Fitted for the Wind an Overview of the Law of Negligence in Kansas
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Your Partner in the Profession | June 2017 • Vol. 86 • No. 6 Fitted for the Wind by Frank Stevenson P7 An Overview of the Law of Negligence in Kansas by Ryan Hodge P14 Proud Member Benefit Provider Pay Invoice PCI Compliant Invoice Payment Cook Brooks Payment Detail Johnson PLLC Amount to Pay* EST Cook Brooks Johnson Amount to Pay 123 Main St. Invoice Number 75% City, State 23451 Phone: (123) 345-4751 Invoice Number Email: [email protected] Matter Number 55% Web: www.cbjlawfirm.com Matter Number 47% Cardholder Information 35% Name Name Pay Invoice Month Year 2010 2013 2016 2 019 Simple online payments No swipe required No equipment needed The proven payment solution for lawyers. Managing payments and growing revenue for over 35,000 law firms in the US, LawPay is the only solution recognized by the ABA. Designed specifically for the legal industry, LawPay guarantees Trust Account complete separation of earned and unearned fees, giving you the Compliant confidence and peace of mind your credit card transactions are handled the right way. LawPay.com/KSBar | 866.376.0950 TRUST OPERATING LawPay is a registered ISO of Merrick Bank, South Jordan UT. Proud Member Benefit Provider Pay Invoice PCI Compliant 14 | An Overview of the Law of Negligence in Kansas Invoice Payment By Ryan Hodge Cook Brooks Payment Detail Johnson PLLC Amount to Pay* EST Cook Brooks Johnson Amount to Pay 123 Main St. 75% Invoice Number City, State 23451 Cover design by Ryan Purcell Phone: (123) 345-4751 Invoice Number Email: [email protected] Matter Number 55% Web: www.cbjlawfirm.com Matter Number 7 | Fitted for the Wind 26 | Upcoming CLE Schedule 47% Cardholder Information A Column from the President of the Texas Bar By Frank Stevenson 46 | Cleaning Out the Clutter: 35% Name What Can I Do with All These Old Files? Name Pay Invoice 13 | A Mindful Moment By Sara Rust-Martin Month Year By Janet Thompson Jackson 2010 2013 2016 2 019 Regular Features 6 | KBA Executive Director 38 | KBF Simple online payments No swipe required No equipment needed An Introduction to the Guest Columnist Can You Give Us Five? ...............Todd N Thompson By Jordan Yochim 41 | Members in the News 8 | YLS President The proven payment solution for lawyers. Pulling Tassels.... ....................... Nathan P. Eberline 42 | Obituaries 9 | Law Practice Management Tips & Tricks 43 | Substance and Style Managing payments and growing revenue for over 35,000 law Disciplinary Investigations ... Larry N. Zimmerman A Brief on Summary Judgment for New Lawyers By Mary L. Matthews and Monique M. McElwee firms in the US, LawPay is the only solution recognized by the ABA. 28 | The Diversity Corner Designed specifically for the legal industry, LawPay guarantees Finding Inclusion and Community Engagement 50 | Appellate Decisions through Earl O'Connor Inn of Court complete separation of earned and unearned fees, giving you the Trust Account 56 | Appellate Practice Reminders Compliant By Danielle Atchison Annual Attorney Registration for 2017-2018 confidence and peace of mind your credit card transactions are 34 | KALAP By Douglas T. Shima handled the right way. How Big is Your "We"? ................. Anne McDonald 58 | Classified Advertisements 36 | Law Students' Corner What's so GREat about the LSAT ........ Joe Uhlman LawPay.com/KSBar | 866.376.0950 TRUST OPERATING www.ksbar.org | June 2017 3 LawPay is a registered ISO of Merrick Bank, South Jordan UT. E Let your VOICE TH 2016-17 be Heard! KBA Officers & Board of Governors JOURNAL President OF THE KANSAS BAR ASSOCIATION Stephen N. Six, [email protected] President-elect 2016-17 Greg Goheen, [email protected] Journal Board of Editors Vice President Bruce W. Kent, [email protected] Emily Grant, chair, [email protected] Secretary-Treasurer Mira Mdivani, [email protected] Terri Savely, BOG liaison, [email protected] Sarah G. Briley, [email protected] Immediate Past President Natalie G. Haag, [email protected] Hon. David E. Bruns, [email protected] Richard L. Budden, [email protected] Young Lawyers Section President Nathan Eberline [email protected] Boyd A. Byers, [email protected] Jennifer Cocking, [email protected] District 1 Mark A. Dupree, [email protected] Connie S. Hamilton, [email protected] Toby J. Crouse, [email protected] Michael T. Jilka, [email protected] Christi L. Bright, [email protected] Lisa R. Jones, [email protected] Diana Toman, [email protected] Hon. Janice Miller Karlin, [email protected] District 2 Casey R. Law, [email protected] Sarah E. Warner, [email protected] Hon. Robert E. Nugent, [email protected] Hon. Sally D. Pokorny, [email protected] Professor John C. Peck, [email protected] District 3 Rachael K. Pirner, [email protected] Eric L. Rosenblad, [email protected] Richard D. Ralls, [email