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Kentucky Bar Association’S VOL MAY/JUNE 2017 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. 81, NO. 3 B&B-Bench & Bar was published in the month of May. COMMUNICATIONS & Contents PUBLICATIONS COMMITTEE 2 President’s Page James P. Dady, Chair, Bellevue By: Mike Sullivan Paul Alley, Florence 4 A Brief History of the KBA Hotline Elizabeth M. Bass, Lexington By: Professor William H. Fortune James Paul Bradford, Paducah Frances E. Catron Cadle, Lexington 2017 KBA ANNUAL 6 Anne A. Chesnut, Lexington CONVENTION OVERVIEW Elizabeth A. Deener, Lexington Rachel Dickey, Louisville Features: Appellate Advocacy Tamara A. Fagley, Lexington 12 Supreme Court in Review: Reengineering the Mark Flores, Fort Worth, Texas Cathy W. Franck, Crestwood Work of the Appellate Courts By: Susan Stokley Clary Lonita Baker Gaines, Louisville William R. Garmer, Lexington 16 Will Common Law Stagnate in an Era of Declining Trials? Laurel A. Hajek, Louisville Another Test of Time P. Franklin Heaberlin, Prestonsburg By: Justice Daniel J. Venters Judith B. Hoge, Louisville 20 Appellate Advocacy in Federal Court Jessica R. C. Malloy, Louisville By: Terry Cushing Eileen M. O'Brien, Lexington Richard M. Rawdon, Jr., Georgetown 24 Appellate Practice Aids-Timelines and Commentary Sandra J. Reeves, Corbin By: Walter Sales, Stacy Miller, and Joe Mandlehr Gerald R. Toner, Louisville Columns Sadhna True, Lexington 32 University of Kentucky College of Law Zachary M. Van Vactor, Louisville Michele M. Whittington, Frankfort 34 Northern Kentucky University Salmon P. Chase College of Law PUBLISHER 35 University of Louisville Louis D. Brandeis School of Law John D. Meyers 36 Young Lawyers Division EDITOR By: Rebecca R. Schafer James P. Dady 37 Effective Legal Writing MANAGING EDITOR By: Kristin J. Hazelwood Shannon H. Roberts 38 Law Practice DESIGN & LAYOUT By: Steven Embry Jesi L. Ebelhar Bar News The B&B - Bench & Bar (ISSN-1521-6497) 42 Proposed Amendments to the Supreme Court Rules (SCR) is published bi-monthly by the Kentucky Bar Association, 514 West Main Street, Frankfort, 55 Proposed Amendments to the Family Court Rules KY 40601-1812. Periodicals Post­­age paid at of Procedure and Practice (FCRPP) Frankfort, KY and additional mailing offices. All manuscripts for publication should be sent 56 Judicial Conduct Commission to the Man aging Editor. Permission is granted for reproduction with credit. Publication of 62 July 2017 Bar Applicant List any article or statement is not to be deemed an 64 Pro Bono Listing endorsement of the views expressed therein by the Kentucky Bar Association. Departments Subscription Price: $20 per year. Members 68 Kentucky Lawyer Assistance Program subscription is included in annual dues and is not less than 50% for the lowest subscription price 70 Continuing Legal Education paid by subscribers. For more information, call (502) 564-3795. 72 Kentucky Bar Foundationn POSTMASTER Send address changes to: 73 In Memoriam B&B - Bench & Bar 514 West Main Street 74 Who, What, When and Where Frankfort, KY 40601-1812 Several inside graphics by ©istockphoto.com/JesiWithers BENCH & BAR | 1 PRESIDENT’S PAGE GratitudeBY: MIKE SULLIVAN could write this final article on one or several of the many things continues to provide excellent service to I learned and observed this past year as president of the KBA. its members. An employee assistance pro- IHowever, I wanted to concentrate on one theme—being grate- gram (“EAP”) is being retained to assist KYLAP in its mission to ful. G. K. Chesterton said, “I would maintain that thanks are the address impairment issues within the Kentucky legal community. highest form of thought; and that gratitude is happiness doubled by As we continue to see mental health issues affect many lawyers, wonder.” An ancient Chinese proverb echoes this theme in more the EAP is an additional resource that the KBA and KYLAP will basic terms: “When eating bamboo sprouts, remember the person provide for Kentucky lawyers, judges and law school students. The who planted them.” As I reflect on the many good things accom- EAP will provide emergency access by telephone to a licensed plished by the KBA this year, I want to express thanks to the people mental health professional at any time, day or night, and confiden- who worked so hard to achieve these accomplishments. I wish I tial counseling services to assess the problem, refer the person to an could mention all of them by name, but they are too numerous. appropriate provider, and continue to be available if other treatment is not obtained. The KBA is pleased