Kentucky Bar Association New Lawyer Program

Total Page:16

File Type:pdf, Size:1020Kb

Kentucky Bar Association New Lawyer Program Kentucky Bar Association New Lawyer Program February 6 – 7, 2020 Lexington Convention Center Lexington , Kentucky Presented by: The Kentucky Bar Association CLE Commission and Young Lawyers Division ©2020 by the Kentucky Bar Association Continuing Legal Education Commission Lori J. Alvey, Sonja M. Blackburn, Caroline J. Carter, Mary E. Cutter, EmaLeigh C. Haines, Editors All rights reserved Published January 2020 Editor’s Note: The materials included in this New Lawyer Program seminar book are intended to provide current and accurate information about the subject matter covered. The program materials were compiled for you by volunteer authors and from national legal publications. No representation or warranty is made concerning the application of the legal or other principles discussed by the instructors to any specific fact situation, nor is any prediction made concerning how any particular judge or jury will interpret or apply such principles. The proper interpretation or application of the principles discussed is a matter for the considered judgment of the individual legal practitioner. The faculty and staff of the New Lawyer Program disclaim liability therefor. Attorneys using these materials or information otherwise conveyed during the program, in dealing with a specific legal matter, have a duty to research original and current sources of authority. The Kentucky Bar Association would like to give special thanks to the volunteer authors who contributed to this program handbook. ii TABLE OF CONTENTS PROGRAM AGENDA .................................................................................................... v DAY ONE – GENERAL SESSIONS Program Introduction and Welcome Program Introduction: Why Am I Here, Anyway? .......................................... 1 Kentucky Bar Association: What We Do for You ...................................... ….3 Kentucky Bar Association: Your Partner in the Profession ............................. 3 Your KBA Membership................................................................................ .23 CLE for Beginners: FAQ .............................................................................. 27 Great Place to Start: Resource Center for New Lawyers .............................. 35 Kentucky Bar Foundation ............................................................................. 43 Kentucky IOLTA Fund .................................................................................. 45 The Attorney’s Duty to the Court .................................................................... 47 You’ve Just Received A Bar Complaint: Now What? ................................. 55 High-Functioning Impairment: Identification, Ethical Duties and Solutions ............................................................................................ 63 “My Story” ................................................................................................... 81 Lawyers Mutual of Kentucky: Preparing for Legal Malpractice Claims ..... 85 Attorney Mindfulness ...................................................................................... 97 Building Professionalism on a Foundation of Strengths ........................... 103 E-Filing Certification Training ...................................................................... 183 Kentucky Supreme Court Rule 2018-11 ..................................................... 191 DAY TWO – BREAKOUT SESSIONS MORNING TRACKS Opening a Law Office and Rainmaking (Parts I and II) ................................ 205 Immigration Law ............................................................................................ 227 Family Law ..................................................................................................... 235 Multi-Generational Issues in the Office ........................................................ 309 Trust Accounts 101: FAQs and Tips to Avoid Trouble ............................... 313 AFTERNOON TRACKS Wills and Probate ........................................................................................... 321 Setting Up a Mobile Paperless Office ........................................................... 