IN THIS ISSUE Women in the Law 100 Years and Counting
This issue of the Kentucky Bar Association’s VOL. 84, NO. 3 B&B-Bench & Bar was published in the month of May. 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 COVID-19 Update Jenn L. Brinkley, Pensacola, Fla. 6 Notice and Solicitation for Comments Concerning Frances E. Catron Cadle, Lexington Anne A. Chesnut, Lexington Uniform Bar Exam Elizabeth A. Deener, Lexington By Justice Laurance B. VanMeter Cathy W. Franck, Crestwood Lonita Baker Gaines, Louisville Features: Women in the Law - 100 Years and Counting William R. Garmer, Lexington 12 Important Women, Important Milestones P. Franklin Heaberlin, Prestonsburg By Justice Michelle M. Keller, Kentucky Supreme Court Judith B. Hoge, Louisville Jessica R. C. Malloy, Louisville 16 ‘The question is whether men should be allowed to vote’: Eileen M. O'Brien, Lexington The Struggle for Women’s Suffrage in Kentucky Sandra J. Reeves, Corbin By Elizabeth A. Deener and James P. Dady Gerald R. Toner, Louisville 22 Diversity and Wellness Programs Aren’t Working: Sadhna True, Lexington Change Systems, Not People Zachary M. Van Vactor, Louisville By Claire E. Parsons and Loren VanDyke Wolff Samuel W. Wardle, Louisville Michele M. Whittington, Frankfort Columns PUBLISHER 26 Young Lawyers Division John D. Meyers By Zachary A. Horn EDITOR 28 University of Louisville Louis D. Brandeis School of Law James P. Dady 30 University of Kentucky J. David Rosenberg College of Law MANAGING EDITOR 32 Northern Kentucky University Salmon P. Chase College of Law Shannon H. Roberts 33 Law Practice Management DESIGN & LAYOUT By Robert A. (Bob) Young Jesi L. Ebelhar 36 Effective Legal Writing By Professor Jane Bloom Grisé The B&B - Bench & Bar (ISSN-1521-6497) is published bi-monthly by the Kentucky Bar Bar News Association, 514 West Main Street, Frankfort, KY 40601-1812. Periodicals Postag e paid at 38 July Bar Applicant Listing
Frankfort, KY and additional mailing offices. 39 Casemaker Announcement All manuscripts for publication should be sent to the Managing Editor. Permission is granted for reproduction with credit. Publication of Departments any article or statement is not to be deemed an endorsement of the views expressed therein by 44 Kentucky Bar Foundation the Kentucky Bar Association. 46 Kentucky Lawyer Assistance Program Subscription Price: $20 per year. Members subscription is included in annual dues and is 52 Continuing Legal Education not less than 50% for the lowest subscription price paid by subscribers. For more information, 56 In Memoriam call (502) 564-3795. 58 Who, What, When and Where POSTMASTER Send address changes to: B&B - Bench & Bar 514 West Main Street Frankfort, KY 40601-1812 Several inside graphics by ©istockphoto.com/JesiWithers BENCH & BAR | 1 PRESIDENT'S PAGE
From the BY J. STEPHEN SMITH Basement
his president’s navigate through this mess. To that end, I post a running total of civic hours on our page comes encourage you to write op-eds, blogs, tweet, website, www.Graydon.law, and it stands Tto you during and otherwise let the world know about the at 12,108 for the past year. We also post week seven of our good things we do. the number of beers served at our mostly #HealthyAtHome effort, and from my monthly happy hour, Graydon on Tap. home office, which in my case is a well-ap- This final page is full of thank you mes- Beyond the statistics are the people, how- pointed corner room in the basement. sages and well-wishes to the people who ever. My assistant Pati Paige, the lawyers in Hopefully, each and every Kentucky lawyer have been so supportive during my jour- our Kentucky office every day – Tom Pre- has a location and the equipment necessary ney through the KBA. I’ll never be able witt, Stacy Cole, Dick Schmalzl, Darren to work during this incredibly odd time. By to name everyone, and missing the annual Ford, Frank Schultz, Mike Surrey, Dan the time this article reaches you, we will convention means I won’t have the chance Tobergte, Loren Wolff, Mark Ogle, Emily likely, maybe, hopefully, be staging our way to express my gratitude in person. Regard- Cochran, Amanda Penick, Susan Argo, and back into a work rhythm, though no one ing the convention itself, I hope that at least John Kropp – every one of them supported knows exactly what that will look like. In you perused the B&B Magazine to see the my KBA work at some point in time. Our the meantime, we make lemonade. plan for the 2020 KBA Convention. It was Managing Partner, Jack Greiner, the current going to be a great one. In my mind, we Executive Committee and their prede- It seems to me that Kentucky has responded broke attendance records, went seamlessly cessors (this has been a 10-year process) very well to the challenges posed by this paperless, enjoyed 80-degree sunny days not only put up with me over these years, virus. The people with the data say that and clear evenings, ran on time, all guest but encouraged me forward. Many others however painful, the sacrifices to flatten speakers were wonderful, and we filled the stepped up to speak at conventions, KLU’s, the curve when facing a virus and lacking local restaurants for the week. It wasn’t to and New Lawyer Programs, or to serve on a vaccine have been effective. During this be, so the pressure is on Tom Kerrick to various committees. Our entire amazing time, lawyers throughout Kentucky have knock it out of the park next year in Lex- team, lawyers and staff, deserves a round been instrumental in advising companies, ington. We’ll come back to Covington in of applause that they won’t hear live. charities, schools, governmental units, first 2024. responders, small businesses, and indi- The people at the KBA became friends. viduals on all avenues of law and coping. Thanks begin with my colleagues at Gray- John Meyers, Melissa Blackwell, Mary Beth We should be proud of our work, brag a don. Many around the Commonwealth Cutter, Jane Herrick, Michele Pogrotsky, little about our work, and let people know know us as a firm that values public ser- Yvette Hourigan, Guion Johnstone, that lawyers are working diligently to help vice and charitable commitments. We Shannon Roberts and their respective Many, Many,
2 | Thank MAY/JUNE 2020 You’s 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
BENCH & BAR | 3
Lawyers_Mutual_women_B&B_8.5x10.875.indd 1 3/19/20 1:08 PM PRESIDENT'S PAGE
departments are all people I will miss. is always open, and Katie Shepherd makes There are just too many people, and I only Beyond the department heads, some staff sure that I know what I need to know. scratched the surface. During my year as members are with us constantly in meet- She is a pro’s pro. Justice Keller has been a past-president, I am going to make an ings, on the road with KLU and other friend for years and I’m sorry not to be able effort to get around the Commonwealth events, such as; Ashley Cooper, Gwen to give her the Distinguished Judge award and take care of many more thank you’s. I Smallenburg, Jay Garrett, Susan Greenwell, at the convention, but we will find a time have truly enjoyed the honor of being your Caroline Carter, Ema Haines, Lori Reed, with appropriate fanfare to honor her and president. It is a wonderful role that anyone Sonja Blackburn, Machell Smith, Jesi Ebel- all of the award recipients. The entire Court should pursue, and I am very sorry that har, Terri Marksbury, Coleen Kilgore, and is open, responsive, and involved in our pro- the second half of this year became such a Clifford Timberlake. The attorneys in the fession, beyond renditions, and everyone at wreck. However, there are people suffering OBC who present difficult discipline cases the KBA appreciates them. worldwide and the heartburn I feel seems professionally, and the entire OBC staff, are less than important. I wish every person in all stellar. And last but not least, Phyllis I also want to thank my family. I am “stay- our Commonwealth, and elsewhere, health. Newsome and the membership department ing-at-home” with Vicki, her daughter are invaluable. Thanks to all. Hannah, three dogs (The Monkey, The That’s about a wrap for me. As T.S. Eliot Rabbit, and lil’ Butt), and my parents, Jim said, “What we call the beginning is often Naming every board member, I have served and Gay, are nearby. They are going very the end. And to make an end is to make a with is impossible here. I’ll see them and strong after more than 60 years of marriage beginning. The end is where we start from.” thank them personally someday. and I can’t imagine better parents. Vicki’s elder daughter Jenni lives in Lexington and The entire Supreme Court is incredibly often joined KBA outings if her mother supportive of the KBA and enjoying time wasn’t available. I am extremely lucky on in KBA leadership revealed that up close all counts. and personally. Chief Justice Minton’s door
t e r m s e x p i r e o n t h e 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 that notice The current terms of the 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 member may serve three following Board Members consecutive two-year terms. Requirements for being nominated to run for will expire on June 30, 2021: the Board of Governors are contained in Section 4 of the KBA By-Laws and 1st District – Van F. Sims Paducah the requirements include filing a written petition signed by not less than nd twenty (20) KBA members in good standing who are residents of the candidate’s 2 District – Susan Montalvo-Gesser, Owensboro Supreme Court District. Board policy provides that “No member of the Board 3rd District – James M. Ridings, London of Governors or Inquiry Commission, nor their respective firms, shall represent 4th District – J. Tanner Watkins, Louisville an attorney in a discipline matter.” In addition, any member of the Bar 5th District - Mindy G. Barfield, Lexington who is considering seeking or plans to seek election to the Board of 6th District – Todd V. McMurtry, Ft. Mitchell Governors or to a position as an Officer of the KBA will, if elected, be th required to sign a limited waiver of confidentiality regarding any 7 District – Rhonda Jennings Blackburn, Pikeville 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 2020 COVID-19 Information and Update for KBA Members COVID-19 has changed our world in a variety of ways including how we go about our daily routines. To provide our members with up to date to information on a variety of topics impacting the practice of law, we have compiled a short list of items and where to visit for additional information.
Courts For information on Kentucky’s court system visit: CLE As many of you know the Supreme Court https://kycourts.gov/Pages/Coronavirus.aspx issued an Order addressing a change in the CLE requirements for the 2019-2020 KBA educational year. To view the order, turn For news on the bar center and each of our departments, to page 53 of this edition. including Continuing Legal Education (CLE) and the Office of Bar Counsel, visit www.kybar.org. We have scrolling banners on our homepage with important information and Social Media at the bottom is a listing of our latest news, which catalogues As always, we will continue posting recent blast emails to members. information to our social media accounts. Like our page on Facebook and follow us on Twitter @KyBarNews. KYLAP Mental health is very important during this pandemic. Our Future Editions Kentucky Lawyer Assistance Program (KYLAP) has worked diligently to provide resources for our members. You can of the Bench & Bar The July/August 2020 edition of the visit their website at www.kylap.org. For an article written by Bench & Bar will cover COVID-19 KYLAP Director Yvette Hourigan addressing a variety of topics and its impact on several areas relating to metal health and COVID-19 turn to page 46. of the law including family, bankruptcy, and KBA Annual Convention employment law. Our 2020 Annual Convention originally scheduled for Covington, June 24-26, 2020, has been cancelled to the coronavirus outbreak.
BENCH & BAR | 5 NOTICE FOR COMMENTS
Notice and Solicitation for Comments Concerning Uniform Bar Exam BY JUSTICE LAURANCE B. VANMETER
n April 14, 2020, the Kentucky Supreme Court issued a given the importance, as a matter of fairness, of maintaining stan- Notice to all members of the Bar soliciting comments on a dardization among tests across exam administrations and the time Oproposal to adopt the Uniform Bar Examination (“UBE”). required to develop high-quality essays. Most professions (medi- The Notice served to outline the UBE’s composition and its com- cine, accounting, engineering, architecture) utilize a licensing exam monly perceived benefits and disadvantages. As of this writing, developed by a national organization.10 As to the necessity of a bar the Court has received over 70 comments representing a diverse exam, the Court discussed diploma privilege for the class of 2020 range of perspectives: from third-year law students to lawyers with graduates in light of the COVID-19 crisis but rejected it, reflect- 50+ years of experience; from lawyers admitted only in Kentucky ing our belief that testing for minimum legal proficiency serves an to those who have passed multiple bar exams. The comments have important public protection purpose. been mostly favorable to the UBE’s adoption, with 80% in favor, 11% opposed, and 9% ambivalent or needing further information. The current Kentucky bar examination already uses 75% of the UBE This article explains the Kentucky bar admissions process and with the MBE, one MPT, three MEE questions, and six Kentucky addresses what are perhaps some misconceptions. essays. The UBE would replace the six Kentucky essays with three additional MEE essays and one additional MPT. Persons sitting First, the bar exam is not administered by the Kentucky Bar Associ- for the Kentucky exam must learn the same subjects as examinees ation;1 it is administered by the Kentucky Office of Bar Admissions. in the thirty-six UBE states, plus prepare for six additional Ken- Under the Kentucky Constitution, the Supreme Court “by rule, tucky essays. But Kentucky examinees do not receive the benefit of governs admission to the bar.”2 In fulfilling this obligation, the earning portable UBE scores that can be used to seek admission in Court has created the Office of Bar Admissions, which in turn other UBE jurisdictions without retaking a bar exam. is comprised of two entities, the Board of Bar Examiners and the Character and Fitness Committee.3 The Board, comprised of MBE, MEE, and MPT questions are drafted by NCBE’s drafting seven attorneys appointed by the Supreme Court,4 is responsible committees made up of law professors, lawyers, and judges from for administering the bar exam, subject to rules established by the around the country who are experts in their subjects. Every question Supreme Court.5 is pretested before it is used, and professors and attorneys from outside the committees review all questions to make sure they are Prior to 1972, the bar exam consisted only of Kentucky essays on valid, fair, and based on published test specifications.11 NCBE a permitted list of twelve subjects.6 No exam format was specified, grades the MBE; the Kentucky Board, however, grades the MEE and the Board was explicitly authorized to “cover the subject matter and MPT, and would continue doing so with the UBE. To ensure in any manner that it sees fit.”7 Since 1972, the Kentucky exam standardization of scores, NCBE’s testing professionals convert the has included tests developed by the National Conference of Bar MEE and MPT grades to scaled scores and combine them with the Examiners (“NCBE”), a nonprofit organization established in 1931 MBE scores to produce UBE scores on a 400-point scale on which to support state Supreme courts and boards in the bar admissions pass/fail decision are based. The Kentucky Supreme Court would process.8 Over time, the NCBE tests used by Kentucky have come still set the required passing UBE score for Kentucky. At present, to include the Multistate Bar Exam (MBE) (since 1972), the Mul- passing scores in UBE states range from 260 to 280. tistate Professional Responsibility Exam (MPRE) (since 1989), the Multistate Essay Exam (MEE) (since 1996), and most recently the If the UBE is adopted, the Kentucky bar exam may no longer Multistate Performance Test (MPT) (since 2019).9 contain Kentucky essay questions. None of the UBE jurisdictions supplement the UBE with state-drafted essays, and twenty-one do A few comments criticize farming out any portion of the licens- not require completion of any type of state law component before ing process to a national organization, testing by multiple choice admission.12 A consensus seems to exist in Kentucky, however, that questions instead of an all essay exam, or even requiring a bar exam. exposure to unique and significant features of state law should Most comments, however, acknowledge the benefits of such test- be required. UBE states having such a requirement (referred to ing. A return to a stand-alone Kentucky essay exam is unrealistic as a “jurisdiction-specific component”) meet it in various ways,
6 | MAY/JUNE 2020 including subject outlines coupled with online or in-person lectures and sometimes including an online assessment.13 Kentucky appli- cants would be required to complete such a component of some ABOUT THE AUTHOR form—separate from the UBE—before they are licensed, whether JUSTICE LAURANCE B. VANMETER they take the UBE in Kentucky or transfer their UBE score from another state. has served on the Kentucky Supreme Court since January 2017, represent- The Kentucky Office of Bar Admissions would continue to admin- ing the Fifth Appellate Court District. ister the bar exam, set educational requirements, grade the MEE He is one of four Justices to have and MPT portions, and control the application process, including served at all four levels of Kentucky the character and fitness requirements for admission. The UBE unified court system and has been a provides examinees with a portable score, not a portable status. member of the judiciary since 1994. Thus, only those from other states who have taken the UBE recently Justice VanMeter is the Supreme (Kentucky would set the time period), graduated from an ABA Court’s liaison to the Office of Bar accredited law school, achieved the UBE score required in Ken- Admissions. tucky, paid their admission fees, received approval of their character and fitness, and completed the additional Kentucky state law com- ENDNOTES ponent, would be eligible to become members of the Kentucky Bar. 1 SCR 3.010, et seq., creates the KBA and generally defines its purpose and functions. Of course, once someone passes the Kentucky bar exam and pays Law students in the Commonwealth would benefit substantially the applicable fee, he or she becomes a member of the KBA. SCR 2.085, from a move to the UBE. The UBE increases the consistency across 3.030. 2 Ky. Const. § 116. the U.S. in subjects tested on the bar exam, allowing students to 3 SCR 2.000. plan their preparation and course of study during and after law 4 SCR 2.020 (Board of Bar Examiners’ composition). As of this writing, the school. The UBE also maximizes students job opportunities early Character and Fitness Committee is comprised of five lawyers. Beginning in their careers by allowing them to relocate to other UBE jurisdic- May 1, 2020, that Committee will consist of seven lawyers and two lay members, all appointed by the Supreme Court. Supreme Court Order tions without being required to take another state’s bar exam. This 2020-21 (entered Apr. 9, 2020). The rules governing the Committee are set will make Kentucky law schools more attractive to undergraduate out in various sections of SCR Part II, principally SCR 2.011, 2.040, 2.042, students who are unsure of where they will practice. Lastly, it will 2.050, 2.060, 2.062, 2.085(2), 2.110, 2.111, 2.112, and 2.300. reduce the costs to students and new lawyers looking to practice 5 SCR 2.020(3). 6 Rules of the Court of Appeals of Kentucky (RCA) 2.090(a) (1973). The in multiple jurisdictions and make students more marketable to required list of subjects was Administrative Law and Procedure, Conflicts law firms in border cities with practices covering multiple states. of Laws, Contracts, Constitutional Law, Corporations, Criminal Law and Procedure, Civil Procedure and Evidence, Real Property, Federal Taxation, The profession also benefits from the implementation of the UBE. Torts, Uniform Commercial Code, Wills and Trusts. The list of current subjects has varied over the last 45 years. SCR 2.080(1)(a)-(k) sets forth Multi-jurisdictional practice is a reality in today’s legal profession. the current list. The UBE would ensure that all those who become members of the 7 RCA 2.090(b). Kentucky Bar have met consistent standards to begin practice—by 8 Visit http://www.ncbex.org/about/ for information about NCBE’s role in taking the same exam, given and graded under the same condi- bar admissions. 9 The Board retains the authority to “cover the subject matter in any manner tions--as those who take the bar exam in the Commonwealth. that it sees fit,” including exams prepared by the board or the MBE, MEE, and MPT. SCR 2.080(2). No one argues that the UBE is perfect or that any test is flawless, 10 A few examples of national professional licensure testing organizations in- especially anyone having sat through a first-year torts exam, with clude the National Board of Medical Examiners, National Council of State Boards of Nursing, National Association of Boards of Pharmacy, National apologies to my first-year torts professor. Nonetheless, the UBE Council of Examiners for Engineering and Surveying, American Institute appears to be a very good option moving forward to streamline our of CPAs, National Council of Architectural Registration Boards, and the bar examination process, ensure that our law students are prepared Federation of State Boards of Physical Therapy. for the realities of today’s practice, encourage students from across 11 See Timothy Davis and Marcy G. Glenn, How Are Questions Written for NCBE’s Exams? Part One: Two Multiple-Choice Question Drafters Share the the country to attend our law schools, and administer an exam Process, The Bar Examiner (Fall 2019), https://thebarexaminer.org/article/ that reliably determines whether applicants have the fundamental fall-2019/how-are-questions-written-for-ncbes-exams-part-one/, and legal knowledge and skills to become respected members of the Sheldon F. Kurtz and Alexander W. Scherr, How Are Questions Written for Kentucky Bar. NCBE’s Exams? Part Two: Two Written-Component Question Drafters Share the Process, The Bar Examiner (Winter 2019 –2020), https://thebarexamin- er.org/article/winter-2019-2020/how-are-questions-written-for-ncbes-ex- ams-part-two/. 12 These states are Alaska, Arkansas, Colorado, Connecticut, District of Comments are requested through June 30, 2020: Columbia, Idaho, Illinois, Iowa, Kansas, Maine, Minnesota, Nebraska, [email protected]. New Hampshire, New Jersey, North Dakota, Oregon, Rhode Island, Utah, Vermont, West Virginia, and Wyoming. 13 UBE Jurisdiction-Specific Components: Seven Unique Approaches, The Bar Examiner 38 (Sept. 2016).
