This document discusses best practices for attorneys serving as local counsel in complex litigation in Kansas courts. It outlines 10 key principles for local counsel to follow, including clearly understanding their role, fulfilling duties beyond just signing court filings, offering involvement in meetings with opposing counsel, knowing local rules inside and out, providing evaluative information on judges and juries, respecting the relationship between lead counsel and their client, supporting defense strategies, deferring to lead counsel's expertise, hosting lead counsel well, and serving lead counsel with grace and humility. Following these practices will help local counsel develop a productive working relationship with lead counsel and contribute effectively to positive case outcomes.
Este documento describe los entornos virtuales de aprendizaje (EVAs), incluyendo sus características principales como espacios educativos alojados en la web que permiten la interacción didáctica a distancia. Los EVAs tienen dimensiones tecnológicas que proveen herramientas para publicar materiales y comunicarse, y dimensiones pedagógicas que facilitan el aprendizaje activo guiado por el docente. Los EVAs también desestructuran roles tradicionales al hacer que los estudiantes sean agentes activos en su aprendizaje mientras
Situacion en Venezuela acerca de: producto interno bruto, actividad petrolera, telecomunicaciones, manufactura, instituciones financieras, construcciones.
Trabajo realizado por:
Darimar Lopez V-27.102.515
Luis Carrillo V-25.780.348
Dorangel Alvarado V-24.913.696
Felkis Acuña V-19.578.618
Estudiantes de Contaduría Pública
Universidad Panamericana del Puerto
El documento describe las características de los poemas, incluyendo que son composiciones literarias que se expresan generalmente en verso. Explica que la poesía se divide en cinco géneros principales y secundarios, y expresa diversos aspectos de la naturaleza humana como el amor y la muerte. También sugiere actividades como el análisis individual de poemas y la investigación sobre autores para trabajar en clases de español.
Informe de Coyuntura Económica III trimestre de 2015: efectos del empleoFUSADES
El informe analiza los efectos del empleo y los precios en los cambios recientes en la pobreza en El Salvador. Entre 2013 y 2014, la pobreza aumentó del 34.7% al 37.2% debido principalmente a un menor efecto del empleo y los ingresos, y a un aumento del 3.1% en los precios de la canasta básica. Para reducir la pobreza, es necesario mejorar el clima de inversión para reactivar la creación de empleos formales e impulsar el crecimiento económico.
This document discusses information literacy and its importance. It defines information literacy as the ability to recognize when information is needed, locate and evaluate appropriate information sources, and apply that information effectively. Information literacy is an important skill in today's environment of rapid technological change and abundant information. It allows individuals to intelligently participate in academic studies, the workplace, and personal life. The document also discusses how information literacy skills are developed through problem-based and inquiry-driven learning approaches that require students to actively engage in research.
Se consideran una tecnología para crear y desarrollar cursos o modelos de formación didácticos en la web". Son espacios con accesos restringidos solo para usuarios que respondan a roles de docentes o alumnos.
Este documento describe los entornos virtuales de aprendizaje (EVAs), incluyendo sus características principales como espacios educativos alojados en la web que permiten la interacción didáctica a distancia. Los EVAs tienen dimensiones tecnológicas que proveen herramientas para publicar materiales y comunicarse, y dimensiones pedagógicas que facilitan el aprendizaje activo guiado por el docente. Los EVAs también desestructuran roles tradicionales al hacer que los estudiantes sean agentes activos en su aprendizaje mientras
Situacion en Venezuela acerca de: producto interno bruto, actividad petrolera, telecomunicaciones, manufactura, instituciones financieras, construcciones.
Trabajo realizado por:
Darimar Lopez V-27.102.515
Luis Carrillo V-25.780.348
Dorangel Alvarado V-24.913.696
Felkis Acuña V-19.578.618
Estudiantes de Contaduría Pública
Universidad Panamericana del Puerto
El documento describe las características de los poemas, incluyendo que son composiciones literarias que se expresan generalmente en verso. Explica que la poesía se divide en cinco géneros principales y secundarios, y expresa diversos aspectos de la naturaleza humana como el amor y la muerte. También sugiere actividades como el análisis individual de poemas y la investigación sobre autores para trabajar en clases de español.
Informe de Coyuntura Económica III trimestre de 2015: efectos del empleoFUSADES
El informe analiza los efectos del empleo y los precios en los cambios recientes en la pobreza en El Salvador. Entre 2013 y 2014, la pobreza aumentó del 34.7% al 37.2% debido principalmente a un menor efecto del empleo y los ingresos, y a un aumento del 3.1% en los precios de la canasta básica. Para reducir la pobreza, es necesario mejorar el clima de inversión para reactivar la creación de empleos formales e impulsar el crecimiento económico.
