THE January 2010 • Volume 79 • No. 1 The Journal 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 The Evolution of Connie S. Hamilton Topeka 24 Evan H. Ice Lawrence Commercial Mediation Katharine J. Jackson Manhattan Michael T. Jilka Overland Park in the Midwest: Lisa R. Jones Wichita Hon. Janice Miller Karlin Topeka Best Practices, Casey R. Law McPherson Confidentiality Julene L. Miller Topeka Hon. Lawton R. Nuss Topeka and Good Faith Nancy A. Ogle Wichita By Larry R. Rute Professor John C. Peck Lake Quivira Richard D. Ralls Kansas City, Mo. Teresa M. Schreffler Lawrence Richard H. Seaton Sr. Manhattan Richard D. Smith Topeka Marty M. Snyder Topeka Items of Interest Regular Features Matthew A. Spurgin Topeka 8 KBA on Facebook – Blessing 06 President’s Message Issaku Yamaashi Overland Park or Curse? Rachael K. Pirner, BOG liaison Wichita Young Lawyers Section News By John D. Jurcyk 07 13 The Diversity Corner 10 Advance Notice: Elections for 15 A Nostalgic Touch Catherine A. Walter, Chairperson 2010 KBA Officers and Board [email protected] of Governors 16 Members in the News Susan McKaskle, Communications Director [email protected] 11 2010 Kansas Bar Association 17 Law Students Corner Awards 20 Law Practice Management 14 Baby Boomers Rule! Tips & Tricks By Anne McDonald 37 Appellate Decisions OUR MISSION 17 2009 Outstanding Speakers 40 Appellate Practice Reminder Recognition 45 Classifieds The Kansas Bar Association is 18 Recognition of 2009 Journal dedicated to advancing the pro- Authors 46 CLE Docket fessionalism and legal skills of 21 Thinking Ethics: lawyers, providing services to its Conflicts and Confidentiality: members, serving the commu- nity through advocacy of public Duties When A Lawyer Changes Firms Notice: The counties comprising District policy issues, encouraging public 9 of the Kansas Bar Association Board understanding of the law, and By J. Nick Badgerow of Governors were listed incorrectly in promoting the effective admin- the November/December issue of The istration of our system of justice. 23 2010 Legislative Outlook Journal of the Kansas Bar Association. By Joseph N. Molina Please see page 10 for corrected listing. KANSAS BAR We apologize for any inconvenience. ASSOCIATION 1882 www.ksbar.org 44 Public Notice: Appointment of New Magistrate Judge www.ksbar.org The Journal of the Kansas Bar Association | January 2010 3 1882 KANSAS BAR ASSOCIATION Need clients? Need increased visibility? the KANSAS BAR ASSOCIASTIONi’S gn Up Lawyer Referral Service Join LRS online at www.ksbar.org/LRS WHY IS THE LRS GOOD FOR BUSINESS? “I participated in the KBA Lawyer Referral Service for much of the nearly 20 years that I practiced in Dodge City. During the time I was involved with the LRS, I also advertised intensively in the local telephone di- rectory. Although paid advertising and LRS referrals both generated a substantial volume of inquiries from potential new clients, I found that LRS-generated clients tended to bring more ‘solid’ legal matters and were more reliable than those who initially responded to phone book advertising.” “ e eff ectiveness in my experience of LRS referrals is demonstrated by my having sent a check to LRS for its 10 percent referral fee of nearly $54,000.” ~ Henry Goertz, Goertz Law Offi ce, Dodge City Your trusted legal source. MEETS ABA STANDARDS FOR LAWYER REFERRAL AMERICAN BAR ASSOCIATION THE RIGHT CALL FOR THE RIGHT LAWYERTM TABLE OF CONTENTS CONTINUED Article 9 Chief Justice ... serving the citizens of Kansas and the Robert E. Davis legal profession through funding chari- table and educational projects that foster the welfare, honor, and integrity of the Welcomes and legal system by improving its accessibility, equality, and uniformity, and by enhanc- Thanks Kansas ing public opinion of the role of lawyers in our society. Legal Services Kansas Law Center Awardees 1200 SW Harrison St. Topeka, Kansas 66612-1806 Telephone: (785) 234-5696 Fax: (785) 234-3813 Web site: www.ksbar.org The cover photograph is a representation of a mediation. OFFICERS Participants are (l-r) Alex Boyer, Lawrence; Rebekah Romm, Topeka; Alan V. Johnson, Sloan, Eisenbarth, Glassman, John D. Jurcyk Roeland Park McEntire & Jarboe LLC, Topeka; Larry R. Rute, Associates in Disputes Resolution LLC, Topeka; Melissa L. Ness, Connections President Unlimited Inc., Topeka; and Dawn Dawson, Associates in Disputes Resolution LLC, Topeka. James D. Oliver Overland Park President-elect Cover photograph and design by Ryan Purcell. Daniel H. Diepenbrock Liberal Secretary-Treasurer Sarah Bootes Shattuck Ashland Immediate Past President BOARD OF TRUSTEES Robert M. Collins Wichita James C. Dodge Sublette Kenneth J. Eland Hoxie Joni J. Franklin Wichita Gregory P. Goheen Kansas City, Kan. Terence E. Leibold Lawrence David K. Markham Parsons Edward J. Nazar Wichita Randall J. Pankratz Newton H. Douglas Pfalzgraf Wellington