BENCH & BAR | 7 UNIFORM BAR EXAMINATION
Supreme Court of Kentucky
NOTICE AND SOLICITATION FOR COMMENTS TO KENTUCKY BAR ASSOCIATION MEMBERS REGARDING PROPOSAL TO ADOPT UNIFORM BAR EXAMINATION
* * * * * * *
Pursuant to KY. CONST. § 116, the Supreme Court of Kentucky hereby
gives notice to the members of the Kentucky Bar Association of a proposal for
the Court to adopt the Uniform Bar Examination (UBE) as the official test for
admission to the Kentucky bar. The Court requests comments with respect to
this proposal by June 30, 2020. Comments should be addressed to:
Office of the Chief Justice: [email protected]
The UBE is comprised of three parts: Multistate Performance Test (MPT),1
Multistate Essay Examination (MEE),2 and Multistate Bar Examination (MBE).3
The UBE is developed and administered two times a year, typically in February
and July, by the National Conference of Bar Examiners (NCBE).4 At present,
1 The MPT consists of two simulated case files presented in a realistic setting and calls for the test candidate to demonstrate fundamental lawyering skills regardless of the area of law in which the task arises. Each case file lasts 90 minute, for 3 hours total. 2 The MEE is comprised of six 30-minute essays (3 hours total) covering seven MBE topics (infra note 3) plus Business Associations, Conflict of Laws, Family Law, UCC Art. 9 (Secured Transactions), and Trusts & Estates. 3 The MBE is a 200-question, multiple-choice exam (6 hours) covering Contracts, Constitutional Law, Criminal Law and Procedure, Evidence, Real Property, Torts, and Civil Procedure. 4 Due to the COVID-19 crisis, several states have decided to postpone the July exam, and the NCBE has announced its intention to make its tests available in September 2020. (http://www.ncbex.org/ncbe-covid-19-updates/) (accessed Apr. 9, 2020).
8 | MAY/JUNE 2020
35 states and the District of Columbia have adopted the UBE, with full portability of scores for those taking the test. The Kentucky Board of Bar
Examiners currently uses the MBE in its entirety and is authorized to use MEE essays and components of the MPT.5 In addition, the Board tests knowledge of
Kentucky law by six essay questions.6
In 2012, the Court created the Kentucky Bar Admission Review
Commission to evaluate the bar admissions process.7 In 2015, the
Commission issued its Report, and, inter alia, recommended not adopting the
UBE. The Report noted that “a minority of other states (14) have adopted the
[UBE]”; and that it “does not establish a true ‘national’ bar exam because participating states still establish their own exam pass rates and continue to grade the essay portion of the exam. Each state also sets its own character and fitness requirements.” Report at 17. The Report expressed the
5 See SCR 2.080(2) (“The Board may cover the subject matter in any manner that it sees fit, including or not including essay examinations prepared by the Board, and any of the following examinations prepared by the National Conference of Bar Examiners: Multi-state Essay Examinations (MEE) and the Multi-state Bar Examination (MBE). Beginning with the administration of the July 2019 Bar Examination, the Board may also include item(s) from the Multi-state Performance Test (MPT), prepared by the National Conference of Bar Examiners.” 6 The topics listed in SCR 2.080(1) are (a) Contracts, including sales and secured transactions, (b) Constitutional Law, (c) Business Entities (corporations, partnerships and/or others), (d) Criminal Law and Procedure, (e) Civil Procedure, (f) Family Law, (g) Property (real and/or personal), (h) Torts, (i) Estates (wills and/or trusts), (j) Evidence. 7 The Commission’s full purpose was To assess the current standards and processes used to determine whether an individual is qualified to practice law in the Commonwealth of Kentucky; to determine whether these standards and processes are still effective in serving the best interest of the general public; and, to advise the Supreme Court of Kentucky on measures that could be undertaken to improve the Court’s ability to ascertain the fitness and competence of individuals seeking to practice law. Report of the Bar Admissions Review Commission, 1 (July 2015) (https://kycourts.gov/resources/publicationsresources/Publications/ReportofBarAdmi ssions.pdf) (accessed April 9, 2020).
2
BENCH & BAR | 9 UNIFORM BAR EXAMINATION
Commission’s concern that “[a]doptin the [UBE] would leave entuc y with no
direct control over the substance of any of the remainin essay exam
uestions[,] and “‘uniform’ uestions do not always match the law as applied in
a particular state.” Report at 18.
n less than five years since the Commission issued its report, twenty
additional states have adopted the UBE. n addition, four more states,
ndiana, ichi an, lahoma, and ir inia, are considerin adoption.
entuc y, as opposed to bein in the majority, is now in the minority of states
which have not adopted the UBE. dditionally, of its seven borderin states,
five have adopted the UBE llinois, issouri, hio, Tennessee, and est
ir inia. nd as noted, ndiana and ir inia are considerin .
hile the Commission recited disadvanta es of the UBE, it has some
advanta es. or students, the UBE (a) increases consistency in subjects tested
on the bar exam across jurisdictions, (b) maximi es job opportunities because
UBE scores are transferable to other UBE jurisdictions, and (c) reduces actual
costs and opportunity costs of preparin for and ta in the bar exam in
multiple jurisdictions. The stated advanta es of the UBE for the le al
profession are that it (a) ac nowled es a shared core of le al nowled e and
lawyerin s ills, (b) assures a hi h uality, uniform system of assessment of
minimum competence, and (c) reco ni es the reality of multi jurisdictional or
cross border practice.
10 | MAY/JUNE 2020
ore in ormation re ardin the is a ai a e on the NCBE’s website.8
n addition, recent reports rom ndiana, hio and e as concernin those states’ bar admission studies are available on ine.
the Co rt adopts the , it i set the passin score and the ma im m time period or trans errin scores. he Co rt i a so direct the oard o ar aminers to de e op a ent c a component to s pp ement the .1
The Court requests comments from members of the bar by June 30,
2020. Please email comments to [email protected].
ate pri 1 , .
C C
8 http .nc e .or e ams e accessed pr. , . ndiana Report https .in. o diciar ace i es ar st d report 1 .pd accessed pr. , hio Report https .s premeco rt.ohio. o ications ar am report.pd accessed pr. , e as Report https .t co rts. o media 1 1 1 ina tas orce report 1 18.pd accessed pr. , . 1 the thirt i e states that ha e adopted the , o rteen ha e adopted a pre admission state a component a ama, ri ona, ar and, assach setts, isso ri, ontana, e e ico, e or , orth Caro ina, hio, o th Caro ina, ennessee, e as, and ashin ton. hese ran e rom on ine o t ines and co rses, to in person presentations.
BENCH & BAR | 11 Features: WOMEN IN THE LAW
IMPORTANT WOMEN IMPORTANT MILESTONES BY JUSTICE MICHELLE M. KELLER We are told that men protect us; that they are generous, even chivalric in their protection. Gentlemen, if your protectors were women, and they took all your property and your children, and paid you half as much for your work, though as well or better done than your own, would you think much of the chivalry which permitted you to sit in street-cars and picked up your pocket-handkerchief? Mary Barr Clay Madison County, 1839-1924
n January 6, 1920, the first day of the Legislative ses- answered that we had been planning it for centuries, but in reality, sion that year, Kentucky ratified the 19th Amendment, it was just the natural consequence of greater numbers of women becoming the 23rd state to do so. A mere 10 years before, availing themselves of legal education and, of course, following the O in 1910, the Kentucky Legislature had raised the age at path of the women of the law who were our trailblazers. which a girl could marry from age 12 to 16 years and had passed a co-guardianship law which recognized a mother’s claim to her own In 1989, then Chief Justice Robert F. Stephens established a task children. True progress was epitomized with the right to vote, the force to study the problem of gender bias in the legal system. In very cornerstone and foundation of “government by the people.” 1992 the task force determined that gender bias did indeed exist Participation in the political process through the ballot box ensures in the Kentucky legal system, validating the widely held beliefs of not only “government by the people,” but it also legitimizes the Rule many female attorneys, judges, and litigants. Women were already of Law in this Commonwealth and in this nation. at work doing something about it. In March of 1987, Judy Moberly “ West became the first woman to sit on the Kentucky Court of Many Kentucky women toiled as suffragettes, and when the right Appeals, a seat she held until her untimely death from breast to vote finally arrived, with it came another new right and responsi- cancer. Then in 1993, Sara Walter Combs became the first woman bility. In 1921, for the first time, in Campbell County, women were appointed to the Supreme Court of Kentucky. She lost her seat in allowed to sit on juries. Based upon an opinion from the attorney the subsequent election, but the seat remained in the female hands general, Campbell County Circuit Judge Otto Wolff” announced of Judge Janet Stumbo, who became Justice Stumbo. Justice Combs that women would be included in the upcoming pool of prospec- became Judge Combs of the Court of Appeals in 1994, and later tive jurors and it was banner news in the local newspaper, The was elected by her fellow judges to serve as the first female Chief Kentucky Post. The first woman to be summoned for jury service Judge of that Court in 2004. Justice Stumbo continued to serve was Kate Demmerle of Newport. Reportedly, she was not thrilled on the Supreme Court until 2004; she subsequently finished her about serving and confessed that she would prefer to stay home and career as a jurist on the Court of Appeals. Women had not only make catsup for her family. However, she noted it was her duty, and joined the ranks of the highest level of the Kentucky Judiciary, but history was made. As early as 1928, Kentucky experienced its first had been recognized by their peers as deserving of leadership roles. female judge, Kathleen Mulligan, but as a gender, women would The franchise of the vote truly sparked women’s participation in remain significantly underrepresented in the legal arena for many civic and government life in the Commonwealth. I asked Judge years to come. Combs what the 100th anniversary of the 19th Amendment means to her. “As with all freedoms once acquired, we tend to forget the Fast forward to 2006 when, in one single election cycle, the number sacrifices that brought them into reality. We cannot envision the of women in the judiciary soared from approximately 10 percent to morally impoverished world that existed prior to the change – be it nearly 33 percent!! Many people, both in and out of the legal pro- emancipation from slavery, freedom of worship, or women’s suffrage. fession, were astounded and questions were being asked like, “Did It is vital for us to pause and remember not just as a gesture of grat- you girls get together and plan this?” Of course, “us girls” could have itude, which we surely owe, but as a fail-safe against the injustice
12 | MAY/JUNE 2020 that inspired the movement. At its essence, this Amendment is a constantly reminds us of the torch we are bearing. When I joined testimony to the ongoing battle against injustice in all its endless the Women Lawyers Section of the Northern Kentucky Bar Asso- and malignant forms.” Well said, Judge Combs! ciation, there were just a few of us and we knew each other well. Now, I am happy to say that the section has so many members that It is clear that Judge Combs views her role in history with delib- I cannot remember all of them! eration and gratitude. Her path led the way for others, such as my former colleague, Mary C. Noble, now Secretary of the Justice This is a positive change throughout the Commonwealth, includ- and Public Safety Cabinet, who became the first woman to serve ing our law schools. Both the University of Kentucky’s J. David as Deputy Chief Justice of the Supreme Court of Kentucky. The Rosenberg College of Law and the Northern Kentucky Universi- role of Deputy Chief Justice is now well-filled by my colleague, ty’s Salmon P. Chase College of Law are led by female Deans for Justice Lisabeth T. Hughes. Additionally, Judge Denise G. Clayton the first time in their respective storied histories. Mary J. Davis is became the first African American woman to serve on the Kentucky serving as Interim Dean at UK, and Judith Daar is serving as Dean Court of Appeals and now leads that court as Chief Judge. These at Chase. Dean Barbara Lewis, now deceased, led the University aforementioned women are just a sampling of the highly competent, of Louisville’s Brandeis School of Law as early as 1981. When I ethical and talented women who have been serving the Court of asked Dean Daar to reflect on the 19th Amendment, she opined, Justice for the past decades. There are many women that I do not “The 19th Amendment gave structure and voice to a population have the space to recognize who have been the respective “firsts” keenly self-aware of their capacity to contribute mightily to the in their own jurisdictions, whether on the trial or appellate courts. nation’s well-being. As the first female to lead Chase College of It goes without saying that these great strides could not have been Law, I embrace the opportunity and the responsibility to contribute possible without an ever-increasing pool of competent and qualified to our community’s growth and prosperity by inviting voices of women lawyers. As the number of female law school graduates every stripe to speak their mind and share the truth. For those of us increased, they began to slowly populate law firms, academia, busi- who dedicate our hearts and talents to the Rule of Law, nothing is ness and government. I have had the benefit of learning from and more precious than a seat at the table. For women, even today, that working beside many of them; I wish I could name them all in this seat is often hard-fought and rife with skewed expectations. Only article, as so many of us were the first in so many of the tasks we by seeing each other around the table as equals - equally capable, undertook. I believe that reflecting on the courage and struggles equally flawed – can we truly advance the enterprise of justice.” of the women who went before us, the suffragettes and others,
First all female jury in the United States Jessamine Circuit Court November 12, 1920 Left to Right, Front Row: Mrs. Robert Askins - Center Row: Mrs. Lin Goss, Mrs. Lelia Cannon, Mrs. Robert Duncan, Mrs. Thorton Lowery, Mrs. Harry McGee, Mrs. Eliza Watts Rear Row: W.J. Baxter, Atty., Mrs. James Welch, Mrs. Robert Simpson, Mrs. Jessie Lunsford, Mrs. Frank McDowell, Mrs. Irene Lowery, E.B. Hoover, Atty.
The photograph is located in the jury room of the Jessamine Circuit Courthouse.
BENCH & BAR | 13 Features: WOMEN IN THE LAW
ABOUT THE AUTHOR We are blessed in Kentucky to have outstanding female leadership JUSTICE MICHELLE M. KELLER was for the next generation to emulate. We have had female presidents appointed to the Supreme Court of of the KBA, currently of the ABA, and many of our professional Kentucky in April 2013 by Governor associations. In addition to those already mentioned, I respectfully Steven Beshear and was subsequently add Professor Allison Connelly of UK’s Rosenberg College of Law elected to a full eight-year term on to the list. What she has meant to the law school and her students the Court in November 2014. She is beyond measure, and her contributions far exceed the space I am currently serves as the chair of the allotted. For the purposes of this article, I will highlight the fact that Access to Justice Commission and she rose through the ranks of the state public defender system to Criminal Rules Committee. Justice become the first and only woman ever named as Kentucky’s Public Keller was elected to the Court of Advocate. At a recent UK Women’s Law Caucus event, Professor Appeals in November 2006, where Connelly noted the importance of the 19th Amendment in her she served until her appointment to acceptance speech for an award she was receiving. She emphasized the Supreme Court. Prior to her election to the Court of Appeals, how that amendment gave us a voice, and we have a responsibility Justice Keller practiced law for 17 years, during which she served to use it! as an assistant county attorney and worked in private practice. Her private practice concentrated in the areas of medical negligence All women stand on the shoulders of those who have gone before defense, administrative law, personal injury, and family law. Justice us. When the 19th Amendment was ratified, my beloved grand- Keller attended Northern Kentucky University’s Salmon P. Chase mother, Helen Finn Sheehan, of Pendleton County, Kentucky, was College of Law while working as a licensed registered nurse in already a young wife and mother of two of the five children she critical care. She has received numerous awards, among them a would eventually bear. She taught me from a very early age how 2012 Outstanding Woman of Northern Kentucky honoree; both transformative the right to vote was for her. She never missed an the Chase Excellence and Chase Exceptional Service Awards in opportunity to exercise that right, and I think of her every time I 2007 and 2011 respectively; and was the first woman presented exercise my right to vote. I have never taken for granted the oppor- with the Distinguished Lawyer of the Year Award by the North- tunity I have been afforded to serve as the first female justice from ern Kentucky Bar Association. A lifelong Northern Kentuckian, the 6th Appellate District. When I joined the Supreme Court, for Justice Keller and her husband, Jim, a physician, are the proud the first time, we had three female justices. And, but for a short parents of two daughters, Brenna and Olivia. period of time, with the addition of Justice Debra Lambert, that ratio remains.
