linkP.O. Box 414557 • Kansas City, MO 64141

March 2005 • Volume 17 • Number 1www.awl-kc.org

OFFICERS

Tracy L. Powell, PresidentB. Janeen deVries, President-Elect

Margaret Dean, TreasurerTracy Bornman, Secretary

Kim Fournier, Asst. SecretaryMegan C. Thornberry, Past President

MEMBERS OF THE BOARD

AWARDS & SCHOLARSHIP:Jennifer Dameron, Chair

Nikki Cannezzaro, Vice-Chair

JUDICIAL:Anne Post, Chair

Diana C. Toman, Vice-Chair

MEMBERSHIP:Tamara J. Anfang, Chair

Amanda Pennington Ketchum, Vice Chair

COMMUNITY SUPPORT:Mira Mdivani, Chair

Jolie Justus, Vice Chair

SOCIAL ACTIVITIES:Stacey McLey, Chair

Jennifer Chapin, Vice Chair

CONTINUING LEGALEDUCATION:

Lara Dickey Lewis, ChairElle Sullivant, Vice Chair

BOARD MEMBERS AT-LARGEShelley Ericsson

Beverly WeberPascale ZaldivarSuzanna Trower

Kimberly GibbensCourtney Hueser

©2005 Association for Women Lawyers of Greater Kansas City

Board of Directors

DATE .......... EVENTMarch 10 ...............Financial Workshop by Planned Approach, 5:30-7:30 p.m. (Central Exchange)

April 6....................AWL Lunch CLE "Be Civil or Be Sanctioned," 11:30 a.m. to 1:30 p.m. (Central Exchange)

April 13..................The Daily Record’s 2005 KC Legal Leaders of the Year Awards Luncheon, 11 a.m., Hyatt

April 21..................Spring Judicial Reception, 5:30-7:30 p.m. (Lidia's)

May 4.....................AWL Lunch CLE,Topic TBA, 11:30 a.m. to 1:30 p.m. (Central Exchange)

June 16...................Summer Social,Time and Location TBA

August 17...............Legislator's Breakfast, 7:30-9:00 a.m. (First Watch,Westport)

September 23.........Golf Tournament, 12:30-5:00 p.m. (Teetering Rocks Golf Course)

October 13..............Past Presidents' Reception, Time and Location TBA

December 13..........Annual Meeting, 4:30-5:00 p.m., Location TBAHoliday Judicial Reception, 5:00-7:00 p.m., Location TBA

Association for Women Lawyersof Greater Kansas City

ink

it in

...A lthough it may be cold

outside right now, AWL ishard at work planning a

wonderful spring event. OnThursday, April 21, 2005, AWL willhost its annual Spring JudicialReception at Lidia's Kansas City.Lidia's is located in a restoredfreight building at 101 West 22ndStreet, just north of Union Station.The event, which honors Missouriand Kansas state and federal trialand appellate judges, begins at5:30 p.m. and will feature a sam-pling of Lidia's wonderful Italiancuisine and wines.

During the Spring JudicialReception, AWL will also sponsor

Hope House.Hope Houseis Missouri's largestdomestic violence shelterwith two secure locationsin Independence andLee's Summit. Each loca-tion features a 52-bedshelter, early childhood

center, therapy space, administration offices,and community training facilities. Hope

House's mission is to break the cycle of domes-tic violence by providing safe refuge and sup-portive services that educate and empowerwomen and their children. Hope House's hot-line and programs help more than 15,000 bat-tered women and children each year.

Presently, Hope House is in critical need ofsleepwear, underwear, and socks for women

AWL’s spring judicial receptionset for April 21st at Lidia’s

AWL’s Judicial Receptions are a wonderful opportunity to meet with judges, col-leagues and friends. Above, Judge Ann Mesle, Denise Henning, Tracy Powelland Tamie Anfang celebrated the honors AWL bestowed upon each of them atthe Annual Meeting.

continued on page 10

For more photosfrom our

Annual Meeting and Judicial Reception

in December,see page 8.

2 the AWL link March 2005

ell, it’s that time of the yearagain when organizations,including AWL, are sendingout their membership

renewal forms. You may have looked atthem, maybe even filled them out, orquite possibly just thrown them into the

junk pile and asked whether you really need to belong any-way ... I am here to encourage you(if you have not already done so) tosend in that AWL membershipform. Being an AWL member defi-nitely has its benefits.

First, while AWL has grown itsmembership to over 300 womenand men, it places a high value onthe individual member. Each mem-ber's character, knowledge, and individuality strengthensour membership as a whole. Many of our members writeand contribute to our newsletter, The Link. We always wel-come member articles, ideas, and suggestions.Additionally, there are numerous opportunities to getinvolved in the planning and organizing of events such asthe “I’m not serious about Golf Tournament” in September.

Second, AWL offers a wide variety of settings, such associals, CLEs, and networking breakfasts to meet and net-

work with other attorneys and judges in the community.These events are great opportunities to expand your AWLcontacts, which may lead to a new job, a referral, or a last-ing friendship. The AWL contacts and friendships that youbuild will serve as a foundation for your career in the futureto come.

