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THE WAIT IS OVER! See Page 22 for the Preconvention Brochure! MARCH/APRIL 2018 THE WAIT IS OVER! See page 22 for the Preconvention Brochure! KBA Individual Own Occupation Disability Plan from Metlife: Protect your income, your lifestyle and your practice from a disabling illness or injury. Available only through the KBA: • Discounted Unisex rates • Simplified non-medical application • No tax returns or W-2s required • Up to $10,000/mo coverage under age 50 • Liberal issue and participation limits Rates, Custom Quote & Online Application: NIAI.com Or contact Woody Long at [email protected] Call or Email TODAY | 800.928.6421 | [email protected] | www.NIAI.com Underwritten by: Metropolitan Life Insurance, 200 Park Avenue, New York, NY 10166 This issue of the Kentucky Bar Association’s VOL. 82, NO. 2 B&B-Bench & Bar was published in the month of March. COMMUNICATIONS & PUBLICATIONS COMMITTEE Contents James P. Dady, Chair, Bellevue 2 President’s Page Paul Alley, Florence By: Bill Garmer Elizabeth M. Bass, Gallatin, Tenn. James Paul Bradford, Paducah Features: Art Law, Copyright and Trademark Frances E. Catron Cadle, Lexington Anne A. Chesnut, Lexington 6 Art in the Shadow of the Law Elizabeth A. Deener, Lexington By: Brian L. Frye Tamara A. Fagley, Lexington 14 Copyright Law: The Basics Cathy W. Franck, Crestwood By: Will Montague Lonita Baker Gaines, Louisville William R. Garmer, Lexington 18 The Fundamentals of Protecting Your Client’s Brand: Laurel A. Hajek, Louisville Federal Trademark Registration P. Franklin Heaberlin, Prestonsburg By: Ted Houlehan Judith B. Hoge, Louisville Jessica R. C. Malloy, Louisville 22 2018 KBA Annual Eileen M. O'Brien, Lexington Preconvention Brochure Sandra J. Reeves, Corbin Gerald R. Toner, Louisville Columns Sadhna True, Lexington 42 Young Lawyers Division Zachary M. Van Vactor, Louisville By: Eric M. Weihe Michele M. Whittington, Frankfort 43 Northern Kentucky University Salmon P. Chase College of Law PUBLISHER John D. Meyers 44 University of Louisville Louis D. Brandeis School of Law EDITOR 45 University of Kentucky College of Law James P. Dady 46 Effective Legal Writing By: Jennifer Jolly-Ryan MANAGING EDITOR 48 Shop Talk Shannon H. Roberts By: Michael Losavio DESIGN & LAYOUT 50 Future of Law Practice Jesi L. Ebelhar By: Robert A. Young The B&B - Bench & Bar (ISSN-1521-6497) Bar News is published bi-monthly by the Kentucky Bar Association, 514 West Main Street, Frankfort, 52 KBA Board of Governors Minutes and Upcoming Meeting Dates KY 40601-1812. Periodicals Post­­age paid at Frankfort, KY and additional mailing offices. 54 Judicial Conduct Commission All manuscripts for publication should be sent 58 KBA Audit Information to the Man aging Editor. Permission is granted for reproduction with credit. Publication of 59 Law Day 2018 any article or statement is not to be deemed an endorsement of the views expressed therein by the Kentucky Bar Association. Departments Subscription Price: $20 per year. Members 60 Kentucky Lawyer Assistance Program subscription is included in annual dues and is not less than 50% for the lowest subscription price 62 Kentucky Bar Foundation/IOLTA paid by subscribers. For more information, call (502) 564-3795. 64 Continuing Legal Education POSTMASTER Send address changes to: 74 Who, What, When and Where B&B - Bench & Bar 514 West Main Street Frankfort, KY 40601-1812 Several inside graphics by ©istockphoto.com/JesiWithers BENCH & BAR | 1 PRESIDENT’S PAGE The true measure of any society can be found BILL GARMER KBA PRESIDENT in how it treats its most vulnerable members. - MAHATMA GANDHI hat statement comes to us not only do not have access to the courts and that In Kentucky, one of the highest levels of from Gandhi but also from many of means that they do not have access to poverty is in Clay County: Tthe teachings of the great religions justice. of the world. It is a fundamental concept of a just society that has been repeatedly Many of our fellow citizens live in financial 46.8% acknowledged down through the centuries. poverty. 12.7 percent of the population of of Clay County residents It is applicable in every society around the the United States lives below the poverty live below the poverty line. world. It is applicable here in the United line, while 18.5 percent of Kentucky’s cit- States of America even though we have izens, or 820,845 Kentuckians, live below It is clear that because we have so many been termed the wealthiest society in the that standard. Other statistics make Ken- people in Kentucky living below the pov- history of the world. Even with our great tucky’s level of poverty even more graphic. erty line that we have more than our fair wealth we still have many among us who Kentucky is one of only four states in the share of people who cannot afford legal are not well off and who do not have the United States where more than 18 percent services. The Kentucky Access to Justice