We now enjoy the privileges that others have helped provide. I once had the wonderful experience of being in a small group discus- sion with Justice Sandra Day O’Connor. I asked her what it was truly like to be the first female justice on the United States Supreme Court. Ever eloquent and ladylike, she Litigation Support, described her transition to the Court. One of the most compelling pieces I remember Valuation, and from that conversation was the fact that she Financial Forensics was so candid about how lonely it was in the beginning. Thank you, Justice O’Connor, Jus- Billy Upchurch tice Ginsburg, all the women described in this CPA/ABV/CFF, CFE, CVA article, and countless others who have been their friends and peers, because thanks to you, we, the women of the law, do not have to be lonely any more.
Credentialed Flemingsburg Louisville Richmond Lexington Maysville
Chris Hatcher CPA/CFF, CFE, CVA, CGMA 866.287.9604 www.baldwincpas.com
14 | MAY/JUNE 2020
Features: WOMEN IN THE LAW
The question is whether men ‘‘ should be allowed to vote: ’ The Struggle for Women’s’ BY ELIZABETH A. DEENER Suffrage in Kentucky AND JAMES P. DADY
s America made the long, tortuous journey to woman’s suffrage, Ken- A tucky women joined in the struggle in ways still to be admired at the centennial of the 19th Amendment.
Led by Elizabeth Cady Stanton and Lucre- tia Mott, some 300 devotees of the cause gathered in 1848 for the Seneca Falls Convention in upstate New York. Finding common cause with those devoted to the abolition of slavery, the Convention in its Declaration of Sentiments proposed that “All men and women are created equal […]” and claimed the right of women to vote.1 By then, Kentucky had made one of the earliest forays into women’s suffrage. In establishing the first system of free public education in 1838, the General Assembly gave widows and unmarried female prop- erty owners the right to vote in school elections.2 But most women were not eligi- ble under this limited grant of the franchise, and few women in fact voted.
Determining who could vote was committed to state jurisdiction by the framers of the U.S. Constitution. Into the breach moved the states, all intoning the same theme: voting was to be the privilege of propertied white men. These specifications seem now to belong indeed to another millennium.
New York was the home of Frederick Douglass, the great African-American emancipationist, of Ms. Stanton, and Susan B. Anthony, the famous suffragist and perhaps the most significant woman in American history. Nevertheless, New York’s constitution reserved the franchise to “[E]very male inhabitant of full age who shall have personally resided within one of the counties of the state for six months immediately preceding the day of the 16 | MAY/JUNE 2020 election [ … ] if during the time aforesaid As Ms. Anthony was being prosecuted for in 1881, the Kentucky Woman’s Suffrage he should have been a freeholder of the the crime of voting, suffragists were liti- Association was formed.8 value of twenty pounds” etc., etc.3 gating another case arising in Missouri. Virginia Minor applied to a local registrar Then there was the case of Mildred Sum- North Carolina had voting qualifications to cast a ballot in the same election and was mers Lucas. In July, 1884, her husband W.J. in elections for state senate different from refused under a Missouri law that confined Lucas, serving as jailer in Owensboro, was those for its House of Commons, but in the franchise to men. killed protecting a black prisoner. Mildred both cases voters needed to be “freemen of was appointed to succeed him, and the the age of 21 years.”4 Ms. Minor sued the registrar. Her theory choice was ratified by the voters of Daviess was that by denying her the ballot, the reg- County. But her accession to the job was Frederick Douglass and Susan B. Anthony istrar, acting under the color of state law, blocked by the county judge because as were practically neighbors in Rochester, was denying her a right guaranteed by the a woman, Ms. Lucas was not eligible to New York, and they supported each oth- Privileges and Immunities Clause of the serve.9 er’s causes for decades, until the friendship U.S. Constitution.7 frayed in the debate over the 15th Amend- Aggrieved, Ms. Lucas sued in mandamus ment granting African-American men the Unanimously and emphatically, the U.S. to require Atchison, the county judge, to right to vote. Black male suffrage was won Supreme Court rejected Ms. Minor’s plea. accept her tender of bond and administer only after generations of social, political, The Privileges and Immunities Clause does the oath to her. and sectional conflict and the waging of not guarantee the right to vote, the court the Civil War. said. The 14th Amendment protects against The case was passed to the Court of a state impairing rights the Constitution Appeals, then Kentucky’s court of last Both Ms. Stanton and Ms. Anthony opposed guarantees. Since the right to vote was not resort, by a device known then as superse- the 15th Amendment. They demanded that among them, the state of Missouri did not deas. The Court of Appeals spent the bulk the crusade for black male suffrage should offend the Constitution in denying Ms. of its opinion on procedural flaws in Ms. gather up women in its ambit.5 Minor the franchise. Lucas’s case: who can bring an action in mandamus, what can be requested by the Agitation for women’s suffrage ground on Near the close of its decision written by writ, who can be a defendant. The opinion after the Civil War. Chief Justice Morrison Waite, the Court is a small classic in the annals of jurispru- seemed almost to apologize for it: dential circumlocution, which perhaps was Ms. Anthony registered and voted in the court’s intention. Our province is to decide what the 1872 presidential election. She was arrested and prosecuted for her crime in the law is, not to declare what it Unable to cite a specific provision in the federal court. She was the object of the should be. If the law is wrong, it Kentucky Constitution barring women trial judge’s special concern. Observing ought to be changed. from the office, the court reasoned its way a federal rule then prevailing, the judge by analogy to a rule: denied her the right to be heard. He then [N]o argument as to woman’s It necessarily follows, it seems to directed a jury verdict of guilty and fined need of suffrage can be consid- ered. We can only act upon her us, that when women are excluded Ms. Anthony $100. rights as they exist. from the right to vote when those Over the judge’s attempts to silence her, officers are to be elected, they are It is not for us to look at the hard- also excluded from the right to Ms. Anthony defied him with what has been described as the most famous oration ship of withholding. Our duty is hold the offices voted for. in the history of the suffrage movement. at an end if we find it is within She characterized the judge’s conducting the power of a state to withhold. Near the close of its opinion, the court of the trial as offered Ms. Lucas some petty comfort. Even though, women were accorded suf- Mr. Duncan, who lost the election to Ms. [T]his high-handed outrage frage in the Wyoming Territory by 1869 Lucas, but who was appointed when she upon my citizen’s rights. You have and the Utah territory in 1870, many was disqualified, claimed the sum of $274 trampled underfoot every vital suffrage advocates came to view a consti- the county had reimbursed Ms. Lucas in principle of our government. My tutional amendment as the indispensable her short tenure. The court turned him remedy for their grievance. natural rights, my civil rights, my down: judicial rights are all alike ignored. The first meeting of suffrage advocates It would be against every rule of The judge declined to have Ms. Anthony in Kentucky was probably at Glendale law, equity, and good conscience in Hardin County in 1867. Ms. Anthony to take this from [Lucas] and give jailed when she refused to pay the fine, 10 thus preventing an appeal to the U.S. and Carrie Chapman Catt gave speeches it to [Duncan]. Supreme Court.6 espousing suffrage across Kentucky, and
BENCH & BAR | 17 Features: WOMEN IN THE LAW
Against this backdrop of legally sanctioned Without the drive to ban the “liquor evil,” was the only instance in American history patriarchal hegemony in Kentucky, the Pro- the suffrage movement would not have where the franchise extended to women gressive Era dawned around 1890. drawn the talents and energies of gifted was subsequently taken away.15 women such as Ms. Stanton and Ms. In its culmination in the second decade of Anthony, who made her first public speech Kentucky suffragists, then decided to dis- the twentieth century, no fewer than four in 1849 to a group called the Daughters of tance themselves from the cause of racial amendments to the U.S. Constitution were Temperance.12 Carry Nation, the famous justice and accept a school suffrage statute ratified within seven years: axe-wielding prohibition crusader, was born in 1912 which gave the vote to women but 13 14 th in Garrard County in 1846. which included an educational qualification • The 16 Amendment permit- that most African-American women could ting the income tax; As enthusiasm for both causes gathered not meet.16 This literacy test was probably • The 17th Amendment taking from across the country, the General Assem- inserted over the objection of Mary E. legislatures and giving to voters bly, acting under authority of a provision Britton, M.D., a female African-Ameri- authority to elect U.S. senators; in the 1891 Constitution passed a statute can physician, who pioneered the causes of
th permitting women in Lexington, Cov- racial justice and women’s suffrage, among • The 18 Amendment banning ington, and Newport to vote in contests others.17 the sale of alcohol; for school board, municipal elections, and • The 19th Amendment. in presidential elections. The statute was As pressure for universal suffrage expanded repealed in 1902. In one election year in in the second decade of the twentieth Importantly, the suffrage movement found Lexington while it was in force, 662 women century, the arguments against it had common cause with the temperance move- registered as Democrats; 1997 as Republi- crystallized. ment. Suffrage was a direct consequence of cans, many of them black. The Democrats 11 the sentiment for prohibition. did not actually lose because of this change Suffragists had been denounced in the in the (racial) balance in registration, but 1870s as modern-day Jerushas, and as they feared that they might eventually. It “Yankee girls.” A Georgetown newspaper
Lawyers with one mission: to advance yours.
Our Corporate Compliance & White Collar Criminal Defense attorneys provide unique experience and strategic counsel.
Taftlaw.com Robert K. McBride / (859) 547-4308 This is an advertisement.
18 | MAY/JUNE 2020 editor asserted that members of the Gen- of a juvenile court system, and when she A biographer characterized Ms. Clay’s eral Assembly should marry the “fuzzy old returned to Kentucky she pushed the Gen- attitude toward African-Americans as Yankee girls and convert them into sensible eral Assembly to start one here in 1906. paternalistic rather than racist. She split women.” A Louisville preacher thundered with many in the movement when she that suffragists were “[N]otorious,” and that Indefatigable in the cause of tuberculosis, opposed suffrage being inscribed into the they represented “a fiery partisan assault Ms. Breckinridge helped to initiate a free TB federal constitution, regarding the cause upon, not only our common Christianity, dispensary, and to raise the equivalent of $1.2 as a matter for the states to settle for but our social order.”18 million in today’s dollars to build the Blue- themselves. grass Tuberculosis Sanitarium in Lexington. The arguments of the opponents later Ms. Clay’s sister Mary Barr Clay served as became subtler, if inconsistent. Women are In 1912, Ms. Breckinridge became pres- vice president of both the National Woman not men’s equals and should be subordinate ident of the Kentucky Equal Rights Suffrage Association and the American to them, was one theory. Another was that Association, and helped to lobby to passage Woman Suffrage Association. She helped women were subordinate to men in the that year’s school suffrage law.20 to organize the national meeting of the public sphere but superior at home. There, latter organization in Louisville in 1881, women existed on a higher moral plane Ms. Breckinridge gave as good as she got in the first to be held south of the Mason- than men, and to involve them in public the debate over suffrage. With Kentucky’s Dixon line. life would overburden them and destroy poor schools, history of violence, and cor- their innate superiority.19 rupt politics, the question, she said was not The momentum for suffrage began to take whether women should vote but whether on the character of an irresistible force These and other arguments were met by men should.21 when President Woodrow Wilson endorsed Madeline McDowell (Madge) Breck- it in an address to Congress in 1918 during inridge, who answered an insult from a One of Ms. Breckinridge’s predecessors as World War I. Kentucky governor directed at the suffrag- president of the Kentucky Equal Rights ists with this rejoinder: “Kentucky women Association was Laura Clay, the daughter “We have made women partners in this are not idiots – even though they are closely of the famous abolitionist Cassius M. Clay. war … Shall we admit them only to a part- related to men.” nership of suffering and sacrifice and toil Laura Clay supported herself through a and not to a partnership of privilege and Born in 1872, the year of the prosecution of long life of agitation for suffrage and other right?”24 Susan B. Anthony, at Woodlake in eastern causes with the income from a 300-acre Franklin County, and a great grand-daugh- farm in Madison County she leased from President Wilson perhaps was motivated ter of Henry Clay, Ms. Breckinridge moved her father, and to which she took title after by street protests for the cause of suffrage to the Clay estate, Ashland, in Lexington, he had passed in 1903. that took place in front of the White House at the age of 10. in August of 1917. Uniformed soldiers Ms. Clay’s interest in women’s rights was attacked the picketers without interference She was well-educated, rare for a woman fueled by the inequitable treatment forced from the police. Some of the picketers were then. She was athletically inclined until she upon her mother by Kentucky law incident arrested. Their First Amendment right to contracted tuberculosis of the bone and lost to her parents’ divorce. Ms. Clay helped assemble and petition the government was part of a leg to amputation. Highly literate, to win greater property rights for women, held in apparent suspension. One of the Ms. Breckinridge began to review books including the right to retain wages and protesters arrested was Cornelia Beach, a for The Lexington Herald, and eventually profits gained during marriage, a statu- Louisvillian.25 married the editor. tory stipulation for female physicians to be hired in state mental-health facilities, and Southern Democrats in the U.S. House She helped to found an Episcopal settle- the admission of women to theretofore all- opposed the 19th Amendment, but after ment house in Lee County. She became one male state colleges.22 they abandoned a filibuster, the measured of the founders of the Associated Charities passed there May 21, 1919, by a vote of and of the Lexington Civic League. Among Ms. Clay was the leading advocate for suf- 304-89, and passed the Senate 55-29 on the projects of the League was the con- frage in the South. She held important posts June 4, 1919. Kentucky became the 23rd struction of a playground, kindergarten, in the National American Women’s Suffrage state to ratify the amendment January 6, and elementary school in the impover- Association. Her efforts led to the establish- 1920. The cause of suffrage had achieved ished Irishtown neighborhood. The League ment of suffrage societies in nine states, and such momentum that the General Assem- under her leadership helped to build parks she fought for the provision in the South bly also passed a state suffrage law in case and playgrounds elsewhere in Lexington. Carolina Constitution extending the vote the federal amendment was not ratified by to women. While chair of the suffrage asso- the time of the national election that fall. While a patient at a sanitarium in Denver, ciation’s membership committee, Ms. Clay Ms. Breckinridge observed the operation helped to triple membership to 45,000.23 As Victor Hugo had observed, “All the
BENCH & BAR | 19 Features: WOMEN IN THE LAW
forces in the world are not so powerful as Tennessee, by a vote of 50 to 49 in its lower Emma Guy Cromwell of Allen County an idea whose time has come.” house, became the 36th and clinching state to became Secretary of State in 1924 and approve the Amendment August 18, 1920. was acting governor that year when the Ms. Breckinridge revised Kentucky’s unof- other constitutional officers before her in ficial anthem for the occasion: Madge Breckinridge voted in the 1920 elec- the line of succession lingered in New York tion, but it was to be the only time she did. for 16 days at the Democratic National The sun shines bright on my old She died a few weeks later. Laura Clay con- Convention.27 Kentucky home, tinued in her efforts in behalf of women’s ‘Tis winter, the ladies are gay, rights. She helped to found the Democratic When her husband was convicted of a The corn top’s gone, prohibition’s Women’s Club of Kentucky and was a liquor-law violation in 1926, Katherine in the swing, delegate to the Democratic National Con- Gudger Langley of Pikeville, a Republican, The colonel’s in eclipse and the vention in 1920. became the first woman elected to Con- women in the ring. gress from Kentucky, serving two terms.28 We’ll get all our rights with the Also to be celebrated is Mary Elliott help of Uncle Sam, Flanery (1867-1933). Just a year after rati- The 19th Amendment the gallant Kentucky For the way that they come, we fication, Ms. Flanery was elected to a seat in women fought for reads as follows: don’t give a ____. the Kentucky House from the 89th District Weep no more, my lady, Oh, weep in Boyd County. She was the first of her The right of citizens to vote shall no more today, sex to be elected to a legislative seat in the not be denied by the United For we’ll vote one vote for the old South. Ms. Flanery successfully defended States or by any state on account Kentucky home, the act creating the new teachers colleges of sex. The old Kentucky home, far away. at Morehead and Murray.26 Congress shall have the power to enforce this article by appropriate ENDNOTES legislation. 1 National Women’s History Museum archive, retrieved 3.25.19 2 “The Kentucky Encyclopedia,” John E. Kleber, editor in chief, P. 288b, 1992. 3 Minor v. Happersett (1875) 88 U.S. (21 Wall) 162, 172,73, 22 L.Ed. 627. ABOUT THE AUTHORS 4 Ibid. 5 “Frederick Douglass: Prophet of Freedom,” David W. Blight, New York, Simon and Schuster, 2018, at 488. 6 “The Trial of Susan B. Anthony,” Ann D. Gordon, Federal Judicial Center, Federal Judicial History Office, archived material, 2005, retrieved March 25, 2020. ELIZABETH A. 7 Article IV, Section 2. DEENER 8 “A New History of Kentucky,” James G. Klotter and Craig Thompson Friend, University Press of Ken- is a tucky,” 2018, at 274. partner in the 9 Atchison v. Lucas (1885) 83 Ky. 451, 7 Ky.L.Rptr. 424. Lexington office 10 The authors’ interpretations ofAtchison v. Lucas diverge. One sees it as like Minor v. Happersett. The other sees in its dicta it as a Kentucky milestone in the trend toward women’s suffrage. of Landrum & 11 “Last Call,” Daniel Okrent, Scribner, New York, 2010, at 14. Shouse, LLP, 12 Ibid at 15. and a member of the KBA’s Communi- 13 Kentucky Encyclopedia at 669-70. cations & Publications Committee. She 14 Kentucky’s historical schizophrenia about alcohol persists today. Much of the commonwealth remains dry. But Kentucky bourbon is savored worldwide, and 95 percent of American bourbon is distilled here. previously served as chair of the KBA’s “Bourbon Justice,” Brian F. Haara, Potomac Books, 2018, at 10-11. Education Law Section. 15 Kentucky Encyclopedia at 966. 16 Ibid. 17 Ibid at 125. A regular contributor, 18 “A History of Kentucky,” Thomas D. Clark, The Jesse Stuart Foundation, Ashland, 1992, at 412. JAMES P. DADY is editor 19 “A New History of Kentucky,” at 273-74. of the Bench & Bar and 20 Before the advent of universal suffrage, the Court of Appeals revisited the question of which offices -wom en could vote for and hold. In Harbour-Pitt Shoe Co. v. Dixon (1901) 60 S.W. 186, a debtor attacked the chairman of the Commu- affidavit supporting a claim in execution because the supporting affidavit was sworn to a notary who was a nications and Publications woman. The office of notary public was not not covered by the constitutional ban on women holding office, Committee. He lives in and the debtor’s defense was held invalid. In Crook v. Bartlett (1913) 159 S.W. 826, the court construed Bellevue, where he is chair- the constitutionality of the 1912 school suffrage law. Local school superintendents were not constitutional officers as defined in the text, and the act giving women the right to votefor them was valid, the court ruled. man of its Planning and 21 Ibid at 275. Zoning Commission. 22 The Married Women’s Property Act was also the work of Josephine Kirby Williamson Henry, a speaker and writer from Versailles. 23 Kentucky Encyclopedia at 202-03. 24 The Wilson Center, article posted June 4, 2013, retrieved 3.25.20. 25 “Founding Sisters and the Nineteenth Amendment,” Eleanor Clift, Turner Publishing, 2003, P. 122, et seq. 26 Kentucky Encyclopedia at 323-24. 27 Ibid at 243. 28 Ibid at 535-36.