Hon. Ronnie L. Svaty Ellsworth J. Ronald Vignery Goodland Kenneth W. Wasserman Salina Hon. Evelyn Z. Wilson Topeka Scott M. Hill Wichita Young Lawyers Representative Katherine L. Kirk Lawrence Kansas Association for Justice Representative Susan G. Saidian Wichita Kansas Women Attorneys Association Representative Vaughn L. Burkholder Overland Park Kansas Association of Defense Counsel Representative Michael P. Crow Leavenworth +"! Kansas Bar Association Bookstore Representative Learning Living Law David J. Rebein Dodge City Kansas Bar Association Representative EXECUTIVE DIRECTOR Jeffrey J. Alderman Topeka MANAGER, PUBLIC SERVICES Meg Wickham Topeka For more details on what your KBA member benefi ts include, go to www.ksbar.org/prospective/index.shtml www.ksbar.org The Journal of the Kansas Bar Association | January 2010 5 FROM THE PRESIDENT TIMOTHY M.O’BRIEN Be it Resolved … awyers craft resolutions all the time. Corporate lawyers Fulfilling this resolution could be as easy as you wish: sim- draft resolutions to shape the policies of their corpo- ply think about what you can contribute and do it. Every ful- rate clients. Lawyers in the Legislature pass resolu- filled commitment aids the goal of providing adequate legal Ltions about varied subjects. Judges and lawyers work hard to representation to those who need but can’t afford our unique, bring about the resolution of disputes in court proceedings. I special and necessary services. would bet, though, that the most common resolutions law- Perhaps the best and most obvious way to contribute is to yers make, occur around the new year, so for this January col- handle a matter on a pro bono basis. While there is an oppor- umn, I thought musing about New Year’s resolutions seemed tunity cost in spending “billable” time on a pro bono matter, appropriate. there is little or no out-of-pocket expense. Not only will you I was thinking about my normal promises: eat less, get fit, learn from and feel good about your experience, but the rest stop and smell more roses, and spend better quality time with of the bar and the bench will appreciate your efforts. Some of my friends and family. But I wondered whether there was my most rewarding cases were ones I handled pro bono. something else I should be thinking about, so I looked up You don’t have to be a litigator to help. The KBA’s Project the word “resolution” in the dictionary and found that one Call-Up has been providing estate planning and other services definition is the act of breaking down a complex idea into to members of the armed forces for several years. Transaction- simpler ones. al lawyers can provide incorporation and other legal services This prompted me to think about some complex issues fac- to nonprofits. The KBA will match lawyers seeking to provide ing the legal profession today, and it didn’t take too long be- free legal services with those groups that need help. fore I came up with one where I could help and so can you: Creativity in providing legal services can also pay extra divi- Providing legal representation to all who need meaningful ac- dends. My former law partner, Gene Balloun, found a way to cess to justice. help children and parents. For years, Gene and other lawyers Kansas Legal Services (KLS), public defender offices, and in his firm have provided pro bono services for parents adopt- other similar organizations are all underfunded and under- ing foster children. (In October, I wrote about the beauty of staffed. Convincing the legislative branch, both federal and naturalization ceremonies in federal court. In state court, an state, that more money should be appropriated to defend equivalent may be adoption proceedings. They are joyous and those accused of crimes or for other financially disadvantaged happy occasions, which seal the legal bond between parents people seeking counsel is always a challenge. Yet in Gideon v. and children. I encourage you to represent adoptive parents.) Wainwright 372 U.S. 335, the U.S. Supreme Court recog- The beauty of the plan is that the State of Kansas reimburses nized the necessity of providing legal services to those whose legal fees, which Gene and Shook Hardy & Bacon donate liberty was being threatened, a principle which holds truer to provide college scholarships for foster children. They than ever almost 50 years later. have provided more than 150 scholarships worth more than The concept of “civil Gideon” is a fairly recent development $220,000. Gene would be delighted to help you start a similar that appears to be gaining momentum around the country. If program. you are unfamiliar with this term, it is the idea that certain Another simple and easy way to help is by contributing civil cases are so important that society owes an obligation money to the Kansas Bar Foundation (KBF), KLS, or other to provide counsel for litigants who can’t afford an attorney.