341 Developing Efficient Workflows Through the Smart Use of Technology ..... 353 Interviewing Skills and Strategies ................................................................ 371 Interviewing Saddam: FBI Agent Gets to the Truth .................................... 381 Practice of a Civil Case ................................................................................. 383 iii Trial Checklist ............................................................................................ 401 Prosecution and Defense of a DUI................................................................ 403 Field Sobriety Test Review: A Quick Reference Guide .............................. 403 Kentucky HGN Cases ................................................................................ 415 Kentucky Cases Re: Field Sobriety Tests .................................................. 423 Rules Change ............................................................................................ 435 Kentucky DUI Law ..................................................................................... 463 Business Law ................................................................................................. 485 References and Resources Online Research Resources ........................................................................ R-1 Governance of the Legal Profession in Kentucky ......................................... R-3 Kentucky Bar Association Code of Professional Courtesy............................ R-4 Kentucky Rules of Professional Conduct ..................................................... R-5 Supreme Court Districts by County .............................................................. R-7 SCR 3.175 Efficient Enforcement: Notice of Attorney’s Address ................. R-8 Advisory Ethics Opinions ............................................................................. R-9 Summary of Kentucky State Courts ........................................................... R-13 Sponsors/Advertisements Lawyer’s Mutual Insurance Company .......................................................... A-1 T. Hatler Medical/Legal Consultants ............................................................ A-3 iv THURSDAY, FEBRUARY 6, 2020 7:30 a.m. – 8:30 a.m. REGISTRATION/CHECK-IN REQUIRED 8:30 a.m. – 8:45 a.m. Introduction and Welcome 8:45 a.m. – 9:45 a.m. Kentucky Bar Association: What We Do for You (1.00 CLE Credit) 9:45 a.m. – 10:45 a.m. The Attorney’s Duty to the Court (1.00 Ethics Credit) 10:45 a.m. – 11:00 a.m. BREAK 11:00 a.m. – 12:00 p.m. You’ve Just Received a Bar Complaint, Now What? (1.00 Ethics Credit) 12:00 p.m. – 1:15 p.m. High-Functioning Impairment: Identification, Ethical Duties and Solutions (1.00 Ethics Credit) 1:15 p.m. – 2:15 p.m. Lawyers Mutual of Kentucky: Preparing for Legal Malpractice Claims (1.00 Ethics Credit) 2:15 p.m. – 3:15 p.m. Attorney Mindfulness (1.00 CLE Credit) 3:15 p.m. – 3:30 p.m. BREAK 3:30 p.m. – 4:30 p.m. Building Professionalism on a Foundation of Strengths (1.0 CLE Credit) 4:30 p.m. – 5:30 p.m. e-Filing Certification Training (1.00 CLE Credit) 5:30 p.m. ADJOURN v FRIDAY, FEBRUARY 7, 2020 7:30 – 8:30 a.m. REGISTRATION/CHECK-IN REQUIRED TRACK 1 AM 8:30 – 9:30 a.m. Opening a Law Office and Rainmaking I 1.00 CLE Credit 9:40 – 10:40 a.m. Opening a Law Office and Rainmaking II 1.00 CLE Credit 10:50 – 11:50 a.m. Multi-Generational Issues in the Office 1.00 CLE Credit TRACK 2 AM 8:00 – 8:30 a.m. REGISTRATION/CHECK-IN REQUIRED 8:30 – 9:30 a.m.9:30 Immigration Law 1.00 CLE Credit a.m. 9:40 – 10:40 a.m. Family Law 1.00 CLE Credit 10:50 – 11:50 a.m. Trust Accounts 101: FAQs and Tips to 1.00 Ethics Credit Avoid Trouble TRACK 1 PM 1:00 – 2:00 p.m. Wills and Probate 1.00 CLE Credit 2:10 – 3:10 p.m. Interviewing Skills and Strategies 1.00 CLE Credit 3:20 – 4:20 p.m. Business Law 1.00 CLE Credit TRACK 2 PM 1:00 – 2:00 p.m. Setting Up a Mobile Paperless Office 1.00 Ethics Credit 2:10 – 3:10 p.m. Practice of a Civil Case 1.00 CLE Credit 3:20 – 4:20 p.m. Prosecution and Defense of DUI 1.00 CLE Credit 4:20 p.m. ADJOURN 1.00 CLE Credit vi PROGRAM INTRODUCTION: WHY AM I HERE, ANYWAY? For most of the history of the legal profession in the United States, once a