20 | MAY/JUNE 2020 The Kentucky Bar Association helps members save thousands of dollars on legal research every year.
Casemaker offers 50 state and Federal case law, statutes, regulations and more with free webinar training. Login to www.kybar.org and click the Casemaker logo to get started. Features: WOMEN IN THE LAW
DIVERSITY AND WELLNESS PROGRAMS AREN’T WORKING: Change Systems, Not People BY CLAIRE E. PARSONS AND LOREN VANDYKE WOLFF
f you scoured the internet for hours, perspective, diverse. As of last year, the Recent studies indicate that many law you would be hard-pressed to find a American Bar Association (“ABA”) calcu- firm leaders were unaware of the struggles Ilaw firm website that didn’t include at lated that 85 percent of American lawyers their employees really face. The discrepancy least one of the following entries: first, a are white and 65 percent are male. This between how leaders perceive diversity in statement with a commitment to diversity, means that, when broken down into sub- comparison to what employees reported and second, some language extolling the sets of race and ethnicity, black, Asian, and experiencing was so great that the ABA firm’s “family friendly” atmosphere. And Hispanic attorneys each account for less dubbed this effect “the perception gap.” In many well-meaning law firm leaders will than 10 percent of all practicing attorneys. its recent study entitled You Can’t Change point to their recruiting efforts, diversity Openly LGBTQ lawyers make up an even What You Can’t See: Interrupting Racial committees, mentoring programs, and smaller percentage, at only 2.5 percent of and Gender Bias in the Legal Profession, 82 involvement in the community as evidence practicing lawyers. While the widespread percent of male managing partners rated of their commitment to increase diversity focus on diversity is a relatively recent their firms as “active advocates of gender in their law firms. Based on this alone, one development, black and female attorneys diversity” and majorities of all male attor- might assume that there are no troubles have been practicing in the United States neys “strongly” agreed with this statement. with respect to work–life balance, diversity, for more than a century. Yet the profession Yet, only 27 percent of women attorneys or happiness of attorneys. remains overwhelmingly white, straight, “strongly” agree that law firms are active and male. advocates of gender diversity with 25 Unfortunately, this assumption is incorrect. percent of women disagreeing with this Some have argued that the legal profession How does such a disconnect occur? How statement. is in the midst of crisis.1 In a recent study, does it happen that lawyers—by their more than 70 percent of attorneys admit- nature problem-solvers—can claim to value Similarly, 75 percent of managing partners ted that their jobs—as opposed to other diversity and balance on the one hand, but believe that their firm “has been successful factors—caused them extra stress. Large fall so short? A number of recent studies at promoting experienced female lawyers percentages reported that they experienced have provided us with the beginnings of into leadership positions in the firm.” On depression and increased the use of drugs an answer. Overwhelmingly, these stud- the other hand, only 55 percent of expe- and alcohol because of their work.2 And, ies make it very clear that, while caring rienced women agreed and 30 percent shockingly, 17 percent of attorneys reported about wellness and valuing diversity are disagreed. What accounts for this differ- that they experienced suicidal ideation. That commendable and even necessary places ence? Women attorneys and attorneys of figure means that attorneys are more than to start, it is not sufficient in itself merely color reported experiencing sexual harass- twice as likely to consider self-harm than to care or to have policies and programs. ment far more frequently than white males. the population at large. Rather, law firm leaders must understand They also were far more likely to have expe- the threats to their employees’ wellness, the riences implying that they do not belong In addition to being overly stressed impediments to retaining diverse lawyers, in the profession, such as being confused out, unhappy, or severely depressed, the and adjust their business systems to address for court reporters, support staff, janitors, or legal profession is not, from a numbers both issues. criminal defendants in court. In addition,
22 | MAY/JUNE 2020 data shows that both women and racial the legal profession—clients are demanding and enable their attorneys to have good lives. minorities experience clear disadvantages it. In 2019, more than 170 general counsel While these are huge problems to solve, the at all stages of the employment process, attorneys from major corporations around decades that researchers have spent uncov- from hiring, performance reviews, and the United States signed an open letter ering the struggles in the profession also compensation. Overall, research shows that demanding greater diversity in the firms provide a path towards improvement. The the more unbiased an organization believes they hire.9 The signatories made it clear that inconvenient, if not shocking, figures cited itself to be, it is often more biased as com- diversity in their legal teams was so import- at the outset of this article may be hard to pared to others.3 ant that they would emphasize the issue accept, but when studied the data allows when they selected outside counsel. More- for the formulation of effective and sound Similarly, many law firms will boast about over, they also made it clear that firms must policies for correction. their “family friendly” policies and prac- achieve diversity in a tangible and practical tices, which may include generous leave sense and that merely adopting pledges or The ABA’s You Can’t Change study identi- packages and travel assistance for breast- programs to promote diversity were insuf- fies how bias occurs in the legal profession feeding mothers. Nevertheless, women ficient. Instead, the letter encouraged law and how firms can disrupt it. According perceived to be mothers are 60 percent less firms to “consciously and personally invest to the study, there are four main patterns likely than males to be hired. In addition, in diversity and inclusion and interview, of bias against women, parents, and people huge portions of lawyers—both men and hire, mentor, support, sponsor, and promote of color: prove-it-again, tightrope, mater- women alike—are afraid to use available talented attorneys who don’t always look nal wall, and tug-of-war.11 Prove-it-again leave because they believe it will hurt their like you or share your background.” describes the experience of women and career.4 Thus, in many firms, there may be people of color to constantly prove them- a disconnect between their written policies At the same time, younger attorneys are selves over and over again. As an example and the practices actually implemented. increasingly demanding reform. In a 2019 of this, both of the authors of this article survey, more than 40 percent of millennials have been questioned more than once about Yet, if law firms are to be successful in the reported that current generations of attor- whether we were court personnel, support future, they must take a closer look at the neys have outstayed their effectiveness, 50 staff, or court reporters, rather than prac- effectiveness of their policies and practices percent believe that the traditional law firm ticing attorneys, or mistaken for much on the lives of their attorneys. Abundant business model is fundamentally broken, junior lawyers. This is consistent with the research shows that unhappy lawyers are and more than 60 percent of millennials experiences of many other lawyers. Women less productive and over time will contrib- think that their presence in the legal pro- of color reported prove-it-again bias at 35 ute less to the bottom line of law firms.5 fession would change it for the better.10 percent higher rates than white men. White Likewise, the evidence showing the benefits According to the survey results, work women and men of color reported prove-it- of diversity for business bottom lines is now life balance is one of the most needed again bias at 25 percent higher rates than “overwhelming.”6 Forbes recently reported changes. Female millennial attorneys said white men. that a 2019 study showed that businesses a firm’s commitment to work life balance with diverse teams experienced nearly 20 was the single most important factor they Tightrope describes the pressure that percent higher revenues than those with- considered when evaluating new career women and people of color experience to out it. Similarly, a study by McKinsey opportunities, while male candidates rated conform to expected behavior. For women and Company found that businesses who it as a close second only to compensation. this often means they can’t be too femi- achieved gender and racial diversity experi- In the same survey a quarter of millennial nine (i.e., too nice) or too masculine (i.e., enced profitability boosts at 15–35 percent attorneys agreed that they would accept too intimidating). Tightrope occurs when above the national average.7 a pay cut to reduce billable hour require- a woman expresses anger in the workplace ments, more time off, or more time with she is viewed as out-of-control or shrill. If While it may not be intuitive to some that a family. Similarly, nearly three quarters of it’s a man, he’s seen as just bold or passion- mere change in the demographics of a team millennial attorneys said that they would be ate. Conversely, if a woman is too quiet, she could have such enormous consequences, open to opportunities with other firms or as is often told she should be more assertive. it would be a mistake to reduce the idea of in-house counsel. Thus, if firms do not find Maternal wall describes the well-docu- diversity on an organizational level to mere ways to enable their lawyers to lead more mented bias against mothers: “[w]omen demographics. Studies have also demon- balanced lives than past generations, they of all races reported that they were treated strated why diversity matters to business could suffer huge losses of talent as well as worse after they had children; that is, they and it isn’t just about labels or mere iden- incurring the indirect costs of training and were passed over for promotions, given tities. Diverse teams perform better because developing young attorneys. “mommy track” low-quality assignments, their members have a range of life experi- demoted or paid less, and unfairly disad- ences and perspectives.8 In short, if law firms wish to stay compet- vantaged for working part-time or with a itive, attract new clients, and retain talent, flexible schedule.” Finally, while the least Researchers aren’t the only ones who they must develop programs and business reported, tug-of-war occurs when constant believe that diversity can stand to benefit systems that meaningfully promote diversity bias creates conflict among members of a
BENCH & BAR | 23 Features: WOMEN IN THE LAW
disadvantaged group. For example, women may perceive that there are limited opportunities ENDNOTES for women in leadership, so they become competitive with each other. 1 “ABA Profile Reveals a Profession in Crisis,” by Stephen Embry. TechLaw Crossroads, As described above, a discrepancy exists between firm leaders’ perceived effectiveness of August 10, 2019. Retrieved on May 11, 2020. their diversity policies and their actual effectiveness. However, the underlying positive aspect 2 “Lawyers Reveal True Depth of Mental in this perception gap is that these same leaders do in fact value diversity and supporting Health Struggles,” by Lizzy McLellan. Law. well-balanced attorneys. com, February 19, 2020. Retrieved on May 11, 2020. 3 “Achieving Meritocracy in the Workplace,” With that in mind, the ABA You Can’t Change study offers a solution to connect those Castilla, E. J. MIT Sloan Management Review, values to actual results: the implementation of small, measurable changes to the business 57(4), 35 (2016); as cited in You Can’t Change systems of the law firm. The study calls these changes “bias interrupters” and provides What You Can’t See: Interrupting Racial and Gender Bias in the Legal Profession. American toolkits to guide law firms in adjusting systems in the areas of hiring, work assignments, Bar Association, 2018. performance evaluations, compensation, and sponsorship (i.e., mentoring). Each toolkit 4 According to You Can’t Change What You Can’t offers a three-step approach: measure (evaluate your current systems for bias), implement See: Interrupting Racial and Gender Bias in the (make small changes), and “repeat as needed.”12 The report identifies a selection of practices Legal Profession (American Bar Association, 2018, p.8), 47 percent of men of color, 50 in each area that may reduce the impact of bias, such as eliminating names and markers or percent of women of color, 57 percent of white race and gender from resumes in the hiring process and how to analyze a firm’s performance women, 42 percent of white men perceive that evaluation process for bias. The key is that simply having diversity and family-friendly taking family leave can have a negative impact policies in place is not enough—bias interrupters must be implemented in the business on their career. 5 “The Path to Lawyer Well-Being: Practical processes in order to have a real impact. As the study says, “change systems, not people.” Recommendations for Positive Change,” National Task Force on Lawyer Well-Being, If firms implement these steps to address bias in the profession, they are likely to also see August 14, 2017. Retrieved on May 11, 2020. improvements in the wellness of its attorneys. One of the most notable areas of bias within 6 “The Business Case for Diversity in the the profession is the “maternal wall,” which is a large contributor to the profession’s loss of Workplace Is Now Overwhelming,” by Vijay Eswaran. World Economic Forum, weforum. talented female attorneys over the years. Yet, if firms use bias interrupters successfully, their org, April 29, 2019. Retrieved on May 11, attorneys may be able to devote more time to family and personal lives without fear that 2020. it will harm their careers. Likewise, if bias deters fewer women and parents from making 7 “Why Diversity Matters,” by Vivian Hunt, progress on the partner track, then a new class of attorneys with active family lives will Dennis Layton, and Sara Prince. McKinsey & Company, McKinsey.com, January 2015. become the law firm leaders of the future. Thus, by embracing diversity in a meaningful Retrieved on May 11, 2020. way, firms can also improve the lives and wellbeing of their attorneys. 8 “Why Diverse Teams Make Better Business Decisions,” by Andrea Hak. TNW, thenex- The profession may be in a state of crisis. We may have huge challenges to overcome in tweb.com, April 10, 2019. Retrieved on May 11, 2020. terms of diversity and wellness. But, if we are anything, lawyers are problem-solvers. We 9 “170 GCs Pen Open Letter to Law Firms: do not shy away from a crisis. We do not shrink from a thorny challenge. But when we are Improve on Diversity or Lose Our Business,” confronted with such challenges, we also don’t rely on lofty policies rather, we gather the by Christine Simmons. The American Lawyer, proof, we formulate a strategy, and we do the work. The challenges of diversity and wellness law.com, January 27, 2019. Retrieved on May 11, 2020. in the profession call on us, not to depart from our traditions, but instead to employ the 10 “2019 Millennial Attorney Survey: New skills we use every day to serve clients and the business practices we use to run our firms. If Expectations, Evolving Beliefs and Shifting we listen to the proof, and develop sound strategies and business practices, our profession Career Goals”, Above the Law and Major, can thrive and transform. Lindsey & Africa, April 3, 2019. Retrieved on May 11, 2020. 11 These four patterns of gender bias were first ABOUT THE AUTHORS identified in a book What Works for Women at Work: Four Patterns Working Women Need CLAIRE E. PARSONS LOREN VAN- to Know, by Joan C. Williams and Rachel is a member of Adams DYKE WOLFF Dempsey. NYU Press, 2018. 12 Biasinterrupters.org offers detailed work- Stepner Woltermann is of counsel at sheets to assist law firms in evaluating and & Dusing PLLC in Graydon where implementing each step. Covington, Ky., where her practice she practices in the focuses on real areas of school law, estate, business local government, and law, and govern- civil litigation. She is ment. She is the the current president current chair of of Kentucky Defense Counsel, Inc., and the the Center for Great Neighborhoods and content and communications chair for Moth- the Covington Parking Authority. She lives ersEsquire. She writes and speaks frequently on in Covington in a home built in 1870 with leadership and wellness for lawyers for a variety her husband, fellow attorney Ben Wolff, of outlets and daily on LinkedIn. and their three kids. 24 | MAY/JUNE 2020 KENTUCKY CHAPTER
The following attorneys are recognized as Academy Members for Excellence in the field of Alternative Dispute Resolution
Stephen BARKER Robert DUNCAN Hon. Cleve GAMBILL Pierce HAMBLIN Michael HAWKINS John HAYS Linda HOPGOOD (859) 255-8581 (859) 255-9500 (502) 931-7103 (859) 255-2424 (859) 425-1000 (859) 288-2831 (859) 223-3422
Robert HOULIHAN Brian HOUSE Hank JONES Hon. Thomas KNOPF John MARTIN Jr. Hon. Tom McDONALD (859) 231-0527 (606) 864-3896 (859) 255-8581 (502) 721-9900 (502) 589-7616 (502) 821-9809
Pat MOLONEY Peter Palmer Hon. Ann SHAKE Hon. Jim SHAKE Stephen SMITH Henry STEPHENS (859) 255-8581 (812) 338-5500 (502) 721-9900 (502) 550-1621 (502) 432-2573 (859) 630-1204
CheckCheck preferredpreferred availableavailable datesdates oror scheduleschedule youryour appointmentsappointments onlineonline directlydirectly withwith AcademyAcademy Members!Members! KentuckyMediators.orgKentuckyMediators.org isis free,free, fundedfunded byby ourour membersmembers
For more information about NADN, please watch the short video at www.NADN.org/about YOUNG LAWYERS DIVISION
HEROICHEROIC
BYBY ZACHARYZACHARY A.A. HORNHORN
Generosity in certain and easy times is no sacri- Typically, the Legal Food Frenzy lasts for Typically, we rec- fice. However, generosity a two-week period in March. However, as ognize our award th amidst the uncertain and dif- GenerosityGenerosityit drew to a close this year on March 14 , winners during the ficult times we find ourselves in is truly the YLD and Attorney General’s office YLD’s annual luncheon heroic. I am proud to say Kentucky lawyers decided to extend the fund and food raising at convention. However, like so many other stepped up during these uncertain times to deadline to the end of March. As a result, things during these unusual times that rec- support the Legal Food Frenzy with 50 dif- we doubled the amount of contributions, ognition will have to be postponed until the ferent offices participating and raising the and were able to raise $44,100 in monetary Fall, when we hope to recognize the award equivalent of 366,160 pounds of food for donations along with 1,474 pounds in food winners during a special awards ceremony. Kentucky foodbanks. donations. I did not expect when I became chair of the Demand at Kentucky’s foodbanks has sky- When things couldn’t be more uncertain, YLD that much of what was planned in the rocketed as COVID-19 has forced us into Kentucky’s legal community was brave lockdown and brought our economy to a enough to risk generosity towards those screeching halt. At the same time, support less fortunate, and I couldn’t be prouder. for our foodbanks has plummeted. Which Without further ado, the winners of this has made the YLD and Attorney General’s year’s Legal Food Frenzy by category are fund-raising effort for Kentucky foodbanks as follows: more important than ever before.
