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2014 Litigation CLE
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2014 Litigation CLE


When: Friday, April 11, 2014
Registration: 8:30 a.m. - Adjourns: 3:45 p.m.
Where: The Oread
1200 Oread Ave.
Lawrence, Kansas  66044
Dawn Phoenix

Phone: 785-234-5696

Registration Information
Online registration is closed.

Approved for 6.0 CLE credit hours, including 1.0 hour of ethics and professionalism in Kansas.

Approved for 6.0 CLE credit hours in Missouri.  (No ethics approval in Missouri)


Course Schedule:

8:30 a.m.

Registration & Continental Breakfast

9:00 a.m.            

Preparing for Mediation versus Alternative Dispute Resolution by Jury Trial

Jerry R. Palmer, Palmer Mediation LLC, Topeka

The Mediators perspective on what an advocate can do to prepare for the event most likely to resolve the Civil case. How to get the right persons to attend from the other side, materials to supply the mediator and the preparation of the client for the Mediation. How to follow up on the unsuccessful mediation.  How to get lien holders invested in the process so that their interests can also be concluded.


9:50 a.m.



10:05 a.m.

Voir Dire Panel

J. Todd Hiatt, Senior Assistant District Attorney for the Third Judicial District, Topeka

Patrick M. Lewis, Law Office of Patrick Lewis, Olathe

Ronald P. Pope, Ralston Pope & Diehl LLC, Topeka

This session will explain how to develop awareness for how to use prevailing societal attitudes and biases to select a jury.  We will also review the law surrounding the process of jury selection, including Constitutional limitations and law specific to Kansas.  We will touch on developing critical listening skills and developing the ability to read non-verbal cues.  We will also discuss how to prepare the venire for the role of being a juror including the standards of proof prescribed by law, limitations on evidence, and the process by which they will judge the facts of a case


11:45 a.m.

Lunch (on your own)


1:00 p.m.

Legislative Update

Joseph N. Molina III, Director of Legislative Services, Kansas Bar Association, Topeka

This course will provide attendees with an up-to-date list of all legislative proposals that affect the practice of law in Kansas.  The update will briefly explain pending legislation, provide background information pertaining to the interest group involved in the legislation and a provide the current status of each proposal.   Attendees can expect to learn more about the legislative process and as well as how to contact their representative.


1:50 p.m.

Use of Technology in Litigation and Trial – Taking Your Presentation to the Next Level with the iPad

Dustin J. Denning, Clark Mize & Linville Chtd., Salina

This CLE presentation will be divided into two parts.  The first segment will focus on essential hardware and configuration for iPad use in the courtroom.  In this segment, you will learn step-by-step details of how to create a private network inside the courtroom or conference room for wireless use of your iPad.  The second segment will focus on the use of iPad Applications for lawyers to make compelling case presentations that will bring your case to life and mesmerize the jury, the judge and opposing counsel.


2:40 p.m.



2:55 p.m.

The Ethics of Amateurism:  Aren't You Tired of These Whiney College Athletes Wanting to Be Paid?

L.J. Leatherman, Palmer Leatherman White & Dalton LLP, Topeka

Ethics, sometimes known as philosophical ethics, ethical theory, moral theory, and moral philosophy, attempt to defend and recommend concepts of right and wrong conduct, often addressing disputes of moral diversity.  Legal ethics have evolved overtime to address the traditional protections of clients within the confines of modern pressures of private practice.  Each evolution brings a negotiation of conflicting interest between the clients, judges and lawyers.  Like the modernization of divorce, to no fault, in our society, legal ethics evolves to meet these new challenges.  In codes of conduct, or ethics the rules of engagement seem to tack a midline of fairness between the conduct being proscribed and the mission of the profession.  This presentation looks to contract the structure and development of ethics to evaluate the corruption of “ethical” conduct when the power of the rule makers completely disenfranchises those who are required to follow the ethics, using as examples of ethical codes of conduct Pirates and College Athletics.


3:45 p.m.



Biographical Information:

Dustin J. Denning, Clark Mize & Linville Chtd., Salina

Denning is a Salina native and shareholder in the Salina law firm of Clark, Mize & Linville, Chartered.  His primary focus is trial practice, including the defense of medical malpractice, general liability, insurance and employment claims.  He served as President of the Kansas Association of Defense Counsel in 2012, and is a past President of the Saline-Ottawa County Bar Association.  Denning has obtained his “AV® Preeminent™” peer review rating by Martindale-Hubbell Law Directory.  He has also been peer nominated and selected as a Kansas Super Lawyers Rising Star in the area of medical malpractice defense since 2009.  This designation is awarded to no more than 2.5% of the eligible attorneys in the state of Kansas who are under the age of 40.