Third, AWL offers its members specific benefits and dis-counts to businesses throughout the metropolitan area.

AWL has teamed up with over 15affinity members ranging fromLe Vine’s Urban Flower and WineMarket to the Yoga Gallery,which through the use of yourAWL membership card, allowyou an opportunity to save somehard-earned cash.

Last, AWL is FUN! AWL offersevents almost monthly to its members. These eventsinclude the Spring Judicial Reception at Lidia’s and theAnnual Holiday Party in December. Check out the Ink It Insection in this month’s Link. There are many opportunitiesto socialize and enjoy the company of colleagues andjudges; and it is a chance to unwind outside the stress andpressure of the office.

So, I encourage you to send in that AWL membershiprenewal. I promise you it will be an exciting year!

The AWL contacts and friendshipsthat you build will serve as afoundation for your career in thefuture to come.

An exciting year awaitsAWL members

pres

iden

t’s

mes

sage

by T

racy

Pow

ell

W

NEW AWL BABIES

Heather Jones had a little girl namedMadelyn Grace Longon December 3, 2004.Madelyn weighed 8pounds 4 ounces.

Jennifer StackhouseMoore had a little girlnamed Peyton Harperon December 27, 2004.Peyton weighed 8 pounds3 ounces.

Diana Toman had a little boy named ParkerBryant Toman on January 6, 2005. Parkerweighed 7 pounds 10 ounces.

Congratulations to all!

BEST OF BAR WINNERSAWL congratulates the following members who

were recently named Best of the Bar by the Kansas City Business Journal:

Steve BoughChristine DeMarea

Denise DrakeChristina Gondring R. Denise Henning

Sly JamesPaul KavanaughNancy Kenner

Elaine Drodge KochSusan Linden McGreevy

Richard McLeodMira Mdivani

Cynthia Dillard ParresRussell PowellDale Youngs

March 2005 the AWL link 3

What’s going on ...

Have news to share?If you are an AWL member and

would like to share information or writean article for the newsletter,

contact Tracy Bornman attlb@hoveywilliams.com or

((881166)) 447744--99005500 ((881166)) 447744--99005577 ((ffaaxx))

Meet your new 2005 AWL Board Members

Kingston becomes partnerat Bratcher & Gockel, L.C.

Jennifer J. ("Jenny") ChapinJennifer is an associate in the Trial Department at PolsinelliShalton Welte Suelthaus P.C., where she has been practicinglaw since 1999. Prior to attending law school at QuinnipiacUniversity School of Law in Hamden, Connecticut, Jennywas a scientist with Pfizer Inc's worldwide research head-quarters in Groton, Connecticut. In her spare time, Jennyvolunteers her legal skills, pro bono, to the VolunteerAttorney Project. Jenny is married to Walker Woods andhas one child, a son, Chapin Paxton Woods.

Kim GibbensKim is Of Counsel at Shook, Hardy and Bacon, L.L.P. andpractices in the firm's National Health Law Practice Group.Prior to law school, she was a medical social worker at aKansas City metropolitan hospital. Outside of the office,you'll likely find Kim on the golf course with her significantother, spending time with family, or involved with otherorganizations such as the Executive Women's GolfAssociation, Metropolitan Lutheran Ministries, andOperation Breakthrough.

Courtney A. HueserCourtney is an employment litigation associate with the lawfirm of Constangy, Brooks & Smith, LLC, and representsexclusively employers in all employment-related matters.She is a 1998 graduate of the University of Missouri —Kansas City School of Law and a former judicial law clerk tothe late Honorable Floyd Gibson of the United States Courtof Appeals for the Eighth Circuit.

Suzanna TrowerSuzanna is a 1996 graduate of KU law school. She is ashareholder of McDowell, Rice, Smith & Buchanan, P.C.where she has been employed since October, 2002.Suzanna's practice is devoted to civil litigation, includingpersonal injury, professional liability, employment, andprobate litigation.

Beverly M. WeberBeverly M. Weber is a 2001 graduate of the University ofMissouri Kansas City School of Law. Beverly has been anassociate at Martin, Leigh, Laws & Fritzlen, P.C. for thepast two years. She is a member of the Missouri andKansas Bars, The American Bar Association, Kansas CityMetropolitan Bar Association, Kansas Trial Lawyers, andthe Women’s Mortgage Industry Network. She participat-ed in the 2004 Ross T. Roberts Inn of Court. Beverly con-centrates her practice in the areas of civil litigation andcreditor’s rights.

Pascale Henn Zaldivar Pascale rejoins the AWL board after a year hiatus after thebirth of her son. She is an attorney in Sprint's LitigationDepartment. Prior to joining Sprint, she practiced com-mercial litigation with Berkowitz Stanton Brandt Williamsand Shaw, LLP and started her legal career at Morrison &Hecker, LLP. Pascale lives in Lenexa, Kansas, with herhusband and two children. She enjoys studying languagesand cultures, cooking, and reading.