GRAND PRIZE- ATTORNEY GENERAL’S CUP: Frost Brown Todd - Louisville Office 46,120 pounds equivalent
LARGE FIRM: MEDIUM FIRM: Frost Brown Todd- Louisville Office McMurry & Livingston, 46,120 pounds; 323 pounds per atty PLLC (Paducah) 8,204 pounds total; SMALL FIRM: 746 pounds per atty Burnside Law, LLC (Ashland) 23,164 pounds total; 4,633 pounds per atty SOLO FIRM: Graham Law Office, CORPORATE LEGAL DEPARTMENT: PLLC (Lexington) Wrigley Media Group 1,300 pounds 11,224 pounds total; 11,224 pounds per atty LAW SCHOOL: University of Kentucky College GOVERNMENT AND PUBLIC SERVICE: of Law (Lexington) 2,088 pounds Office of Commonwealth’s Attorney, 30th Judicial Circuit in Louisville 34,470 pounds
KENTUCKY BAR ASSOCIATION SUPREME COURT DISTRICT: 2nd District 4,075 pounds per attorney
26 | MAY/JUNE 2020 summer would need to be cancelled before it came to fruition. But all plans are made with I know I am leaving the YLD in good a certain amount of faith that tomorrow will be much like yesterday, which as we have hands with this outstanding group of young come to see is not always the case. It is useful at times like this to return once more to the lawyers and am looking forward to many present moment, and not dwell on regrets about the past or anxiety about the future. I try more years of service to the KBA in what- to do what can be done now in the present moment to serve the good, and abide in the ever capacity is needed. faith and hope that doing so will be enough.
This will be my final column as YLD chair, which is a bittersweet feeling. I hope I achieved some good during my tenure, even if much of what was planned has been cut short. But I abide in the faith and hope that it was enough.
Nothing makes me more hopeful than looking at the slate of officers and district rep- resentatives recently elected to next year’s YLD Executive Committee. I am continually impressed by the slate of inspired and inspiring young attorneys who join the Executive Committee and donate their time and talents in service to its mission.
The future may be uncertain, but I have no doubt that this group of dedicated young lawyers will rise to the occasion and continue the good work of the YLD into the future. ABOUT THE AUTHOR Therefore, I would like to welcome and congratulate next year’s YLD officers and district ZACHARY A. HORN is a managing part- representatives who are as follows: ner of the law firm of Kirkland, Cain & Horn, PLLC, in Frankfort, Ky., where CHAIR CHAIR ELECT VICE CHAIR he practices in the areas of business law, Miranda Click Megan P. Keane Lee Metzger civil litigation, banking, creditors’ rights, and bankruptcy. Horn is a graduate of FIRST DISTRICT SECOND DISTRICT Transylvania University, where he grad- Patricia Estes Teresa McMahan uated with honors, and of the University THIRD DISTRICT FOURTH DISTRICT FIFTH DISTRICT of Kentucky College of Law, where he Brittany Riley Chaplin Scheumann Kyle Bunnell served on both the Moot Court Board and Bankruptcy Moot Court Board. SIXTH DISTRICT SEVENTH DISTRICT He is the current chair of the Young Frank Schultz Don Combs, Jr. Lawyers Division and has served on its Executive Committee since 2012. In addition to his service on the Executive Board of the Young Lawyers Division, Horn is the secretary/treasurer of Ken- tucky Capital Development Corporation, a member of the Frankfort Rotary Exec- utive Committee, the Franklin County Democrats Executive Committee, the Church of the Ascension (Episcopa- lian) Vestry, the Episcopal Diocese of Lexington Executive Committee, and serves on the planning committee for the University of Kentucky/CLE Consumer Bankruptcy Law Conference.
Horn is also a frequent speaker and writer on issues ranging from attorney wellness and mindfulness in the law to more nuts and bolts issues relating to civil litigation and creditors’ rights.
BENCH & BAR | 27 COLUMNS
Women in the Law
ecent years have seen many advances How has being a woman in practice changed R in gender equality within the legal since you began your career? profession. Nationally, there are slightly When I began practice in 1970 I did not encounter more female law students than male law other female attorneys in my area of practice. There students, for example. However, that were only two women in my graduating class, and reality also obscures larger challenges for it would be three to four years until an incoming women in the legal profession. Law still class had 40 percent women. So, I was somewhat remains the most male-dominated of the of an oddity. professions (and the whitest, but that is a topic for a different day.) What is more, Since I went immediately into an all-male corporate women in law face the same challenges law department, in a very conservative industry, I that they face in the larger workplace: simply had to find my way. My practice centered on glass ceilings that silently bar advance- WANDALEEN P. COLE Interstate Commerce, and I first saw the changes ment, ungenerous policies towards coming out of Washington, D.C., with the appoint- child-rearing and pay disparities. All of Railroad industry executive ment of female Administrative Law Judges and these and other factors continue to be all for more than 30 years CLASS OF 1970 ultimately a female commissioner of the Interstate too true for women in law and underscore Commerce Commission. the need to keep working to insist for more opportunities for women lawyers. The change within my industry was slower. It was at least two decades before a significant number of women were members of railroad law departments. Of course, legal educators have a role What was your experience like in law school? to play in this challenge. Although the School of Law was founded in 1846, it After the first semester, which was somewhat tense, everything was rewarding. I learned wasn’t until 1911 that the first woman what I came to learn, and I enjoyed it. I also made good friends. The faculty was inter- is believed to have graduated. And as active and I do not recall one class that disappointed me. Any animosity toward women late as 1970 – see my first interlocutor entering practice was not obvious. If it was there, it was not openly directed at me. Based below – there were only two women in on the success of my career, I must have been given the tools that I needed to succeed. the graduating class. What advice do you have for women who are current law students or who are considering law school? By contrast, Louisville Law’s current 1L class — the Class of 2022 — saw women I am currently involved in working through how best to help female prelaw students get outnumbering men for the second year in answers about their chosen field. a row. Our full-time faculty is 40 percent female, a percentage that will increase I am mentoring two prelaw students at Transylvania University [her undergraduate alma to 44 percent when two new professors mater]. Both women are seeking specific goals. One is from Albania and is committed begin in the fall. to entering the field of human rights. The second is incredibly enthusiastic and simply wants to learn what practicing law means. To give them foundations, I have sought So while we have made progress, we still meetings with women in practice. I am hoping to introduce the student interested in have work to do. In this centennial year of human rights to a prominent firm in D.C. that specializes in this area. The firm is staffed the passage of the 19th amendment to the by women lawyers. I arranged last year a meeting for the second student with a women’s U.S. Constitution, giving women the right firm in Lexington. to vote, it seemed timely to speak with Now for an admission, I may have learned more from the group meeting in Lexington alumnae with experience as lawyers and than my mentee. Things have changed dramatically. The bar exam is different. It appears women in the profession across several that daily activities of lawyers have changed. There is less personal interaction. There decades to learn more about their experi- are fewer court appearances. I will continue the process of introducing the students to ences in law school and in practice. Here women who are in active practice. are their reflections – chronicling change in the profession over a half-century: My firm position on entering the practice of law is to have faith in yourself and work - DEAN COLIN CRAWFORD hard. This is true for men and women.
28 | MAY/JUNE 2020 How has being a woman in practice changed Although my final class rank suffered for since you began your career? my choices, I’ve never looked back. Achiev- When I started practice in 1991, there were very few ing some balance and relaxing before the women partners in my large law firm, and even fewer treadmill started wasn’t a bad decision. I who served in leadership or management positions. made some really great friends and learned a lot about myself in law school. They were talented and kind, but they worked really What advice do you have for women long hours (more than many of their male counter- who are current law students or who parts) and, from my baby-lawyer perspective, seemed are considering law school? to recognize that they had to be better than others to be recognized as equals. Many of us were taught that First, don’t go to law school because you way too. don’t know what else to do. But also don’t think that a legal education means that you Today we see women performing significant leadership have only one professional path. The experi- DUSTIN MEEK roles in law firms, in-house counsel departments, and ence and curriculum offer broad application Founding partner, in the judiciary, and therefore the voice of leadership and teach skills that will serve you well even Tachau Meek PLC has changed in the last 30 years. There is still important if you don’t practice as a licensed attorney. CLASS OF 1991 work to do of course, but our wisdom and opinions are now present in the rooms where change happens. Second, always remember that you are worthy. Grades in law school do not dictate What was your experience like in law school? professional success. Hard work does, and I worked really, really hard in law school my first year and performed really well. I worked you control that. hard in law school my second year, had fun with friends, and did well. I worked to make sure I passed in law school my third year, had a really great time with friends and enjoyed student life — with afternoon naps after watching my soaps (are those still on?), and graduated.
students with well-known last names. He was really Rep. Cantrell told me that she began talking to all of us. thinking about law school in the fifth grade. She didn’t know any attorneys, Other influential professors from Louisville Law were but she says she was assertive and liked important in my journey as well. Professor Ariana to argue, prompting family members to Levinson waved a sign for me during my first campaign, encourage law school. As she grew, her and Professor Shelley Santry taught me everything I reasons for pursuing law school evolved. know about practicing because we all started in the What drew you to law school? [Robert and Sue Ellen Ackerson] Law Clinic together. “It was really a good fit for my skills,” she What advice do you have for today’s female says, adding that she is a strong written law students? and oral communicator and a talented Don’t have any set rules about your path. You may find researcher and problem solver — skills fulfillment in places you don’t expect. I would encour- that have served her in practice and as a age law students to be open to learning new skills and REPRESENTATIVE legislator. to consider how those skills could be used toward a MCKENZIE CANTRELL th What was your experience like fulfilling career and life. I can only echo the words of 38 District, Kentucky in law school? Professor Leibson: “You can be that next leader of your House of Representatives community. You don’t have to wait for someone else CLASS OF 2012 “At the University of Louisville, I really to do it.” learned for the first time that I could be a leader.”
I also remember having Professor David ********* Leibson for Torts. I was in class with the I am grateful to our graduates above who shared time to offer some sons and daughters of prominent Kentucky reflections on their lives as lawyers and as women in the profession. families, and Leibson told the class that Their models continue to inspire and instruct us as we continue to work they were the next generation of Kentucky for a profession that accurately reflects the larger society. leaders. But he was not talking only to the
BENCH & BAR | 29 COLUMNS STUDENTS SUCCEED IN t has been less than a year since the University of Kentucky College of Law, now the UK J. David NATIONAL IRosenberg College of Law, reopened in a modern space that fosters collaboration and success. In recent months, a renewed sense of teamwork has led to national COMPETITIONS recognition for UK Rosenberg Law students in various competitions.
EMPLOYEE BENEFITS MOOT COURT COMPETITION Law students Jacob Ludwig and Zachary Holt placed second in the Ellen A. (Nell) Hennessy Employee Benefits Moot Court Competition at Catholic University. The team also won best brief runner-up.
Catholic Law and the American College of Employee Benefits Counsel hosted the third annual competition in which participants address cutting-edge employee benefits issues. Seven teams competed, including two from Catholic Law. Catholic Law and UK Rosenberg Law teams competed in the finals.
“We both saw it as an opportunity to get some moot experience before graduating,” Holt said.
ABA TAX CHALLENGE Third-year law students Amanda Krugler and Scott Sullivan were awarded first place in the American Bar Association’s 19th Annual Law Student Tax Challenge, J.D. Division, in February. The contest gives students an opportunity to research, write about, and present their analyses of a real-life tax problem. This year, a record number of teams – 84 – submitted memos for the written portion of the J.D. competition. Six teams, including Krugler and Sullivan, were selected to present oral arguments before a panel of tax lawyers and tax court judges attending the Section of Taxation 2020 Midyear Tax Meeting in Boca Raton, Fla.
Jennifer Bird-Pollan, Robert G. Lawson Professor of Law, served as the team’s coach for the challenge.
“It’s great for our college because we get tangible proof that our students match up against students from law schools all across the country,” Bird-Pol- lan said.
30 | MAY/JUNE 2020 BLSA MOCK TRIAL COMPETITION UK Rosenberg Law students Asia Ellis, Anthony Franklin, Taylor Kennedy and Toria Levy finished in fourth place, out of 61 teams, in the National Black Law Student Association Constance Baker Motley Mock Trial Competition.
The students earned second place at the Midwest Black Law Student Association Con- stance Baker Motley Trial Competition held in Indianapolis. The team’s second place finish secured them a spot in the National BLSA Mock Trial Competition. DISTINGUISHED BANKRUPTCY LAW STUDENT The Constance Baker Motley Mock Trial Competition is one of six regional competitions The American College of Bankruptcy hosted by the National Black Law Student Association and one of the most highly regarded recognized UK Rosenberg Law student mock trial competitions for law students nationwide. Marina Danielle Kirtland as its Sixth Cir- cuit 2020 Distinguished Law Student. NATIONAL MOOT COURT COMPETITION The UK Rosenberg Law Moot Court Team placed second overall at the Region 4 com- The program identifies law students of petition of the New York City Bar Association’s National Moot Court Competition in demonstrated talent and interest in bank- Richmond, Va., and advanced to the national competition in New York City. Moot Court ruptcy law. Candidates must be nominated President Rachele Yohe, Moot Court Vice President Alexander Pabon, and Drew Baldwin by a member of the American College of represented UK at the national competition. Richie Simpson, Rowan Reid and Emily Bankruptcy or their law school. The stu- Pence traveled as alternates. dents undergo an evaluation process that includes interviews, submission of written Both the regional and national competitions test law students’ expertise in oral argument materials and a review of the candidate’s and brief preparation. Almost 20 years have passed since the UK Moot Court Team has academic standing. All the nominated stu- advanced to the national competition. dents are considered by the circuit council of their circuit, which selects the Distin- “It is really something to have judges and lawyers repeatedly tell you that you are as good guished Law Student. as, if not better than, a lot of lawyers practicing today,” Yohe said. “I think at least one judge from every round shared that with us and the other competing team, and that is absolutely “I never imagined that I would win this inspiring to know that we are on our way to becoming great lawyers and advocates.” award,” Kirtland said. “It’s certainly quite the honor. To be able to start establishing myself in the field at such an early part of my career is meaningful. It is particularly meaningful when considering the uncer- tainty surrounding COVID-19 and its impact on businesses and individuals.”
BENCH & BAR | 31 COLUMNS
dean judith daar looks to the future at chase Judith Daar, the Ambassador Patricia L. Herbold Dean of pproaching the beginning of her second year Chase College of Law A as dean of Salmon P. Chase College of Law, Judith Daar has had opportunities to reflect on a first and to look ahead. gives me an appreciation for the benefits of exposing students to clinical practice at the earliest stages,” Dean Daar says. “The med- Looking back, what a first year it has been. Among the highlights: ical model integrates classroom learning with patient care from A $2 million gift from alumna Patricia Herbold and her husband, the outset, so that students learn to apply their knowledge from Robert Herbold, that endowed the deanship as the Ambassador the outset. Law has been slow to adopt this model, but important Patricia L. Herbold Dean of Chase College of Law. The unques- advances have been underway for at least the past decade. tionably biggest challenge: Everything that came with the shift to online classes and suspension of events as Northern Kentucky “We currently offer at Chase a solid basket of experiential oppor- University — along with others throughout the nation — adopted tunities that place students in the legal workplace – including rigorous public health measures to slow the spread of the corona- courts, law offices, legal clinics, businesses and prisons. I envision virus COVID-19. enhancing and increasing these opportunities to make certain every Chase student enjoys a well-rounded educational experience that For a 127-year-old law school, challenges in the past — including prepares them for the career of their dreams. This means thinking the flu pandemic of 1918 and the Great Depression — have been broadly and expansively about what the legal landscape will look preludes to the future. For Chase, the emerging future Dean Daar like over the next 50 years and taking bold steps to meet that envisions includes: evolving workplace.”
Assessments of teaching techniques: Even before a pandemic Building on specialties: In addition to what every lawyer must forced a change from in-person to online classes, Dean Daar had know, Chase provides specialized instruction and programming considered how law school instruction might need to adapt to through the W. Bruce Lunsford Academy for Law, Business + changing learning styles of new generations of students. Technology, the Center for Excellence in Advocacy and the Center for Law & Entrepreneurship. There will be more. “The natural course of history is one of change, and we must be agile and accepting of the changes that our students present,” she says. “This past fall, we took first steps toward developing a specialized “Today’s students embrace computer-based learning, thus giving program in health law – an enormous growth area in the Tristate us the opportunity to expand our online learning opportunities to area, as well as the nation. Law impacts health in myriad ways, from meet their interests and needs. As technology morphs the practice the regulation of health care delivery systems to the physician/ of law, making it more global and less face-to-face, we are obliged to patient relationship to the development of pharmaceuticals and prepare future lawyers for the reality they will face in their careers.” medical devices,” Dean Daar says.