lawyer was admitted to practice no further professional education or re-qualification was required. Over the last twenty-five years there has been the growing recognition that this standard for lawyer competence, if ever valid, is not now. Lawyers must maintain currency in the law, stay abreast of new developments in the delivery of legal service, and sustain a keen sensitivity to professional responsibility issues to remain qualified to serve the public. The first step in meeting the task of maintaining lawyer competence over the course of a career in Kentucky was the establishment of an annual continuing legal education requirement. In Kentucky, lawyers must earn each year 12 hours of CLE, two of which must be in the area of lawyer professional responsibility and ethics. The next step was the recognition that newly admitted lawyers enter the profession with some significant gaps in their understanding of how law is practiced. This concern was highlighted in an American Bar Association study known as the MacCrate Report. One of the report’s major conclusions was that new lawyers often have inadequate practice skills and an
Recommended publications
  • How We Beat the Great Depression Chapter 1 Finding Paradise on The
    How We Beat the Great Depression Chapter 1 Finding Paradise On the southwest corner of the United States there is a place that we called home for thirteen years. Mexico lay to the south, the Pacific Ocean to the west, with the Coronado Islands looming up fourteen miles from shore, and the sleepy little village of Imperial Beach with San Diego and Point Loma in the distance to the north. To the east, San Miguel and the Otay Mountains and the peaks of the Coastal Range made a beautiful, panoramic backdrop to a scene that to me is unforgettable. To the local folk this marshy land was called the "Tiajuana Sloughs" because the Tijuana river, originating in Mexico, ran through the town of Tijuana and across the International Border to the Pacific Ocean. The river flowed when, and if, there was enough rainfall in the mountains during the rainy season. Long after we moved from there, the name of the sloughs was changed to the Tijuana Estuary. A salt works was located there before the big floods in the spring of 1916. Local historians say a fellow by the name of Charles Hatfield caused the flood with his famous rainmaking machine. The city of San Diego hired him to end a long drought, and soon afterward, the rains started to fall. It rained for weeks until almost everything in San Diego was flooded or washed away. By the time we move to the sloughs, the only things left to mark the salt works site were old dikes that bordered the evaporation ponds.
    [Show full text]
  • Ethics 2000 Committee Members
    ETHICS 2000 COMMITTEE MEMBERS Chair Robert I. Cusick [July 2003 – March 2006] 1201 New York Avenue Suite 500 Washington, DC 202-482-9292 [email protected] Chair Dulaney L. O’Roark [March 2006 Forward] 914 Albemarle Court Louisville, KY 40222 502-429-6457 [email protected] John T. Ballantine 2000 PNC Plaza 500 West Jefferson Street, Suite 2000 Louisville, KY 40202 502-582-1601 [email protected] Professor Edward C. Brewer Northern Kentucky University NH 556 Nunn Drive Highland Heights, KY 41099 859-572-6943 [email protected] Donald H. Combs Post Office Drawer 31 Pikeville, KY 41502-0031 606-437-6226 [email protected] Jane Winkler Dyche 402 W. Fifth St. Post Office Box 5156 London, KY 40745 606-877-2991 [email protected] Linda S. Ewald University of Louisville Law School Belknap Campus Louisville, KY 40292 502-852-7362 [email protected] D. Scott Furkin Administrative Office of the Courts 100 Millcreek Park Frankfort, KY 40601 502-573-2350 [email protected] Sheldon G. Gilman Lynch, Cox, Gilman & Mahan, PSC 500 W Jefferson Street, Suite 2100 Louisville, KY 40202 502-589-4215 [email protected] Linda A. Gosnell Kentucky Bar Association 514 West Main Street Frankfort, KY 40601 502-564-3795 [email protected] Jane E. Graham 401 W. Main St., Ste 314 Lexington, KY 40507 859-266-4092 [email protected] Janet Jakubowicz 3300 National City Tower 101 South 5th Street Louisville, KY 40202 502-589-4200 [email protected] William E. Johnson 326 West Main Street Frankfort, KY 40601 502-875-6000 [email protected] Justice John D.
