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Bench & Bar January 2008

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Bench & Bar January 2008 Amendments to Supreme Court Rules Frustrated by the Disability Income Market? Maxed Out? Limited? The KBA Plans offer unique solutions to Disability Insurance Issues. For More Information Call: 502-425-3232 • 800-928-6421 or get a quote online at NIAI.com National Insurance Agency, Inc. www.NIAI.com Professional Association Insurance Program Administration 11801 Brinley Avenue Louisville, KY 40243 This issue of the Kentucky Bar CONTENTS Association’s Bench & Bar was published in the month of January. Publications Committee Edwin S. Hopson, Chair, Louisville Pro Bono Paul Alley, Florence Mindy Barfield, Lexington Gregory M. Bartlett, Covington 7 Kentucky Volunteer Lawyer Program Sandra A. Bolin, Berea By Jacqueline S. Duncan Michael A. Breen, Bowling Green Christopher S. Burnside, Louisville 13 Eliminating the Justice Gap Shawn E. Cantley, Louisville Frances Catron-Malone, Frankfort By Richard A. (Dick) Cullison David C. Condon, Owensboro William S. Cooper, Elizabethtown 18 Partners for Justice Bruce K. Davis, Lexington Judith D. Fischer, Louisville By William H. Hollander P. Franklin Heaberlin, Prestonsburg Sheryl E. Heeter, Newport 20 Pro Bono Spotlight Judith B. Hoge, Louisville Edna M. Lowery, Frankfort By Eileen M. O’Brien Theodore T. Myre, Jr., Louisville Eileen M. O’Brien, Lexington 22 NKU Chase Institutes Pro Bono Requirement Brian K. Pack, Glasgow By Dennis Honabach & Nancy Lee Firak Richard M. Rawdon, Jr., Georgetown Sandra J. Reeves, Corbin E.P. Barlow Ropp, Glasgow 23 Law 959: A Decade of Service Candace J. Smith, Covington By Laura Sutton & Allison Connelly E. Frederick Straub, Jr., Paducah Gerald R. Toner, Louisville 23 Samuel L. Greenebaum Public Service Program John A. West, Covington Michele M. Whittington, Frankfort By Mary Jo Gleason Publisher James L. Deckard Departments Editor Edwin S. Hopson 2 Supreme Court of Kentucky & The Court of Appeals Managing Editor Barbara L. Thomas 3 President’s Page By Jane Winkler Dyche The Bench & Bar (ISSN-1521-6497) is published bi-monthly by the Kentucky Bar 4 Kentucky Bar Applicants Association, 514 West Main Street, Frankfort, KY 40601-1812. Periodicals Postage paid at 25 YLS By Ryan C. Reed Frankfort, KY and additional mailing offices. All manuscripts for publication should be 26 Kentucky Clients’ Security Fund sent to the Managing Editor. Permission is granted for reproduction with credit. 28 CLE Publication of any article or statement is not to be deemed an endorsement of the views 30 Shop Talk By Michael Losavio expressed therein by the Kentucky Bar Association. 33 Effective Legal Writing By Barbara McFarland Subscription Price: $20 per year. Members subscription is included in annual dues and is 35 Amendments to Supreme Court Rules not less than 50% of the lowest subscription price paid by subscribers. For more informa- 53 Supreme Court of Kentucky Order 2007-008 tion, call 502-564-3795. POSTMASTER 54 Kentucky Bar News Send address changes to: Bench & Bar 58 Who, What, When & Where 514 West Main Street Frankfort, KY 40601-1812 Cover design by Marigail Sexton, Mg Resources. Photograph provided by Kentucky Division of Creative Services. Supreme Court of Kentucky Standing, left to right: Deputy Chief Justice Will T. Scott, Justice Bill Cunningham, Justice Mary C. Noble and Justice Wil Schroder; and seated, left to right: Justice Lisabeth Hughes Abramson, Chief Justice Joseph E. Lambert and Justice John D. Minton, Jr. “Pursuant to SCR 3.130(6.1), the Supreme Court of Kentucky encourages all lawyers to donate service this year to those who can not afford it. Many Kentuckians are in great need of legal representation, but are unable to pay. You are the only persons qualified to provide the legal representation they need. Please give your time and services, and encourage your fellow bar members to do the same. Let’s make access to justice a reality for Kentuckians in need.” – Justices of the Supreme Court of Kentucky Photograph provided by Kentucky Division of Creative Services. The Court of Appeals Standing, left to right: Judge Christopher Shea Nickell, Judge Jeff S. Taylor, Judge James I. Howard (Judge Michael Caperton), Chief Judge Sara Walter Combs, Judge Thomas B. Wine, Judge Laurance B. VanMeter and Judge Michelle M. Keller; and seated, left to right: Judge Donna L. Dixon, Judge Kelly Thompson, Judge James H. Lambert, Judge Janet L. Stumbo, Judge Lisabeth Hughes Abramson (Judge Denise M. Clayton), Judge Glenn E. Acree, and Judge Joy A. Moore. “I know of no professionals as generous as lawyers in donating time and talent to the needy of our society. By grant- ing access to justice to the poor, pro bono attorneys not only serve their immediate clients. Indeed, they safeguard the freedoms of all citizens by making the legal system