Hands-on learning: Along with fundamental legal concepts, law- “Law, by nature, is a traditional discipline because of the vital role yers need to utilize technology in practices, apply basic business that history and precedent play in shaping the rule of law in our skills and manage client development (particularly those in solo or modern society. The traditional doctrinal curriculum still provides small-firm practices). Students often embrace those skills through an excellent foundation for today’s practice, but law schools must experiential learning outside a classroom. go beyond these essential basics to supply students with skills spe- cifically tailored to serve a far more complex legal ecosystem.” “My experience teaching medical students, as a clinical professor of medicine at the University of California, Irvine School of Medicine, With a first year drawing to a close, the future is about to begin.
32 | MAY/JUNE 2020 LAW PRACTICE MANAGEMENT
BEING ABLE TO WORK FROM
ANYWHERE: Technology has its challenges. One of the biggest is the resistance from lawyers to change. However, for almost every Kentucky lawyer, technology has become fully integrated into the practice of law. Not THE NEW NORM only is our legal work more dependent now on the use of technology than ever, it also helps us to practice more efficiently, serve clients AND NECESSITY more effectively, and better manage our daily lives. In today’s world, BY ROBERT A. (BOB) YOUNG effective technology should allow you to practice from anywhere. MOVING YOUR IT TO THE CLOUD So where do you start? One of the first issues being addressed s I write this month’s column having recently returned from by firms is the traditional form of having all of their technology the 2020 American Bar Association TECHSHOW, it is onsite and being managed by the attorney or an in-house IT team Anow a couple of weeks later and I am staring at the Gov- member. Part of the reason for this approach is lawyers are reluctant ernor’s order almost mandating us to work from home due to the to share sensitive client information outside of their office. spread of COVID-19. In a tweet earlier this week, Jack Newton, However, a number of firms are changing this approach and finding the founder of Clio, states, “Legal is seeing 5 to 10 years of techno- it is more efficient and cost effective to take these services to the logical transformation compressed into 5 to 10 days.” In a separate Cloud. Simply put, Cloud computing is the delivery of computing tweet, he goes on to say, “What was innovative in legal 6 weeks ago services—including servers, storage, databases, networking, soft- is table stakes today.” For most lawyers and your teams, the ability ware, analytics, and intelligence—over the Internet (“the Cloud”). to access your office is your lifeline. Many have prepared for this The advantage of having your office in the Cloud, is you can access day. But if you haven’t, it is not too late. it from anywhere at any time.
BENCH & BAR | 33 LAW PRACTICE MANAGEMENT
The Cloud industry has changed tremendously over the past decade. Records Smaller Tasks: When timekeepers enter time using iTime- Today, it has proven itself to be reliable for functions such as storing keep, there is a 60 percent increase in the likelihood of capturing of documents, important client contacts and information, email, smaller tasks. phones, security, even time and billing. All of this can be done from your office, home or sitting on the beach during vacation. Keeps Accurate Records: The faster the velocity, the more accurate the records, which means billing for the right amount of hours and Many have the wrong impression that working in the Cloud is too keeping clients happy. expensive. On the contrary, the Cloud offers tremendous cost sav- ings in terms of IT overhead. When a firm moves to the Cloud, the Minimizes Time Leakage: 63 percent of firms that are not practic- firm generally does not have to spend money on hardware, backups, ing contemporaneous time entry believe that they are leaking time remote access, security, and support. These important functions are due to poor time entry practices. Attorneys that use iTimekeep generally part of the products and services offered by legal Cloud enter 15 percent more time than those that do not. How much is providers. Case management companies like Clio, Rocket Matter your firm leaving on the table? and Smokeball do it all at a very reasonable price. GETTING PAID TIME AND BILLING SOFTWARE Capturing time is only one component of a profitable practice. You should also be able to input your time and send your bills from Practices can also increase their profitability if clients are provided any place and at any time. My biggest takeaway from this year’s with a variety of payment methods that are easy to access. Most ABA TECHSHOW in Chicago was experiencing the EXPO hall clients don’t write checks anymore, especially millennials who often filled with a large number of new time and billing companies and don’t carry a checkbook. Today, every profitable practice requires financial analyst vendors. Not only is it imperative to capture all an electronic pay system - a one click checkout like everything time worked, but also is the capability to analyze the data collected else we buy. in order to make informed decisions regarding practice and firm profitability. Because of the entry of many new companies into the My second biggest take-a-way of the ABA TECHSHOW was the market, the cost has come down tremendously, while the quality of sheer number of new payment vendors, like LawPay, Intellipay, and the product and their ability to integrate with your current system Legalpay to name a few. has gone through the roof.
I have used iTimekeep almost since its inception. Companies like iTimekeep allow lawyers to input their time as it is worked, thus decreasing the risk their time may not Talk to us about LEGAL MALPRACTICE be captured. This can be done on a desktop And learn why lawyers throughout Kentucky refer their legal computer, laptop computer, mobile phone, or any tablet. Malpractice cases to William F. McMurry and Associates Building referral relationships based on iTimekeep advertises on its website that it creates better timekeepers by removing confidence and trust. the barriers to time entry through enabling contemporaneous time entry. Contempo- William F. McMurry is Board Certified raneous timekeeping produces the most as a Legal Malpractice Trial Specialist accurate records, minimizes time leakage, creates faster billing cycles and leads to less By the American Board of Professional billing errors, quicker payments, and thus Liability Attorneys (ABPLA.org) happier clients. Some advantages of iTime- The ABPLA is accredited by the ABA keep include: to certify specialist in the field of Legal Malpractice – SCR 3.130(7.40) Increased Velocity: Velocity (in days) is the term we use to measure how fast time cards Email [email protected] get into the system from the moment the work is performed. The closer to zero days, Call 502-326-9000 the better the velocity. With iTimeKeep, the average velocity is less than one day, com- William F. McMurry will personally handle each case while pared to five days without iTimekeep. some services may be provided by others.
34 | MAY/JUNE 2020 Our firm currently uses LawPay. With LawPay, you can attach a secure payment link to your email, website, or invoices so that clients can pay you at their convenience from their computer, cell TAKING YOUR OFFICE ON THE GO phone, or tablet. You can personalize your payment pages with your For years, when I left the office I carried a large briefcase and law firm’s information and logo to give clients a familiar, secure normally had my backseat filled with medical records that I was point-of-payment. It’s also recommended through all 50 state bars, reviewing for a potential medical malpractice or pharmaceutical 60+ local and specialty bars, and the ABA as a vetted payment case. Now, when I leave the office, the only thing I normally take solution for the legal industry. home with me is my iPad Pro. This device contains the following: VIRTUAL RECEPTIONISTS 1. my entire office via Citrix; Shutting down your office means there will be no one to answer 2. iTimekeep app; your phones. Likewise, when your office is closed, an answering machine does not create instant contact with a current or potential 3. Ruby Receptionist app; client. We all know that manpower is expensive. We also know that running a practice requires constant communication with your 4. all my social media to market my practice; clients. 5. a camera to take pictures and video;
There is a growing number of virtual receptionists. Lex Reception, 6. zoom app to participate in calls and any type of video- Ruby Receptionists and Answer 1 are just a few. All of these ven- conference; and dors allow your phone to be answered 24/7 for an immediate chat 7. dropbox app and iAnnotate app to have the entire med- with a prospective client. ical records of all my clients and potential clients. Ruby Receptionists provides an app for its users. Ruby’s free app As a litigator, I always wonder what it would be like to be in the for Android, iPhone and iPad allows you to: position of the defendant in a deposition. As someone who practices • hold your calls; a great deal of medical malpractice, I often deal with the standard of care. With over 30 states having amended their rules of ethical • update your availability; conduct to include “technology competence,” is the “standard of • set call handling instructions; care” for the way you practice different than it was five-10 years ago? I think it is. There are a vast amount of resources available to • check messages on-the-go; you to help your clients, help you promote your practice and allow you to work from anywhere. These products will make you a better • return calls & texts with your business number; and lawyer and create a more profitable practice. Change is good and • sync your contacts and calendar. in today’s time, necessary. Take advantage. USING TECHNOLOGY TO MARKET YOUR PRACTICE Having watched the world change in front of our eyes due to ABOUT THE AUTHOR COVID-19, we now find that the biggest challenge is staying in ROBERT A. (BOB) YOUNG is manag- contact with our clients. This is why the use of social media has ing partner of English, Lucas, Priest & become a requirement for every attorney. Owsley, LLP, in Bowling Green, Ky. His 30-year career in law has primar- Today’s consumers are looking for easy ways to connect. Although ily focused on personal injury litigation. some networking occurs in person, most of the meaningful net- He is also a focused and respected working occurs now on social media. This is especially true when mediator. Young previously served as there are restrictions that prevent in person socialization. Facebook chair of the Task Force on Law Office and Twitter are very easy to set up and use. Social media is a great Management for the Kentucky Bar way to engage. Not having a social media presence means you are Association. He is also involved exten- missing a vast opportunity to stay in touch with your clients. sively in the American Bar Association, serving as chair of the Law Practice Division Membership Development Committee. From August 2014 to 2015, he served as chair of the Law Practice Division. He is now serving on the Law Practice Division Council. Follow him on Twitter at @BobYoungELPO.
BENCH & BAR | 35 EFFECTIVE LEGAL WRITING
ER A E
B R E R ANE B R
o you want your clients to think complex essays, which in turn were rated In the legal realm, there may also be a that you are intelligent? Do you more negatively than the original essays. correlation between readability and per- Dwant judges to find your briefs per- The researchers postulated that because it suasiveness. Readability, which is a “text’s suasive? If the answers to these questions was easier for the undergraduates to under- level of difficulty,” can be determined by are yes, make sure that your letters, memos stand the original essays, they rated the examining “word choice, sentence struc- and briefs are easy to understand. Several authors of the original essays more highly. ture, and paragraph length.”8 One study studies have found that clear writing is The researchers concluded that writers examined 654 briefs filed in connection correlated with the persuasiveness of briefs. should “write clearly and simply if you can, with summary judgment motions in state This article summarizes these studies and and you”ll be more likely to be thought of and federal courts and found a “statisti- offers suggestions for making your writing as intelligent.”2 cally significant relationship between brief more readable and persuasive. readability and the outcome of summary Clarity can also impact the weight that judgment motions.”9 The study evalu- RESEARCH ON READABILITY is given to information. Researchers have ated fifty measures of readability and Empirical studies suggest that clear writing found that decision makers may give more incorporated statistical controls to avoid matters. While some writers believe that weight to information that is understand- preferences for attorneys who regularly people will be impressed by complicated able and less weight to information that is appeared before certain judges or who language, psychologists have found that the not clear.3 This may occur because readers handled large numbers of cases. While opposite is true. Writers who use simpler give more weight to “information that feels the likelihood of prevailing in state court language rather than longer words may be easy to process.”4 In one experiment, par- summary judgment motions was 44% for viewed as more intelligent because the ticipants were told to rate how much an the least readable briefs in the study, the writing is easier for the reader to process. electronic device should cost based upon likelihood of prevailing was 56% for the When writing is easy to understand, the the product specifications and a negative most readable briefs. In federal court, the reader is more likely to believe that the product review.5 One negative review was likelihood ranged from 31% for the least writer is intelligent. presented in an easy to read black font and readable briefs to 69% for the most readable another review was shown with a less dis- briefs.10 In one experiment, undergraduates at Stan- tinct grey font. The participants gave more ford were asked to make recommendations weight to the product review, and rated the In another study, judges found briefs to be for admission to graduate school based cost lower, when the font was easy to read. more persuasive when the briefs were more upon the candidates’ personal statements.1 In a second experiment, participants rated readable.11 This study distributed three There were three different versions of each the quality of political lobbying firms based types of writing samples to judges. The first personal statement - the original version, on industry rating indices. One rating sample, taken from court filings, was the a “highly complex” version that replaced index consisted of a logo and numbers that “legalese” sample. The second sample, the every noun, verb, and adjective with longer were clear and easy to understand, while “plain English” version, contained a simpler words, and a “moderately complex” version the other rating index contained the same title. The third sample, the “informal” ver- that replaced every third noun, verb, and information with a logo that was blurry and sion, was more conversational in tone and adjective with longer words. The under- harder to read. The participants rated the even used contractions. graduates read the personal statements, firms higher when the logo was clear and decided whether to accept the applicants, easier to read.6 The researchers hypothe- Some judges were asked to compare the and indicated how difficult the essays were sized and concluded that “people will often legalese and plain English samples, and to understand on a seven-point scale. The weight information according to the ease others were asked to review the legalese students rated the “highly complex” essays with which it can be processed.”7 and informal samples. The judges also rated more negatively than the moderately the persuasiveness of the briefs. Sixty-six
36 | MAY/JUNE 2020 ABOUT THE AUTHOR JANE BLOOM GRISÉ is the Director of Academic Enhancement and an Assistant Professor of Legal Writing at the J. David Rosen- berg University of Kentucky College of Law. Prior to joining UK Law, she was in private practice specializing in international adop- tion. Professor Grisé served as an Assistant United States Attorney in the Southern District of New York where she was Deputy Chief percent of the judges rated the plain of the Civil Division as well as Chief of the Civil Rights Unit. English samples as more persuasive than Professor Grisé is the author of Critical Reading for Success in Law 12 the legalese samples. Fifty-eight percent School and Beyond and Federal Courts/Civil Rights: Juidice v. Vail that of the judges rated the informal samples as chronicles a case she handled in the United States Supreme Court. 13 more persuasive than the legalese samples. Professor Grise received her law degree from the University of Wisconsin. In addition to influencing a judge’s view of the persuasiveness of a brief, clear writ- ing may impact a judge’s assessment of the reader understands the topic of the ENDNOTES an attorney’s reliability. In discussing the upcoming paragraph or section. Finally, 1 Daniel M. Oppenheimer, Consequences of Eru- importance of the readability of appellate pay attention to good topic sentences.15 dite Vernacular Utilized Irrespective of Necessity: briefs, an Assistant United States Attor- To measure the readability of a document, Problems with Using Long Words Needlessly, 20 Appl. Cognit. Psychol. 139 (2006). ney recently commented that an appellate calculate the readability score with Mic- 2 Id. at 152. The author did caution that while 16 “brief even suggests information about the rosoft Word. Just go to file, click options some audiences may expect writers to use jargon, advocate. Most judges consider ‘readable’ and proofing. Then click “readability” on complex language should be used judiciously. 14 writers to be more reliable.” the pulldown menu. This will produce a 3 Anuj K. Shah and Daniel M. Oppenheimer, Easy does it: The role of fluency in cue weighting, readability score for your document. To HOW TO IMPROVE READABILITY 2 Judgment & Decision Making 371 (2007). change the readability score, edit the doc- 4 Id. There are several easy ways to make writ- ument. One final edit that just focuses on 5 Id. at 373. ing more readable. Use shorter words, clarity may impact the persuasiveness, and 6 Id. at 374. 7 Id. at 376. sentences, paragraphs, and less jargon. perhaps even the success, of your letter, 8 Veronica J. Finkelstein & Nicole E. Crossey, Use active voice. Add headings so that motion, or brief. Making Every Word Count: Using Strategic Ed- iting to Increase the Readability of Your Appellate Brief, 67 U.S. Att’ys. Bull. 85, 87 (2019). 9 Shaun B. Spencer & Adam Feldman, Words Count: The Empirical Relationship between Brief Writing and Summary Judgment Success, 22 J. Legal Writing Inst. 61, 62 (2018). With respect to appellate briefs, one study found no statisti- cal correlation between readability and success and two studies found a relationship. See Lance Long & William F. Christensen, Does the Read- ability of Your Brief Affect Your Chance of Win- ning an Appeal?, 12 J. App. Prac. & Process 145 (2011) (no relationship); John Campbell, Writ- ing That Wins: An Empirical Study of Appellate Briefs, 46 Colo. L., Mar. 2017, at 85. (relation- ship); Adam Feldman, Counting on Quality: The Effects of Merits Brief Quality on Supreme Court Opinion Content, 94 Denv. L. Rev. 43 (2016) (relationship). 10 Spencer, supra note 9, at 98. 11 Sean Flammer, Persuading Judges: An Empirical Analysis of Writing Style, Persuasion, and the Use of Plain English, 16 J. Legal Writing Inst. 183 (2010). 12 Id. at 200. 13 Id. at 205. It is important to remember that these studies explored the correlation, not causation, between readability and persuasiveness. As one writer noted, “We can’t prove from one study that style wins cases, but we can conclude that those who win cases most value writing style.” Campbell, supra note 9, at 88. 14 Finkelstein, supra note 8, at 86. 15 Id. at 94-95. 16 While there are critiques of this readability pro- gram, it is a good place to start. See Louis J. Sir- ico, Jr., Readability Studies: How Technocentrism Can Compromise Research and Legal Determina- tions, 26 Quinnipiac L. Rev. 147 (2007).
BENCH & BAR | 37 BAR NEWS
JULY 2020 Following is a list of applicants who have applied to take the July 2020 Kentucky Bar Examination. NOTE: This list is current as of April 8, 2020. Any applications filed after KENTUCKY BAR this date will not be included on this list. The Court and the Board of Bar Examiners are working with the National Conference of Bar Examiners with regards to the administration of the July 2020 examination. No deci- APPLICANTS sion has been made at this time regarding it.
