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Legal Malpractice Legal Malpractice This issue of the Kentucky Bar Association’s Bench & Bar was published in the month of Janaury. Publications Committee Edwin S. Hopson, Chair, Louisville Paul Alley, Florence Mindy Barfield, Lexington Gregory M. Bartlett, Covington Sandra A. Bolin, Berea Michael A. Breen, Bowling Green Beverly M. Burden, Lexington Christopher S. Burnside, Louisville Frances Catron-Malone, Frankfort David C. Condon, Owensboro P. Franklin Heaberlin, Prestonsburg Sheryl E. Heeter, Newport Judith B. Hoge, Louisville Susan H. Kosse, Louisville Edna M. Lowery, Frankfort Theodore T. Myre, Jr., Louisville Eileen M. O’Brien, Lexington CONTENTS Brian K. Pack, Glasgow Sandra J. Reeves, Corbin E.P. Barlow Ropp, Glasgow Candace J. Smith, Covington LEGAL MALPRACTICE E. Frederick Straub, Jr., Paducah Gerald R. Toner, Louisville John A. West, Covington 5 Lawyer Regulation and the Movement Toward Michele M. Whittington, Frankfort A Unified Bar in Kentucky By Jane H. Herrick Publisher Bruce K. Davis 11 Legal Malpractice in Kentucky By Del O’Roark & Pete Gullett Editor Edwin S. Hopson 19 Legal Malpractice Primer By O. Daniel Wolff Managing Editor Barbara L. Thomas Departments The Bench & Bar (ISSN-1521-6497) is 3 President’s Page By Robert C. Ewald published bi-monthly by the Kentucky Bar Association, 514 West Main Street, Frankfort, 24 Hot Topic Partnership and Limited Partnership Acts - Part I KY 40601-1812. Periodicals Postage paid at By Dean Allan W. Vestal & Thomas E. Rutledge Frankfort, KY and additional mailing offices. All manuscripts for publication should be 29 Book Review By Sheryl G. Snyder sent to the Managing Editor. Permission is granted for reproduction with credit. 30 Effective Legal Writing By Barbara McFarland Publication of any article or statement is not 33 Shop Talk By Michael Losavio to be deemed an endorsement of the views expressed therein by the Kentucky Bar 35 Proposed Amended Regulations Association. Subscription Price: $20 per year. Members of the Attorneys’ Advertising Commission subscription is included in annual dues and is 37 Notice of Proposed Revision to LR 40.1 not less than 50% of the lowest subscription price paid by subscribers. For more informa- of the Joint Local Rules of the Federal District tion, call 502-564-3795. Courts in Kentucky POSTMASTER 38 CLE Send address changes to: Bench & Bar 43 Kentucky Bar News 514 West Main Street 46 Who, What, When & Where Frankfort, KY 40601-1812 Cover photo by James Archambeault PRESIDENT’S PAGE Robert C. Ewald suspect few KBA ers involve tenants seek- • Develop a statewide recruitment members are aware ing decent living condi- campaign; Ithat two dollars of tions, consumers fighting your dues each year go fraud or extortion, fami- • Identify and implement strategies to to the Donated Legal lies seeing healthcare or increase legal services to this under- Services Fund, a fund public assistance, served population through pro bono established and held sepa- employees and others advocacy; rately for use solely to fighting discrimination, encourage and assist attor- and parents fighting for • Enhance training opportunities and neys in participating in adequate education for materials for volunteer lawyers; pro bono projects and the their children. representation of those in Over the years, the two • Assist in programs in obtaining addi- need of counsel and dollars that have gone to tional financial resources to support unable to afford a lawyer. Robert C. Ewald the Donated Legal Ser- pro bono activities in the regional On the annual form vices Fund has built up to and local programs; and containing your dues statement is a line a substantial amount. At the same time, seeking information about the hours a need to develop statewide coordina- • Create recognition activities for spent on pro bono matters. Last year tion to raise awareness of the crucial participating law firms and attorneys. 2,411 lawyers submitted information in need for volunteer lawyers to assist low that space. However, I find it hard to income individuals with civil legal KVLP has identified a campaign believe that last year only 2,411 of us problems became increasingly obvious. theme, “Change the World in 50 spent time and effort on matters for Recognizing a unique opportunity to Hours,” recognizing the goal adopted in which we never expected payment. establish a method to provide the oppor- 1990 by the Kentucky Supreme Court in Rather, I believe the great majority of us tunity for lawyers to participate in pro SCR 3.130(6.1) and by the American donated our services to worthy causes bono activity, a grant of $200,000 was Bar Association that every attorney and merely failed to record the time made by the Board of Governors to help should participate in 50 hours of pro spent. We