relevant and responsive to those who would otherwise have no voice. We at the Court of Appeals salute their noble and generous efforts as the true heroes of law and justice.” – Chief Judge Sara W. Combs, Kentucky Court of Appeals 2 Bench & Bar January 2008 PRESIDENT’S PAGE Pro Bono Publico Jane Winkler Dyche Pro bono publico – the opportunity to donate legal services to Volunteer your time, energy and inter- a Latin phrase meaning for the public good. those of limited means. Urban practition- est to provide public interest legal ser- ers and rural practitioners both are needed. vices. I hope that on your next KBA What do you do for the public good? Large firm, small firm, or solo practitioner, Annual Dues Statement you will be able In the legal profession, this is the work each has something to offer. to report at least the minimum number of each lawyer is encouraged to do, providing Recognition for a minimum of 50 hours of donated legal services. Imagine free legal services to those who would oth- hours of legal services donated by what our communities would be like if erwise be unable to afford such services. Kentucky lawyers at free or reduced cost each of us complied with SCR 3.130(6.1). is provided by SCR 3.130(6.1). On the I challenge each Kentucky lawyer to pro- “I made a promise to myself that when I graduated and became an attorney, I annual dues statements received in 2007 vide at least 50 hours of free or reduced would give some of my time back for by the Kentucky Bar Association, 738 cost legal services this year. people who were not as KBA members reported they had provided fortunate as I was.” – Laurie Dowell, at least 50 hours of donated legal ser- “I have been volunteering at Legal Aid President of the Northern Kentucky vices. At the present time, there are since I was in law school…helping Volunteer Lawyers 11,894 in-state Kentucky lawyers and people through a complicated legal sys- tem that, without volunteers and Legal 3,689 members who live outside of Aid, would not be accessible to many Last fall I had the chance to visit with Kentucky. Many of us provide pro bono people.” – Sandra McLaughlin lawyers from Ashland, Paducah, London, services, but we do not keep track of our Covington, Owensboro, Bowling Green, hours as we track those hours provided to Bits and Pieces Lexington and Louisville in conjunction clients who pay for legal services. • On the annual dues statement in 2007, with the KBA Kentucky Law Update pro- 9,080 out of 15,583 KBA members grams. In each of the gatherings, the pub- “In the early years of my practice responded to an inquiry about their lic perception of lawyers was mentioned I didn’t believe I had time to devote to form of practice. as a concern. KBA members are frustrated pro bono work. Now referrals from 2,230 solo practice Kentucky Legal Aid are an expected, wel- that many people think lawyers are more come, and rewarding part of my work.” 2,973 practice in a firm interested in the fee than in the client and – Doug Gott, an IOLTA Trustee 715 in-house corporate the cause. What better way to have a pos- 1,434 government itive impact on the life of another, and This year, take the time to note the 214 non-profit show the public on a case-by-case basis, hours you spend in providing free, or 355 judiciary that lawyers can and do serve those in reduced price, legal services to those who 1,159 retired/not practicing need than to provide free or reduced cost would otherwise be without the services. • Plan now to join us June 18-20 in legal services? Regardless of where you are in your Lexington for Framing Our Future - There are many opportunities and pro- career, new lawyer, mid-career or long- The KBA Convention Re-Imagined for grams such as the Kentucky Volunteer experienced, you have the opportunity to 2008. The Annual Convention Lawyer Program and the four Kentucky serve. The American Bar Association’s Planning Committee and the CLE civil legal aid services organizations that Commission on Second Season of Committee are focusing on comments encourage collaboration and coordinate Service also provides assistance for ABA and feedback from members of the the efforts of attorneys who serve those in members who want to transform their KBA in designing cutting-edge pro- need. However, the need is great and not practice as they transition into the final grams and events to meet the needs of nearly met by these providers. Each of stages of their career. Visit http:// KBA members. Visit www.kybar.org these programs has a volunteer lawyer www.abanet.org/secondseason/ for more for the latest convention information as component. Every Kentucky lawyer has information. it becomes available. January 2008 Bench & Bar 3 FEBRUARY 2008 KENTUCKY BAR APPLICANTS Following is a list of applicants who have applied to take the February 26 & 27, 2008 Kentucky Bar Examination.
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