    [Show full text]
  • KBA President J. Stephen Smith and Vicki Prichard at Home in Ft. Mitchell
    JULY/AUGUST 2019 KBA President J. Stephen Smith and Vicki Prichard at home in Ft. Mitchell Individual Own Occupation Disability Coverage for Kentucky Attorneys Affordable KBA Rates from Metlife KBA Member Semiannual Rates Monthly Coverage Amount: $3,000 $5,000 $10,000 Under 30 yrs $152 $252 $502 30-39 yrs $213 $354 $705 40-49 yrs $352 $585 $1,167 ✓ No Medical Exam (Under Age 50) ✓ No Tax Returns ✓ Apply for up to $10,000/month Coverage ✓ Residual Disability Coverage ✓ Industry Standard Disability Definition ✓ Easy Online Application Visit www.NIAI.com/Attorneys for KBA quotes and application Call or Email TODAY | 800.928.6421 | [email protected] | www.NIAI.com This issue of the Kentucky Bar Association’s VOL. 83, NO. 4 B&B-Bench & Bar was published in the month of July. COMMUNICATIONS & PUBLICATIONS COMMITTEE Contents James P. Dady, Chair, Bellevue 2 President’s Page Paul Alley, Florence By: J. Stephen Smith Elizabeth M. Bass, Gallatin, Tenn. Rhonda J. Blackburn, Pikeville 5 Q&A with KBA President J. Stephen Smith Jenn L. Brinkley, Pensacola, Fla. 8 2019 KBA Annual Convention Wrap Up Frances E. Catron Cadle, Lexington Anne A. Chesnut, Lexington Features: Legislative Update Elizabeth A. Deener, Lexington Tamara A. Fagley, Lexington 18 Kentucky, Hemp, and the Law Cathy W. Franck, Crestwood By: Ryan Quarles, Kentucky Commissioner of Agriculture Lonita Baker Gaines, Louisville 22 Legislative Update on Abortion Access in Kentucky William R. Garmer, Lexington By: Jennifer L. Brinkley P. Franklin Heaberlin, Prestonsburg Judith B. Hoge, Louisville 26 Open Courts: Section 14 of the Kentucky Constitution Jessica R.
    [Show full text]
  • Magic in Private and Public Lives of the Ancient Romans
    COLLECTANEA PHILOLOGICA XXIII, 2020: 53–72 http://dx.doi.org/10.18778/1733-0319.23.04 Idaliana KACZOR Uniwersytet Łódzki MAGIC IN PRIVATE AND PUBLIC LIVES OF THE ANCIENT ROMANS The Romans practiced magic in their private and public life. Besides magical practices against the property and lives of people, the Romans also used generally known and used protective and healing magic. Sometimes magical practices were used in official religious ceremonies for the safety of the civil and sacral community of the Romans. Keywords: ancient magic practice, homeopathic magic, black magic, ancient Roman religion, Roman religious festivals MAGIE IM PRIVATEN UND ÖFFENTLICHEN LEBEN DER ALTEN RÖMER Die Römer praktizierten Magie in ihrem privaten und öffentlichen Leben. Neben magische Praktik- en gegen das Eigentum und das Leben von Menschen, verwendeten die Römer auch allgemein bekannte und verwendete Schutz- und Heilmagie. Manchmal wurden magische Praktiken in offiziellen religiösen Zeremonien zur Sicherheit der bürgerlichen und sakralen Gemeinschaft der Römer angewendet. Schlüsselwörter: alte magische Praxis, homöopathische Magie, schwarze Magie, alte römi- sche Religion, Römische religiöse Feste Magic, despite our sustained efforts at defining this term, remains a slippery and obscure concept. It is uncertain how magic has been understood and practised in differ- ent cultural contexts and what the difference is (if any) between magical and religious praxis. Similarly, no satisfactory and all-encompassing definition of ‘magic’ exists. It appears that no singular concept of ‘magic’ has ever existed: instead, this polyvalent notion emerged at the crossroads of local custom, religious praxis, superstition, and politics of the day. Individual scholars of magic, positioning themselves as ostensi- bly objective observers (an etic perspective), mostly defined magic in opposition to religion and overemphasised intercultural parallels over differences1.
    [Show full text]
  • The Art of Rainmaking
    The Art of Rainmaking C H A P T E R 1 0 talized organization. Thus, the second step of rainmaking is to over- come this resistance. Before we begin, here's a story that illustrates how an entrepre- neur both found out who would buy her product and overcame The Art of resistance to stocking it. A Parisian store once rejected the newest fra- grance of Estee Lauder, the famed purveyor of perfume. In anger, Lauder poured the fragrance all over the floor, and so many cus- Rainmaking tomers asked about it that the store had to carry it. Sometimes when it pours, it rains."' Stop going for the easy buck and start producing something with your life. Create, instead of living off the buying and selling of others. LET ONE HUNDRED FLOWERS BLOSSOM —Carl Fox (in the movie Wall Street) I stole this concept from Mao Tse-tung, although he didn't exactly im- plement it during the Cultural Revolution. In the context of startups, the concept means Sow many seeds. See what takes root and then blossoms. Nurture those markets. GIST Many companies freak out when they notice that unintended flowers have started blossoming. They react by trying to reposition Native American rainmaker is a medicine man who uses their product or service so that the intended customers use it in in- rituals and incantations to make it rain. For startups, a rain- tended ways. This is downright stupid—on a tactical level, take the maker is a person who generates large quantities of busi- money! When flowers are blossoming, your task is to see where and ness.