Jacob Michael Abrahamson Maria Z. Danyal Jared Klein Hoskins Benjamin Jefferson Mills Makenzie Dian Ackermann Benjamin Allen Dennison Adam Patrick Houk Mia Marie Morales Abbey Kirsten Aldridge CJ Donald Caleb Akinder Hurt Megan Whitney Mullins Heather Jo Ansert Alexander Hunter Durham Elizabeth Porter Irish Jessica Paige Murch Austin Alexander Apsley Alexa J. Elder Claire Elizabeth Jackson Katie Sue Napier Cali Victoria Arroyave Steven Chase Ellingsworth Alana Michelle Johnson Nicholas Albert Nash Zachary Dean Atwell Mitchell Eric Esterle Anthony R. Johnson Caroline Kaye Nelson Summer Rose Bablitz Barbara Renee Finley Haley Nichole Johnson Natalie Ann Nelson Ann Kelly Ball Maci Blair Followell Elias Soonjae Kang-Bartlett Olivia Gayle Oney McKenzie Taylor Ballard Sydney Taylor Freeman Nicole Ruth Karr Alexander Alberto Pabon Shanna Rose Ballinger Corey McKay Friley Cornelius Robert Kearns Rachael Kristine Page Bryanna Kathryn Barker Danielle Maria Galyer Lauren Elizabeth Keeler Cheyanna Belle Patrick Megan Brooke Barker Madison Dawn Gamble Erica Brooke Kendrick Emily Jordan Pence Caitlyn Marie Barnes Jessica Elizabeth Joy Gapp Caitlin Paige Kidd Meagan Elizabeth Pickett Christopher Ryan Belknap Mackenzie Lois Giannotti Courtney Paige Kidwell Emily Laine Pinerola Jarrod Lee Bentley Andrew Lee Gillespie William Bassett Kilgore Lindsay Ann Porter Sara Suzanne Bentley Kyle Alexander Girouard Crystal Dawn King Lindsay Tate Ratliff Porter Shelby Lyn Bishop Munroe Yates Graham Shannon Nichole King Megan Nicole Price Kirby Allison Black Marian Ruth Graves Jessica Jane Knowles Ryan Michael Quinton Justin Edward Blankenship Millicent Kay Green Amanda Kay Krugler Kaylee Jazz Raymer Andrew-John Ralph Bokeno Hoyt David Grimshaw Sarah Dominique Langer Steven Patrick Riley Jared Daniel Boswell Margaret Ann Groot Evelyn Teresa Latta Emily Christine Robbins Stephanie L Brockman Ameena Khan Gross Amanda Virginia Lawson Jacob Christian Robbins Cade McGavinn Brown John Gregory Gullett Sarah Elizabeth Laytham John Bible Robinson Caroline Kleier Bruenderman Benjamin Hachten Rachel Leffel Jenna Brooks Rohrig Jeffrey Douglas Buckles Lawrence Jarrett Hale Erin Michelle Legg Laura Katherine Ross Matthew Lewis Bunnell Samantha Jo Hall Athanasia Olga Livas Tyler James Rucker Andrea Nicole Bussell Kaitlyn Nicole Hammonds Lakara Lalesha Livers Pryor Yisrael Mordechai Safeek Emilee Ann Buttrum Al'Lisha Jacqueline Denise Hanserd William Tyler Lloyd Cyrus Bennett Saffari Alexander Callahan Stefanie Elaine Harrelson Madeleine Broox Loeffler Joseph Michel Scherpenberg Brenda Sofia Calleja Parga Felicia Renay Harris Addison McDowell Lowry Kyle Seth Schroader Shelby Lin Campbell Erik Allen Hart Jacob Theodore Ludwig Andrew Thomas Schuhmann Miranda Robinson Carter John Austin Hatfield Lila Lutfi Maximillian Xavier Schweiger Ashley Faye Cheatham Estee Hazelip Suzanne Mariah Marino Jonathan Carter Sedlaczek Kelly Renee Clan Marc Austin Hellmueller Joshua John Marshall Aaron Lee Shaw Kathryn Elizabeth Coffman Sara Marie Hernandez Kaelyn Sierra Martin Scott Washington Shofner Cash Custis Collins Carly Lynn Hertel Kirk Edward Mattingly Richard Brandon Shufelt Cassandra Ann Combs Christy Ruth Hiance Olivia Anne Mattingly Richard Keith Simpson Emil Dominick Constantino Lauren Katherine Hickey Cameron Price McCoig Brandon Lee Slone Channing Simpson Cox Joy Elizabeth Hill James Thomas McSweeney Erin Elizabeth Smallwood Brenton William Craggs Alexandria Griffin Hisle Kathryn Delaine Meador Hannah Renee Smith Emily Mary Croucher Emily Kristen Holt Erin Michele Melcher Beam Zachary Ryan Smith Haley Makae Damron Zachary Scott Holt Bradly Adam Miller Lexington Mary Souers
38 | MAY/JUNE 2020 Andrea Nicole South Tyler Tansel Spanyer Rebecca Nicole Spears Lauren Marie Spuzzillo Michael Boyd Stacy II Haley Stahl Justin Douglas Stanley Tia Kizziath America Steward Eric Lee Stiff John Tyler Stocking Randall Scott Strause, Jr. Scott Michael Sullivan Jaclyn Renee Taylor Trent Austin Taylor Stuart Randall Thaman A national first! Gabriel Elizabeth Thatcher Nathan Thompson Kentucky Bar Association expands its Wesley Ray Tipton Caroline Cooper Travis Casemaker® member benefit by adding Zachary Pennington Trinkle Travis Turner free, unlimited access to vLex US and Jacob Allen Turner-Barrett the AI-powered legal assistant, Vincent Brenna Kaitlin Whalen Twohy Aaron Vance Leeria Louise Elizabeth Blair Walden Visit KYBar.org to start using Patrick William Wells Nicholas Andrew Wheatley Casemaker and vLex today! Alexander Burton Wheeler Casemaker, the Kentucky Bar Association and global legal research Robert Lee Whitmer Alexandria Clare Whittington provider vLex support KBA members with a first-of-its-kind partner- Haley Brooke Williams ship, under the terms of which KBA members will enjoy free, unlimited Jay Perry Wilson access to vLex’s industry leading intelligent legal research assistant, Amy Nicole Winders Vincent, and to the comprehensive vLex US platform. Mark Thomas Wright Shane Mitchell Wright Built on top of vLex’s cloud-based data platform Iceberg, Vincent is Danielle Nicole Yancey Kelley Nicole Yates the only Artificial Intelligence tool that can analyze legal documents James Edward Yeager III in two languages (English and Spanish) and across 10 countries. Vin- Rachele Taylor Yohe cent is part of the vLex Justis platform, which itself includes a global Kaleigh Meghan Yurkew collection of primary law and expansive secondary sources, and is Megan Elizabeth Ziegman capable of securely integrating a firm’s internal knowledge manage- Anita Zipfel ment resources. Joseph William Zurschmiede The KBA has provided its members with free access to the Casemaker legal research service since 2005. Now, in renewing their member benefit agreement, the KBA and Casemaker have expanded their partnership to include member access to Vincent and vLex US. KBA members may access Vincent from the Casemaker4 platform, or if they prefer, from the vLex platform directly from the KBA website.
BENCH & BAR | 39 BAR NEWS
to the following members who reported 50 or more pro bono Congratulationshours on their 2019-2020 KBA Annual Dues Statement.
Julia Hylton Adams Michael Keith Bishop Adam Peter Collins Stefanie Joan Ebbens Kingsley William C. Adams III Donna Michelle Bloemer James Albert Comodeca Philip James Edwards Ferrell Adkins Blaine Robert Blood Peggy Gross Comstock Robert Henry Edwards Wael Mohammad Ahmad Richard Boling Michael Patrick Conley Daniel F. Egbers John Marvin Alderdice Richard Joseph Bonenfant Allison I. Connelly Keith Doniphan Elston Jeffery Paul Alford Curtis Elliott Bostic Emily Jane Cooney Melissa R. Emery Andrew S. Alitowski Matthew Lawton Bowling Tanya Robin Cornette Candy Yarbray Englebert James Victor Allen Jason Anthony Bowman Gregory Edward James Coulson Kenny Bryan Ernstberger Russell Darren Alred James Anthony Bradley David Thomas Cowley Sean Patrick Espy Benjamin Charles Anderson William Eric Branco Garrison Richard Cox Stephen E. Esselman Geraldine Greenberg Anderson John Lee Brown James M. Crawford Angelena Marie Elliott Etherton Susan M. Argo Louise Mae Brown James Timothy Crawford Connie Lee Eyle W. Dale Arnett Robert Hawthorne Brown Wynne Louis Creekmore, Jr. Taylor Farley III James Shannon Arnold Brian Scott Brownfield Michael Allen Crider Edward W. Farrell, Jr. Michael Charles Arnold Kelly Jo Brownfield Paul William Croce Shannon Renee Fauver Thomas Howard Atkins Elizabeth Karen Broyles Robert Forsythe Croskery Dennis Britt Fentress John David Austin Stephen Wesley Brumley Paul Freed Curry Maria A. Fernandez Bruce Edward Avery Mark Alan Bubenzer Joseph G. D'Ambrosio Bruce Justin Ferriell Grant Matthew Axon Charles E. Bullard Ann Elizabeth D'Ambruoso Sarah Elizabeth Fightmaster Tiffany Gash Azzinaro Kevin Crosby Burke Lyman Sherman Darby Marina Finegold Jason Paul Bailey Tonya Sue Burns Matthew Thomas Dattilo Aurora Arnold Freeman Flener Neil Patrick Baine Christopher David Bush Aaron Russell Davis Stephen Francis Florian Colleen English Balderson Richard N. Bush Brian John Davis Robert Anthony Florio Fielding E. Ballard III Frederick Monroe Busroe, Jr. Rodney G. Davis Jack Walter Flynn Elizabeth Downey Barber Jane Arnett Butcher Stephanie Lauren Davis Amy Susanne Foster Kimberly Irene Barnard Matthew Thomas Butler Richard Frank Dawahare Donna J. Foust Kristen Maree Barrow Noel Embry Caldwell Linda Carol Dawson Paul Raymond Fowler Edward Hampton Bartenstein Robert Jeffrey Caldwell Jeffrey Bryant Dean Stephen Mark Fowler Timothy Cobert Bates Nancy E. Shelby Calloway Kaitlin Smith Dean Paul Louis Frampton, Jr. Donald S. Battcher Michael R. Campbell Karen Denise Best Dean McKinzee Ann Weddle Frazier Jason Tyler Batts Daniel Jay Canon John Alexander DeCamillis Tommy Joe Fridy Brent Robert Baughman Brian Thomas Canupp Matthew Beatty DeMarcus Richard Henry Friedman Ruth Helen Baxter David Wayne Carby Carl D. Devine Angela Kortz Funke Nicole Sotiriou Bearse Lincoln Jordan Carr Daryl Thomas Dixon David Eric Funke Craig Steven Bell Jennifer Lee Carrico Dodd Douglas Dixon Marcus Daniel Gale Johnny Wade Bell George R. Carter Matthew Daniel Doane Mary Ann Claire Garris Lindsey Gary Bell Patricia Raquel Casarez-Lodhi Charles W. Dobbins, Jr. Robert Christian Garrison Gregory Allen Belzley L. Stanley Chauvin III Anna Leisa Dominick Kathryn Meyer Garvey James David Bender Mary Rives Chauvin Robert A. Donald III Johnathan Clay Gay Joseph Harold Bennett Sarah Ann Chervenak John Lewis Dotson Brandon Wayne Gearhart Deedra Benthall John Clayton Cheshire LeeAnna Dowan Jason David Gearlds Joseph Luke Beyke Steven Bruce Chesler Alice Dansker Doyle Lauren Durham Gearlds Ryan David Biggerstaff Larry R. Church Bridget Leigh Dunaway Christina Cook George Tabitha A. Bingham Sarah Eleanor Clay Amy Rebecca Duncliffe Stephen Graves Geurin Eric Michael Biscopink Ross Daniel Cohen Cyrus Gilmore Dutton III David Randall Gibson John Louis Bishop Janet Humphrey Cole Kathryn Rose Dutton Justin Parker Gooch Kevin Don Bishop Edmond Collett John H. Dwyer, Jr. Alissa Jeannine Graf-Schad
40 | MAY/JUNE 2020 Carmin Grandinetti John A. Johnson Brandon Wayne Marshall George R. O'Bryan David Champ Graves III Lon M. Johnson, Jr. David Dwight Marshall Kimberly Osborne O'Bryan Rebecca Marie Gray Meghan Paige Johnson Phillip Christopher Masengill II Michelle Marie O'Bryan Robert Samuel Greenwell William E. Johnson Joseph Hubert Mattingly III Harry Bernard O'Donnell IV Cynthia Turner Griffin Brandon Christian Jones Jason Scott Matuskiewicz Lisa Jean Oeltgen McGuire Alexander Griffin Charles Elic Jones Bruce Lane McClure Anthony Lynn Osterlund Micah Gale Guilfoil Payne Lawrence Lee Jones II Allen Keith McCormick Michael Wayne Oyler Sherif Guindi Judith K. Jones-Toleman Rebecca Graham McCoy Carl Wesley Pagles Denotra Spruill Gunther David Barry Jorjani Stephen Gray McFayden Andrew Alan Paisley Brian Frank Haara Cathy Kahnle Jeffrey Arthur McKenzie Addison Melvin Parker Martin Andrew Haas, Jr. Shelly Ann Kamei Mikel Davis McKinley, Jr. Djenita Muzurovic Pasic Adam S. Hall Randolf Frank Kassmeier Lucy Coleman McKinstry Tandy Carol Patrick Jennifer Jessica Hall Alice Hogue Kay Brendan Joseph McLeod William Lewis Patrick Brian Paul Halloran Margaret Eileen Keane Teresa Renee McMahan Gary Lynn Payne Jonathan Tyler Hampton Robert William Keats William Fletcher McMurry Jennifer Mills Peek Amanda L. Hartley Charles David Keen Erin Christine Melchior Charlie Milton Perkins Tonya L. Hatfield Dennis James Keenan III George Edward Meng David Clarence Perkins Robert Jeffrey Haupt William Leslie Keene, Jr. Gregory Scott Metzger Courtney Marie Peterson Benjamin Walker Hawes, Jr. John Warren Keller Robert Kenyon Meyer Jason Kelly Petrie Shellie Leann Hayes Laurie Goetz Kemp William Steven Middleton Hannah Elizabeth Peveler Austin Hite Hays Katherine Kay Kendall Brendon Darrell Miller Ned Barry Pillersdorf Jason Charles Hays Hunter Joseph Kendrick John Nathaniel Miller Robert David Pinson Michael Roy Head Thomas Robert Kerr Jonathan David Miller Richard E. Plymale John Maurice Hendricks Doris A. Kim Kyle William Miller Martin Andrew Pohl Joshua David Hershberger Bobby Rickey King Andrew M. Mitchell Shari Polur Robert Gregory Higgins Lori A. Kinkead Mark Daron Mitchell Brenda Popplewell Amanda Lester Hill Christopher Carroll Kloeker Jessie Jean Moberg Ashlea Shepherd Porter Paul J. Hill William Gerard Knoebel Edward Colman Monahan Stephen T. Porter Michael Ross Hirsh Marvin Allen Knorr III Theodore Frazer Monroe Clifford Keith Powell Jesse Reid Hodgson Roger Brandon Knoth Catherine Ann Monzingo John G. Prather, Jr. Christopher James Hoerter Connie Marie Kremer Emily Criscillis Moore Nicole Michelle Prebeck Jonathan Bartley Hollan John Mark Kressenberg Sydnee Erin Moore Haley Anne Prevatt Gilbert E. Holland Rand Eric Kruger Carlos Moran E. Austin Price Johnathon Scott Hopper Edward Charles Lanter James Walden Morgan, Jr. Latevia Veniece Priddy Dale L. Horner, Jr. Theodore H. Lavit Jason Scott Morgan Thomas Kevin Pride Edward Alexander Houlehan Stephen Samuel Lazarus Kevan Morgan Jennifer Denise Pruitt Brian Carter House Rebel Michelle Lee Michael James Morgan William Lawrence Purtell Nanci Marian House Nathan Andrew Lennon Christopher Morris Marco Mike Rajkovich, Jr. Meghan Thompson Houston Bobbi Jo Lewis Nina Louise Moseley William Champ Oakley Reaves Douglas Clifton Howard Brandi N. Lewis Kenneth Mudd Gregory Adam Redden Jerrad Theodore Howard Johnie Delbert Lewis, Jr. Joshua James Mullins Kaelin Goheen Reed Joshua David Howard Lola Philpot Lewis Shasta Kay Fraley Mullins Stephen Andrew Reed Derek D. Humfleet Charles Judson Lisle James Kennedy Murphy Colin Bachmeyer Reilly Gene Lynn Humphreys Natasha Camenisch Little Melinda Ann Murphy Micah J. Revell John Earl Hunt Stephanie Marie Livers Lisa K. Nally-Martin Amy Leigh Revlett Leon Rushing Hunt IV Kent D. Lollis Joseph Nava Ana Cecilia Reyes Wesley Alan Hunt Philip Michael Longmeyer Stephen Edward Neal Matthew Ronald Rheingans Cheryl Lynn Intravaia Marielle Vanessa Lopez Julie Anna Neuroth Christopher Lewis Rhoads Teresa Ann Isaac Dace Alexandria Lubans-Otto Peter Canavan Newberry Edwin Douglas Richards Helena Racin Jackson Deborah Lydon Lindsey Loraine Neyra Joanne Sue Richards Richard Dwayne Jackson James David Lyon Lewis Dunn Nicholls Thomas Dwight Richards Andrea Marie Janovic James William Lyon, Jr. Charlotte Amelia Nickerson Eric Wade Richardson August Thomas Janszen Christopher Brendan Madden Michael Allan Noll Jack Logan Richardson IV Julie Scott Jernigan Nazly Mamedova Dennis Leo Nordhoff II Charles E. Ricketts, Jr. Charlotte Darlene Johnson Howard Oliver Mann John Wesley Oakley II Jonathan Stefan Ricketts David Ross Johnson Melanie Sublett Marrs Adam Scott O'Bryan Caitlin Grimes Rieser
BENCH & BAR | 41 BAR NEWS
Billy Norwood Riley Julia White Springsteen Donald Anthony Thomas Charles Donald Wells Neil Brian Riley, Jr. Todd Mitchell Spurgeon Patricia Ann Thomas Charles Phillip West Stephanie Dawn Ritchie Robert Joseph Stanz Daniel Louis Thompson Paul Lewellin Whalen Theodore Marcum Robbins Drake William Staples Joseph Daniel Thompson John Andrew White John Allen Roberts Leonard Joseph Stayton Keith Allen Tidwell Matthew Lee White Danny Franklin Rock Auric D. Steele Christina Marie Tobin Anna Stewart Whites Benjamin D. Rogers Jamie Lynne Stephens John Matthew Tranter Katherine Houston Whitten Charles Fredrick Rogers, Jr. Raymond Grant Stephens II Scott Douglas Tranter Mary Jo Wicker Melanie Ann Rolley Joyce Janiene Stevens James Thomas Traughber Howard Douglas Willen John H. Rompf, Jr. Melissa Ann Stevens David Clifton Travis Thomas Brandt Willenborg Daryle M. Syck Ronning William Kash Stilz, Jr. Michael D. Triplett Anne Deming Luck Williams Joshua Taylor Rose Susan Faye Stivers Agnes Sipple Trujillo Thomas M. Williams John M. Rosenberg Paul Robert Stokes Kristin Ann Turner John Paul Wilson Peter Allen Roush Thomas Kendall Stone Laurie Wellons Valentine Whitney Michelle Wilson David Brian Rubinstein Charles Robert Streich Jim Garner Vanover Mark Alan Wohlander Elizabeth Gardner Russell Stephen Lane Stricklin James J. Varellas, Jr. Mark Harris Woloshin Kristin Michelle Russell Whitney Coleman Stringer Wesley Kent Varney Michael Avram Woloshin Jonathan Leigh Sacks Natalie Talmage Stuart Nicholas C. A. Vaughn Frank C. Woodside III Brian Keith Saksefski Maureen Ann Sullivan Iversy Zayas Velez Kerry Miles Wright Kyle Ray Salyer Frederick H. Summe David B. Vickery Rachel Diana Yavelak Jeffrey Michael Sanders William Frederick Summe Justin C. Vine Shelli Deshea Dunn Yoakum Stephen Craig Sanders Matthew Wade Swafford Barbara Jean Wagner Mary James Young Janie-Marie Sapon Laurel Knuckles Swilley Greta Hoffman Walker Jennifer Eileen Zell Dixie R. Satterfield Jeremy Joseph Sylvester Richard Adolph Walker Steven Carroll Schletker David Brandeis Tachau Catherine Ishmael Wallace Christopher Patrick Schlueter Brooke Nicole Talley Keith Matthew Wallace John Page Schrader Damon R. Talley Theodore Wendover Walton Joseph Paul Schuler Jennifer Lynn Taylor Victor Allen Walton, Jr. Paul Roman Schurman Lescal Joseph Taylor Dustin Wayne Warren James Richard Scott Marsha Taylor Manning Gilbert Warren III Lindsey Scott Michael Anthony Taylor Cecil Randal Watkins Todd Richard Seaver Trent Ramsay Taylor Dorothy Louise Watts Ashley Brooke Barber Sexton Saeid Shafizadeh Valerie Anne Shannon Gene Raymond Shaw Beverly Ann Shea LEGAL SERVICES CORPORATION John O. Sheller Theodore S. Shouse Notice of Grant Funds Available Robert S. Silverthorn, Jr. Nathan Vincent Simon for Calendar Year 2021 Bobby Cierna Simpson The Legal Services Corporation (LSC) announces the availability of grant funds to provide civil Thomas Bruce Simpson, Jr. legal services to eligible clients during calendar year 2021. In accordance with LSC’s multiyear Michael Gregory Sims funding policy, grants are available for only specified service areas. On or around April 1, 2020, Bruce W. Singleton LSC will publish the list of service areas for which grants are available, and the service area James Thomas Skinner descriptions at www.lsc.gov/grants-grantee-resources/our-grant-programs/basic-field- Roxann R. Smalley grant/lsc-service-areas. The Request for Proposals (RFP), which includes instructions for Mark Anthony Smedal preparing the grant proposal, will be published at www.lsc.gov/grants-grantee-resources/ James David Smith our-grant-programs/basic-field-grant on or around June 1, 2020. Applicants must file a Notice of Intent to Compete (NIC) and the grant proposal through LSC’s online application James Stephen Smith system in order to participate in the grants process. Jessica Dawn Smith Robyn Rochelle Smith Please visit www.lsc.gov/grants-grantee-resources/our-grant-programs/basic-field-grant Ryan Clark Smither for filing dates, applicant eligibility, submission requirements, and updates regarding Mary-Ann Smyth the LSC grants process. Amanda Murphy Sowell John Warren Spies Please email inquiries pertaining to the LSC grants process to [email protected].