Courtney A.Hueser

Beverly M. WeberKim GibbensJennifer J.Chapin

Pascale HennZaldivar

Suzanna Trower

K risti L. Kingston hasbecome a partner of thefirm Bratcher & Gockel,

L.C. The firm's new name is Bratcher

Gockel & Kingston, L.C. Kristiwill continue to represent individ-uals in discrimination and person-al injury cases.

Congratulations and best wish-es, Kristi! Kristi L. Kingston

4 the AWL link March 2005

Wha

t’s

goin

g on

... C ircuit Judge Ann Mesle was appointed

by Gov. Roger Wilson in November2000.

She was employed with the firm of Lathrop& Gage L.C. from 1993 until her appointment asCircuit Judge.

Judge Mesle's prior legal experience includesseven years with Southwestern Bell Telephone,and four years with the firm of Achtenberg,Sandler & Balkin P.C.

Judge Mesle earned her Juris Doctor with

Distinction from the University of Missouri-Kansas City School of Law.

She served as President of the Kansas CityMetropolitan Area Bar Association in 1996.

Judge Mesle has earned many distinctions inher career, including being named UMKC LawSchool "Alumna of the Year" in 2000 and theAssociation of Women Lawyers "Woman of theYear" in 1999.

Congratulations to Judge Mesle for beingAWL's Judge of the Year for 2004!

2004 Judge of the Year — The Hon. Ann Mesle

AWL salutes Megan Thornberry who hasbeen named one of the ten best attor-neys in Missouri by Missouri Lawyers

Weekly for her integrity, professionalism, anddrive.

This honor comes as no surprise to thosewho know Megan both personally and profes-sionally. Megan aptly balances the demands offirst time motherhood while acting as Presidentand CEO of her father's company, AmericanWorldwide Forwarders, Inc., which she tookover from her father following his untimelypassing in 2003. American WorldwideForwarders, Inc. is a small shipping company that special-izes in shipping personal and household goods to militarypersonnel overseas.

Prior to assuming her current role, Meganwas a partner at the law firm of Walters,Bender, Strohbehn & Vaughn with a busy trialpractice. Megan reluctantly left the firm sheloved in order to focus her attention on herbeautiful baby girl and the demands of runningher own business.

Managing these responsibilities would beenough for most people, but thankfully for usMegan took on even more, guiding AWL asPresident in 2004, and continuing to serve cur-rently as Immediate Past President.

Megan sets a high standard for us all toachieve, while accomplishing her responsibilities withgrace and ease.

Congratulations, Megan!

Megan Thornberry one of ten ‘Best Attorneys’

2004 Woman of the Year — R. Denise Henning

R. Denise Henning is a shareholder ofHenning & Bough, P.C. The firm repre-sents plaintiffs who have been victims

of personal injury, wrongful death, medicalmalpractice, and transportation-relatedinjuries.

Denise began her legal career clerking for theHonorable Patricia Breckenridge of theMissouri Court of Appeals, Western District.She then entered private practice and devotedher practice exclusively to trials of civil caseswhere she has consistently won verdicts andnegotiated settlements for victims of personal tragedies.

Denise was chosen as one of five Up and ComingLawyers by Missouri Lawyers Weekly in 1999. TheMissouri Bar Foundation awarded Denise the Lon O.Hocker Award in 2002, which is given in recognition ofoutstanding trial skills. The Kansas City Business Journalnamed Denise "Best of the Bar" in Kansas City in 2002,2003 and 2004. Denise was recognized with the WomenWho Mean Business Award in 2003, an award givenannually to twenty-five women in Kansas City. Denise

has also twice received the Association forWomen Lawyer's President's Award.

Denise was the president of the Associationfor Women Lawyers of Greater Kansas City in2003 and served on the organization's Board ofDirectors for a number of years. She serves onthe Missouri Association of Trial AttorneysBoard of Governors as the Chair of theContinuing Legal Education Committee and isthe chairperson of the Missouri Bar's Tort LawCommittee.

Denise was the president of the Board ofDirectors of Sheffield Place in 2002 and 2003, a local long-term transitional living facility and educational programfor homeless women and their children, and served onthe Board of Directors for several years. She also serveson the Board of Directors of the Women's IntersportNetwork of Kansas City.

AWL greatly appreciates all the hard work Denise hasdevoted to the organization.

Thank you, Denise, and congratulations on this well-deserved honor!

The Hon. Ann Mesle

R. Denise Henning

Megan Thornberry

March 2005 the AWL link 5

Focus on the federal rules of civil procedure:

Why the long journey to the courtroombegins with Rule 26

By Jennifer J. ChapinPolsinelli Shalton Welte Suelthaus P.C.

First year law students sittingdown to their very first FederalRules of Civil Procedure ("FRCP")

class have no idea how important theFRCP will be to their daily practice,should they choose to practice law astrial attorneys. Aside from the fact thatthe FRCP course offers no "real world"frame of reference (like contracts ortorts) for law students, there is the FRCPtext, which, to the novice, is harder toread and understand than the fine printon a revolving line of credit agreement.The purpose of this article is to outlinebriefly for litigators some importantpractice considerations with respect toone FRCP.