    [Show full text]
  • RITUAL [FIRST EDITION]. Although It Would
    RITUAL [FIRST EDITION] 7833 ment religion in its “chastened” (antimetaphysical) Kantian social, or other content (Leach, 1968, p. 524). Thus one form. Since the 1960s, however, there has been a noteworthy could presumably discuss the ritual significance of scientific Ritschl renaissance, which has defended Ritschl before his experimental procedures, for example. For Leach, such be- neoorthodox detractors by eschewing “criticism by catch- havior should be regarded as a form of social communication words,” by relating his total theological program to its imme- or a code of information and analyzed in terms of its “gram- diate historical context, and by taking seriously his claim to mar.” Ritual is treated as a cognitive category. have constructed his system on biblical and Reformation foundations. Only slightly less vast a definition, but one that covers a very different set of phenomena, is implied by the common use of the term ritual to label religion as such, as in “the ritual BIBLIOGRAPHY view of life” or “ritual man in Africa,” the title of an article The only biography of Ritschl is that by his son, Otto, Albrecht by Robert Horton (reprinted in Lessa and Vogt, 1979). Ritschls Leben, 2 vols. (Freiburg im Breisgau, 1892–1896). Many modern theories of religion are in fact primarily theo- Otto Ritschl also edited his father’s Gesammelte Aufsätze, 2 ries of ritual, and study of the literature on either topic would vols. (Freiburg im Breisgau, 1893–1896). There are English provide an introduction to the other. translations of volumes 1 and 3 of Ritschl’s magnum opus: A Critical History of the Christian Doctrine of Justification and Another very broad but commonly encountered usage Reconciliation, translated from the first edition by John S.
    [Show full text]
  • The Electronic Journal of East and Central Asian Religions
    The electronic Journal of East and Central Asian Religions Volume 1 Autumn 2013 Contents Preface 4 Introduction 5 Friederike Assandri, Examples of Buddho–Daoist interaction: concepts of the af- terlife in early medieval epigraphic sources 1 Carmen Meinert, Buddhist Traces in Song Daoism: A Case From Thunder-Rite (Leifa) Daoism 39 Henrik H. Sørensen Looting the Pantheon: On the Daoist Appropriation of Bud- dhist Divinities and Saints 54 Cody Bahir, Buddhist Master Wuguang’s (1918–2000) Taiwanese web of the colo- nial, exilic and Han 81 Philip Garrett, Holy vows and realpolitik: Preliminary notes on Kōyasan’s early medieval kishōmon 94 Henrik H. Sørensen Buddho–Daoism in medieval and early pre-modern China: a report on recent findings concerning influences and shared religious prac- tices 109 Research Articles eJECAR 1 (2013) Buddhist Traces in Song Daoism: A Case From Thunder-Rite (Leifa) Daoism Carmen Meinert Käte Hamburg Kolleg, Ruhr-Universität Bochum Topic FTER the turn of the first millennium the Chinese religious landscape had developed A to a degree that the production of hybrid Buddho-Daoist ritual texts was a rather widespread phenomenon. With the rise of a Daoist trend referred to as Thunder Rites (leifa 雷法), which matured during the mid- to late-Song 宋 Dynasty (960–1279) and did not solely pertain to any particular branch of Daoism, a new type of (often Buddho-Daoist) ritual practice had emerged, largely exorcistic in nature and that would eventually be incorporated into classical Daoist traditions.1 Practitioners of Thunder Rites were either members of the established Daoist orthodoxy or itinerant thaumaturges, referred to as ritual masters (fashi 法師).2 They had received powerful ritual techniques (fa 法) which, by using the potency of the thunder, aimed to correct the world’s calamitous powers to regain a state of balance or harmony.