This document discusses information literacy and its importance. It defines information literacy as the ability to recognize when information is needed, locate and evaluate appropriate information sources, and apply that information effectively. Information literacy is an important skill in today's environment of rapid technological change and abundant information. It allows individuals to intelligently participate in academic studies, the workplace, and personal life. The document also discusses how information literacy skills are developed through problem-based and inquiry-driven learning approaches that require students to actively engage in research.
Se consideran una tecnología para crear y desarrollar cursos o modelos de formación didácticos en la web". Son espacios con accesos restringidos solo para usuarios que respondan a roles de docentes o alumnos.
The not so secret service rules for the modern the barrister magazineDouglas McPherson
More and more barristers are engaging in client service review programmes but what do they achieve? What will you learn from talking to your clients? And how will that insight benefit Chambers?
What are the main responsibilities of a district criminal defense lawyer?ConcordMasslaw1
A district criminal defense lawyer specializes in defending individuals who are facing criminal charges in the district court. This court typically deals with lower-level offenses such as misdemeanors and minor felonies. While district criminal defense lawyers may also handle cases in higher courts, their primary focus is on representing clients in district court proceedings.
What are the main responsibilities of a district criminal defense lawyer?ConcordMasslaw1
A general practice lawyer is a legal professional who handles a wide range of legal matters. From real estate transactions to family disputes, these lawyers have a broad knowledge of various areas of law. However, when it comes to criminal defense, it is crucial to seek the expertise of a district criminal defense lawyer.
Visit:-http://concordmasslaw.com/practice-areas/criminal-defense/
"Mediation is a meaningful and successful way to resolve a lawsuit or significantly narrow the disputed issues, but counsel’s commitment to the mediation process is critical. Here’s our view on the top ten ways to inadvertently submarine your mediation." From Shelley Leinicke and Art Garcia.
Auto Injury Litigation From Start to Finish Woodrow Glass
This document discusses the importance of thoroughly investigating potential cases before filing litigation. It recommends conducting a case screening which includes reviewing jury instructions and similar past cases. The initial client interview and questionnaire are important for gathering accurate facts and assessing if the client will be likeable to a potential jury. Pre-suit investigation should include obtaining relevant documents like medical records, accident reports, social media, and background checks. Developing an expense budget is also recommended to evaluate if the likely case value justifies costs. Thorough pre-filing investigation helps maximize case value and increases the chances of a successful outcome for both the client and attorney.
Auto Injury Litigation From Start to FinishWoodrow Glass
This document discusses the importance of thoroughly screening potential cases before accepting representation. It emphasizes reviewing elements and facts needed to prove legal theories, researching recent verdicts, monitoring social media, and carefully evaluating the client's likability and version of events during an initial interview. Conducting pre-suit investigation helps avoid disappointment from adverse rulings or defense verdicts that could result from hastily filed cases without properly screening facts and legal viability first.
THE TORT OF OUTRAGE IN KANSAS - INVOKING A COURT'S THRESHOLD DETERMINATIONAmy Morgan
This document discusses who may attend depositions under the Federal Rules of Civil Procedure and case law. It begins by outlining the issue of non-parties attempting to attend depositions and the purpose of determining their eligibility. It then analyzes Rule 615 of the Federal Rules of Evidence regarding excluding witnesses at trial and compares this to Rule 26(c)(5) of the FRCP regarding seeking a protective order to exclude individuals from depositions. The document also discusses the split among courts on whether Rule 615 applies to depositions or if Rule 26(c)(5) alone governs. It concludes by examining how these rules have been applied regarding parties to an action attending their own or other depositions.
Valuing Real Estate Assets (Series: Ethical Issues in Real Estate-Based Bankr...Financial Poise
As the expression goes, the value of real estate is in the eye of the beholder. Ultimately, the value is whatever the market is willing to pay. While income producing properties, particularly with credit worthy tenants, may be fairly routine to value based on current rate of return demands in the market, non-income producing properties may be more speculative. For example, even the most seasoned appraiser may struggle with finding comparative sales for a property. A landowner might see their property value go up exponentially “if only” the city council will allow for a zoning variance. Many an owner believes their property is in the “path of progress”, but when? Is it reasonable to value a property “as stabilized” if it is only forty percent leased? These are the types of questions we will consider.
To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/valuing-real-estate-assets-2020/
The document discusses the risks and benefits of unbundling legal services, as well as how to minimize malpractice exposure when providing unbundled services. It notes that unbundling allows for more affordable services but also greater risks if clients do not follow through. Key recommendations include carefully screening clients and cases for suitability, having clear agreements that document responsibilities, and properly managing the attorney-client relationship including clear disengagement. The document also discusses some additional considerations for providing unbundled services online.
Opposing Cert - A Practitioner's Guide by Public CitizenUmesh Heendeniya
This document provides an overview of resources and strategies for opposing a petition for certiorari in the Supreme Court after winning a case in a lower court. It recommends consulting key reference works like Supreme Court Practice and the Rules of the Supreme Court, as well as the Supreme Court website and Clerk's Office. It also suggests obtaining assistance from experienced Supreme Court practitioners. The document reviews the certiorari process and timeline to understand how to maximize the odds of the Court denying cert.