gave our time because we fund a three year project aimed a creat- bono activities each year. A partnership found it the right thing to do and not ing such a statewide program. has already been established with the because we were seeking recognition. As a result, the Kentucky KBA Young Lawyers section to develop Indeed, I believe most of us endorse the Volunteer Lawyers Pro- statewide training programs for importance of pro bono participation gram (KVLP) was estab- domestic relations practice as a pro and will do so given the appropriate lished in association bono recruitment tool. In addition, with the Kentucky &KDQJH an upcoming issue of the Bench opportunity. WKH:RUOG Most of us are aware that various Access to Justice Foun- LQ & Bar will be devoted to pro legal services programs exist in Ken- dation and the four KRXUV bono activities. tucky, including four regional programs regional legal assistance The KBA, with the support and funded partially by federal government programs. Tamra Gormley, approval of the Kentucky Supreme money through the Legal Services Cor- a Versailles attorney, was Court, has for many years recognized poration. Despite the existence of these selected to direct the program. In recent the importance of pro bono participation and other organized programs, only 20 meetings with the KVLP staff, I have by every Kentucky lawyer. One of the percent of the individuals who qualify been enormously impressed with their goals of the Kentucky Volunteer for assistance in civil legal matters are dedication, energy and ingenious ideas Lawyers Program is to make your being served. In other words, more than for various projects to give every attor- involvement as easy as possible. Over 80 per cent of eligible Kentuckians in ney in Kentucky the opportunity to the next few months, you will receive need of legal assistance never get the serve and participate in a variety of pro more information about this program help needed. bono projects. and the opportunities to become The situations in which the poor are With the goal of improving access to involved. I urge you to do so. We need left unrepresented involved the most the judicial system for low income Ken- your cooperation to implement the Ken- pressing of human problems. One in six tuckians with civil legal needs, the Ken- tucky Volunteer Lawyers Program and cases involves domestic violence. Oth- tucky Volunteer Lawyers Program will: make it work. ■ January 2007 Bench & Bar 3 LostLost in in the the shuffle? shuffle? SetSet yourselfyourself apartapart fromfrom thethe othersothers byby advertisingadvertising inin thethe KentuckyKentucky LegalLegal Directory.Directory. AmongAmong allall thethe legallegal directoriesdirectories onon thethe market,market, thethe BlueBlue BookBookstandsstands out,out, trulytruly thethe mostmost useruser friendlyfriendly handhand heldheld devicedevice onon youryour bookshelf.bookshelf. StandStand out out for for a a change! change! **SmallerSmaller sizesize && distinctivedistinctive blueblue covercover makemake ourour bookbook instantlyinstantly recognizablerecognizable **EachEach volumevolume coverscovers aa singlesingle state,state, andand isis soldsold individually.individually. PurchasePurchase onlyonly thethe onesones thatthat youyou needneed.. **BiographicalBiographical listingslistings appearappear inin single-columnsingle-column pagepage format,format, withwith largerlarger typetype toto makemake themthem easiereasier toto read.read. **ColorColor codedcoded pagespages andand tabtab dividersdividers makemake itit easiereasier toto movemove betweenbetween sectionssections TheThe Kentucky Kentucky Legal Legal Directory Directory OfficialOfficial Dir Directoryectory of of the the Kentucky Kentucky Bar Bar Association. Association. LegalLegal Directories Directories Publishing Publishing Company Company YourYour Blue Blue Book Book of of Attorneys Attorneys 91119111 Garland Garland Road Road P.O.P.O. Box Box 189000 189000 Dallas,Dallas, TX TX 75218 75218 800800 447 447 5375 5375 Fax:Fax: 214 214 324 324 9414 9414 www.legaldirectories.comwww.legaldirectories.com By Jane H. Herrick rior to the 1934 State Bar Act,1 two Pmethods existed in Kentucky to pro- ceed against an attorney’s license. In the Lawyer Regulation first, a circuit court issued a rule against an attorney to show cause why he should not be disbarred for alleged unethical and the Movement Toward conduct.2 The rule was issued in the name of the Commonwealth, upon infor- A Unified Bar in Kentucky mation from the Commonwealth’s Attor- ney; in the name of a client; or sua sponte by the court itself.3 The other method was a statutory action against an attorney accused of wrongfully withhold- “The Kentucky Bar Association,” its Association’s goals were taken almost ing client
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