    [Show full text]
  • 2010 Summer Advancesheet
    Published Quarterly by Oregon Women Lawyers Volume 21, No. 3 Summer 2010 OWLS Presents Career Development/ Rainmaking Dinner for Young Lawyers By Stacy Owen n May 6 at the assistance from Markowitz Herbold Glade & President Hotel deLuxe Mehlhaf) to support the OWLS Leadership Com- Concetta Schwesinger in Portland, mittee’s goal of helping members develop leader- Vice President, O OWLS presented its ship skills, as well as OWLS’ mission to advance President-Elect Heather L. Weigler first-ever career devel- women and minorities in the legal profession. What follows are comments from three event Secretary opment/rainmaking Cashauna Hill dinner. The event pro- participants. Treasurer vided young lawyers Valerie Athena Tomasi, Keynote Speaker Megan Livermore with the opportunity Val has been a shareholder at Farleigh Wada Historian to network and discuss Witt since 1990. Practicing law for over 25 years, Kathleen J. Hansa Rastetter career development she has focused on real estate law and financial Board Members Valerie Athena Tomasi and rainmaking with transactions. Sally Anderson-Hansell experienced and suc- Hon. Frances Burge For Val, perhaps the biggest benefits of rain- Megan Burgess cessful members of the legal community. making are autonomy and flexibility. She said Bonnie Cafferky Carter After an opening reception, Valerie Athena she feels like the captain of her own ship. Even Dana Forman Tomasi, a shareholder at Farleigh Wada Witt, Gina Hagedorn if her firm dissolved, she believes that she would Heather Hepburn spoke to the group about the importance of be fine, thanks to her steady and persistent ef- Kendra Matthews rainmaking and how to become a rainmaker, forts to maintain her client relationships.
    [Show full text]
  • Formal Opinion
    · :. - FORMAL ETHICS OPINION NO. 127 The Idaho State Bar Committee on Ethics and Professional Responsibility has been requested to render an opinion concerning the propriety of a J.a1Al'yer placing telephone calls to residents of the lawyer's area of practice, selected at random, as a follow up to an advertisement distributed to the public at large. The advertisement says in part: H$25.00 cash if we call your number and you can answer two questions about this page. We will make random callsH. The specific question is whether placing the random calls would violate the Idaho Rules of Professional Conduct. Rule 7.3 of the Idaho Rules of Professional Conduct is controlling: Direct contact with Prospective Clients A lawyer may not solicit professional employment from a prospective client with whom the lawyer has no family or prior professional relationship, by mail, in-person or otherwise, when a significant motive for the lawyer's doing so is the lawyer's pecuniary gain. The term HsolicitH includes contact in person, by telephone or telegraph, by letter or other writing, or by other communication directed to a specific recipient, but does not include letters addressed or advertising circulars distributed generally to persons not known to need legal services of the kind provided by the lawyer in a particular matter, but who are so situated that they might in general find such services useful. ETHICS OPINION - 1 The Supreme Court of the united States held, in Ohralik vs. Ohio State Bar Association, 436 U.S. 447 (1978), that a State may categorically ban in-person solicitation by lawyers for pecuniary gain.