advantages that others may have. of our population lives below the poverty Commission was created to address these line. inequalities that exist in our Common- Our founding fathers recognized this fact wealth. The Kentucky Access to Justice when they wrote the Constitution and of Kentucky’s Commission is a blue-ribbon panel that made this country a country dedicated to 109 120 counties brings together the Courts, the Kentucky the Rule of Law, a country where every have a higher percentage of Bar Association, civil legal aid providers, woman and man is created equal. Unfor- people living in poverty than the and other stakeholders in a coordinated tunately, people who have more wealth have United States average of 12.7% effort to identify and remove barriers to more access to the courts of this country civil justice for low-income and disadvan- than do those who do not have wealth. of Kentucky’s taged people. The Commission embodies The result of this inequality in wealth is 120 counties shared, ongoing institutional commitments an inequality in the administration of jus- 68 to address issues of access to justice in a have a higher percentage of tice. As a result many people in America, coordinated and collaborative way, mobi- people living in poverty than the including citizens of this Commonwealth, lizing the stature of individual leaders, the Kentucky average of 18.5% 2 | MARCH/APRIL 2018 Horses aren’t the only thing in Kentucky that move fast. Resolving a legal crisis quickly can mean the difference between winning and losing a malpractice claim. That’s why more Kentucky legal professionals choose Lawyers Mutual. With 30 years of Kentucky experience, we specialize in providing smaller firms with the kind of fast personal service that prevents a bump in the road from taking you out of the race. Don’t gamble on other companies. Go with a proven winner right here in Kentucky. Contact Lawyers Mutual for your free quote today at 502.568.6100 or LMICK.com. By Kentucky Lawyers. For Kentucky Lawyers. Waterfront Plaza | 323 West Main Street, Suite 600 | Louisville, KY 40202 | 502.568.6100 | 800.800.6101 | LMICK.com lmick_horseshoe_18_kba_8.5x10.875.indd 1 3/1/18 11:59 AM PRESIDENT’S PAGE highest levels of the Courts, the bar and While specific projects will continue to director for the program. Nan Hanley is other participating institutions to raise the evolve, broadly speaking, the Commission’s the communications/training coordinator visibility and credibility of these efforts. goals include identifying and addressing of the Commission. Nan worked for the obstacles to providing access to the justice Access to Justice Foundation, a statewide When Chief Justice Minton introduced system; developing strategies to increase resource center for civil legal aid programs, the Kentucky Access to Justice Commis- funding, resources, support, development for over 20 years. They can be contacted sion in October 2010, he challenged the and delivery for those working to ensure via phone at (502) 564-5493 or email at: newly formed Commission and Kentucky’s access to the courts; assisting in increasing glenda.harrison@kyaccesstojusticecommi legal community to remove impediments access to the justice system through use of ssion.org. to access to the justice system, including volunteer attorneys; expanding the delivery physical, economical, psychological and and support of civil legal aid through the As I have said many times, while speaking language barriers; to develop effective development of committed government to lawyers all over the Commonwealth, the plans for funding for civil legal services, leaders; increasing public awareness of practice of law is a profession dedicated to who work on behalf of those who have no civil legal aid and its positive impact on the the service of people. We all do a fairly meaningful access to the justice system; and state and local communities; and partnering good job of being of service to people who to expand assistance available for self-repre- with other service providers to monitor and can pay for lawyer services. We do not all sented litigants. During its early years, the evaluate the effectiveness of the statewide do such a good job in providing service to Commission was ably led by Judge Roger delivery systems. those who cannot afford to compensate L. Crittenden, a retired Franklin County their counsel, and actually pay for legal circuit judge. Judge Crittenden brought The Kentucky Access to Justice Commis- services. That’s where the Kentucky Access years of judicial and administrative expe- sion office is located in Suite 225 at the to Justice Commission comes into play. It rience, as well as the leadership ability and state Capitol in Frankfort. Glenda Har- is there to help all Kentucky lawyers find diplomacy, to the newly formed Commis- rison serves as the executive director of better ways to provide legal service to those sion.
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