Rule 26FRCP 26 ("Rule 26"), in particular, is

crucial to the progression of a civilaction pending in any United StatesDistrict Court. This is true because ofthe broad scope of its reach. Rule 26,which outlines the general provisionsregarding discovery in federal civilactions, covers all of these importanttopics:

(a) Required disclosures (initialdisclosures, disclosure of expert testi-mony and pretrial disclosures);

(b) Discovery scope and limits(including claims of privilege);

(c) Protective orders;(d) Timing and sequence of dis-

covery;(e) Supplementation of disclo-

sures and responses;(f) Conference of parties; plan-

ning for discovery; and(g) Signing of disclosures, discov-

ery requests, responses and objections.This article will discuss specifically

how a party's Rule 26 initial disclosurescan substantially impact a party's abilityto identify and call witnesses at trial.

Connection Between Making InitialDisclosures and Calling Witnesses Pursuant to Rule 26(a)(1)(A), parties to acivil action in federal court must, with-out awaiting a discovery request, pro-

vide to the other par-ties:

The name and, ifknown, the addressand telephone numberof each individual like-ly to have discoverableinformation that thedisclosing party mayuse to support itsclaims or defenses,unless solely forimpeachment, identify-ing the subjects of theinformation.

Some categories ofcivil proceedings are exempt from theRule 26 initial witness disclosurerequirement (i.e., actions to enforce orquash an administrative summons orsubpoena and actions to enforce arbitra-tion awards), but most civil actions areincluded within its reach. See Fed. R.Civ. P. 26(a)(1)(E). The obvious purposeof the disclosure requirements of Rule26 is to give the opposing party infor-mation as to the identification of per-sons with knowledge so they can becontacted in connec-tion with the litiga-tion for being inter-viewed, for beingdeposed or for doingbackground investi-gation. The BiltriteCorp. v. World RoadMarkings, Inc., 202F.R.D. 359 (D. Mass.2001). To impressupon the parties theirobligations to complyin good faith with theRule 26 initial disclo-sures, Rule 26includes warningsregarding sanctionsin its specific language. See Fed. R. Civ.P. 26(g)(3).

Disclosures of potential witnessesmust be made at or within 14 days afterthe parties have their Rule 26(f) discov-ery planning conference, unless a differ-ent time is set by stipulation or courtorder - or unless a party objects duringthe Rule 26(f) conference that initial dis-

closures are not appropri-ate in the circumstancesof the action and statesthe objection in the dis-covery plan. Most federaljudges order the parties tohold their Rule 26(f) con-ference within a certaintime after all defendantshave been properlyserved. This reality offederal practice begs thequestion: How is a partyto know, at such an earlystage in the life of a civilaction, who its potential

witnesses at trial might be?Rule 26 purports to have several

answers for that question. First, as men-tioned above, Rule 26 specifically statesthat a party may object that initial dis-closures are not appropriate under thecircumstances. Second, Rule 26 pro-vides a standard for parties to followwhen making the disclosures:

A party must make its initial disclo-sures based on the information then rea-sonably available to it and is not

excused from making itsdisclosures because ithas not fully completedits investigation of thecase or because it chal-lenges the sufficiency ofanother party's disclo-sures or because anotherparty has not made itsdisclosures.

Fed. R. Civ. P.26(a)(1). Third, Rule 26imposes a duty to sup-plement ("at appropriateintervals") on partieswho have made initialdisclosures if a partylearns that in some

material respect the information dis-closed is incomplete or incorrect - and ifthe additional or corrective informationhas not been otherwise made known tothe other parties during the discoveryprocess or in writing. Fed. R. Civ. P.26(e)(1).

It is this third "answer" that causes

FRCP 26 (“Rule 26”),in particular, is crucialto the progression of acivil action pending inany United StatesDistrict Court. This istrue because of thebroad scope of itsreach.

Jennifer Chapin

continued on page 10

Federal rules ofcivil procedure ...

6 the AWL link March 2005

Wha

t’s

goin

g on

...

Receive 2 Hours of Ethics while Having Lunch!*

THIRD ANNUTHIRD ANNUAL AL PRPROFESSIONALISM OFESSIONALISM

IN IN THE PRTHE PROFESSION:OFESSION:BE CIVIL OR BE SANCTIONED!

WHEN: April 6, 2005REGISTRATION FEE: $50.00 for AWL or Central Exchange Members $60.00 for non-membersTIME: 11:30 a.m.-1:30 p.m. (includes lunch)WHERE: The Central Exchange, 1020 Central, Kansas City, MO

THIRD ANNUAL PROFESSIONALISM IN THE PROFESSION: BE CIVIL ORBE SANCTIONED! (APRIL 6, 2005 AT THE CENTRAL EXCHANGE)

REGISTER BY MAIL: Please send your payment and completed registration form to: Lara Dickey Lewis, Sonnenschein Nath & Rosenthal LLP, 4520 Main Street, Suite 1100, Kansas City,MO 64111. Please make your check payable to: AWL

Name: _________________________________________________________________________

Address: ________________________________________________________________________

Phone Number: __________________________________________________________________

E-mail: _________________________________________________________________________

Register Early! To reserve seating and written materials, please register by March 25, 2005.

