registration for this event is now closed. However, space is still
available. To register, please call 785-234-5696 between 8:00 a.m. &
5:00 p.m. Electronic program materials can be emailed to you at no cost. A limited number of paper materials will be
available for purchase at the program for $30. Please let the KBA
representative know your preference.
Approved for 6.0 hours of CLE credit, including 3.0 hours of ethics and professionalism in Kansas and Missouri.
9:00 a.m. • Registration & Continental Breakfast
9:30 a.m. • Updates on E-discovery Guidelines and Issues
Hon. Gwynne H. Birzer, U.S. Magistrate Judge, Wichita
National trends in electronically stored information (ESI) has centered on the wholesale collection of evidence rather than a targeted collection. This session will review whether wholesale collection of unnecessary metadata (i.e. file paths, original folder names, and task lists) is necessary when stipulation of issues in a case would eliminate the need for the wholesale collection of ESI. This session will also acquaint attendees with the practical aspect of targeted ESI from a proportionality standpoint.
10:20 a.m. • Forensic Science in the Federal Criminal Justice System
Hon. David J. Waxse, U.S. Magistrate Judge, Kansas City
This program will focus on the various issues concerning the use of forensic science in the crimial justice system that were raised by the National Academy of Science report on forensic science. In additionrecent case law on these issues will be discussed.
11:10 a.m. • Break
11:25 a.m. • Search Warrants for ESI
Hon. David J. Waxse, U.S. Magistrate Judge, Kansas City
This program will look at the issues raised by search warrants for electronically stored information and the application of Fourth Amendment principles to those issues. There will also be a discussion of methods that can be used to constitutionally obtain such information.
12:15 p.m. • Lunch (on your own)
1:30 p.m. • Current Issues in Ethics and Technology
Dean Ellen Suni, Dean and Professor of Law, UMKC School of Law, KCMO
Through the use of scenarios, this session will address a variety of topical issues in the area of ethics and technology. Topics to be covered involve competence in the use of technology (RPC 1.1 and Comment 8), researching jurors on the internet and social media (RPC 3.5), contacting jurors or prospective jurors on the internet and social media by lawyers and paralegals (RPC 4.2, 4.3, 8.4, 5.3), discovery of juror misconduct on social media (RPC 3.3); advising clients with regard to their social media sites (RPC 3.4), confidentiality on the internet and social media (RPC 1.6) and using blogs, websites and social media for marketing purposes (RPC 7.1, 7.2).
2:20 p.m. • Taking Care: Of Your Clients, Your Practice, Your Family and Yourself. How the Ethical Rules Relate to Each of These
Jennifer Gille Bacon, Polsinelli P.C., KCMO
3:10 p.m. • Break
3:25 p.m. • Getting Out: How to Depart your Law Firm without Getting Sued or Disciplined
Christina Lewis Abate, The Bar Plan Mutual Insurance Company, St. Louis, Mo.
This program will address ethical issues that may arise when a lawyer leaves a law firm and or terminates a representation makes a lateral move. A discussion of the Kansas Rules of Professional Conduct implicated by lawyer departures and recent case law on the topic.
4:15 p.m. • Adjourned
The Honorable Gwynne H. Birzer, the sixth United States Magistrate Judge sitting in Wichita, Kansas, was appointed to the bench on July 1, 2015. Judge Birzer was born in Kansas City, Missouri, and raised in Kansas City, Wyandotte County, Kansas. She holds two degrees from Washburn University; a Bachelor of Arts degree in Criminal Justice received in 1989, and a law degree received in 1992.
Following law school, Judge Birzer practiced law in Topeka, Kansas in the public sector as an assistant public defender, an assistant district attorney, and as an assistant attorney general, and in the private sector in her own firm.
In 2004, Judge Birzer relocated to Wichita, Kansas where she worked at the Sedgwick County Public Defender’s Office handling felony criminal cases. In 2006, she joined Hite, Fanning & Honeyman, LLP where she specialized in medical malpractice defense litigation. In 2011, Judge Birzer became a partner and served in that capacity at the firm until her judicial appointment.
In addition to her judicial responsibilities, Judge Birzer is an adjunct professor in the School of Community Affairs at Wichita State University. She is an active member of the Wichita, Kansas, and American Bar Associations.
Waxse was appointed to the bench in 1999 and reappointed in 2007. From 1984 to 1999, Waxse was a partner with Shook Hardy & Bacon LLP, Overland Park. Before that, he was with Payne & Jones, Chtd. for 14 years. He received his B.S. from the University of Kansas and his J.D. from Columbia University in New York.
Waxse has served as a lecturer in law at the University of Kansas School of Law and is a frequent presenter CLE programs for various professional organizations. He is a nationally-renowned expert on the subject of ESI.
Dean Suni has been on the faculty at the University of Missouri-Kansas City (UMKC) School of Law for 34 years and is beginning her twelfth year as dean. She has taught Professional Responsibility for nearly thirty years. She has served on various state and national committees relating to professional responsibility and bar admission issues and has served as a member of the Missouri Bar Committee to consider proposed changes to the Rules of Professional Conduct and as a consultant to the Missouri Supreme Court Advisory Committee and the Office of Chief Disciplinary Counsel. Dean Suni has authored articles in the area of attorney professional responsibility; done consulting and training for lawyers, law firms and in-house corporate counsel; and served as an expert witness. She is a regular speaker on topics related to lawyer ethics and professional responsibility and has been speaking on legal ethics as it relates to technology since the early 1990’s.
Jennifer Gille Bacon is a member of the firm of Polsinelli PC in Kansas City. She graduated from the University of Kansas in 1971 with a B.A., attended Ohio State University and obtained an M.A. in 1973, and returned to K.U. for her J.D. in 1976. She served as President of The Missouri Bar In 1998-1999. She currently chairs the Missouri Bar Supreme Court Advisory Committee and is a past chair of the Missouri Commission on the Retirement, Removal and Discipline of Judges. Ms. Bacon was also the first woman to chair The Missouri Bar YLS Council.
She has additionally been active in Kansas City community organizations: she is a past chair of the Board of the American Red Cross and is a current member of the Board and past chair of WCA, which operates the Armour Homes. She a past chair of the Board of Trustees of The Barstow School. She has been a Group Leader with the United Way campaign, was president of the Kansas City Club in 1998, on the board of the Hallbrook Farms Homes Association, and is a past chair of the Gillis Center. She currently serves as a Board Member of the Rose Brooks Center and the Friends of Chamber Music.
Christina Lewis Abate is a Risk Manager for The Bar Plan Mutual Insurance Company in St. Louis, Missouri. She regularly presents and writes on the topics of ethics, professionalism, and malpractice avoidance. She also provides guidance through The Bar Plan’s Law Practice Management Program and Risk Management Hotline.
Christina’s professional memberships include The Missouri Bar, The Bar Association of Metro St. Louis, The American Bar Association Center for Professional Responsibility and the American Bar Association Young Lawyers Division. She received her J.D. from Saint Louis University School of Law in 2004 and her B.A. from the University of New Mexico in 2000.
Christina currently serves on The ABA Center for Professional Responsibility Diversity Committee and is the past Chair of the ABA Young Lawyers Division Ethics and Professionalism Committee. Christina is also on The Missouri Bar Young Lawyers' Section Council representing District 8 (Saint Louis County).