J. Todd Hiatt, Senior Assistant District Attorney for the Third Judicial District, Topeka

Hiatt attended the University of Kansas and graduated with a BSW in 1997. He then attended Washburn University School of Law and graduated magna cum laude in 2005. He is admitted in Kansas and was formerly a member of the US District Court of Kansas. Currently, he also serves as a Special Assistant Attorney General for the purposes of representing the State of Kansas under the Kansas Sexually Violent Predator Act. Hiatt formerly worked in private practice handling mainly medical malpractice cases at Ralston, Pope & Diehl, LLC before starting his career as a prosecutor in 2010. He has served as the Secretary-Elect, Vice-President of Education, and President of the Young Lawyers Division for the Kansas Association of Justice. He currently serves on the Media Bar Committee and the Access to Justice Committee for the Kansas Bar association. And he is also an Adjunct at Washburn Law where he has taught Intensive Trial Advocacy, Pretrial Civil Procedure, and Voir Dire. Between 2006 and 2013, he has also presented at CLE programs hosted by the National District Attorneys’ Association, the Kansas Association for Justice, and the National Institute for Trial Advocacy.


L.J. Leatherman, Palmer Leatherman White & Dalton LLP, Topeka

Leatherman is a partner in Palmer Leatherman White & Dalton LLP. He specializes in plaintiff’s tort litigation in automobile negligence, wrongful death, third-party claims against insurance companies and insurance bad faith. He is a graduate of Washburn Law School, 1992. He is an active member of the Kansas Association for Justice, American Association for Justice, Topeka and American bar associations, and Trial Lawyers for Public Justice. He serves as a member of the Topeka/Shawnee County Ethics Committee.


Patrick M. Lewis, Law Office of Patrick Lewis, Olathe

Lewis has defended the criminally accused for 25 years in all venues from the smallest municipalities to federal district court.  He earned his J.D. from the University of Kansas and his LLM in Litigation from Emory University in Atlanta.  Lewis began his career with the public defender in Wichita, ran the district defender’s office in Johnson County and has been in private practice for the last six years.  He limits his practice exclusively to criminal defense.  Lewis is the Executive Director of the Kansas Association of Criminal Defense Lawyers and a member of the Criminal Law Advisory Committee to the Kansas Judicial Council.  He is on the Municipal Bench Bar Committee of the Johnson County Bar Association and has chaired the Criminal Bench Bar Committee.  Lewis has taught at the Intensive Trial Advocacy Program at Washburn Law School for over ten years. 


Jerry R. Palmer, Palmer Mediation LLC, Topeka

Palmer is a full time mediator who has completed over 1,500 mediations. He is certified by the Kansas Supreme Court in core and civil mediation. He has been admitted to Fellowship in the International Academy of Mediators and also the American College of Civil Trial Mediators. He mediates contract, tort, construction, and virtually every other kind of civil case in the Kansas City Metropolitan area, Wichita area and North East Kansas. He has a substantial history of litigation, jury trials and State and Federal appeals. He is also a Fellow of The American College of Trial Lawyers and the International Academy of Trial Lawyers and has been certified as a Civil Trial Advocate by the National Board of Trial Advocacy since 1980 and recertified 6 times.


Joseph N. Molina III, Director of Legislative Services, Kansas Bar Association, Topeka

Molina is the director of legislative services for the Kansas Bar Association. Prior to joining the KBA, he was chief legal counsel for the Topeka Metropolitan Transit Authority, where his practice involved insurance subrogation, labor and employment law. He also previously served as an assistant attorney general, acting as the director of the Kansas No-Call Act. Molina holds a Bachelor of Arts in political science, philosophy, and economics from Eastern Oregon University. Molina is a native of Hawaii, moving to Kansas in 1999 to attend law school at Washburn.


Ronald P. Pope, Ralston Pope & Diehl LLC, Topeka

Pope attended Emporia State University and graduated in 1980 with a B.S. He then attended Washburn University School of Law and graduated in 1983. He is admitted in Kansas and Nebraska and is a member of the US District Courts of Kansas, Nebraska and Michigan. His practice areas include general trial work, personal injury, products liability and medical malpractice.  Mr. Pope has tried well in excess of 100 cases to a verdict in 13 states. He has recovered over 40 million dollars for clients in his corner. Ron is also an Adjunct Professor at the Washburn University School of Law. He has taught Pre-Trial Techniques, Trial Techniques and Litigation Strategies. He is the former Vice President of Education, KTLA, Chairman of Medical Malpractice & Products Liability Committee, a current Member At Large of the KTLA, Treasurer of the KTLA, Consultant for the Peoples Law School for ATLA, a current member of the American Board of Trial Advocates and the Million Dollar Forum for Attorneys with Million Dollar Verdicts. He is also a former President of the American Board of Trial Advocates.

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