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2020-2021 Kentucky Bar Association Board of Governors 2020-2021 Kentucky Bar Association Board of Governors POWERING PAYMENTS FOR THE Trust Payment IOLTA Deposit Amount LEGAL $ 1,500.00 INDUSTRY Reference The easiest way to accept credit, NEW CASE debit, and eCheck payments Card Number **** **** **** 4242 The ability to accept payments online has become vital for all firms. When you need to get it right, trust LawPay's proven solution. As the industry standard in legal payments, LawPay is the only payment solution vetted and approved by all 50 state bar associa- tions, 60+ local and specialty bars, the ABA, and the ALA. Developed specifically for the legal industry to ensure trust account compliance and deliver the most secure, PCI-compliant technology, LawPay is proud to be the preferred, long-term payment partner for more than 50,000 law firms. Proud Member Benefit Provider ACCEPT MORE PAYMENTS WITH LAWPAY 877-958-8153 | lawpay.com/kybar This issue of the Kentucky Bar Association’s VOL. 84, NO. 6 B&B-Bench & Bar was published in the month of November. COMMUNICATIONS & PUBLICATIONS COMMITTEE Contents James P. Dady, Chair, Bellevue 2 President’s Page Paul Alley, Florence By Tom Kerrick Elizabeth M. Bass, Gallatin, Tenn. 4 Call for Nominations Rhonda J. Blackburn, Pikeville Jenn L. Brinkley, Pensacola, Fla. Features: Constitutional Law Frances E. Catron Cadle, Lexington 6 The Separation of Powers Doctrine and the Elizabeth A. Deener, Lexington Limits of Executive Power Cathy W. Franck, Crestwood By Bradley Hume Lonita Baker Gaines, Louisville William R. Garmer, Lexington 12 “Who Lives, Who Dies, Who Tells Your Story?” P. Franklin Heaberlin, Prestonsburg By Russell Coleman and Robert M. (Rob) Duncan, Jr. Judith B. Hoge, Louisville Jessica R. C. Malloy, Louisville 18 Book Review: “From Panic to Profit: How 6 Key Numbers Eileen M. O'Brien, Lexington Can Make a 6 Figure Difference in Your Law Firm” By Ruth H. Baxter Sandra J. Reeves, Corbin John Schaaf, Georgetown Columns Gerald R. Toner, Louisville Sadhna True, Lexington 20 Young Lawyers Division By Miranda D. Click Zachary M. Van Vactor, Louisville Samuel W. Wardle, Louisville 22 University of Louisville Louis D. Brandeis School of Law Michele M. Whittington, Frankfort 24 University of Kentucky J. David Rosenberg College of Law PUBLISHER 26 Northern Kentucky University Salmon P. Chase College of Law John D. Meyers 27 Effective Legal Writing EDITOR By Professor Michael D. Murray James P. Dady 30 Law Practice Management MANAGING EDITOR By Jeff Sallee Megan L. Couch Bar News DESIGN & LAYOUT 34 Legal Modernizations in a New Decade Jesi L. Ebelhar 40 Judicial Conduct Commission The B&B - Bench & Bar (ISSN-1521-6497) 42 Changing the Face of Justice in Kentucky is published bi-monthly by the Kentucky Bar Association, 514 West Main Street, Frankfort, 44 KBA Ethics Opinion E-452 KY 40601-1812. Periodicals Postag­­ e paid at Frankfort, KY and additional mailing offices. Departments All manuscripts for publication should be sent 48 Kentucky Lawyer Assistance Program to the Man aging Editor. Permission is granted for reproduction with credit. Publication of 50 Kentucky Bar Foundation any article or statement is not to be deemed an endorsement of the views expressed therein by 52 Continuing Legal Education the Kentucky Bar Association. Subscription Price: $20 per year. Members subscription is included in annual dues and is 58 Who, What, When and Where not less than 50% for the lowest subscription price paid by subscribers. For more information, call (502) 564-3795. Front Row (Left to Right): J.D. Meyer, Miranda D. Click, KBA President Thomas N. Kerrick, Amy D. Cubbage, POSTMASTER J. Stephen Smith, and Judy McBrayer Campbell. Second Row (Left to Right): Susan Montalvo-Gesser, James A. Sigler, Rhonda J. Blackburn, Susan D. Phillips, Matthew P. Cook, and William M. “Mitch” Hall, Jr. Third Row (Left to Right): Send address changes to: Mindy G. Barfield, Douglas G. Benge, Greg Caudill, James M. Ridings, Todd V. McMurtry, and Jennifer M. Gatherwright. B&B - Bench & Bar Back Row (Left to Right): Van F. Simms, J. Tanner Watkins, Amelia M. Adams and Dr. Leon Mooneyhan. 514 West Main Street Frankfort, KY 40601-1812 Photo Credit: Tim Webb Photograph Several inside graphics by ©istockphoto.com/JesiEbelhar BENCH & BAR | 1 PRESIDENT'S PAGE Mental Health and COVID-19’s Impact Before, After and Especially During the Holiday Season BY TOM KERRICK recent study from Indiana Uni- reunions, which provided families ways to celebrate or grieve. With versity has confirmed what many many of our gatherings being shut down, on top of sports, cultural A of us suspected, Americans activities, worship services and workplace events cancelled, even the suffered more depression and loneliness once the COVID-19 pan- healthiest lives can be challenged. No matter how insulated we are demic set in than before the pandemic. 