The document discusses using a case mediator to facilitate communication in collaborative law cases. It outlines how the mediator can develop a communication plan to identify stakeholders' needs, address potential barriers, and improve information sharing throughout the process. The mediator would work with attorneys to determine when mediation of issues is needed, such as for positional disputes. The communication plan elements include needs assessment, development, implementation, and evaluation to build trust and make the collaborative process more efficient.
This document discusses the role of lawyers in providing advice and engaging in negotiations on behalf of clients. It notes that giving advice and negotiating are among the most common tasks lawyers perform. When giving advice, lawyers must consider relevant laws and how courts may rule, alongside clients' goals and options. Negotiations often involve making proposals, considering counterproposals, and compromising to reach agreements. Lawyers must be equipped with proper authority before negotiating and ensure any agreements are legally binding. The document provides details on lawyers' involvement in various types of negotiations, including real estate matters.
A civil litigation attorney will guide a client through the entire non-criminal lawsuit process, including filing papers and pursuing the case in court. The attorney can also advise whether the case is best handled in or out of court. Some essential qualities of a civil litigation attorney include the ability to clearly communicate, persuade others, have strong interpersonal skills, negotiate effectively, explain fees upfront, continuously learn the law, be honest, stay organized, appear confident, and have expertise in rules of evidence.
The document discusses the importance of estate planning and protecting estates from legal challenges. It recommends holding a family conference mediated by a professional to discuss the estate plan and any concerns family members have. At the conference, the mediator will work to resolve issues and have all family members sign a family constitution agreeing not to contest the will. Once signed, the necessary legal documents like wills and trusts can be prepared to implement the estate plan.
The document discusses the importance of estate planning and protecting assets from legal challenges. It recommends drafting a will with proof of mental capacity and proper execution to avoid claims of undue influence. It also suggests documenting any gifts and using a family conference mediated by a professional to resolve disputes, sign a family constitution approving the estate plan and prevent will contests. The goal is to implement the agreed upon plan through necessary legal documents while reviewing the estate regularly to ensure it still reflects wishes.
The document discusses the importance of estate planning and protecting estates from legal challenges. It recommends holding a family conference mediated by a professional to discuss the estate plan and any concerns family members have. At the conference, the mediator will work to resolve issues and have all family members sign a family constitution agreeing not to contest the will. Once signed, the necessary legal documents like wills and trusts can be prepared to implement the estate plan.
This document discusses establishing healthy boundaries in the attorney-client relationship. It emphasizes the importance of respect, trust, and rapport between attorneys and clients. Some key points discussed include setting reasonable expectations with clients, understanding client goals, developing a shared understanding of each party's role and responsibilities, and maintaining open communication. The document also provides guidance on addressing potential issues that could challenge boundaries, such as clients with mental illness, domestic violence victims, cultural differences, and difficult personalities. Throughout, it stresses maintaining a normal client-attorney relationship built on mutual understanding and respect.
Dealing with difficult judges, difficult examiners in immigration courtUmesh Heendeniya
This document provides tips for dealing with difficult judges and immigration officers when representing clients. It begins by advising attorneys to remain calm and professional, and to make a clear record of any bias or unfairness. It then outlines guidelines that judges and officers must follow, and mechanisms for filing complaints if they are not followed. These include appealing removal orders, complaining to a supervisor or oversight agencies, and filing motions to recuse a biased judge. The document stresses maintaining courtesy while firmly advocating for clients' rights.
This document provides contact and background information about Leslie Schwaebe Akins, an attorney and principal of Leslie Schwaebe Akins, A.L.C. It details her areas of focus and practice including bankruptcy litigation, business litigation, and employment litigation. It lists her bar memberships, court admissions, education, experience litigating complex cases, and affiliations.
The Divorce Legal Process: A Step by Step Guide on How to DivorceIBB Law
IBB's divorce and family lawyers have created a guide on "The Divorce Legal Process" . For more information on how to start the divorce process please visit:
https://www.ibblaw.co.uk/service/family-matrimonial
For advice on mediation during a divorce:
https://www.ibblaw.co.uk/service/family-matrimonial/divorce-mediation
Children, finances and Divorce:
https://www.ibblaw.co.uk/service/family-matrimonial/children-and-divorce
Legal Separation:
https://www.ibblaw.co.uk/service/family-matrimonial/legal-separation
Cohabitation Agreements
https://www.ibblaw.co.uk/service/family-matrimonial/cohabitation-agreements
The Family Law Team
IBB Solicitors
Capital Court
30 Windsor Street
Uxbridge
UB8 1AB
Telephone: 03456 381381
The document summarizes the statutes of limitation for various commercial claims under Kansas law, including:
- The statute of limitations is 3 years for account stated and antitrust claims, 5 years for express contracts, 3 years for oral contracts, 4 years for UCC breach of contract claims, and 2 years for breach of fiduciary duty, conversion, and fraud claims.
