Your Partner in the Profession | March 2017 • Vol. 86 • No. 3 Death Can Bring Out the Worst in Us: The Evolving Landscape of Will Contest Litigation in Kansas P18 Portraits in Justice: A Pictoral History of the Leavenworth Judiciary P38 Unfairly Maligned: Myths Surrounding the Kansas Civil Asset Forfeiture Debate P44 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. 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Eberline 31 | Obituaries firms in the US, LawPay is the only solution recognized by the ABA. 14 | Law Practice Management Tips & Tricks 36 | The Diversity Corner Net Neutrality....By Larry N. Zimmerman Designed specifically for the legal industry, LawPay guarantees Warning: Contents May Settle.... Trust Account By Lanna Allen and complete separation of earned and unearned fees, giving you the 15 | A Nostalgic Touch Joe Mastrosimone Compliant Reflections on Gordon Lowry and a Place Called confidence and peace of mind your credit card transactions are 49 | Appellate Decisions Valley Falls....By Matt Keenan handled the right way. 17 | KBA President 53 | Appellate Practice Reminders The KBA is Moving to Manhattan....By Steve Six 58 | Classified Advertisements LawPay.com/KSBar | 866.376.0950 TRUST OPERATING www.ksbar.org | March 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] Secretary-Treasurer Emily Grant, chair, [email protected] Mira Mdivani, [email protected] Terri Savely, BOG liaison, [email protected] Immediate Past President Sarah G. Briley, [email protected] Natalie G. Haag, [email protected] Hon. David E. Bruns, [email protected] Young Lawyers Section President Richard L. Budden, [email protected] Nathan Eberline [email protected] Boyd A. Byers, [email protected] District 1 Jennifer Cocking, [email protected] 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 Eric L. Rosenblad, Rachael K. Pirner, [email protected] [email protected] Richard D. Ralls, [email protected] District 4 Brian L. Williams, Karen Renwick, [email protected] [email protected] Teresa M. Schreffler,[email protected] District 5 Cheryl L. Whelan, [email protected] Richard H. Seaton Sr., [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 vacant 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 | March 2017 5 2017 law scholarships 2017 law scholarships Eight law students benefi t from scholarship endowments established by attorneys e world lost a boxer, activist and philanthropist in 2016. Known primarily for his Service to others accomplishments in the boxing ring and his views against the Vietnam War, Mohammad Ali was also a motivator and a giver. He died on June 3, 2016, after a battle with Parkinson’s. During his retirement, he raised funds to establish the Muhammed Ali Parkinson Center is the rent you pay in Phoenix, Arizona. He also gave to Special Olympics and Make-A- Wish Foundation. He believed in pursuing what looked like the impossible. for your room Several KBA members and fi rms have established scholarships to recognize law students for their determination, academic achievement, community service and desire to practice here on earth. law in Kansas. eir service is through their commitment to supporting the educational pursuits of individuals who are willing to take risks and reach for what at times seems impossible. -Muhammad Ali- “Impossible is just a big word thrown around by small men who fi nd it easier to live in a world they’ve been given than to explore the power they have to change it. Impossible is not a fact. It’s an opinion. Impossible is not a declaration. It’s a dare. Impossible is potential. Impossible is temporary. Impossible is nothing.” -Muhammad Ali- Congratulations to these outstanding students who exemplify what is possible. Case Moses & Zimmerman P.A.