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Lawyer Wellness IN THIS ISSUE Lawyer Wellness 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. 85, NO. 3 B&B-Bench & Bar was published in the month of May. COMMUNICATIONS & PUBLICATIONS COMMITTEE James P. Dady, Chair, Bellevue Contents Paul Alley, Florence 2 President’s Page Elizabeth M. Bass, Gallatin, Tenn. By Tom Kerrick Rhonda J. Blackburn, Pikeville Jenn L. Brinkley, Pensacola, Fla. 6 Justice Donald C. Wintersheimer: A Memorial Rachelle C. Bolton, Lexington By James P. Dady Frances E. Catron Cadle, Lexington 10 2021 KBA AC Wrap Up Elizabeth A. Deener, Lexington Cathy W. Franck, Crestwood Features: Lawyer Wellness Lonita Baker Gaines, Louisville 12 Kentucky Bar Comes to Grips with Lawyer Suicide William R. Garmer, Lexington By James P. Dady P. Franklin Heaberlin, Prestonsburg Judith B. Hoge, Louisville 16 The Impact of the COVID-19 Pandemic on Jessica R. C. Malloy, Louisville Lawyer Mental Health: One Year Later Eileen M. O'Brien, Lexington By Yvette Hourigan Sandra J. Reeves, Corbin John Schaaf, Georgetown 22 Perfectionism: Myth vs. Reality By Vitale Buford Gerald R. Toner, Louisville Sadhna True, Lexington Columns Zachary M. Van Vactor, Louisville Samuel W. Wardle, Louisville 24 University of Louisville Louis D. Brandeis School of Law Michele M. Whittington, Frankfort 26 Northern Kentucky University Salmon P. Chase College of Law PUBLISHER 28 University of Kentucky J. David Rosenberg College of Law John D. Meyers 30 Young Lawyers Division EDITOR By Miranda D. Click James P. Dady 32 Effective Legal Writing MANAGING EDITOR By Professor Kristin J. Hazelwood Megan L. Couch 34 Law Practice Management By Robert (Bob) Young DESIGN & LAYOUT Jesi L. Ebelhar Bar News 36 Board of Governors Minutes The B&B - Bench & Bar (ISSN-1521-6497) is published bi-monthly by the Kentucky Bar 37 Pro Hac Announcement Association, 514 West Main Street, Frankfort, KY 40601-1812. Periodicals Postag­­ e paid at 40 KBA Ethics Opinion E-453 Frankfort, KY and additional mailing offices. 48 Bar Applicant Listing All manuscripts for publication should be sent to the Man aging Editor. Permission is granted Departments for reproduction with credit. Publication of any article or statement is not to be deemed an 50 Kentucky Lawyer Assistance Program endorsement of the views expressed therein by the Kentucky Bar Association. 52 Kentucky Bar Foundation Subscription Price: $20 per year. Members 54 Continuing Legal Education subscription is included in annual dues and is not less than 50% for the lowest subscription price paid by subscribers. For more information, call (502) 564-3795. 59 Who, What, When and Where POSTMASTER Send address changes to: B&B - Bench & Bar 514 West Main Street Cover and several inside graphics by ©istockphoto.com/JesiEbelhar Frankfort, KY 40601-1812 BENCH & BAR | 1 PRESIDENT'S PAGE pushing through the negative Focusing on the Positive BY TOM KERRICK, KBA PRESIDENT ard to believe my year is up! Candidly, it has been a frus- Some positive points I think we have experienced during this year trating year due to the COVID-19 pandemic, but I’ll get have been our town hall meetings in each of our seven Supreme over the whining and talk about the positive. First, there Court Districts and each of our three law schools. Total people Hare so many people to thank. My family for taking away participating were 453. While this year’s district town hall meeting time from them. My law firm and staff for keeping everything going could have been entitled KBA 101, our future town halls will be while I was busy with Kentucky Bar Association (KBA) matters. A much more current and issue driven. Touching base with our law special thanks to our office administrator, Tom Hulsey, and paralegal schools, particularly the 3rd year classes, and introducing them to Dana “Sparky” Faxon. The KBA’s Executive Committee (Steve, J.D., the KBA and welcoming them to our profession has been positive. Amy & Miranda) and Board of Governors, who I felt always had Having our Kentucky Law Update (KLU) programs and our the best interest of the KBA in mind as well as my back. Finally, annual convention virtually was challenging because we could not the KBA staff and department heads who are completely dedicated be in-person, but attendance was strong (KLU 8,497 and Con- to their jobs and easy to work with. A special thanks to Melissa vention 1,847) and it allowed the KBA to reach members we had Blackwell, who kept me on track on a weekly basis and is the oil not reached before. There was enough positive from the virtual to our well-oiled organization. presentations that our KLU programs will keep doing a portion of each session virtually, so attorneys can watch at their convenience. 