- The limitations period begins at the time of the breach for most contract and commercial claims, and when the injury becomes reasonably ascertainable for tort claims like conversion and fraud. Discovery rules and tolling may also apply to determine accrual date in some cases.
This document summarizes the procedures for responding to a civil complaint filed in Kansas state court. It addresses the timeline for filing a response, options for extending the deadline, and types of allowable responses such as an answer, motion to dismiss, or motion for a more definite statement. It provides details on filing pre-answer motions and the procedures that apply, including requirements for papers, the plaintiff's response, optional reply, and whether oral argument or discovery are stayed pending the decision. If a pre-answer motion is denied, the defendant must file a response within 14 days.
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Similar to The Indispensible Local Counsel - Partnering with Lead Counsel in Kansas Litigation
The not so secret service rules for the modern the barrister magazineDouglas McPherson
More and more barristers are engaging in client service review programmes but what do they achieve? What will you learn from talking to your clients? And how will that insight benefit Chambers?
What are the main responsibilities of a district criminal defense lawyer?ConcordMasslaw1
A district criminal defense lawyer specializes in defending individuals who are facing criminal charges in the district court. This court typically deals with lower-level offenses such as misdemeanors and minor felonies. While district criminal defense lawyers may also handle cases in higher courts, their primary focus is on representing clients in district court proceedings.
What are the main responsibilities of a district criminal defense lawyer?ConcordMasslaw1
A general practice lawyer is a legal professional who handles a wide range of legal matters. From real estate transactions to family disputes, these lawyers have a broad knowledge of various areas of law. However, when it comes to criminal defense, it is crucial to seek the expertise of a district criminal defense lawyer.
Visit:-http://concordmasslaw.com/practice-areas/criminal-defense/
"Mediation is a meaningful and successful way to resolve a lawsuit or significantly narrow the disputed issues, but counsel’s commitment to the mediation process is critical. Here’s our view on the top ten ways to inadvertently submarine your mediation." From Shelley Leinicke and Art Garcia.
Auto Injury Litigation From Start to Finish Woodrow Glass
This document discusses the importance of thoroughly investigating potential cases before filing litigation. It recommends conducting a case screening which includes reviewing jury instructions and similar past cases. The initial client interview and questionnaire are important for gathering accurate facts and assessing if the client will be likeable to a potential jury. Pre-suit investigation should include obtaining relevant documents like medical records, accident reports, social media, and background checks. Developing an expense budget is also recommended to evaluate if the likely case value justifies costs. Thorough pre-filing investigation helps maximize case value and increases the chances of a successful outcome for both the client and attorney.
Auto Injury Litigation From Start to FinishWoodrow Glass
This document discusses the importance of thoroughly screening potential cases before accepting representation. It emphasizes reviewing elements and facts needed to prove legal theories, researching recent verdicts, monitoring social media, and carefully evaluating the client's likability and version of events during an initial interview. Conducting pre-suit investigation helps avoid disappointment from adverse rulings or defense verdicts that could result from hastily filed cases without properly screening facts and legal viability first.
THE TORT OF OUTRAGE IN KANSAS - INVOKING A COURT'S THRESHOLD DETERMINATIONAmy Morgan
This document discusses who may attend depositions under the Federal Rules of Civil Procedure and case law. It begins by outlining the issue of non-parties attempting to attend depositions and the purpose of determining their eligibility. It then analyzes Rule 615 of the Federal Rules of Evidence regarding excluding witnesses at trial and compares this to Rule 26(c)(5) of the FRCP regarding seeking a protective order to exclude individuals from depositions. The document also discusses the split among courts on whether Rule 615 applies to depositions or if Rule 26(c)(5) alone governs. It concludes by examining how these rules have been applied regarding parties to an action attending their own or other depositions.
Valuing Real Estate Assets (Series: Ethical Issues in Real Estate-Based Bankr...Financial Poise
As the expression goes, the value of real estate is in the eye of the beholder. Ultimately, the value is whatever the market is willing to pay. While income producing properties, particularly with credit worthy tenants, may be fairly routine to value based on current rate of return demands in the market, non-income producing properties may be more speculative. For example, even the most seasoned appraiser may struggle with finding comparative sales for a property. A landowner might see their property value go up exponentially “if only” the city council will allow for a zoning variance. Many an owner believes their property is in the “path of progress”, but when? Is it reasonable to value a property “as stabilized” if it is only forty percent leased? These are the types of questions we will consider.
To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/valuing-real-estate-assets-2020/
The document discusses the risks and benefits of unbundling legal services, as well as how to minimize malpractice exposure when providing unbundled services. It notes that unbundling allows for more affordable services but also greater risks if clients do not follow through. Key recommendations include carefully screening clients and cases for suitability, having clear agreements that document responsibilities, and properly managing the attorney-client relationship including clear disengagement. The document also discusses some additional considerations for providing unbundled services online.
