THE April 2011 • Volume 80 • No. 4 The Journal Board of Editors OURNAL of the KANSAS BAR ASSOCIATION Your Partner in the Profession • www.ksbar.org Catherine A. Walter, Chair Topeka Aïda Marie Alaka Topeka J Terri Savely Bezek Topeka Hon. David E. Bruns Topeka Focus Boyd A. Byers Wichita Toby J. Crouse Overland Park Adult Entertainment Connie S. Hamilton Topeka 30 Evan H. Ice Lawrence and Zoning: A Starting Katharine J. Jackson Manhattan Michael T. Jilka Overland Park Point for Adopting or Lisa R. Jones Wichita Hon. Janice Miller Karlin Topeka Updating Adult Casey R. Law McPherson Julene L. Miller Topeka Hon. Robert E. Nugent Wichita Business Ordinances Nancy A. Ogle Wichita By Teresa L. Watson 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 Sarah B. Shattuck Ashland 07 Executive Director’s Notes 06 President’s Message Richard D. Smith Topeka KBA Headquarters a True Treasure Marty M. Snyder Topeka 09 Young Lawyers Section News Matthew A. Spurgin Topeka Issaku Yamaashi Overland Park 08 Best-Selling Author to 16 Law Students’ Corner Rachael K. Pirner, BOG liaison Wichita Deliver Keynote 20 Members in the News 10 Changing Lives 20 Obituaries Catherine A. Walter, Chairperson [email protected] 11 Attorneys Doing Good Things 22 Law Practice Management Beth Warrington, Communications Manager Tips & Tricks [email protected] 12 2011 KBA Officers and Board of Governors Elections 40 Appellate Decisions 17 Thinking Ethics: Tapping the 41 Appellate Practice Reminder Social Network 48 Classifieds OUR MISSION 18 Kansas Paralegals: A Proposed Voluntary Certification Plan 50 CLE Docket 23 KBA Celebrates Constitution Day The Kansas Bar Association is dedicated to advancing the pro- 43 Reminders from the Kansas CLE fessionalism and legal skills of Commission ... lawyers, providing services to its members, serving the commu- nity through advocacy of public policy issues, encouraging public understanding of the law, and promoting the effective admin- istration of our system of justice. www.ksbar.org The Journal of the Kansas Bar Association | April 2011 3 TABLE OF CONTENTS CON'T. Article ... serving the citizens of Kansas and the legal profession through funding chari- 24 table and educational projects that foster Implementing the the welfare, honor, and integrity of the legal system by improving its accessibility, equality, and uniformity, and by enhanc- Estate and Gift Tax ing public opinion of the role of lawyers in our society. Changes Before Kansas Law Center 1200 SW Harrison 2013’s Sunset Topeka, Kansas 66612-1806 Telephone: (785) 234-5696 By Susan A. Berson Fax: (785) 234-3813 Website: www.ksbar.org OFFICERS James D. Oliver Overland Park President [email protected] Daniel H. Diepenbrock Liberal Cover layout & design by Ryan Purcell President-elect [email protected] [email protected] Joni J. Franklin Wichita Secretary-Treasurer [email protected] John D. Jurcyk Roeland Park Immediate Past President [email protected] BOARD OF TRUSTEES James C. Dodge Sublette Holly Dyer Wichita Kenneth J Eland Hoxie Gregory P. Goheen Kansas City, Kan. Terence E. Leibold Lawrence David K. Markham Parsons Amy E. Morgan Overland Park David H. Moses Wichita Edward J. Nazar Wichita Randall J. Pankratz Wellington H. Douglas Pfalzgraf Newton Hon. Ronnie L. Svaty Ellsworth J. Ronald Vignery Goodland Kenneth W. Wasserman Salina Hon. Evelyn Z. Wilson Topeka Jennifer M. Hill Wichita Young Lawyers Representative Katherine L. Kirk Lawrence Kansas Association for Justice Representative Susan G. Saidian Wichita Kansas Women Attorneys Association Representative William L. Townsley III Wichita Kansas Association of Defense Counsel Representative Laura L. Ice Wichita Kansas Bar Association Representative Bruce W. Kent Manhattan Kansas Bar Association Representative David J. Rebein Dodge City Kansas Bar Association Representative EXECUTIVE DIRECTOR Jeffrey J. Alderman Topeka [email protected] MANAGER, PUBLIC SERVICES Kelsey Schrempp Topeka [email protected] www.ksbar.org The Journal of the Kansas Bar Association | April 2011 5 From the President Glenn R. Braun That Thing You Do hen was the last time you contemplated why you from the Kansas Supreme Court, the following phrases ap- became a lawyer? Was it after a particularly tough pear: “... that he will neither delay nor deny any man his right day, a negative verdict, harsh words from a judge, through malice, for lucre, or from any unworthy desire; that Wopposing counsel that was beyond difficult, or the client that he will not knowingly foster or promote, or give his assent to simply could not be pleased? I have had all of those kinds of any fraudulent, groundless, or unjust