Walk-in registrants are welcome. Please call Lara at 816-460-2516 to ensure seating availability.

*Credit: This program is being approved for 2.0 CLE hours (including 2.0 ethics hours) in Missouriand Kansas.

Save the date!! Ad d i t i o n a l C L E P ro g r a m s f ro m AW L M ay 4 , 2 0 0 5Et h i c a l Co n s i d e r at i o n s : To p i c To B e A n n o u n c e d

March 2005 the AWL link 7

View

From the B

ench ...by The Honorable Ann Mesle16th Judicial Circuit of Jackson County

Our most recent election focused onmany issues that unite and divide usas a nation. Obviously, among the

issues that I was focused on was the inde-pendence of the judiciary. The issue is com-plex, but it is an issue about which all of ushave some understanding. It involves a mul-titude of related issues including by way ofexample, fears that judges not accountablethrough popular election will implement par-tisan or extremist agendas in their decisions,and fears that elected judges will be inappro-priately influenced by those who providethem financial support.

The reality of being on the bench is that the work of thetrial court is rarely about ideology or partisan considerations.Instead it is about the day-to-day requirements of securingjustice in a diverse society. Primarily, the courts focus ondealing with criminal law issues, personal injury litigation,contractual matters, staffing concerns, juries, and other mat-ters far removed from politics. We aren’t focused on politicalconsiderations when we serve as members of the judiciary.We are focused on evidentiary matters and on making deci-sions in a timely, efficient, and just manner.

The work of the Court requires dedicated judges. It alsorequires dedicated public defenders, prosecutors, and admin-istrative and clerical staff. As I see it, the primary threat to thejudiciary and the communities we serve is a lack of resources.As Missouri faces huge budgetary challenges, the courts alsoface serious funding problems. We hear rumors of possiblejudicial budget decreases at the level of 25 %. While such dra-matic funding cuts are unlikely, our courts will be hurt bycuts at a much smaller level. Wages for our judicial staff arealready ranked at 48 out of 50 states. Judicial AdministrativeAssistants with 30 years experience make about the sameamount of money as a novice legal secretary.

This just isn’t acceptable. Now we are facing the prospectof significantly increasing the workload of staff members for-

tunate enough to keep their positions and sub-jecting other members of our staff to potentialtermination. Other states facing similar issueshave taken drastic measures such as closingcourts one day a week and discontinuing theprocessing of misdemeanors. While I can’t seesuch actions here, I would hate to face thedecreased judicial efficiency that would resulteven from the process of determining how toabsorb such cuts.

Judges haven’t had a pay increase in overapproximately seven years. Most of us knewwe were going to make less money when wemoved to the bench, and at some level that’sokay. But eventually salaries do impact notonly the number of highly qualified people

who apply for judicial positions, but also the way we are per-ceived by the public andthe Bar. Seriously, haven’tyou heard comments fromother attorneys question-ing why someone wouldstay on the Bench ifhe/she could get a jobmaking more money?? Atleast as important, judgesface the morale problemsresulting from asking ourstaff to make even moresacrifices financially andin terms of increasedworkloads. Further, ourcomputer systems areinadequate, labor inten-sive, and cumbersome touse. Electronic filing is years away. Don’t misunderstand me,we’ve worked with these limitations, survived, and, for themost part, thrived. However, eventually, these sacrifices takea toll.

In September of 2004, the Honorable DonNorris was appointed by Governor Holden topreside over Division 6 of the Clay County

Circuit Court. Judge Norris received his Bachelorof Arts from William Jewel College in 1974, and hisJuris Doctor from the University of Missouri in1977.

While attending law school, he was a ClayCounty Deputy Sheriff. Following his graduationfrom law school, he began his legal career with theClay County Prosecuting Attorney’s office wherehe served until 1984. He also spent some timeworking for the Clay County Public Defender’soffice. From 1984 until 1999, Judge Norris was in private prac-tice with offices in Gladstone and Liberty, Missouri.

During his years as a private practitioner, Judge Norris

served in a number of other capacities as well.Those positions included being the MunicipalJudge for Pleasant Valley, Missouri from 19971998, the Prosecuting Attorney for the City ofLiberty, Missouri from 1985 1998, and theMunicipal Judge for North Kansas City, Missourifrom 1994 1995.

In 1999, Judge Norris left private practice andre-entered the realm of full time public servitudeby becoming the Clay County Prosecutor wherehe served until his appointment to the bench in2004.

Judge Norris has been married for 38 years tohis high school sweetheart Regina. Together they have 2 chil-dren and three grandchildren. AWL congratulates JudgeNorris on his appointment to the bench!

The independence of our judiciary is critical

Norris appointed to Clay County Circuit Court

The Hon.Don Norris

The Hon. Ann Mesle

The reality of being onthe bench is that thework of the trial courtis rarely about ideolo-gy or partisan consid-erations. Instead it isabout the day-to-dayrequirements of secur-ing justice in a diversesociety.

continued on page 10

8 the AWL link March 2005

AW

LP

hoto

Alb

um .