Opposing Cert - A Practitioner's Guide by Public CitizenUmesh Heendeniya
This document provides an overview of resources and strategies for opposing a petition for certiorari in the Supreme Court after winning a case in a lower court. It recommends consulting key reference works like Supreme Court Practice and the Rules of the Supreme Court, as well as the Supreme Court website and Clerk's Office. It also suggests obtaining assistance from experienced Supreme Court practitioners. The document reviews the certiorari process and timeline to understand how to maximize the odds of the Court denying cert.
The document discusses using a case mediator to facilitate communication in collaborative law cases. It outlines how the mediator can develop a communication plan to identify stakeholders' needs, address potential barriers, and improve information sharing throughout the process. The mediator would work with attorneys to determine when mediation of issues is needed, such as for positional disputes. The communication plan elements include needs assessment, development, implementation, and evaluation to build trust and make the collaborative process more efficient.
This document discusses the role of lawyers in providing advice and engaging in negotiations on behalf of clients. It notes that giving advice and negotiating are among the most common tasks lawyers perform. When giving advice, lawyers must consider relevant laws and how courts may rule, alongside clients' goals and options. Negotiations often involve making proposals, considering counterproposals, and compromising to reach agreements. Lawyers must be equipped with proper authority before negotiating and ensure any agreements are legally binding. The document provides details on lawyers' involvement in various types of negotiations, including real estate matters.
A civil litigation attorney will guide a client through the entire non-criminal lawsuit process, including filing papers and pursuing the case in court. The attorney can also advise whether the case is best handled in or out of court. Some essential qualities of a civil litigation attorney include the ability to clearly communicate, persuade others, have strong interpersonal skills, negotiate effectively, explain fees upfront, continuously learn the law, be honest, stay organized, appear confident, and have expertise in rules of evidence.
The document discusses the importance of estate planning and protecting estates from legal challenges. It recommends holding a family conference mediated by a professional to discuss the estate plan and any concerns family members have. At the conference, the mediator will work to resolve issues and have all family members sign a family constitution agreeing not to contest the will. Once signed, the necessary legal documents like wills and trusts can be prepared to implement the estate plan.
The document discusses the importance of estate planning and protecting assets from legal challenges. It recommends drafting a will with proof of mental capacity and proper execution to avoid claims of undue influence. It also suggests documenting any gifts and using a family conference mediated by a professional to resolve disputes, sign a family constitution approving the estate plan and prevent will contests. The goal is to implement the agreed upon plan through necessary legal documents while reviewing the estate regularly to ensure it still reflects wishes.
The document discusses the importance of estate planning and protecting estates from legal challenges. It recommends holding a family conference mediated by a professional to discuss the estate plan and any concerns family members have. At the conference, the mediator will work to resolve issues and have all family members sign a family constitution agreeing not to contest the will. Once signed, the necessary legal documents like wills and trusts can be prepared to implement the estate plan.
This document discusses establishing healthy boundaries in the attorney-client relationship. It emphasizes the importance of respect, trust, and rapport between attorneys and clients. Some key points discussed include setting reasonable expectations with clients, understanding client goals, developing a shared understanding of each party's role and responsibilities, and maintaining open communication. The document also provides guidance on addressing potential issues that could challenge boundaries, such as clients with mental illness, domestic violence victims, cultural differences, and difficult personalities. Throughout, it stresses maintaining a normal client-attorney relationship built on mutual understanding and respect.
Dealing with difficult judges, difficult examiners in immigration courtUmesh Heendeniya
This document provides tips for dealing with difficult judges and immigration officers when representing clients. It begins by advising attorneys to remain calm and professional, and to make a clear record of any bias or unfairness. It then outlines guidelines that judges and officers must follow, and mechanisms for filing complaints if they are not followed. These include appealing removal orders, complaining to a supervisor or oversight agencies, and filing motions to recuse a biased judge. The document stresses maintaining courtesy while firmly advocating for clients' rights.
This document provides contact and background information about Leslie Schwaebe Akins, an attorney and principal of Leslie Schwaebe Akins, A.L.C. It details her areas of focus and practice including bankruptcy litigation, business litigation, and employment litigation. It lists her bar memberships, court admissions, education, experience litigating complex cases, and affiliations.
