spring, along with the blooming flowers, shrubs, and trees. were imposing; the required intensity was so much greater The heat exacerbated by dark robes they wore was abated to a than undergraduate school. certain degree by the invention by an aspiring engineer, clan- The law school had lost members of its student body be- destinely sold under authority granted by the 1949 legislature cause potential lawyers were granted no exemption from the authorizing beer sales. The cooling elixir consisted of a small draft. On the other hand, the medical school was usually able 32-ounce tank to store the beer, kept cool by a miniature cool- to obtain exemptions for its applicants otherwise qualified to er. Suction was created by inhaling on a straw attached to the enter medical school. belt and cooler. The device was a great relief to many gradu- Women had not entered into the mix yet, but that day was ates and also seemed to add conviviality to the proceedings. not far away. Although not seeking a path to a professional ca- Most of the graduates and their guests had departed Law- reer – that would come later. They supported their husbands rence for their home cities. But the vestiges of the professional by working outside the home at several jobs, contributing sig- schools, law and medicine, remained. Enrollment for both nificantly to the family largely by earning their PHT (putting schools was scheduled to commence at 9 a.m. on Monday. husband through) degree. Monday brought a cooler day than the graduation day be- These difficulties created a strong camaraderie among these fore. A relief because the law school, as well as most other lawyers-to-be. The camaraderie survived graduation and car- buildings on the campus, was without any type of cooling ried over to the practice of law. A phenomenon, not under- equipment. The long-range weather forecast was not available stood by the public, was the survival of this camaraderie even and conditions existed which forebode any chance of com- after a hotly contested litigation. The camaraderie exemplified fortable weather. The aspiring law student was thus relegated the ability of the lawyers to strongly advocate their position to studying at night. Many gentlemen students removed shirts and remain friends. only to open access to little green bugs enjoying a meal. This was the creation that brought about strong relation- Entry into the law school was not by LSAT but by the mere ships and made law a fun thing to practice. application of the prospective student to the law school. If one Those events that brought lawyers together socially were could survey the entry of these law students into the world well attended. Judges modified their dockets to accommodate of law, one could conclude that the applicants were generally these events. Reservations for hotel accommodations went older than usual applicants and also bore the scars of war from fast. These lawyers had become excellent practitioners of the which they had come. The damage inflicted to a great number law. Camaraderie was a key to this condition. of these applicants by the war was obvious, and evidence of The practitioner recognized the need for ethical practice the sacrifice made. and honor before the court. The high degree of respect earned The group assembled between classes with the usual ex- by the profession added to the joy of practice. Indeed, it was change of ideas concerning the answers to the questions pre- fun to practice law. In this period of metamorphosis, actions sented by the law professor. in our U.S. Supreme Court propelled the change. The Court Arguments were presented with strong adherence to learn ruled that the profession’s use of minimum fee schedules vi- what was being studied and certainly what was right. It was olated applicable anti-trust and restraint of trade laws, and important that the lesson be well learned for it would be a tool the attempt by the Virginia Bar to restrict advertising by the to be used in their coming performance in a courtroom.
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