24 | Pardon Me, May I . ? Consent Searches in Kansas By Colin D. Wood Cover layout & design by Ryan Purcell, [email protected] 10 | The KBA and KBF: Working Together 20 | The Svobodas of Lawrence By Kathy Kirk One Family’s Convergence of Fate, History, and Heroism 10 | Mock Trial Provides a Unique Learning By Matthew D. Keenan Opportunity for Kansas Students 23 | 2014 Outstanding Speaker Recognition 12 | A Stigma Within Our Profession Regular Features 6 | KBA President 18 | Law Students’ Corner By Dennis D. Depew By Jake McMillian 8 | YLS President 19 | Members in the News By Jeffrey W. Gettler 19 | Obituaries 9 | The Diversity Corner By Jacqlene Nance 31 | Appellate Decisions 15 | Law Practice Management Tips & Tricks 32 | Appellate Practice Reminders By Larry N. Zimmerman 38 | Classified Advertisements 16 | Substance & Style By Chelsi Hayden E Let your VOICE be TH 2013-14 Heard! KBA Officers & Board of Governors President JOURNAL Dennis D. Depew, [email protected] OF THE KANSAS BAR ASSOCIATION President-Elect Gerald L. Green, [email protected] Vice President 2013-14 Natalie Haag, [email protected] Journal Board of Editors Secretary-Treasurer Stephen N. Six, [email protected] Richard D. Ralls, chair, [email protected] Terri Savely Bezek, BOG liaison, [email protected] Immediate Past President Lee M. Smithyman, [email protected] Joan M. Bowen, [email protected] Hon. David E. Bruns, [email protected] Young Lawyers Section President Jeffrey W. Gettler, [email protected] Boyd A. Byers, [email protected] District 1 Toby J. Crouse, [email protected] Toby J. Crouse, [email protected] Emily Grant, [email protected] Gregory P. Goheen, [email protected] Connie S. Hamilton, [email protected] Mira Mdivani, [email protected] Katharine J. Jackson, [email protected] Jennifer K. Vath, [email protected] Michael T. Jilka, [email protected] District 2 Lisa R. Jones, [email protected] Charles E. Branson, [email protected] Hon. Sally D. Pokorny, [email protected] Hon. Janice Miller Karlin, [email protected] Casey R. Law, [email protected] District 3 Eric L. Rosenblad, [email protected] Julene L. Miller, [email protected] District 4 Hon. Robert E. Nugent, [email protected] Brian L. Williams, [email protected] Professor John C. Peck, [email protected] District 5 Rachael K. Pirner, [email protected] Terri S. Bezek, [email protected] Karen Renwick, [email protected] Cheryl L. Whelan, [email protected] Teresa M. Schreffler, [email protected] District 6 Richard H. Seaton Sr., [email protected] Bruce W. Kent, [email protected] Sarah B. Shattuck, [email protected] District 7 Richard D. Smith, [email protected] Matthew C. Hesse, [email protected] Marty M. Snyder, [email protected] J. Michael Kennalley, [email protected] Calvin D. Rider, [email protected] Matthew A. Spurgin, [email protected] Catherine A. Walter, [email protected] District 8 John B. Swearer, [email protected] Beth A. Warrington, staff liaison, [email protected] Issaku Yamaashi, [email protected] District 9 David J. Rebein, [email protected] The Journal Board of Editors is responsible for the selection and editing of District 10 all substantive legal articles that appear in The Journal of the Kansas Bar Jeffery A. Mason, [email protected] Association. The board reviews all article submissions during its quarterly District 11 meetings (January, April, July, and October). If an attorney would like to Nancy Morales Gonzalez, [email protected] submit an article for consideration, please send a draft or outline to Beth Warrington, communication services director, at [email protected]. District 12 William E. Quick, [email protected] At-Large Governor The Journal of the Kansas Bar Association (ISSN 0022-8486) is published Christi L. Bright, [email protected] monthly with combined issues for July/August and November/December for a total of 10 issues a year. Periodical Postage Rates paid at Topeka, Kan., KDJA Representative and at additional mailing offices. The Journal of the Kansas Bar Association Hon. Thomas E. Foster, [email protected] is published by the Kansas Bar Association, 1200 SW Harrison St., Topeka, KBA Delegate to ABA KS 66612-1806; Phone: (785) 234-5696; Fax: (785) 234-3813. Member Linda S. Parks, [email protected] subscription is $25 a year, which is included in annual dues. Nonmember Rachael K. Pirner, [email protected] subscription rate is $45 a year. ABA Board of Governors The Kansas Bar Association and the members of the Board of Editors assume Thomas A. Hamill, [email protected] 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. Hon. Christel E. Marquardt, [email protected] Copyright © 2014 Kansas Bar Association, Topeka, Kan. Executive Director For display advertising information contact Bill Spillman at (877) 878-3260 Jordan E. Yochim, [email protected] or email [email protected]. For classified advertising information contact Beth Warrington at (785) 234- OUR MISSION 5696 or email [email protected]. Publication of advertisements is not to be deemed an endorsement of any The Kansas Bar Association is dedicated to advancing the professionalism product or service advertised unless otherwise indicated. and legal skills of lawyers, providing services to its members, serving the community through advocacy of public policy issues, encouraging public POSTMASTER: Send address changes to The Journal of the Kansas Bar understanding of the law, and promoting the effective administration of Association, 1200 SW Harrison St., Topeka, KS 66612-1806. our system of justice. 