The Journal THE Board of Editors OURNAL of the KANSAS BAR ASSOCIATION Your Partner in the Profession • www.ksbar.org Catherine A. Walter, Chair Topeka Terri Savely Bezek Topeka J Boyd A. Byers Wichita Toby J. Crouse Overland Park Focus Hon. Jerry G. Elliott Topeka Professor J. Lyn Entrikin Goering Topeka Connie S. Hamilton Topeka Reflections on Evan H. Ice Lawrence 24 Katharine J. Jackson Manhattan Lincoln’s Kansas Michael T. Jilka Overland Park Lisa R. Jones Wichita Campaign Hon. Janice Miller Karlin Topeka By James P. Muehleberger Casey R. Law McPherson Julene L. Miller Topeka 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 Richard H. Seaton Sr. Manhattan Items of Interest Regular Features Richard D. Smith Topeka Marty M. Snyder Topeka 9 Why Don’t We All Get Along 06 President’s Message Matthew A. Spurgin Topeka By John D. Jurcyk Issaku Yamaashi Overland Park 07 Young Lawyers Section News Rachael K. Pirner, BOG liaison Wichita Advance Notice: Elections 10 Law Students Corner for 2010 KBA Officers and 12 Board of Governors 13 The Diversity Corner Catherine A. Walter, Chairperson 11 Membership Spotlight: The KBA, 16 Members in the News [email protected] Your Personal Connection Susan McKaskle, Communications Director 16 “Dan’s Cartoon” [email protected] 18 Welcome Fall 2009 Admittees to the Kansas Bar 17 Obituaries 19 Deadline to Submit 2010 IOLTA 21 Law Practice Management Grant Applications is Dec. 31 Tips & Tricks 40 Appellate Decisions OUR MISSION 20 Kansas Judicial Council Report: Proposed Amendments to Appellate Practice Reminder Time-Computation Methods in 46 K.S.A. 60-206 53 Classifieds The Kansas Bar Association is By Nancy J Strouse dedicated to advancing the pro- 54 CLE Docket fessionalism and legal skills of 22 New Title Standards Questions lawyers, providing services to its Answered members, serving the commu- nity through advocacy of public 38 Amendment to Rule 140 Under policy issues, encouraging public Consideration understanding of the law, and promoting the effective admin- 39 Notice of Amendment of Local istration of our system of justice. Rules of Practice of the United States District Court KANSAS BAR ASSOCIATION 1882 www.ksbar.org www.ksbar.org The Journal of the Kansas Bar Association | November/December 2009 3 TABLE OF CONTENTS CONTINUED Article 14 Great Bend Opened ... serving the citizens of Kansas and the Its Arms to Vietnam legal profession through funding chari- table and educational projects that foster the welfare, honor, and integrity of the Refugees legal system by improving its accessibility, By Mathew Keenan equality, and uniformity, and by enhanc- ing public opinion of the role of lawyers in our society. Kansas Law Center 1200 SW Harrison St. Topeka, Kansas 66612-1806 Telephone: (785) 234-5696 Fax: (785) 234-3813 Web site: www.ksbar.org Cover photograph by Susan McKaskle. Cover design by Ryan Purcell. Kansas territory map from www.KansasMemory.org, Kansas State Historical Society. OFFICERS John D. Jurcyk Roeland Park President James D. Oliver Overland Park President-elect Daniel H. Diepenbrock Liberal Secretary-Treasurer Sarah Bootes Shattuck Ashland Immediate Past President BOARD OF TRUSTEES KBA Fee Dispute Resolution Committee Robert M. Collins Wichita James C. Dodge Sublette Kenneth J. Eland Hoxie Joni J. Franklin Wichita Gregory P. Goheen Kansas City, Kan. in Need of Volunteer Arbitrators/Mediators Terence E. Leibold Lawrence David K. Markham Parsons Edward J. Nazar Wichita You may be aware that the Kansas Bar Association maintains a statewide Fee Dispute Randall J. Pankratz Newton H. Douglas Pfalzgraf Wellington Resolution Committee. The Committee is made up of attorneys who are KBA Hon. Ronnie L. Svaty Ellsworth members who represent a broad spectrum of the Bar, both in type of practice and type J. Ronald Vignery Goodland Kenneth W. Wasserman Salina of law firm, as well as office location, who volunteer to serve on confidential arbitration Hon. Evelyn Z. Wilson Topeka panels to resolve fee disputes between clients and their lawyers. Scott M. Hill Wichita Young Lawyers Representative Katherine L. Kirk Lawrence Presently, we are in desperate need of additional arbitrators and are contacting all Kansas Association for Justice Representative certified mediators and arbitrators in the state to solicit interest in this important Susan G. Saidian Wichita public service. Kansas Women Attorneys Association Representative Vaughn L. Burkholder Overland Park Kansas Association of Defense Attorneys who agree to participate in such proceedings appreciate its value as the Counsel Representative majority of most claims are adjudicated amicably without escalating to the point of a Michael P. Crow Leavenworth Kansas Bar Association formal complaint being made with the Disciplinary Administrator. Representative David J. Rebein Dodge City Kansas Bar Association Volunteer mediators are eligible for travel reimbursement and we also plan to offer Representative