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No Contest Clauses in Kansas SEPTEMBER 2013 • VOLUME 82 • NO. 8 No Contest Clauses in Kansas SEPTEMBER 2013 • VOLUME 82 • NO. 8 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 No Contest Clauses Katharine J. Jackson Manhattan 22 Michael T. Jilka Lawrence in Kansas Lisa R. Jones Topeka By Shannon K. Barks Hon. Janice Miller Karlin Topeka Casey R. Law McPherson Julene L. Miller Topeka Hon. Robert E. Nugent Wichita Professor John C. Peck Lake Quivira Rachael K. Pirner 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 Marty M. Snyder Topeka 08 Living with Bipolar Disorder 06 President’s Message Matthew A. Spurgin Topeka Catherine A. Walter Topeka 11 The Diversity Corner: It’s Time to 07 Young Lawyers Section News Issaku Yamaashi Overland Park Dance 12 Law Practice Management 16 Law-Related Education and Tips & Tricks “Celebrate Freedom Week” 13 A Nostalgic Touch of Humor 20 2013 Outstanding Speakers Richard D. Ralls, Chairperson 14 Law Students Corner [email protected] Recognition ’ Beth Warrington, Communication Services Director [email protected] 15 Substance & Style 18 Members in the News 19 Obituaries 29 Appellate Decisions OUR MISSION 30 Appellate Practice Reminders 38 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 | September 2013 3 Let your VOICE be Heard! 2013-14 KBA Officers and Board of Governors PRESIDENT DISTRICT 2 (CON’T.) DISTRICT 10 Dennis D. Depew Hon. Sally D. Pokorny Jeffery A. Mason (620) 325-2626 Neodesha (785) 832-5248 Lawrence (785) 890-6588 Goodland [email protected] [email protected] [email protected] PRESIDENT-ELECT DISTRICT 3 DISTRICT 11 Gerald L. Green Eric L. Rosenblad Nancy Morales Gonzalez (620) 662-0537 Hutchinson (620) 232-1330 Pittsburg (816) 936-5788 Kansas City, Mo. [email protected] [email protected] [email protected] VICE PRESIDENT DISTRICT 4 DISTRICT 12 Gerald L. Green Chad D. Giles William E. Quick (620) 662-0537 Hutchinson (620) 221-1120 Arkansas City (816) 360-4335 Kansas City, Mo. [email protected] [email protected] [email protected] SECRETARY-TREASURER DISTRICT 5 AT-LARGE GovERNOR Stephen N. Six Terri S. Bezek Christi L. Bright (816) 714-7190 Kansas City, Mo. (785) 296-2639 Topeka (913) 239-9966 Overland Park [email protected] [email protected] [email protected] ImmEDIATE PAST PRESIDENT Cheryl L. Whelan KDJA REPRESENTATIVE Lee M. Smithyman (785) 296-3204 Topeka Hon. Thomas E. Foster (913) 661-9800 Overland Park [email protected] (913) 715-3860 Olathe [email protected] DISTRICT 6 [email protected] YOUNG LAWYERS SECTION PRESIDENT Bruce W. Kent KBA DELEGATE TO ABA Jeffrey W. Gettler (785) 556-2019 Manhattan Rachael K. Pirner (620) 331-1800 Independence [email protected] (316) 630-8100 Wichita [email protected] DISTRICT 7 [email protected] DISTRICT 1 Matthew C. Hesse KBA DELEGATE TO ABA Toby J. Crouse (316) 858-4924 Wichita Linda S. Parks (913) 498-2100 Overland Park [email protected] (316) 265-7741 Wichita [email protected] J. Michael Kennalley [email protected] (316) 268-7933 Wichita Gregory P. Goheen [email protected] ABA BOARD OF GovERNORS (913) 371-3838 Kansas City, Kan. Thomas A. Hamill [email protected] Calvin D. Rider (316) 267-7361 Wichita (913) 491-5500 Overland Park Mira Mdivani [email protected] [email protected] (913) 317-6200 Overland Park ABA STATE DELEGATE [email protected] DISTRICT 8 Hon. Christel E. Marquardt Jennifer K. Vath John B. Swearer (620) 662-3331 Hutchinson (785) 296-6146 Topeka (816) 460-2516 Kansas City, Mo. [email protected] [email protected] [email protected] EXECUTIVE DIRECTOR DISTRICT 2 DISTRICT 9 Jordan E. Yochim Charles E. Branson David J. Rebein (620) 227-8126 Dodge City (785) 234-5696 Topeka (785) 841-0211 Lawrence [email protected] [email protected] [email protected] TABLE OF CONTENTS CON’T. Article ... serving the citizens of Kansas and the legal profession through funding chari- 09 table and educational projects that foster Q-and-A with ALPS President and the welfare, honor, and integrity of the legal system by improving its accessibility, equality, and uniformity, and by enhanc- CEO David Bell ing public opinion of the role of lawyers in our society. Kansas Law Center 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 Katherine L. Kirk Lawrence President [email protected] Edward J. Nazar Wichita President-elect [email protected] Laura L. Ice Wichita Secretary-Treasurer [email protected] Joni J. Franklin Wichita Immediate Past President [email protected] BOARD OF TRUSTEES Amy Fellows Cline Wichita Melissa R. Doeblin Topeka Gregory P. Goheen Kansas City, Kan. James L. Hargrove El Dorado Scott M. Hill Wichita Aaron L. Kite Dodge City Charles D. Lee Hutchinson Kurtis I. Loy Pittsburg Amy E. Morgan Overland Park David H. Moses Wichita C. David Newbery Topeka Susan G. Saidian Wichita Gregory A. Schwartz Hays Todd N. Thompson Lawrence Kenneth W. Wasserman Salina Hon. Evelyn Z. Wilson Topeka Brooks G. Severson Wichita Young Lawyers Representative Margaret A. Farley Lawrence Kansas Association for Justice Representative Patrice Petersen-Klein Topeka Kansas Women Attorneys Association Representative Nathan D. Leadstrom Topeka 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 Counsel Representative November/December for a total of 10 issues a year. opinion or statement of fact in the substantive legal Sara S. Beezley Girard Kansas Bar Association Periodical Postage Rates paid at Topeka, Kan., and articles published in The Journal of the Kansas Bar Representative at additional mailing offices. The Journal of the Kan- Association. Bruce W. Kent Manhattan sas Bar Association (ISSN 0022-8486) is published Kansas Bar Association by the Kansas Bar Association, 1200 SW Harrison For display advertising information contact Representative Bill Spillman at (877) 878-3260 or email bill@ Timothy M. O’Brien Kansas City, Kan. St., Topeka, KS 66612-1806; Phone: (785) 234- innovativemediasolutions.com. For classified ads Kansas Bar Association 5696; Fax: (785) 234-3813. Member subscription Representative is $25 a year, which is included in annual dues. contact Beth Warrington at (785) 234-5696 or email [email protected]. Publication of adver- EXECUTIVE DIRECTOR Nonmember subscription rate is $45 a year. POST- tisements is not to be deemed an endorsement of Jordan E. Yochim Topeka MASTER: Send address changes to The Journal of [email protected] the Kansas Bar Association, 1200 SW Harrison St., any product or service advertised unless otherwise indicated. MANAGER, PUBLIC SERVICES Topeka, KS 66612-1806. Anne Woods Topeka COPYRIGHT 2013 [email protected] Kansas Bar Association, Topeka, Kan. www.ksbar.org The Journal of the Kansas Bar Association | September 2013 5 FROM THE PRESIDENT DENNIS D. DEPEW Increasing Your Web Presence with a Few Keystrokes ne of the things that the Kansas Bar Association is coming to our new website, which is the ability of the general constantly striving for is better value for you, our public to go to the website and search for an attorney by area members. We are always looking for ways to improve of practice and geography. This feature is going to be a huge Oour products and services. We are and have been working on marketing tool for you, and is why your member profile is so a number ways to accomplish this. One of the biggest areas of important to keep current with the latest information about effort has been the KBA website. KBA staff has been working you and your practice. on a new and improved website for some time. Another feature of the KBA member profile is the ability As the new president of the KBA, it is my pleasure to intro- to add a direct link to your personal or law firm website, if duce to you our new website – www.ksbar.org. It is the same you have one. That direct link will allow another attorney address as before, but the site is brand new. Here you can or a member of the general public who is looking for more still find all the great programs and services that the KBA has information about you to simply click on that link and be provided for many years – excellent and topical CLE (now taken instantly to your website. That promotes not only you, available on demand), the KBA Journal (you can even read but other members of your firm as well. It allows you the it online), legislative reports and overviews (with online bill opportunity to provide more information in more detail and tracking, and direct legislator search and contact links), the further market yourself in that manner. All of this can be ac- ability to purchase KBA publications in our new storefront complished by merely fully updating your personal profile on (with immediate download soon to come), and, of course, the new KBA website.
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