to offer this additional service First, I am grateful to the entire KBA staff for the assistance they to help our members battling mental health issues. provided this year to me and to all members of the KBA. Their professionalism, courtesy, and competence have made my job much The KBA Law Practice Task Force was established to assist lawyers easier. This includes the employees in Administration and the Office in the areas of firm management, technology, finance, and market- of Bar Counsel, as well as the CLE, Communications, Member- ing. The task force is publishing an article in eachBench & Bar and ship and Accounting departments, KYLAP, the Disciplinary Clerk, is planning a presentation for the Kentucky Law Update later this and the Kentucky Bar Foundation. All Kentucky lawyers should be year. Its goals include providing additional resources for Kentucky proud of the wonderful, talented people we have on staff at the KBA. lawyers. I am grateful for the service that these lawyers on the task force provide to our members. Second, I thank the hundreds of volunteers, mostly lawyers but some who are not lawyers, for the countless hours they dedicate to I also want to thank everyone who recently volunteered to serve the KBA. Again, there are too many volunteers and roles to name on the Commission on the Future of Legal Services in Kentucky, them all, but they include the KYLAP volunteers who help our which the KBA established in cooperation with the Kentucky fellow lawyers in crisis, the Ethics Hotline members who help us Supreme Court and the Administrative Office of the Courts. navigate ethical issues, the lawyers and non-lawyers who assist us This commission, which includes diverse membership of lawyers in our discipline process, and those who serve on the numerous and judges from throughout the Commonwealth, will explore all boards, committees and task forces at the KBA. Each person who areas relevant to the practice of law and delivery of legal services, volunteers to help the KBA in its many roles brings unique talent including technology and its impact on the law, access to justice, for which we are grateful. the sustainability of the practice, and transitions within the legal profession. Its mission is to identify the threats, challenges, and I thank two of our bar leaders who we lost this year—Doug Myers opportunities facing lawyers and judges in Kentucky and to make and Bill Robinson. Doug was a friend and mentor of mine who recommendations regarding these issues that are consistent with the convinced me to become involved in bar leadership. He served as highest professional standards and in the best interests of the pro- KBA President in 2012-13. Doug chaired or served on numerous fession and the public. We hope that the end result of this process committees and task forces that advanced the mission and purposes will provide our members with information that will assist them as of the KBA, and I am grateful for all he did for Kentucky lawyers, they move forward in the ever-changing life of a Kentucky lawyer. including me. Finally, I want to thank all of you for the efforts you have made Bill Robinson served as KBA President in 1985–86 and as President this past year for your clients, community and family. Thank you of the American Bar Association in 2011–12. Although my per- for your pro bono efforts and for your service at your community sonal experience with Bill was limited, I know that he was a tireless organizations, churches and schools. Thank you for all you do to worker who always found time to take on the next challenge to help maintain and enhance the image of our profession. You make me the bar and his community. All Kentucky lawyers are indebted to proud to tell others that I am a Kentucky lawyer. Bill for his many years of service that greatly benefited Kentucky lawyers and our legal system. Both these men were not only great It has been my honor and privilege to serve you this past year, and lawyers, they were wonderful persons. I look forward to the continued success of the KBA, which will be left in the goods hands of the persons I have attempted to thank. Through the work of those people mentioned above, the KBA 2 | MAY/JUNE 2017 When the right players come together, it’ll be music to your ears. When facing the music of potential risks inherent to the legal profession, it helps to have the seasoned players at Lawyers Mutual by your side. We specialize in providing smaller firms throughout the Bluegrass with malpractice insurance and expert counsel they can always rely on.
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