Approved for 12.0 CLE hours including 2.0 hours E & P and 2.0 hours LPM in Kansas
Approved for 12.0 CLE hours including 2.0 hours Ethics in Missouri
18th Annual KBA SLAM DUNK
January 29 - 30, 2018
Hilton Garden Inn
Monday, January 29, 2018
8:00 AM Registration and Continental Breakfast
8:40 AM Startup Business Law Basics: Formation, Contracts and Securities
Dave Berson, Berson Law Group LLP, Overland Park
This presentation will provide an overview of certain fundamental legal issues in the formation of startup businesses. It will discuss (i) the differences between selecting a limited liability company and a corporation as the business entity, (ii) the core organizational documents and business contracts required in the formation of a startup business, and (iii) the restrictions under federal and Kansas law with respect to selling stock to investors in private securities offerings.
9:30 AM Handling Farm Divorces/The Things You Need to Know and Do to Plant a
Healthy Divorce and Then Harvest It
Robert Jones, Norton Wasserman Jones & Kelly, L.L.C., Salina
Brendan Burke, Norton Wasserman Jones & Kelly, L.L.C., Salina
The presentation will cover everything you need to know, do, review and present in connection with divorces involving farms, documents you must have, how to cash flow the divorce settlement and keep the farm, farming, bank financing, reviewing, valuing and then tax treating farm assets, and much more.
10:20 AM Break (10 minutes)
10:30 AM Top Ten Things you Need to know about the Title Standards
Todd Sheppard, Charlson & Wilson Bonded Abstracters, Manhattan
Callie Marks, Charlson & Wilson Bonded Abstracters, Manhattan
This session will outline recent changes to the KBA Title Standards Handbook and also cover 10 title standard issues of which all attorneys should be aware.
11:20 AM Avoiding Tax Traps in Settlements and Awards in 2018
Susan A. Berson, Berson Law Group LLP, Overland Park, KS
While legislative tinkering is still possible, the certainty of the amounts for the tax brackets for the 2018 tax year is set. For a lawyer’s big win or a settlement for a client, this means tax questions about the payout consequences. From wrongful death to securities fraud, personal injury, and employment discrimination lawsuits, this presentation will cover what a non-tax lawyer needs to know about how settlement and damage awards are taxed. Because the lens of the Internal Revenue Code may scrutinize both the payor and payee when analyzing tax consequences of a payout for a settlement or damage award, this presentation is intended for both plaintiff and defense counsel. Tips for pre-screening client matters to determine whether opportunities exist to minimize the tax hit on a recovery or payout will be addressed during the presentation. Situations where knowledge of the taxation consequences may help bridge the settlement gap between otherwise robust litigants to achieve a settlement in mediation will also be discussed. Finally, helpful information about how the IRS audit procedures approach settlements and awards will be covered.
12:10 PM Lunch (provided)
1:15 PM Legislative Update
Joe Molina, Legislative Services Director, 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.
2:05 PM Long-Term Care Insurance Contracts: How to Read and File Claims
Stana Martin, ACSIA Partners, LCT Insurance Solutions Specialist, Liberty, MO
This session will identify the major parts of long term care insurance contracts, teach how to read them quickly and efficiently, and explain how the claim process works so attorneys can help clients maximize their benefits from these resources
2:55 PM Break (15 Minutes)
3:10 PM Implicit Bias Considerations for Voir Dire
Lynn R. Johnson, Shamberg, Johnson & Bergman, Chartered, Kansas City, MO
Explicit bias has long been recognized in society and within our court systems for many years and lawyers, judges and law makers have done a fairly good job of addressing explicit bias in the legal system, including jury selection and trials of both civil and criminal cases. However, implicit biases are unstated and unrecognized and operate outside of conscious awareness. Implicit biases are generally understood to be hidden, cognitive or automatic biases which are very pervasive and powerful and as such lawyers and judges need to appreciate and understand the role of implicit bias in our civil and criminal justice system—particularly the problem implicit bias creates with regard to jurors and juries. The reason is that implicit biases are pervasive; most people are unaware of their implicit biases; people differ in levels of implicit bias; and most importantly implicit biases predict behavior which directly impacts the fact finding function of jurors and juries. Fair and impartial jurors have to be free of both explicit bias and implicit bias and it is critical that trial attorneys and trial judges and appellate judges appreciate that fact and understand how best to identify potential jurors who have implicit biases that may disqualify that potential juror as a fact finder in a specific case. This presentation will include suggestions for how to recognize implicit biases and deal with those potential jurors appropriately to assure all parties a fair and impartial jury.
4:00 PM E-Flex & E-Filing: A Practical Guide to Navigating Electronic Filing (LPM)
Angela Meyer, Meyer Law Firm, L.L.C, Pittsburg
Learn helpful hints, tips and the latest information about navigating the electronic filing system. This program will include an overview of the filing system, helpful resources for your office and practice and provide recent updates about the electronic filing system.
4:50 PM Adjourn
Tuesday, January 30, 2018
8:00 AM Registration and Full Breakfast
8:30 AM Disaster Recovery and Business Continuity (Ethics)
Sara Rust-Martin, Sections and LOMAP Services, KBA, Topeka
The description of this program is best summarized by the ABA Committee on Disaster Response and Preparedness when they stated: “Disaster planning is especially important for lawyers. Not only is it necessary to protect, preserve, and in extreme cases rebuild one’s practice or firm, lawyers also have special obligations to their clients. Lawyers must represent the client competently and diligently, safeguard client’s property, and maintain client confidentiality and communications. These obligations are neither excused nor waived following a disaster.”
9:20 AM Generational Differences in the Workplace (LPM)
Amanda L. Stanley, The League of Kansas Municipalities, Legal Counsel, Topeka
This session will cover characteristics of different generations (Traditionalists, Baby Boomers, Generation X and Millennials with Generation Y) and will then focus on how these characteristics affect Communication, Work Ethic, Technology, Working Style, and What a Fulfilling Professional Job would include. It will also cover information about interviewing and other management styles that can / should be adapted based off the generational characteristics of the work force.
10:10 AM Break (15 minutes)
10:25 AM Immigration Law for General Practitioners in the Trump Era
Erika Jurado-Graham, Jurado-Graham Law Firm, P.A. Kansas City, MO
As we face a new era of immigration law enforcement, family practitioners need to be aware of the issues that may arise when representing immigrant families. In this presentation we will be discussing scenarios in which family and immigration law intersect, and how to be ready to avoid the most common mistakes.
11:15 AM Wrapping it Up (Ethics)
Anne McDonald, Kansas Lawyer Assistance Program, Topeka
Give yourself a present: wrap up your law practice beautifully so that you have no worries and clients have happy memories of your superb services. Being proactive gives you control over the process – the who, the when, the how it happens. As more and more members of the legal profession age, it just makes sense that the number of lawyers afflicted with age-related conditions will grow. And anyone of any age can have an accident or suffer from an unanticipated medical situation that prevents him or her from properly tending to the practice for an extended time. We will look at just 4 parts of this topic today:
1. Proper preparation for the anticipated, and the unexpected, termination of a law practice
2. How to step in and cover or wrap up a practice
3. The ethical obligations of the lawyer, the firm or colleagues, the court, and the lawyer who steps in, voluntarily or under Rule 220.
4. The roles, if any, for Discipline, KALAP and SOLACE.
12:05 PM Adjourn