..20

04 A

nnua

l M

eeti

ng,

Judi

cial

Rec

epti

on

GGrreeaatt ttiimmee hhaadd bbyy aallll aatt AAWWLL’’ss AAnnnnuuaall MMeeeettiinngg

&& JJuuddiicciiaall RReecceeppttiioonnThe Association for Women Lawyers of Greater Kansas

City held its Annual Meeting, Holiday Party, and JudicialReception at the home of Past President, Nancy Kenner, onDecember 12, 2004.

The 2005 Board of Directors was elected at the meeting.Past President Denise Henning was honored by AWL with theWoman of the Year Award, and the Honorable Ann Meslereceived the Judge of the Year Award. President-Elect TracyPowell and Tamie Anfang received the President's Award fortheir outstanding work on the AWL Board of Directors.Attendance at the Judicial Reception was the best ever, as wasthe food! Sheffield Place was especially pleased with all of thetoys donated at the Holiday Party as they had many toysstolen the week before.

Thanks to everyone for their generosity and a great party!

Judge Whipple, Judge Fenner, Karen Hopkins, Judges Rhodes Russell, TheresaLevings and Judge Breckenridge posed for a holiday photo at the Judicial Reception.

Amanda Pennington Ketchum, Molly Bartalos, Beverly Weber andMira Mdivani enjoyed drinks and hors d’oeuvres at the JudicialReception.

Stacey Lett, Daphne Halderman, Betsy Badger and Nancy Dixon tookadvantage of the opportunity to visit with judges and fellow AWL mem-bers at the Judicial Reception.

Retired Circuit Court Judges John Moran and George Berryvisited with Judge Kathleen Forsyth at the Judicial Reception.

Donna Crosswhite, Linda Manlove-Braxton and Kori Carew visitedat the Judicial Reception.

Debbie Kavanaugh, Paul Kavanaugh and Nancy Kenner greeted guestsas they arrived at Nancy’s house for the Judicial Reception.

March 2005 the AWL link 9

A conversation with Margaret Dean mem

ber profile ...M

argaret Dean

By Mira Mdivani

Q: In 2004, you served on AWL's boardas Chair of the Community SupportCommittee. Why do you serve? Why didyou choose to chair CommunitySupport?

A: I think AWL is a great opportunity tomeet other attorneys, socialize, share issues,and resolve problems. I think it is an impor-tant organization for women lawyers in thecommunity. Through AWL, women nowhave a voice in what happens, and it is grow-ing stronger over the years. WhyCommunity Support? Most attorneys aremore fortunate than other people. It is impor-tant to understand our obligation to giveback to the community, to share knowledge,resources, and time through volunteering.

Q. Could you give us an update on AWL's CommunitySupport projects for the past year?

A. In 2004, at the Spring Judicial Reception, we collected towelsand bed linens for Synergy, a group home for troubled youth inParkville, MO. It was very well-received. For some reason, peopleare more willing to bring something rather than write anothercheck. In August, at the Persona event, we collected toiletries andmakeup for teenagers at KEYS, a group home. In October, at thePast President's reception, we collected dona-tions of gently used business clothing for theWomen's Employment Network. These dona-tions of clothing help women who are trying toget into the workforce. They can look profession-al at the interview and have something to wear towork. Our biggest success was the Holidayreception in December, where we collected toysfor children who live at Sheffield Place. When Iwas helping load the toys after the reception, Iwas told that moms staying at Sheffield Placewould get to choose toys for their kids the nextday. Prior to AWL's donations, there were veryfew toys. Thanks to all who donated, we madethe holidays come to kids and kept the magic ofSanta alive.

Q: In addition to your volunteer leader-ship at AWL, you have a busy practice.What kind of cases do you work on?

A: I do workers' compensation, personal injury, probate, andtraffic.

Q: What was your most difficult case? What about yourmost successful?

A: The most difficult case was probably Rulin vs. Irish. Itinvolved a scheme by an alleged proprietary taxidermist by thename of Alva Irish. She defrauded a husband and wife from

Russia who thought, based on a glossybrochure for Ms. Irish's business, that shecould train them to be better taxidermists.Instead of providing training and decent roomand board, she made them work in her busi-ness and provided a single cot in her base-ment. I took the case on a pro bono basis andwon it. It is always difficult to prove fault,and Ms. Irish was well-versed in pulling thewool over people's eyes. Ms. Irish was servedas she was loading a U-Haul to leave townwhen it became clear to her that she would besued. She tried to use the ImmigrationService to deport the couple when the lawsuitwas filed. Another difficulty was communi-cating with my clients because of their limit-ed English. When we won, I was justabsolutely delighted for my clients. As aresult of the publicity (the case was in theKansas City Star several times), a Texas taxi-

dermist studio, this time a reputable one, called them and offeredto train them - for free! I hope they are doing well.