protected] District 4 Karen Renwick, [email protected] Brian L. Williams, [email protected] Teresa M. Schreffler, [email protected] District 5 Richard H. Seaton Sr., [email protected] Cheryl L. Whelan, [email protected] Terri Savely, [email protected] Sarah B. Shattuck, [email protected] Vincent Cox, [email protected] Richard D. Smith, [email protected] District 6 Marty M. Snyder, [email protected] Tish S. Morrical, [email protected] Patti Van Slyke, journal editor, [email protected] District 7 Catherine A. Walter, [email protected] Gary L. Ayers, [email protected] Meg Wickham, staff liaison, [email protected] Sylvia Penner, [email protected] Issaku Yamaashi, [email protected] Hon. Jeffrey E. Goering, [email protected] Natalie Yoza, [email protected] District 8 John B. Swearer, [email protected] The Journal Board of Editors is responsible for the selection and editing of all District 9 substantive legal articles that appear in The Journal of the Kansas Bar Associa- Aaron Kite, [email protected] tion. The board reviews all article submissions during its quarterly meetings District 10 (January, April, July, and October). If an attorney would like to submit an article Gregory A. Schwartz, [email protected] for consideration, please send a draft or outline to Patti Van Slyke, Journal Edi- tor at [email protected]. District 11 Nancy Morales Gonzalez, [email protected] Ryan Purcell, graphic designer, [email protected] District 12 William E. Quick, [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 Bruce A. Ney, [email protected] total of 10 issues a year. Periodical Postage Rates paid at Topeka, Kan., and at additional mailing offices. The Journal of the Kansas Bar Association is published KDJA Representative by the Kansas Bar Association, 1200 SW Harrison St., Topeka, KS 66612-1806; Hon. Patty Macke Dick, [email protected] Phone: (785) 234-5696; Fax: (785) 234-3813. Member subscription is $25 a year, KBA Delegate to ABA which is included in annual dues. Nonmember subscription rate is $45 a year. Rachael K. Pirner, [email protected] Hon. Christel E. Marquardt, [email protected] The Kansas Bar Association and the members of the Board of Editors assume no responsibility for any opinion or statement of fact in the substantive ABA State Delegate legal articles published in The Journal of the Kansas Bar Association. Linda S. Parks, [email protected] Copyright © 2017 Kansas Bar Association, Topeka, Kan. ABA YLD Delegate Joslyn Kusiak, [email protected] For display advertising information contact Patti Van Slyke at (785) 234-5696 or email [email protected]. Executive Director Jordan Yochim, [email protected] For classified advertising information contact Patti Van Slyke at (785) 234-5696 or email [email protected]. OUR MISSION Publication of advertisements is not to be deemed an endorsement of any product or service advertised unless otherwise indicated. TheKansas Bar Association is dedicated to advancing the professionalism and legal skills of lawyers, providing services to its members, serving the community POSTMASTER: Send address changes to The Journal of the Kansas Bar through advocacy of public policy issues, encouraging public understanding of Association, 1200 SW Harrison St., Topeka, KS 66612-1806. the law, and promoting the effective administration of our system of justice. 4 The Journal of the Kansas Bar Association www.ksbar.org | June 2017 5 kba executive director riting about the legislature—or more accurately, about leg- islating—without getting into politics may be difficult, but here goes: the Kansas Legislature is experiencing a dearth of Wlawyers. Those who are serving certainly work hard for their constitu- ents and our state, but even they will tell you they could use some help. For instance, this year the senate judiciary committee has no mem- bers who are licensed attorneys. That’s because there are no licensed attorneys serving in the senate. The lack of lawyers in the senate even forced the legislature to pass a new law, House Sub. for SB 50, which allows the senate president or the speaker of the house to appoint the revisor of statutes or the revisor’s designee to attend special advisory committee meetings should no licensed attorney be elected to their chamber. This phenomenon isn’t limited to states with small populations and hence small bars. Texas, the second largest state in the union—and the third largest bar in the country—is experiencing the same issue. I recently had the opportunity to hear President of the State Bar of Texas Frank Stevenson speak at a national conference. He spoke eloquently of the need for lawyers to re-enter the public sphere, to run for office. After his presentation, we chatted, and he graciously arranged for the KBA to reprint a president’s column he wrote for the Texas Bar Jour- nal—a piece that speaks to all attorneys, calling them back to public service.