suit; that he will neither days plus a host of others that made me question my choice do, nor consent to the doing of, any falsehood in court and of career. Recently, an old song came on the radio that got that he will discharge his duties as an attorney and counselor me thinking about this decision to be a lawyer. The song was of the Supreme and inferior courts of the State of Kansas with “That Thing You Do,” which was also the title of a movie pro- fidelity both to the court and to his cause and to the best of his duced by Tom Hanks about a band called The Wonders. The knowledge and ability ...” The financial rewards of practicing movie and the song had nothing to do with the law but the law can be substantial and the opportunities to exercise influ- title made me wonder why attorneys do the things (practice ence and power and achieve public recognition are numerous, law) they do. but the lawyers I have come to know and admire were not Some people become lawyers because of the opportunity to driven by these goals. The best lawyers have a higher purpose make a good living, others use it as a gateway to a political ca- and feel a sense of pride and honor in the duty to help others. reer, some may desire to become the next Perry Mason, and a For an example of a lawyer who carried out his duty to help few want the others, we need ability to ex- ... that he will neither delay nor deny any man his right through malice, look no further ercise power for lucre, or from any unworthy desire; that he will not knowingly foster than U.S. Dis- over others. or promote, or give his assent to any fraudulent, groundless, or unjust trict Judge John We all know suit; that he will neither do, nor consent to the doing of, any falsehood in M. Roll. During lawyers who court and that he will discharge his duties as an attorney and counselor the tragic events were moti- “of the Supreme and inferior courts of the State of Kansas with fidelity that occurred vated by one both to the court and to his cause and to the best of his knowledge and last month in or more of ability ... Tucson, Ariz., those rea- Judge Roll placed sons. Recent- himself in harm’s ly, I attended the ABA midyear meeting, which gave me the way, at the cost of his own life, to protect others. While the opportunity to associate with attorneys from across our coun- insanity of these events touched and shocked our nation, the try. We shared experiences and discussed common problems. actions of this courageous jurist came” as no surprise. His ac- During these conversations, it was remarkable how often the tions were an extension of his life as a lawyer and judge, and talk turned to how each of us ended up in law school and en- were part of his calling. gaged in this profession. While each story was unique, there When I receive emails attacking lawyers and placing blame seemed to be a common thread; I realized that the major- for most of society’s ills on our shoulders, I remind the authors ity of lawyers entered the profession for the joy of helping that of the 56 original signers of the Declaration of Indepen- people solve problems. The satisfaction of helping others was dence, 24 were lawyers, far more than any other single oc- the driving force in choosing a career path, whether it took cupation. If the Revolution had failed, that document served the form of defending a criminal case, putting together a real as a death sentence for those that signed. What an incredible estate deal, serving as a guardian ad litem for an abused or example of courage and of the duty of lawyers to serve oth- neglected child, or crafting an estate plan. ers. To a large extent, this nation was founded by lawyers and It has often been said that no higher purpose exists than we should take pride in that fact. What does all this mean? to help your fellow man. The word “vocation” comes from The next time you wonder why you do that thing you do, the Latin “vocare,” which means “to call.” Therefore, I like maybe this column will provide some assistance in finding the to think that all of us were called to be lawyers, that it was a answer. n solemn undertaking. If you take the time to read your license KBA President Glenn Braun may be reached by email at [email protected], by phone at (785) 625-6919, or by posting a note on our Facebook page at www.facebook.com/ksbar. 6 April 2011 | The Journal of the Kansas Bar Association www.ksbar.org Executive Director’s Notes Jeffrey Alderman KBA Headquarters a True Treasure ome of my loyal readers (do I have any?) may remember that I have previously written about the construction project at our home at the Kansas Law Center.