My most successful case has been, so far, Knifong v.Caterpillar, Inc. On November 10, 2004, after an eight-day trial,a Jackson County, Missouri jury returned a verdict for my clientin the amount of 2.5 million dollars. This was one of the tenbiggest verdicts in Jackson County, Missouri in 2004. My client,Kevin Knifong, suffered a near total loss of vision in his right eyewhen a 12-volt battery exploded in his face. This products liabil-

ity case centered on a defective vent cap on thebattery. The way the cap was designed, it jet-ted the explosive hydrogen gas generated bythe battery through one tiny hole and alloweda spark to ignite this jet, creating a Bunsenburner effect. Once the flame was in the bat-tery, the battery detonated. Our attempts tosettle the case in 1998 were rejected byCaterpillar. Prejudgment interest of over $1million was added to the verdict. In trial, Iwas assisted by Scott Bethune. My client is anincredibly hard worker and continues to workas a mechanic despite having considerableproblems with his vision and difficulties withperforming the work. In many ways, he is likemy workers' compensation claimants - theyare hard-working people.

Q: Apart from AWL, what are your pas-sions and pleasures in life?

A: My husband. His name is Karl Sweers. I love swimming;it's my stress reliever. I like music both blues and jazz. I likeantiquing-shopping for old Kansas City memorabilia. I like host-ing dinner parties for family and friends.

Q: What is your advice to women who are now in thebeginning of their legal careers?

A: Decide what you want to do and do not give up. Keep trying.

My most successful

case has been, so far,

Knifong v. Caterpillar,

Inc. On November 10,

2004, after an eight-day

trial, a Jackson County,

missouri jury returned

a verdict for my client

in the amount of $2.5

million.

Margaret Dean

10 the AWL link March 2005

Rul

e 26

,V

iew

fro

m t

he B

ench

,R

ecep

tion

,co

ntin

ued

... some confusion among practitioners. Some courts hold thatknowledge of a potential witness is no substitute for compli-ance with Rule 26. See Mehus v. Emporia State Univ., 326F.Supp.2d 1213 (D. Kan. 2004) (excluding testimony of defen-dant's witnesses who were not disclosed in initial or supple-mental Rule 26 disclosures and rejecting defendant's argu-ment that such failure was harmless because plaintiff wasaware of those witnesses). See also Eppler v. Ciba-GeigyCorp., 860 F.Supp. 1391 (W.D. Mo. 1994) (striking from plain-tiffs' witness list those witnesses that were neither listed inplaintiffs' answers to defendant's written discovery nor men-tioned in plaintiffs' depositions). Even more troubling topractitioners is the threat of sanctions at trial — sometimesyears after the Rule 26 initial disclosures were made — forfailure to adhere to the strict requirements of Rule 26.

Rule 37 SanctionsThe disclosure obligations memorialized in Rule 26 are

directly referenced in Rule 37. A party that without substan-tial justification fails to disclose information required by Rule26(a) is not, unless such failure is harmless, permitted to useany witness not so disclosed. Fed. R. Civ. P. 37(c)(1). TheAdvisory Committee Notes state that the purpose of Rule37(c)(1) is to "provide a strong inducement for disclosure ofmaterial that the disclosing party would expect to use as evi-

dence. . . ." The sanction of exclusion is automatic andmandatory unless the party to be sanctioned can show that itsviolation of Rule 26(a) was either justified or harmless. U.S.v. Findett Corp., 75 F.Supp.2d 982, 994 (E.D. Mo. 1999) (inter-nal citations and quotations omitted).

The Advisory Committee Notes to Rule 37 also state thatthe exception for violations that are "harmless" is needed toavoid unduly harsh penalties in a situation where, for exam-ple, a party fails to list as a trial witness a person so listed byanother party. This is small comfort, however, for a party fac-ing a Rule 37 motion to strike a witness that all of the partiesknew about two-thirds through discovery, but which none ofthem deposed because they never considered that the indi-vidual might be called as a witness at trial - by any of the par-ties, adverse or not.

ConclusionTo ensure that a client is not blindsided by a Rule 37

motion to strike a witness on the eve of trial, an attentive trialattorney should make it a point to supplement her Rule 26initial disclosures.

Rule 26 supplementations should be made well before theclose of discovery. Such a practice will deter arguments thatthe other parties were denied the opportunity to conduct dis-covery with respect to any particular witness — or were sur-prised entirely by any of the witnesses named on the client'switness list.

Rule 26, continued from page 5

Judicial Reception, continued from page 1

and children of all ages and sizes, plus sizes included.Therefore, AWL hopes to collect these items from Kansas’sand Missouri's generous judges and lawyers who attend theSpring Judicial Reception. Donations of new sleepwear,underwear and socks — in all sizes — will be collected at theevent for delivery to Hope House.

Please join AWL for a fine spring evening of socializingwith your colleagues and with the judiciary. Not only willyou enjoy the opportunity to get out of your office after thelong, dark winter, you will feel good about contributing to aworthy cause for area women and children in need.

Prosecutors and public defenders, including some ofthe finest litigators in the state, work hard while makingonly a little over a third of the starting salaries of asso-ciates in the largest law firms. At the same time, ourcriminal and civil dockets continue to grow. We mustcontinually accomplish more with less. While we willmaintain our commitment to performing our responsi-bilities at the same quality level or higher, there is noway to ignore the fact that dedication alone is notenough to accomplish our goals. We need the supportof the Bar, the civic community, Missouri governmentleadership, and the community in order to reach ourgoals.