1 While social distancing, from the medical, economic or emotional effects of this pandemic, isolation, and other steps may be necessary to help fight the spread we have all felt social repercussions. of this virus, it is clear that the country’s response to the spread of the disease has had a tremendous mental health impact on Ameri- The recent Indiana University study found that individuals who cans. The stress and concern of just the possibility of being exposed had social contact, such as a hug every few days, were 26 percent to the disease and how it may affect each of us can have a negative less likely to report major depressive symptoms and 28 percent less effect on even the most positive person. Therefore, it can be easily likely to report loneliness.2 This data confirms our understanding of understood how COVID-19 can cause tremendous problems for the importance of human contact for mental health and well-being people who already have a pre-existing disposition to depression and suggests that these type of connections are not easily recreated and other mental health issues. with remote technology where direct touch is not possible. So, what can we do to deal with pandemic mental health issues? Here are Now, throw on top of this situation, the highly emotional holi- some simple suggestions: day periods of Thanksgiving, Hanukkah, and Christmas and you could almost say we are dealing with a second pan- demic of mental health in the USA. Last year more • take care of your own physical and emotional health in than 55,000,000 Americans traveled at least 50 miles order to help others; for Thanksgiving, which is generally recognized as a hol- • take breaks from watching, reading or listening to news stories iday bringing families together for festive meals and the about the pandemic; kick-off of the Christmas shopping period with Black • do activities that you enjoy; Friday. Many retail stores have already announced they • connect with your community or faith-based organizations, will not be open on Thanksgiving or the days thereafter. even if doing so through social media, online or by phone; The fact that families or friends cannot get together to • connect with others, particularly those with mental health issues, visit or celebrate yearly traditions continues to add to the loneliness and depression. This may come on top of by maintaining social connections, phone calls or video chats; many families who had previously, during this pandemic • know where and how you or others can get necessary treatment, period, had to cancel funerals, weddings, and even family therapy or counseling for mental health issues; • call for such treatment; • call 911, if necessary. 2 | NOVEMBER/DECEMBER 2020 Kentucky lawyers deserve steadfast support. Our team is devoted to serving your liability malpractice needs. For more information call us at 502-568-6100 or Submit for a quick quote at www.LMICK.com Lawyers_Mutual_women_B&B_8.5x10.875.indd 1 3/19/20 1:08 PM PRESIDENT'S PAGE Along these same lines, our association has attempted to help our If more treatment is needed, KYLAP may be able to provide for- members with mental health issues. While the Kentucky Lawyer givable loan assistance through the KYLAP Foundation. Generally, Assistance Program (KYLAP), has done a great job for years in KBA members can be referred to a mental health professional in dealing with addiction issues, in more recent years, KYLAP has their geographic region, or if they prefer, outside of their region attempted to address broader and more clinically based nature of within 24-48 hours. More mental health resources are on the issues. Doing so requires clinically trained assistants. Neither the KYLAP’s website at www.kylap.org. KBA nor KYLAP have mental health professionals on staff; there- fore, in an attempt to address the mental health issues, in the fall of The holidays are for many, one of the more emotional and mentally 2017, the KBA authorized KYLAP to enter into an agreement for challenging times of the year. Combining that challenge with the professional services for mental health counseling, more commonly COVID-19 pandemic, can simply be overwhelming for many. The referred to within our organization as the Employee Assistance bottom line is, let’s show our family and friends that we care. Make Program (EAP) proposal. This allows Kentucky attorneys, judges the telephone call, set up the Zoom meeting, reach out in any way and/or law students an opportunity for confidential mental health to your friends and family that might need the extra check-in, while support. If you call the confidential, direct KYLAP number, (502) navigating this COVID-19 holiday season. I hope that each of you 226-9373, you will be connected directly to our EAP. If you meet have a blessed and happy holiday. the minimal financial qualifications, KBA members may qualify for four free visits with the mental health profession.
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