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2016 Litigation CLE
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Approved for 6.0 hours of CLE credit, including 2.0 hours of ethics and professionalism credit in Kansas. Approved for 5.0 hours of CLE credit, including 1.0 hour of ethics and professionalism credit in Missouri.

When: Friday, April 15, 2016
Registration begins at 8:30. Seminar is from 9:00 until 3:15
Where: Kansas Law Center
1200 SW Harrison St.
Topeka 66612
United States
Contact: Dawn Phoenix

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Approved for 6.0 hours of CLE credit, including 2.0 hours of ethics and professionalism credit in Kansas.

Approved for 5.0 hours of CLE credit, including 1.0 hour of ethics and professionalism credit in Missouri.

Course Schedule

8:30 a.m. • Registration & Continental Breakfast

9:00 a.m. • Dealing with Medicare Liens and Set Aside Accounts in Third Party Liability Cases
Thomas B. Diehl,
Ralston Pope & Diehl LLC, Topeka
Ron Pope, Ralston Pope & Diehl LLC, Topeka

This presentation will deal with identifying and resolving Medicare’s interests in third party liability cases from client intake and through settlement or verdict, including reasonably considering Medicare’s future interests.

9:50 a.m. • 59 Ways to Lose Your Trial
Brad Nielsen,
Franke Schultz & Mullen PC, KCMO

This presentation will go through the entire civil trial process from preparation to waiting for a verdict, and highlight common mistakes, not so common (but killer) mistakes, and several key, but very simple, strategies to help paint your case a little better for that slight edge we all look for in front of a jury.

10:40 a.m. • Break

10:55 a.m. • My Client is a Big Fat Liar, Uses an Alias, and Drives Without a License… Ethics and the Undocumented Client
Alex Solorio,
Solorio & Avila Law Firm LLC, Shawnee Mission

Immigration practioners face many ethical challenges when working with immigrants. From the time an immigrant walks into your office a number of different scenarios may occur that test your ethics. When working with immigrants, practioners regularly encounter challenging situations. How do you avoid crossing the line so that you’re in compliance.

11:45 a.m. • Lunch (provided)

12:30 p.m. • Taking a One Hour Phone Deposition of a Defendant’s Expert That Will Get Your Case Settled!
Bradley J. Prochaska,
Prochaska Howell & Prochaska LLC, Wichita

A presentation on how to get your case settled when appearing by phone, instead of in person, on all out of State expert depositions. Phone depositions save every attorney time and money (the expense of traveling). The presentation shows how to take a great, short (1 ½ hour) phone deposition even on really big cases, with the use of exhibits, and still do a very good job.

1:20 p.m. • In God We Trust – The Ethics of Candor
L.J. Leatherman,
Palmer Leatherman White Girard & Van Dyk LLP, Topeka

2:10 p.m. • Break

2:25 p.m. • Daubert: The New Standard for Experts in the State of Kansas
Hon. Larry D. Hendricks,
District Judge, Shawnee County Courthouse Div 6, Topeka
Hon. Kevin P. Moriarty, Chief District Judge, Johnson County Courthouse Div 14, Olathe
Hon. William S. Woolley, District Judge, Sedgwick County Courthouse Div 23, Wichita

This presentation will review the changes from Frye to Dauber and the differences between State Court & Federal Court.

3:15 p.m. • Adjourned

Faculty Information

Thomas B. Diehl is an attorney with Ralston, Pope & Diehl, LLC (“RPD”). He was born in Hays, Kansas, where he was raised, and attended Thomas More Prep-Marian High School. His father, Robert Diehl, is an attorney in Hays and his uncle, Kevin Diehl, is a partner at RPD. Tom attended the University of Kansas, and in 2004 received a B.A. in Mathematics with Distinction and University Honors along with a minor in economics. That year he was also selected as a member of Phi Beta Kappa. He received his J.D. in 2007 from the University of Kansas. In January 2007, Tom started working for Ralston, Pope & Diehl, LLC, as a legal intern, and he was admitted to the Kansas Bar on September 28, 2007. He began litigating full time after being admitted to the Bar and working cases immediately. His practice focuses on plaintiff’s personal injury, with an emphasis in complex medical negligence, trucking, and products liability cases. Tom is a member of the Topeka Bar Association, Kansas Bar Association, Kansas Association for Justice and the American Association for Justice. Since 2012, he has been honored by The National Trial Lawyers as a Top 40 Under 40 trial attorney, and he is presently ranked as a Top 10 Under 40 trial attorney by the National Academy of Personal Injury Attorneys. He has given presentations on the Kansas Health Information Technology Exchange Act (K-HITE), K.S.A. § 65-6821, et seq., which is intended to bring Kansas law in harmony with HIPAA. He also regularly speaks to how technology can aid in all phases of litigation, from investigation of claims, through the demand process and litigation, up to and including trial. You can find out more about Tom and RPD by visiting or checking out the firm’s Twitter (@RPDlaw) and Facebook pages.