The Divorce Legal Process: A Step by Step Guide on How to DivorceIBB Law
IBB's divorce and family lawyers have created a guide on "The Divorce Legal Process" . For more information on how to start the divorce process please visit:
https://www.ibblaw.co.uk/service/family-matrimonial
For advice on mediation during a divorce:
https://www.ibblaw.co.uk/service/family-matrimonial/divorce-mediation
Children, finances and Divorce:
https://www.ibblaw.co.uk/service/family-matrimonial/children-and-divorce
Legal Separation:
https://www.ibblaw.co.uk/service/family-matrimonial/legal-separation
Cohabitation Agreements
https://www.ibblaw.co.uk/service/family-matrimonial/cohabitation-agreements
The Family Law Team
IBB Solicitors
Capital Court
30 Windsor Street
Uxbridge
UB8 1AB
Telephone: 03456 381381
Similar to The Indispensible Local Counsel - Partnering with Lead Counsel in Kansas Litigation (20)
The document summarizes the statutes of limitation for various commercial claims under Kansas law, including:
- The statute of limitations is 3 years for account stated and antitrust claims, 5 years for express contracts, 3 years for oral contracts, 4 years for UCC breach of contract claims, and 2 years for breach of fiduciary duty, conversion, and fraud claims.
- The limitations period begins at the time of the breach for most contract and commercial claims, and when the injury becomes reasonably ascertainable for tort claims like conversion and fraud. Discovery rules and tolling may also apply to determine accrual date in some cases.
This document summarizes the procedures for responding to a civil complaint filed in Kansas state court. It addresses the timeline for filing a response, options for extending the deadline, and types of allowable responses such as an answer, motion to dismiss, or motion for a more definite statement. It provides details on filing pre-answer motions and the procedures that apply, including requirements for papers, the plaintiff's response, optional reply, and whether oral argument or discovery are stayed pending the decision. If a pre-answer motion is denied, the defendant must file a response within 14 days.
This document provides a summary of litigation procedures and court structure in Kansas. It discusses the state's appellate courts (Supreme Court and Court of Appeals), trial courts (District Courts and Municipal Courts), and key statutes and rules governing litigation procedures. Direct appeals can generally be made from District Courts to the Court of Appeals, and from the Court of Appeals to the Supreme Court. The Supreme Court has discretion to review Court of Appeals decisions. To become a member of the Kansas bar, attorneys must graduate from an ABA-accredited law school, pass the bar exam, and prove good moral character and mental fitness. Kansas offers reciprocity to attorneys admitted in other states.
KBA CLE Attract and Retain Top Attorney TalentAmy Morgan
This document discusses strategies for law firms to attract and retain top attorney talent, especially women. It notes that while law school graduates are now evenly split between men and women, women remain underrepresented at the partnership level. Common reasons for women leaving law firms include difficulties balancing work and family responsibilities given the billable hours model and lack of flexibility. The document also cites lack of mentoring, fewer opportunities for business development, and bias in work assignments and perceptions of commitment as contributing factors. It stresses the importance of effective flexibility policies, mentorship programs, and diversity initiatives to support women's advancement and reduce attrition rates.
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The document discusses strategies for informal discovery that can help reduce litigation costs. It defines informal discovery as obtaining factual information without formal requests to opposing counsel. Some benefits of informal discovery include not requiring cooperation from the opposition, being unconstrained by discovery schedules, and potentially revealing key evidence. The document provides examples of informal discovery methods like searching online court dockets, secretary of state websites, social media sites, paid databases, witness interviews, public records requests, and speaking with opposing counsel. It emphasizes keeping informal discovery budget-conscious and within ethical rules.
Informal Discovery Simple Strategies for Cost-Effective LitigationAmy Morgan
The document discusses strategies for informal discovery that can help reduce litigation costs. Informal discovery involves obtaining factual information without formal requests to opposing counsel and includes searching online court dockets, secretary of state websites, social media sites, and conducting fee-based searches and witness interviews. Examples are provided that show how informal discovery uncovered crucial information that altered cases, such as finding contradictory testimony or establishing a party was not properly registered. Keeping discovery costs low while still obtaining necessary information benefits budget-conscious clients.
know-how that gives lawyers a
This document summarizes the process for appealing a decision of an intermediate appellate court to the highest court in Kansas. It addresses starting an appeal as of right or by permission, obtaining a stay pending appeal, submitting briefs and an appendix, and participating in oral arguments. The summary provides that a party can appeal as of right if a constitutional question is raised for the first time, and can appeal by permission for other rulings. It outlines the procedures for filing a petition for review, responding, and submitting supplemental briefs. Oral argument is available unless the case does not present a new legal question or argument would not be helpful. Parties have 30 minutes or less for oral argument
This document summarizes the process for appealing court decisions in Kansas. It discusses the types of rulings that can be appealed as of right, such as final judgments, injunctions, and orders involving the constitution. It also outlines the process for appealing these decisions, which involves filing a notice of appeal within 30 days. The document also discusses appealing interlocutory orders by permission, which requires the trial court to state the order involves a controlling legal issue and could expedite the case, and then filing an application for permission to appeal within 14 days. The appellate courts in Kansas are limited to reviewing questions of law and whether facts are supported by evidence.
