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Of the Kansas Bar Association Jjuly/August 2008 • Volume 77• No THE OURNAL of the Kansas Bar Association JJuly/August 2008 • Volume 77• No. 7 www.ksbar.org KBA President Thomas E. Wright & his Predecessor Linda S. Parks ESI COMes TO THE K.S.A.: Kansas Adopts Federal Civil Procedure Rules on Electronic DisCOVERY Let Your Voice be Heard! 2008-2009 KBA Officers and Board of Governors PRESIDENT: KDJA REPRESENTATIVE: Teresa L. Watson Thomas E. Wright Hon. Meryl D. Wilson (785) 232-7761 Topeka (785) 271-3166 Topeka (785) 537-6372 Manhattan [email protected] [email protected] [email protected] DISTRICT 6: PRESIDENT-ELECT: DISTRICT 1: Gabrielle M. Thompson Timothy M. O’Brien Eric G. Kraft (785) 539-3336 Manhattan (913) 551-5734 Kansas City, Kan. (913) 498-3536 Overland Park [email protected] Tim_O’[email protected] [email protected] DISTRICT 7: VICE PRESIDENT: Kip A. Kubin Matthew C. Hesse Glenn R. Braun (816) 531-8188 Kansas City, Mo. (316) 858-4924 Wichita (785) 625-6919 Hays [email protected] [email protected] [email protected] Samuel P. Logan Laura L. Ice SECRETARY-TREASURER: (913) 498-2100 Overland Park (316) 660-1258 Wichita Hon. Benjamin L. Burgess [email protected] [email protected] (316) 660-5607 Wichita [email protected] Lee M. Smithyman Rachael K. Pirner (913) 661-9800 Overland Park (316) 630-8100 Wichita EXECUTIVE DIRECTOR: [email protected] [email protected] Jeffrey J. Alderman (785) 234-5696 Topeka DISTRICT 2: DISTRICT 8: [email protected] Paul T. Davis Gerald L. Green (785) 843-7674 Lawrence (620) 662-0537 Hutchinson IMMEDIATE PAST PRESIDENT: [email protected] [email protected] Linda S. Parks (316) 265-7741 Wichita Gerald R. Kuckelman DISTRICT 9: [email protected] (913) 367-2008 Atchison Hon. Kim R. Schroeder [email protected] (620) 428-6500 Hugoton KBA DELEGATE TO ABA: [email protected] Sara S. Beezley DISTRICT 3: (620) 724-4111 Girard Dennis D. Depew DISTRICT 10: [email protected] (620) 325-2626 Neodesha Vacant [email protected] KANSAS DELEGATE TO ABA: DISTRICT 11: Thomas A. Hamill DISTRICT 4: Nancy Morales Gonzalez (913) 491-5500 Overland Park William E. Muret (816) 474-6550 Kansas City, Mo. [email protected] (620) 221-7200 Winfield [email protected] [email protected] ABA DELEGATE AT LARGE: DISTRICT 12: Hon. Christel E. Marquardt DISTRICT 5: Christopher J. Masoner (785) 296-6146 Topeka Martha J. Coffman (816) 983-8264 Kansas City, Mo. [email protected] (785) 271-3105 Topeka [email protected] [email protected] YOUNG LAWYERS SECTION PRESIDENT: Scott M. Hill (316) 265-7741 Wichita [email protected] THE OURNAL of the Kansas Bar Association JJuly/August 2008 • Volume 77 • No. 7 www.ksbar.org ITEMS OF INTEREST REGULAR FEATURES 4 President’s Message 5 KBA Board of Governors Vacancy 5 Young Lawyers Section News 11 KBA Honors 18 Individuals for District 10 Seat 7 Law Students’ Corner and Pro Se Task Force for 8 Members in the News Their Service to the Legal 9 Dan’s Cartoon Profession and Community Milestones 10 Obituaries 19 25 Law Practice Management Tips & Tricks 36 Appellate Decisions 45 Appellate Practice Reminders 22 Rule of Law Conference Held at 53 Classifieds Kansas History Center 55 CLE Docket 21 KBF Recognizes Fellows 26 Thinking Ethics Cover photo by Ryan Purcell and Kansas Legal Legend Initial Interviews with Prospec- tive Clients: How to Prevent Conflicts of Interets 27 2008 Annual Meeting Task Force and Sponsors Now 1/2 Off LRS Enrollment Fee! 27 2008 Annual Meeting Sports Report www.ksbar.org 30 ESI Comes to the K.S.A.: Kansas Adopts Federal Civil Procedure Rules on 28 A Few Memories from 2008 Electronic Discovery Annual Meeting By J. Nick Badgerow 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. Catherine A. Walter, Chair Topeka Casey Law McPherson The Journal of the Kansas Bar Association is published monthly with combined issues for Anne L. Baker Topeka Michelle Reinert Mahieu Dodge City July/August and November/December for a total of 10 issues a year. Periodical Postage Hon. Monti L. Belot Wichita Hon. Tom Malone Topeka Rates paid at Topeka, Kan., and at additional mailing offices. The Journal of the Kansas Terri Savely Bezek Topeka Julene Miller 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: Boyd Byers Wichita Hon. Lawton R. Nuss Topeka (785) 234-3813. Member subscription is $25 a year, which is included in annual dues. Hon. Jerry Elliott Topeka Prof. John Peck Lake Quivira Nonmember subscription rate is $45 a year. POSTMASTER: Send address changes to J. Lyn Entrikin Goering Topeka Richard D. Ralls Kansas