The Honorable Larry D. Hendricks was appointed to the Shawnee County District Court in 2006. He currently has a civil case load assignment. He was a member of the United States Air Force for 8 years. He practiced law in Topeka, Kansas for 25 years before he went on the bench. He served as City Attorney for Alma, Auburn, Lecompton and Perry, Kansas. Degrees include a Bachelors from Kansas State University (1971), Masters from the University of Northern Colorado (1977), and his J.D. with honors from Washburn University (1981). He has served as a board member for CASA of Shawnee County. He is a member of the Topeka Bar Association, the Kansas Bar Association, and the Kansas District Judges Association.


Leatherman is a partner in Palmer Leatherman White Giirard & Van Dyk 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.



Kevin P. Moriarty received his B.A. from Washburn University in 1975, his J.D. from Washburn University in 1978, and Master’s in Public Administration from Kansas University in 1984. Judge Moriarty was appointed to the bench on March 23, 2004. He was a member of the Jonson County Ethics Committee from 1987-2004. He stayed on the Board of Trustees for the Johnson County Bar Foundation from 2002 – 2006. He is a master, and former president of the Earl E. O'Connor Inn of Court. He has remained a member of the Kansas Judicial Council Advisory Committee ever since 2009. He was a Board Member of the Johnson County Mental Health from 2009 – 2013, and served as Chairman in 2012 & 2013. He has been a member of the Johnson County Judicial Nominating Commission since 2008. He is the current Chief Judge of the 10th Judicial District.

Mr. Nielsen is a trial lawyer with significant experience in defending personal injury claims, insurance coverage disputes, and premises liability cases. Mr. Nielsen has also tried numerous civil rights actions, business tort claims, commercial disputes, employment practices matters, and environmental actions. Mr. Nielsen received his Juris Doctor from the University of Iowa, College of Law where he was the Articles Editor for the Law Review. He is permitted to practice in all Missouri and Kansas Courts, the U.S. District Courts for the Eastern and Western Districts of Missouri, the District of Kansas, and the Eighth and Tenth Circuit Courts of Appeals. He is a member of the Missouri and Kansas Bars, American Bar Association, Kansas City Metropolitan Bar Association, Missouri Organization of Defense Lawyers, and the Kansas City Claims Association. In 1999 and 2000, Mr. Nielsen was twice nominated to be a finalist for the Lon Hocker Memorial Trial Award, given to the outstanding trial lawyer in Missouri under the age of 36. He is currently the secretary-treasurer of the Kansas Bar Litigation Committee and will be installed as president of that committee next month.

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.

Bradley J. Prochaska is the founding partner of Prochaska, Howell & Prochaska LLC. He is the former president of the Kansas Association for Justice and a longstanding member of the Leaders Forum of the American Associarion for Justice. He was alse the national co-chairman of the Birth Trauma Litigation Group, and is currently the national co-chairman of the Professional Negligence Group.



Alejandro J. Solorio is a partner in the law firm of Solorio & Avila Law Firm, LLC. Mr. Solorio is a 1999 graduate of Washburn University School of Law. Mr. Solorio was formerly an associate attorney with the McCrummen Immigration Law Group, and a staff attorney with the California Rural Legal Assistance, where he provided legal counseling for migrant farm-workers in the California Central Valley. Solorio is a National Ethics Committee Member with the American Immigration Lawyers Association; Advisory Counsel on immigration issues for Mexican Consulate, in Kansas City; and he is a current Board Member and Past President for the Hispanic Bar Association of Greater Kansas City. His experience includes the following kinds of cases: employment based immigration, including labor certification; outstanding researchers; extraordinary ability aliens; multinational managers; national interest waivers; non-immigrant visas, such as H-1B, H-2B, H-2A, TN, L-1, E-1/2,; Family Immigration; Fiancé Visas, and removal/deportation proceedings.

Judge William Woolley has a B.A. in Economics from Stanford University and has a J.D./M.B.A. from the University of Kansas. After graduating from law school, Judge Woolley worked for the U.S. Department of Justice, Office of the U.S. Trustee and was the Assistant U.S. Trustee for the District of Kansas. Upon leaving the Department of Justice, Judge Woolley was in private practice, emphasizing chapter 11 bankruptcy, commercial litigation and business litigation. Judge Woolley has been a district judge in Sedgwick County for fifteen years. Some of his past assignments have included the Civil, Criminal and Family Law departments. In addition, he has served an assignment as the Civil Discovery Judge. Currently, he serves as the Civil Presiding Judge.