The Indispensible Local Counsel - Partnering with Lead Counsel in Kansas Litigation
1. Kansas Defense Journal Spring - 2012 Page 5
Increasingly, some of the nation’s most
complex and high-profile litigation is
handled by a defendant’s national or
regional counsel with the assistance of
local counsel from the forum jurisdic-
tion. Kansas courts have served as the
forum jurisdiction for numerous class
action lawsuits and other sophisticated
litigation over the years. Being retained
as local counsel in Kansas offers a re-
warding opportunity to work with other
first-rate attorneys on prominent cases.
Whether the role as Kansas local coun-
sel is limited in scope or expansive, it is
a vitally-important one, both to lead
counsel and the client.
By heeding a few key principles when
serving as Kansas local counsel, an
attorney can greatly contribute both to
the comfort level and satisfaction of
lead counsel and to a positive outcome
for the client. Keeping the following
suggestions in mind can help an attor-
ney become a top-notch local counsel –
one who can provide indispensible as-
sistance and help the lead counsel
shine.
1. Clearly understand the scope of
your role, and be flexible to future
modification of that role. First and
foremost, ensure that your antici-
pated role as Kansas local counsel
is clearly defined. Subject to the
required involvement of local coun-
sel noted in Sections 2 and 3 be-
low, make sure that you otherwise
understand, up-front, who will have
responsibility for initiating and/or
responding to discovery, drafting
substantive briefs, handling deposi-
tions, and participating in trial. In
some cases, lead counsel may an-
ticipate that he or she will handle
virtually all aspects of the case with
minimal assistance from local
counsel. In other cases, lead coun-
sel may serve in a more administra-
tive role, requesting that local coun-
sel take the laboring oar. Some-
times these roles will be plainly
delineated in written local counsel
guidelines, but if no guidelines exist
make sure your lead counsel spells
it out to you. Then, retain flexibility
about handling your designated
aspects of the case. The role of
local counsel is often subject to
fluidity and revision as the case
progresses and sometimes local
counsel has minimal control over
whether his or her role expands or
contracts in size. Lead counsel
who becomes swamped should be
able to depend on local counsel to
pinch-hit with research, brief writing
or fact discovery whenever neces-
sary. Similarly, building a trusting
relationship and making a first-rate
effort during the pendency of the
case has the potential to lead to
more responsibility as the case
progresses.
2. Fulfill your duty beyond just signing
court filings. Kansas Supreme
Court Rule 116 requires in all pro
hac vice admissions that “[t]he
Kansas attorney of record shall be
actively engaged in the conduct of
the case; shall sign all pleadings,
documents, and briefs; and shall
be present throughout all court or
administrative appearances.” Simi-
larly, D. Kan. Rule 83.5.4(c) re-
quires that “[a]ll pleadings or other
papers signed by an attorney ad-
mitted pro hac vice must also be
signed by a member of the bar of
this court in good standing, who
must participate meaningfully in
the preparation and trial of the
case or proceedings to the extent
the court requires. “Because of
local counsel’s duty to actively par-
ticipate in the representation of the
client, it is impermissible to blindly
rubber-stamp filings and send them
to the courthouse for filing. Local
counsel is ultimately charged with
supervising lead counsel’s conduct
and accountability under K.S.A. 60-
211 and F.R.C.P. 11 should not be
taken lightly. Local counsel must
be satisfied
that a reason-
able basis
exists for rep-
resentations
made within
all filings pur-
suant to K.S.A.
60-211(b) and F.R.C.P. 11(b), even
if questioning such basis with lead
counsel could temporarily cause
tension.
3. Offer your involvement in meet-and-
confer opportunities with opposing
counsel, particularly over discovery
disputes. Involvement of Kansas
local counsel can be particularly
helpful when discovery disputes
arise, beginning with drafting of
golden rule letters, all the way
through filing motions to compel.
Kansas local counsel should en-
sure compliance with local meet
and confer requirements, such as
the D. Kan. Rule 37.2 admonition
that “[a] ‘reasonable effort to con-
fer’ means more than mailing or
faxing a letter to the opposing
party” and the attendant require-
ment to “in good faith converse,
confer, compare views, consult,
and deliberate, or in good faith at-
tempt to do so.” Often, bold discov-
ery stances that may be the norm
in some metropolitan jurisdictions
may not be well received in Kansas
courts. If your lead counsel comes
across as uncivil, it could detrimen-
tally impact the case, so local coun-
sel’s guidance and involvement is
important.
4. Know your local rules and informal
practices inside and out. Local
counsel must demonstrate familiar-
ity with the Kansas Rules of Civil
Procedure and with local rules and
practice to assist lead counsel
knowledgeably and effectively. If
you cannot adeptly advise lead
counsel as to the nuances of prac-
(Continued on page 6)
THE INDISPENSIBLE LOCAL COUNSEL: PARTNERING WITH LEAD
COUNSEL IN KANSAS LITIGATION
Amy E. Morgan
Polsinelli Shughart
2. Kansas Defense Journal Spring - 2012 Page 6
ticing in the Kansas courts, then a
huge opportunity is lost. Convey
important procedural concepts
early, and ensure continued compli-
ance with all rules throughout.