    [Show full text]
  • Introduction
    INTRODUCTION Nationally, approximately 40% of new attorneys work at firms consisting of more than 50 lawyers. Therefore, a large percentage of practicing attorneys work for small firms (fewer than 50 attorneys). Small firms generally do not have formalized recruiting procedures or a set “hiring season” when they recruit summer law clerks, school-year law clerks, or entry-level attorneys. Instead, these firms hire on an as-needed basis, and they hire year round. To secure employment with a small firm, students and lawyers alike need to be proactive in getting their name and interests out in the community. Applicants should not only apply directly to these firms, but they should connect via law school, community, and bar association activities. In this directory, you will find state-by-state hyperlinks to regional directories, bar associations, newspapers, and job banks that can be used to jump-start a small firm search. ALABAMA State/Regional Bar Associations Alabama Bar Association: http://www.alabar.org Birmingham Bar Association: http://www.birminghambar.org Mobile Bar Association: http://www.mobilebar.org Specialty Bar Associations Alabama Defense Lawyers Association: http://www.adla.org Alabama Trial Lawyers Association: http://www.alabamajustice.org Major Newspapers Birmingham News: http://www.al.com/birmingham Mobile Register: http://www.al.com/mobile Legal & Non-Legal Resources & Publications State Lawyers.com: http://alabama.statelawyers.com EINNEWS: http://www.einnews.com/alabama Birmingham Business Journal: http://birmingham.bizjournals.com
    [Show full text]
  • A Historical and Religious Study of 18Th Century Tibetan Rainmaking Rituals in the Qing Dynasty
    religions Article Rainmakers for the Cosmopolitan Empire: A Historical and Religious Study of 18th Century Tibetan Rainmaking Rituals in the Qing Dynasty Hanung Kim Society of Fellows in the Liberal Arts, Southern University of Science and Technology, Shenzhen 518055, China; [email protected] Received: 21 October 2020; Accepted: 19 November 2020; Published: 24 November 2020 Abstract: Although Tibetan rainmaking rituals speak of important aspects of both history and religion, scholars thus far have paid only biased attention to the rituals and performative aspects rather than the abundant textual materials available. To address that issue, this article analyzes a single textual manual on Tibetan rainmaking rituals to learn the significance of rainmaking in late Imperial Chinese history. The article begins with a historical overview of the importance of Tibetan rainmaking activities for the polities of China proper and clearly demonstrates the potential for studying these ritual activities using textual analysis. Then it focuses on one Tibetan rainmaking manual from the 18th century and its author, Sumpa Khenpo, to illustrate that potential. In addition to the author’s autobiographical accounts of the prominence of weather rituals in the Inner Asian territory of Qing China, a detailed outline of Sumpa Khenpo’s rainmaking manual indicates that the developmental aspects of popular weather rituals closely agreed with the successful dissemination of Tibetan Buddhism in regions where Tibetan Buddhist clerics were active. As an indicator of late Imperial Chinese history, this function of Tibetan rainmaking rituals is a good barometer of the successful operation of a cosmopolitan empire, a facilitator of which was Tibetan Buddhism, in the 18th century during the High Qing era.
    [Show full text]
  • Gergely Hidas a Buddhist Ritual Manual on Agriculture Beyond Boundaries
    Gergely Hidas A Buddhist Ritual Manual on Agriculture Beyond Boundaries Religion, Region, Language and the State Edited by Michael Willis, Sam van Schaik and Lewis Doney Volume 3 Gergely Hidas A Buddhist Ritual Manual on Agriculture Vajratuṇḍasamayakalparāja – Critical Edition and Translation Published with support of the European Research Council Beyond Boundaries: Religion, Region, Language and the State (Project No. 609823) ISBN 978-3-11-061765-8 e-ISBN (PDF) 978-3-11-062105-1 e-ISBN (EPUB) 978-3-11-062049-8 ISSN 2510-4446 This work is licensed under the Creative Commons Attribution-Non Commercial-No Derivatives 4.0 Licence. For details go to http://creativecommons.org/licenses/by-nc-nd/4.0/. Library of Congress Cataloging in Publication Control Number: 2019934260 Bibliographic information published by the Deutsche Nationalbibliothek The Deutsche Nationalbibliothek lists this publication in the Deutsche Nationalbibliografie; detailed bibliographic data are available on the Internet at http://dnb.dnb.de. © 2019 Gergely Hidas, published by Walter de Gruyter GmbH, Berlin/Boston Printing & binding: CPI books GmbH, Leck www.degruyter.com Acknowledgements This research commenced some seven years ago when Dr Péter-Dániel Szántó provided information about the survival of the Vajratuṇḍasamayakalparāja in the original Sanskrit. Soon afterwards the ERC Synergy Project No. 609823 embraced the idea to pursue a thorough investigation and the present publi- cation is the fruit of this project work. Many thanks to Dr Michael Willis, Dr Sam van Schaik, Dr Péter-Dániel Szántó, Gergely Orosz, Professor Gyula Wojtilla, Professor Shanker Thapa, Deepak Bajracharya, Dr Csaba Kiss, Dr Dániel Balogh, Professor Max Deeg, Dr Kenichi Kuranishi, Hidetoshi Yoshizawa, Professor Harunaga Isaacson, Professor Francesco Sferra and the staff of the National Archives, Kathmandu, the Staatsbibliothek Berlin and De Gruyter.
    [Show full text]