2 | MAY/JUNE 2021 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 While we began Lawyers Advocating allowed me to confirm my belief about our KBA --- that Wellness (LAW) initiative with a the overwhelming majority of our members are hardwork- relatively simple idea of making attor- ing, trustworthy and caring individuals who happen to be neys more conscious of their physical attorneys. I am proud to be a Kentucky attorney and it was well-being, due to our rash of suicides, my honor to serve as your president. LAW has developed much broader goals of addressing mental health and Selfishly, the one thing I had hoped to do during my term suicide. We have a LAW committee in was to play golf with a group of attorneys in each district place for each of our seven districts, which at a golf course that I had never played. And although I was hopefully will help connect your district with not able to accomplish this goal, during my presidency, I would still statewide matters as well as address issues that may be unique to welcome invitations to come play golf around our Commonwealth your area. We have created a Mental Health Collaboration group with other Kentucky attorneys. of many Bar related organizations that will help coordinate efforts statewide to address mental health and encourage each of their members to be involved and responsive to this issue. We must Keep up the good continue to talk about and expose the mental health/suicide issue in our profession in an attempt to address it, as opposed to keep- work, best wishes ing it in the dark and refusing to admit it. We must get better at recognizing the signs and symptoms and become open to getting treatment for ourselves and our colleagues. for the future, and Although COVID prevented me from traveling the state, virtual meetings from Paducah to Pikeville and Covington to Corbin have thank you. TERMS EXPIRE ON THE KBA BOARD OF GOVERNORS On June 30 of each year, terms expire for seven (7) of the fourteen (14) Bar Governors on the KBA Board of Governors. SCR 3.080 provides The current terms of the following that notice of the expiration of the terms of the Bar Governors shall be carried in the Bench & Bar. SCR 3.080 also provides that a Board Board Members will expire on member may serve three consecutive two-year terms. Requirements June 30, 2022: for being nominated to run for the Board of Governors are contained 1st District – James A. Sigler, Paducah in Section 4 of the KBA By-Laws and the requirements include filing a nd written petition signed by not less than twenty (20) KBA members in 2 District – Matthew P. Cook, Bowling Green good standing who are residents of the candidate’s Supreme Court 3rd District – Douglas G. Benge, London District. Board policy provides that “No member of the Board of 4th District – Susan D. Phillips, Louisville Governors or Inquiry Commission, nor their respective firms, shall 5th District - Amelia M. Adams, Lexington represent an attorney in a discipline matter.” In addition, any member 6th District – Jennifer M. Gatherwright, Crescent Springs of the Bar who is considering seeking or plans to seek election to th the Board of Governors or to a position as an Officer of the KBA will, 7 District – William M. “Mitch” Hall, Jr., Ashland if elected, be required to sign a limited waiver of confidentiality regarding any private discipline he or she may have received. Any such petition must be received by the KBA Executive Director at the Kentucky Bar Center in Frankfort prior to the close of business on the last business day in October. Please visit the KBA website at www.kybar.org/petition to obtain a petition. 4 | MAY/JUNE 2021 BENCH & BAR | 5 JUSTICE WINTERSHEIMER JUSTICE DONALD C.
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