City, Mo. The Journal of the Kansas Bar Association, P.O. Box 1037, Topeka, KS 66601-1037. Connie Hamilton Topeka Richard H. Seaton Manhattan The Kansas Bar Association and the members of the Board of Editors assume no Mark D. Hinderks Overland Park Richard D. Smith Topeka responsibility for any opinion or statement of fact in the substantive legal articles Evan Ice Lawrence Marty M. Snyder Topeka published in The Journal of the Kansas Bar Association. Katharine J. Jackson Manhattan Diane S. Worth Wichita For advertising information contact Suzanne Green at (800) 211-1344 or e-mail Michael T. Jilka Overland Park 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. Catherine A. Walter, Board of Editors chairperson, [email protected] COPYRIGHT 2008 Kansas Bar Association, Topeka, Kan. Susan McKaskle, director of bar services, [email protected] From the President Thomas E. “Tom” Wright Influence is a Key to Success efore launching into my first column, a brief introduction board and our membership to assure that the strength and in- seems appropriate. So, hello, my name is Tom Wright. fluence of our collective voice is heard. To this end, we need to My wife and fellow life traveler for many years is Carole. restructure the way we do certain things, managing and utiliz- BWe have two children, Leslie and Doug. Leslie and her husband, ing our resources more effectively, providing a greater amount Bill, live in Kansas City with their two children, Thomas and of time to deal with serious issues. We can then restructure how Elise, with another due to arrive very soon. Doug and his wife, we communicate our message. Christy, live in Scottsdale, Ariz., with their son, Jacob. God bless I know that at a minimum we need to consider the following: them all for being self-sustaining and gainfully employed. (1) We must change the BOG meetings to an electronic After spending many years in that sideshow called “fee for ser- format. We can save more than $1,000 a year by sending our vice” law, I now work for the Kansas Corporation Commission. meeting material electronically. That also gets the information Yes, a bureaucrat. And that work is really meaningful work. But out two days earlier. We will not spend more than 30 minutes it is now much clearer to me just how brutally hard the pri- on routine reports, leaving us a block of time to discuss real vate practice of law was and is. Solving other people’s problems issues and policies. The result will be the better use of board doesn’t always make it easy to solve our own — like making members time and most likely a more engaged board. a living. As the new president of the Kansas Bar Association (2) Board minutes for the prior five years will be available at (KBA) I promise to make it all better. I’m kidding of course. meetings electronically. These records will be searchable. Many The best we can do is to provide you the service you deserve. past meetings bogged down in discussions of whether we took My predecessors directed their efforts to important issues certain actions for certain reasons five years earlier. If proposed such as discrimination, poverty, injustice, and access to justice. action is inconsistent with prior decisions we will be able to The focus was on others and for that we honor them. However, find that out quickly. we now need to take a little time to focus on ourselves. We need (3) We will consider legislative issues several weeks earlier in to assure we are fulfilling our mission, including our ability to the year. This additional time makes it possible to schedule face carry our message and influence others. to face meetings with legislators before they are booked solid. The Executive Committee of the Board of Governors (BOG) We have already scheduled a legislative conference for Oct. 15, for 2008-2009 met in Kansas City for a brainstorming/ 2008, which will feature our lawyer legislators and should draw strategic planning retreat prior to the June KBA annual a large crowd. We have commitments from Rep. Mike O’Neil, convention. chair of the House Judiciary Committee, and Sen. John Vratil, At the top of the discussion list was “influence.” How much chair of the Senate Judiciary Committee. We also already have influence does the KBA have? Is the level of influence sufficient? commitments from other lawyer legislators. The resounding opinion was, whatever degree of influence the (4) We will establish an accurate grassroots e-mail system for KBA currently enjoys, we could certainly use more.
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