5. Provide evaluative information re-
garding the judge, local opposing
counsel, and the jury pool. The
defense’s strategy may hinge on
the judge that was drawn, the op-
posing counsel in the case, or the
track record of the jurisdiction for
its jury results. Lead counsel must
be able to depend on local counsel
for education and insight as to Kan-
sas courts and its players, i.e.,
reputation, preferences and pet
peeves of the judge on the one
hand and qualifications, experi-
ence, and track record of opposing
counsel on the other hand. If local
counsel has access to recent jury
verdicts that demonstrate an in-
structive trend with Kansas jury
perceptions, it can be invaluable. If
you lack the personal familiarity
needed to provide this evaluative
information, promptly solicit feed-
back from your colleagues at your
firm. If you are a sole practitioner
or colleagues within your firm have
no helpful input, reaching out to
members of the Kansas Associa-
tion of Defense Counsel through
our organization’s list serve (http://
finance.groups.yahoo.com/group/
kadclistserve) is the next best
thing.
6. Respect the relationship lead coun-
sel has developed with his or her
client and steer clear of getting
between them. Lead counsel has,
no doubt, worked hard to earn and
develop the relationship with its
client. There is no place for local
counsel acting as a vulture with
attempts to interject him or herself
into the relationship or to selfishly
try to capitalize on it. Short of
some ethical impasse that requires
intervention, the focus of local
counsel should be on serving lead
counsel well. Work hard to impress
and cooperate with lead counsel
and it may be a rewarding relation-
ship of its own in the future, but
trying to shine the spotlight on your-
self in front of the client for selfish
gain will likely only come back to
haunt you.
7. Support the seamless defense
strategies the client has developed
in utilizing national or regional
counsel. One of the key benefits of
a client relying on national or re-
gional counsel is the consistency
with which similar or copycat cases
may be defended. The client’s dis-
semination of information, consis-
tency in pleadings, analysis of mer-
ited defenses, appropriate discov-
ery responses and development of
persuasive trial themes all may be
enhanced when lead counsel over-
sees this continuity. If you handle a
filing without review by lead coun-
sel and it inadvertently compro-
mises the client’s position on an
issue, that inconsistency will cer-
tainly be manipulated by opposing
counsel to his or her benefit. Make
sure not to compromise the tactical
stability the client has endeavored
to maintain by making a renegade
filing or verbal statement.
8. Defer to lead counsel’s in-depth
knowledge of the client and the
facts, offering a fresh and objective
perspective if warranted. Particu-
larly when a client is faced with
copycat lawsuits across the nation,
it is an asset to the client that its
lead counsel knows the facts, the
issues, the defenses (strong and
weak), and likely knows the lead co
-defense counsel as well as the
lead opposing counsel behind the
litigation. Maintaining consistency
from case to case is vital and can
make a difference between pre-
senting a tried-and-true defense or
rendering a crippling blow to the
client. At the same time, if lead
counsel seeks your fresh perspec-
tive on certain aspects of the case,
be candid and offer them for what
they are worth.
9. Be a great host when lead counsel
comes to town. Enjoy the opportu-
nity for fellowship when your lead
counsel comes to town. Provide
recommendations on hotels and
restaurants far in advance, and
treat him or her to a memorable
meal or event. You may find that a
small gesture toward collegiality is
the best memory that each of you
have of the litigation, even years
later.
10. Swallow your pride and serve with
grace. Serving as local counsel is
no place for unfettered hubris.
Even if you happen to be a veteran,
silver-haired dean of the trial bar in
Kansas – accustomed to running
the show with your own clients –
make sure to defer to and respect
the role of the lead attorneys, be-
cause the client relies on lead
counsel for good reason. You may
find it difficult to take instruction
from another attorney, particularly
if the lead law firm includes a team
of fine attorneys many years your
junior. But serving as local counsel
takes the right demeanor and atti-
tude. Develop an “At Your Service”
attitude and get over any stigma
that you must play second fiddle to
lead counsel.
The success of the relationship be-
tween local counsel and lead counsel
depends on many variables, but follow-
ing the above “best practices” will go a
long way to developing a productive and
positive relationship. Enjoy the opportu-
nity to be a part of a worthy team, and
you could ultimately become an indis-
pensible partner in the success of the
defense in Kansas.
Amy Morgan is a shareholder at Polsi-
nelli Shughart PC in Overland Park. She
represents businesses and individuals
in all aspects of commercial litigation,
including pre-trial, trial, appeals and
alternative dispute resolution.
This article was first published by Ms.
Morgan on September 14, 2011 as
“The ‘Compleat’ Local Counsel: Best
Practices for Serving Your Lead Counsel
Well” in DRI’s The Voice, Vol. 10, Issue
37.
(Continued from page 5)