complimentary mediation training next spring to all participants. EXECUTIVE DIRECTOR Jeffrey J. Alderman Topeka If you are interested in joining the Fee Dispute Resolution Committee, please e-mail MANAGER, PUBLIC SERVICES the KBA Executive Director, Jeffrey Alderman, at [email protected] or call him at Meg Wickham Topeka (785) 234-5696. www.ksbar.org The Journal of the Kansas Bar Association | November/December 2009 5 FROM THE PRESIDENT TIMOTHY M. O’BRIEN Advocation on Behalf of the Entire Legal Profession ember benefits attract people interested in joining Molina provides day-to-day oversight of the legislative pro- bar associations. Many of the benefits of belong- cess and passes information on proposed legislation to mem- ing to the Kansas Bar Association (KBA) are well- bers of our committee while helping facilitate their work. Mknown, including our free electronic research tool Casemaker, Damron also tracks bills of interest and provides access to the the Journal of the Kansas Bar Association, attending the an- important decision-makers in the Legislature. Damron, a law- nual meeting, first-rate CLEs, and outstanding practitioner yer and KBA member, has been a lobbyist for more than 20 handbooks, among many others. What is more difficult to years and is widely recognized as one of the leading voices in articulate, but extremely vital is the benefit that you receive Topeka. from other less visible and tangible efforts. One of the most Last year, under the leadership of former KBA President important of which is the work taken on by the KBA’s Legisla- Tom Wright, the KBA organized the KSBAR Political Action tive Committee as they advocate on behalf of all lawyers, not Committee (PAC), which is led by a Board of Directors that just KBA members. has members from each political party. Wright and many oth- Historically, the Legislative Committee has been one of ers believed the time had come for Kansas lawyers to organize the most active and influential committees of the KBA. It is to effectively lobby the Legislature about matters of common charged with two main responsibilities: (1) to consider legis- concern and interest. Of course, the PAC needs funding for lative positions and make recommendations to the Board of success. Once that can be achieved, these efforts should make Governors (Board) on new bills; and (2) to endeavor to secure Molina’s and Damron’s jobs much easier and allow us to ob- enactment of legislation approved by the Board. These are two tain much needed influence among key legislators. very different missions and require different skill sets and tal- All of this begs the question about what actually is accom- ents. The committee has accomplished those responsibilities plished by the committee. A lot, rest assured. admirably over the years. Last year, the committee spent countless hours fighting at- The first charge is to study and make recommendations tempts to change the way our appellate judges are selected. about legislation. Our committee, led this year by Greg Musil, Our Bar will continue to maintain its efforts to keep the ju- has a very diverse membership including judges and corporate diciary at its highest levels independent from the political counsel, as well as liaisons to many of our substantive sections. whims of the day. This year promises yet more attempts to Members of the committee must stay abreast of pending legis- change the system that works so well in Kansas. lation, especially those coming within their areas of expertise. The KBA is also vigilant about attempts to tax lawyer ser- We encourage all KBA members to help us monitor proposed vices and those of other professionals. Given the continuing bills. Due to the ever-changing nature of legislation during budget crisis, this is likely to come up again. The committee the Legislature’s session, the committee must be nimble and will continue to oppose these and other types of taxes. able to respond quickly. Recommendations are made to the The committee also deals with various issues that perenni- Board and those recommendations are then acted upon. ally seem to crop up in the Legislature: Loser pay rules, revi- After which, the focus shifts to securing the enactment of sions to the probate and corporation codes, sentencing and the legislation or opposing it. Members of the committee ei- other criminal issues, changes in subrogation rules, and other ther testify when requested or find those who can. That tes- court-user fees. timony is invaluable in our attempts to educate a Legislature As noted above, much of the work is done by lawyer volun- that seems to have fewer and fewer lawyers every year. The teers though some of our efforts require money. Being a KBA testimony, however, is only part of the process. member and contributing to the PAC helps pay for this work. The KBA must also undertake efforts to lobby support for I wish that more lawyers who aren’t members would realize their positions.