If you are so inclined, take a minute to talk amongyourselves in Bar association and committee meetings,talk to your elected representatives, and invite us toyour meetings so we can share our thoughts with you.

Together, we will get it done!

View from the Bench, continued from page 7

2005 AWL Directory in production

Don t miss out on

AW L s 2005

annual directory.

Production is

underway.

Please make sure

your contact information is

correct.

To submit changes, contact Kelly

Sneller at 816-931-2002 or at

kelly.sneller@kcdailyrecord.com

Advertising opportunities are also

available. For more information, con-

tact Erin deVries at 816-931-2002 or

erin.devries@kcdailyrecord.com

March 2005 the AWL link 11

Meet A

WL’s A

ffinity Mem

bers

AWL AFFINITY MEMBERSAWL is grateful to its Affinity Members, who provide wonderful services and benefits to AWL members.Current Affinity Members and their respective contact information are listed below.

For more information on the specific services and discounts provided by these Affinity Members, please visithttp://www.awl kc.org/memberbenefits.htm. Be sure to take advantage of these great deals!

ACCENT TRANSPORTATION, LLC(913) 642-3576accenttransportation@yahoo.com

BIJIN SALON & DAY SPA71st & Mission Road, #18Prairie Village, KS 66208(913) 671-7777www.bijinsalonanddayspa.com

CORT FURNITURE9200 Marshall DriveLenexa, KS 66215(913) 888-0100www.cort1.com

THE DAILY RECORD405 E. 13th Street, Suite 101Kansas City, MO 64106(816) 931-2002www.kcdailyrecord.com

THE LAZARUS GROUP1814 Westport Rd.Kansas City, MO 64111(816) 931-5525www.lazarusgroup.com

LIGHTHOUSE DOCUMENT TECHNOLOGIES1044 Main Street, Ste. 800Kansas City, MO 64105(816) 471-0110Contact Joni Smith, Sales Managerwww.legal-america.com

LeVINE URBAN FLOWER & WINE MARKET11 W. Gregory Blvd.Kansas City, MO 64114(816) 523-0111

MORGAN STANLEY4600 Madison Avenue, Suite 1200Kansas City, MO 64112(816) 932-8795Contact: Debra Shultz

PERSONA SALON & DAY SPA408 W. 74th TerraceKansas City, MO 64114(816) 822-0600

THE PLANNED APPROACH4434 W. 90th TerracePrairie Village, KS 66207(913) 649-0827www.financialgoddess.com

SCOTT FITNESS1814 Westport RoadKansas City, MO 64111(816) 960-0502www.scottfitness.com

VERSENT7950 College Blvd., Ste. 200Overland Park, KS 66210(913) 498-0400www.versentgroup.com

VIA LINGUA INTERPRETERS, INC.1005 Broadway, Suite 504Kansas City, MO 64105(816) 471-5360http://vialinguainterpreters.com

WOODSIDE TENNIS & HEALTH CLUB2000 W. 47th PlaceWestwood, KS 66205(913) 831-0034www.clubwoodside.com

THE WORTH COLLECTION(913) 244-8304 kmatula@worthcollection.comwww.worthny.com

YOGA GALLERY5615 Johnson DriveMission, KS 66202(913) 926-1045www.yogallery.com

Association for Women Lawyers of Greater Kansas CityP.O Box 414557Kansas City, MO 64141

ADDRESS SERVICE REQUESTED

PRESORT STANDARDUS POSTAGE

PAIDPERMIT #5640

KANSAS CITY, MO

Financial Goddess™Things You NEED To Know:

A 2005 UpdateBack for the 3rd annual Financial Goddess™ workshop &happy hour for AWL, The Planned Approach has informa-tion you can use to maximize your financial future, as wellas to potentially help your client base.

This year we're focusing on retirement planning for thosejust starting out, those trying to catch up, and those whohave high incomes and have exhausted the "traditional"approaches.

Come learn how to "WOW" your male colleagues with allof your financial knowledge and have a good time net-working with the powerful and influential members ofAWL.

Join us on Thursday, March 10th, from 5:30 to7:30PM at the Central Exchange, 1020 Central.

Delicious appetizers and a wine bar will be there to enhance all of the fun!

Ten individuals from the greaterKansas City legal community will behonored with The Daily Record’ssecond annual 2005 KC LegalLeaders of the Year award at a spe-cial luncheon and presentation atthe Hyatt Regency hotel on April 13.

“This is an opportunity to salutesome of the finest individuals in theKansas City legal community,” saidAWL member Ginger Lamb, the publisher of The Daily Record.

The award recipients will be chosen by a panel of their peersfrom the legal and business community. Tickets for the luncheonare $50 each or $475 for a table of ten.

For more information contact Stephanie Mitchum Murphy at(816) 931-2002.

Second Annual KC Legal LeadersLuncheon Set for April 13