4 The Journal of the Kansas Bar Association KBA Solo and Small Firm Conference May 9-10, 2014 • Hilton Garden Inn Conference Center • Manhattan, Kan. REGISTER ONLINE http://www.ksbar.org/event/2014SoloandSmall JOIN US FOR . • Conference Programs and Plenaries Sessions will cover topics, such as The Future of Law Practice, The Secrets of Client Satisfaction, Document Assembly, 50 tips in 50 minutes, Tips and Tools for Research on Casemaker, and Storyboarding at Trial. Breakout sessions will include substantive law updates on areas, such as Family Law, Criminal Law, and Immigration Law, just to name a few! (Earn up to 12 hours of CLE) • Taste of Manhattan Pre-Conference Dinner For those who arrive at the conference on Thursday and want to relax and enjoy dinner with their colleagues. (Not included in registration fee) • Welcome Reception Meet and greet our special guest presenter Jim Calloway and enjoy a social hour with your colleagues and vendors. • Networking Lunch Grab a bite to eat before heading off to your next CLE program. • Tech Solutions Room Have questions about how to create an electronic email signature? Or maybe you want to know how to do something on your new tech device. Stop by the tech solutions room and we can provide answers. Jim Calloway is the Director of the Oklahoma Bar Association Management Assistance Program. He received his Juris Doctorate from the University of Oklahoma, where he was named to the Oklahoma Law Review. He publishes the award-winning law blog Jim Calloway’s Law Practice Tips at http://jimcalloway.typepad.com and has served as co-author of three American Bar Association books on law practice management, How Good Lawyers Survive Bad Times (with Ross Kodner and Sharon Nelson) and Winning Alternatives to the Billable Hour: Strategies That Work, Second and Third Editions (with Mark Robertson). Calloway is a member of the American Bar Association. He is an active member of the ABA Law Practice Management Section, has served on numerous section committees and previously served for six years on the ABA LPM Section Council. He is a member of the LPM Section’s Law Practice Magazine editorial board. He is also an active member of the ABA’s General Practice, Solo and Small Firm Division, where he serves on the Technology Committee and Technology & Practice Guide Editorial Board. Calloway has made hundreds of presentations on law office management, legal technology, ethics and legal business operations and has been inducted as a Fellow of the College of Law Practice Management. Before taking his present position with the OBA, he was in private practice for approximately 16 years in south Oklahoma City and Norman, Okla. He is a former president of the Cleveland County (Oklahoma) Bar Association. A Special Thanks to Our Platinum Sponsor kba president In Defense of Court Reporters s I write this column, there is a move afoot in the Kan- and a ruling from the judge on the objection. Four sas House to begin the process of eliminating court people are talking at once. How is an electronic re- Areporters in the courtrooms of Kansas. In times when cording system possibly going to sort out who is say- there constantly seem to be more needs than money, proposals ing what? With a court reporter present, he or she like this, which a few years ago would have been unthinkable, can bring the proceedings to a halt and take the time now seem to be gaining traction. The Kansas Supreme Court’s to clarify what each of the four people speaking at the own Blue Ribbon Commission and its more recent Court same time said. Budget Advisory Council have both broached this topic as well in recent years as a potential cost savings idea. 2. A hearing begins and continues until the morning I remember as a child going to court with my dad from time break. As the court breaks, the judge notices that the to time during the summer months when school was not in high tech digital recording system didn’t get turned session. It was always fun and, at times, very entertaining. I got on, didn’t have sufficient disc space to record every- to meet all sorts of interesting people, including other lawyers, thing, or didn’t work for some other reason.