42 | MAY/JUNE 2020 March 9, 2020 Address or e-mail changes?! Honorable John D. Minton, Jr. John D. Meyers, Executive Director Notify the Kentucky Chief Justice Kentucky Bar Association Bar Association Supreme Court of Kentucky 514 West Main Street Over 19,000 attorneys are licensed 700 Capitol Ave Frankfort, Kentucky 40601-1812 to practice in the state of Kentucky. Frankfort, Kentucky 40601 It is vitally important that you keep RE: CERTIFICATION OF CANVASSING BOARD FOR the Kentucky Bar Association (KBA) BAR MEMBERS, SPECIAL ELECTION FOR THE informed of your correct mailing TH 39 JUDICIAL CIRCUIT NOMINATING COMMISSION address. Pursuant to SCR 3.035, all KBA members must maintain a current Dear Chief Justice Minton and Mr. Meyers: address at which he or she may be communicated, as well as a physical Pursuant to the provisions of Section 118 of the Kentucky Constitution and SCR address if your mailing address is a 7.040(6), a duly appointed canvassing board, on March 9, 2020, met and tabulated Post Office address. If you move, you ballots for the special election as reflected above. The following candidates for the must notify the Executive Director of designated commission received the indicated number of votes: the KBA within 10 days. All roster 39TH JUDICIAL CIRCUIT changes must be in writing and must include your 5-digit KBA member Tammy E Howard, Post Office Box 992, Jackson, KY……………………..……..…....22 identification number.
Christina Edmonds Noble, Post Office Box 1219, Jackson, KY…….….………..…...... 12 Members are also required by Certified as true and correct Election Results, this th9 day of March 2020. SCR 3.035 to maintain with the Director a unique, valid email address and shall upon change of that address /s/ notify the Director within 10 days of Machell Smith the new address. Members who are Chairman classified as a “Senior Retired Inactive” or “Disabled Inactive” member are not required to maintain a valid email address on file and those “Honorary” members who no longer actively practice law or maintain an office.
There are several ways to update your address and/or email for your convenience.
Online: Visit www.kybar.org to make changes online by logging into the website and editing your profile.
Form: Complete the Address Changes/Updates form found at www.kybar.org, under the For Members tab, Members Request, Address Changes/Updates. Email completed form to [email protected] OR mail to : Kentucky Bar Association, Executive Director 514 W. Main St., Frankfort, KY 40601-1812
*Announcements sent to the Bench & Bar’s Who, What, When & Where column or communication with other departments other than the Executive Director do not comply with the rule and do not constitute a formal roster change with the KBA.
BENCH & BAR | 43 KENTUCKY BAR FOUNDATION
Reflections from Visits to Agencies Benefiting from the Kentucky Bar Foundation
Micah Legal is a not-for-profit law office Legal founded in 2017 by social worker- turned-attorney Lindsey Burke. The mission of Micah Legal is to increase access to justice for people with limited income who are otherwise unable to afford an attorney. Micah Legal provides civil legal services ranging from family law, to preparation of wills, to expunge- ments, with fees based on a sliding-scale. The office represents clients who are residents of Fayette County and qualify based on household size and income. The fees can be as low as $15 per hour. The average Micah Legal client pays $25 per hour for trauma-informed, high quality legal representation.
In 2019, Micah Legal received a $7,500 grant from Kentucky Bar Foundation. This grant made it possible for Micah Legal to expand its ability to provide services to their most indigent and vulnerable clients. Many of Micah Legal’s clients are referred by partner organizations like GreenHouse 17, Lexington Rescue Mission, St. James Place Apartments, Maxwell Street Legal Clinic, and Bluegrass Care Navigators. In addition to augmenting the very small fees paid by clients, the grant increased language access for clients The average Micah Legal client pays who do not speak English. The cost of providing language interpretation has been a significant barrier to many seeking legal representation. With $25 per hour for trauma-informed, the grant, Micah Legal was able to increase the universe of individuals it was able to help. high quality legal representation.
2019 was a busy year for Micah Legal and its team of dedicated students and volunteers. Micah Legal provided legal representation to over 150 individuals and families who would have either gone to court alone, or simply abandoned their legal rights altogether. One child custody client had this to say about their experience: “You don’t even know what a blessing you are. We’ve been needing to take this issue to Court for over four years, but until we found you, we just couldn’t afford to do it. Thank you.”
When asked about the future, Lindsey had this to say: “We hope that 2020 will be a break- through year for us as we work to add another attorney to help meet the huge demand for our services. The Bar Foundation grant is proving to be instrumental in increasing our capacity to help. It is such a privilege to be of service to our community and we hope through our example we will be an inspirational model for others to follow.”
Micah Legal is filling a major gap—between free representation and market rates—that other programs are simply unable to pro- vide. The need for affordable legal assistance is great, and Micah Legal is doing an admirable job of demystifying and making accessible the legal system for those who are often left behind and taken advantage of. In a world where the people at the bottom of the totem pole suffer more and more, Micah Legal is making a concerted effort to help those in need. A truly noble cause.
Joshua E. Santana, Lexington Santana Law Office, PSC Board Member, Kentucky Bar Foundation
44 | MAY/JUNE 2020 Family Enrichment Family Enrichment Center was founded in 1977 in Bowling Green, Ky. Family Enrich- ment Center’s mission is the prevention of child abuse by providing families in south- Center central Kentucky education, social support, expanding rapidly, as is the communi- resources to hire a full-time coordinator. crisis intervention, and a safe environment ty’s need for those services. Director Thanks to a $5,000 grant from the Ken- for visitation. In furtherance of this mis- of Programs, Lynn Hulsey, explained tucky Bar Foundation, FEC has been able sion, Family Enrichment Center (FEC) that 12 years ago FEC was only able to to hire a full-time Visitation Coordinator, offers numerous programs, including: serve 25-30 families per year. Thanks to who coordinates the program and supervises • adoption resource program, which a three-year federal grant, FEC received visits. recruits foster/adoptive families and significant funding and training to expand provides approved trainings and its supervised visitation services. Last year, During my visit, Ms. Hulsey gave me a tour support for foster/adoptive families; FEC was able to service 190 unduplicated of the facility, pointing out safety measures. families and provide 1300 hours of super- For example, one parent accesses the build- parenting classes, including classes • vised visits! ing from the front, while the other accesses for divorcing parents; the building from the rear. She showed • in-home parent education, where While the grant propelled FEC’s ability to me various visitation rooms, each having educators go into homes and teach service more families, the grant has now age-appropriate toys, games, and activities parents what to expect as their child ended, so FEC must look to other funding – even taking into consideration the unique develops to increase school readi- sources to continue its essential visitation needs of teenagers. Lynn Hulsey and FEC ness, and prevent child abuse; services. FEC charges an income-based fee staff are working hard to provide much- • Wee Care Childcare Center, which which does not exceed $25 per hour. While needed services provides affordable childcare and this fee helps tremendously, it does not fully to the families early childhood education; and cover the operational costs of the program. of southcentral • supervised visitation services for FEC seeks grants and fundraising to cover Kentucky! families experiencing custody, reuni- the shortfall and expand services through- fication, domestic violence, child out southcentral Kentucky. abuse, or other family issues. These visitations are most often referred FEC has traditionally contracted with social by courts. workers to supervise visits but lacked the FEC’s supervised visitation services are Stephanie McGehee-Shacklette, Berry & McGehee PLLC Board Member, Kentucky Bar Foundation BENCH & BAR | 45 KYLAP
LAW ER W ELL-B EIN : O I AN EMI E ITION
e’re in the middle of a world crisis to maintain some degree of conscious not just living in the present, (“one day at a unlike anything we’ve ever seen in awareness toward keeping our surreal time”), but also to understand that today is Wour lifetimes. We hear the word experience as what it is in the present, my only certainty. A great deal of anxiety “uncertainty” repeated over and over many while minimizing catastrophic and is removed when one focuses only on their times daily. We are incessantly reminded disastrous future projections spawned one sure thing – today. Even in the midst that we are “navigating unchartered waters” by our present experience for which of crisis, I’ve learned that I don’t have to or are in “uncharted territory.” The gist of there is minimal evidence or founda- plan every nuance out for the rest of my it all is that because we have never done tion in truth or reality. life. I don’t have to solve problems that this before, we’re not sure how to do it. We may never arise; and I don’t have to pay bills don’t have a clue how to maneuver through How? According to Spare you have to that may never come due with money I may a plague-like catastrophe. What most of consciously present evidence to yourself never earn. What I do have to do is to be us won’t say is that we’re afraid. That at that these thoughts and related feelings here in the now, be present for those I love any given moment what we’re feeling is are grounded in reality. The vast major- and care about, and be of service. I have to sheer terror. That we’re really scared that ity of the time, he says, you won’t be able perform all of the little tasks on a daily basis we could lose a loved one. Or our business. to give yourself any credible evidence that that will total up to my accomplishments Or our house. That we might get sick, too. these projected fears are grounded in truth. and successes. Desmond Tutu said “there No, we don’t say those things. We learned At that point you’re able to separate the is only one way to eat an elephant: a bite in law school never to look vulnerable, no warranted and/or healthy fears from the at a time.” matter what’s happening around us. Truth unwarranted. be told, that canon is a bit of a bum steer This skillset doesn’t just work for those in everywhere except in the courtroom. In Easier said than done. Even as a clinician recovery. It works for anyone who wants to a world with a pandemic of epic propor- with years of experience, Spare finds that reduce anxiety and stress in their lives and tions happening outside our front door, that who are willing to work at being present. mentality is detrimental. And whether we As I work from home videoing And spoiler: it’s critical at a time when the will say it out loud or not, we’re all feeling with my patients with rebellion and only news story on 24/7 is the one telling this same fear. detestation repeatedly seeping in, I us that the world is a much scarier place unrealistically experience fearful feel- than we could have ever imagined and Michael Spare, a Board-Certified Diplo- ings with the related thought, “This is NOBODY seems to know how this is all mate in Licensed Clinical Social Work, a game-changer. This is probably the going to turn out. way it’s going to be from now on!” member of the KYLAP Commission, and When this happens, I have to (take a practicing therapist in Allen, Ky., says we There are dozens of free courses on med- would have to be suffering from “some sort deep breath), walk my talk, and remind itation right now. Many are listed on the of brain damage or malfunction if we didn’t myself in truth and reality that there KYLAP website (www.kylap.org), and in feel fear right now.” The question becomes, is absolutely no evidence that supports our Twitter feed @KYLAPtweets. You then, how do we manage it? Spare says to this belief, and that it will only be true have time to try it. I was a skeptic, too. You work towards embracing the fact that if if I choose it. I then try to focus on and have nothing to lose. It’s free. It works. you’re carrying some fears and insecurities welcome all that we’re going to learn from this surreal and uncharted expe- in the midst of this pandemic, then you’re We’re also feeling grief. “What am I rience which will make it better for all. working well psycho-spiritually. “Many, too grieving?” you ask. “What have I lost?” many of us, understand courage as a lack METHODS Essentially, we have lost our “normal.” of fear. Conversely, in truth, courage is the So not only are we afraid of what is hap- The best way to bring ourselves into peace- ability to walk through fear,” says Spare. pening or what could happen; we’re also ful reality is through meditation. There has grieving our loss. And it’s fueling our As with panic disorders there can be a never been a better time for you to begin anxiety. It’s very similar to a divorce – a symptom of “depersonalization” which practicing mindfulness and meditation as divorce we didn’t expect and didn’t want. sometimes presents as an “out of body” a means of remaining present and reducing We’ve been divorced (against our will) from experience. We are now in a very sur- your anxiety. You have a lot of anxiety right our customs, from our security, from our real “out of world” experience—one of now. As a person in long-term recovery, colleagues, from our offices, and from our “unchartered waters.” The real key is I’m grateful that I’ve been forced to accept
46 | MAY/JUNE 2020 assuredness that tomorrow will be much are not getting a high number of calls in Kentucky. If you need help, KYLAP is like today, which was a lot like yesterday. for mental health support. As best here to assist you. Our phone is answered And we knew how yesterday worked. We we can tell, folks are hunkered down 24/7. We’re checking our emails and we’re knew how to do that. We just don’t know and weathering things on their own open for “virtual” business. We host three how to do this. This dangerous (uncertain) as best they can. We expect, however, online Zoom recovery meetings every week, world. We had this routine, this life, and it that when things improve and there is and a fourth one monthly. Just email us or went a certain way. Then everything was a push to return to normal (whatever call for the login information. All fellow- up-ended and became risky and unsafe, that looks like), we will receive many ships are welcome. We can still refer you and all the things we thought about our calls for assistance in dealing with the to healthcare providers like therapists beings just weren’t true anymore. Over- emotional toll of this Pandemic. We’ll and psychiatrists (and many providers are night, it seems, we stopped connecting. We be ready to provide effective help! waiving co-pays under the CARES Act) stopped touching. We stopped socializing. and to treatment facilities. Telehealth is We wonder now if we will ever be willing Colorado’s and Louisiana’s advice rings true everywhere. We can connect you with a to shake hands again? Or hug a stranger? And what in the world will “business as usual” look like moving forward? TAKING CARE OF YOUR BUSINESS Certified by the National Board of Trial Advocacy, partner at Baxter & Crawford, and long- Colorado Lawyer Assistance Program time Executive Officer for Lawyers Mutual of Kentucky, Carrollton attorney Ruth Baxter Director, a lawyer and licensed therapist, knows about business. She created a short list of helpful hints for small office and solo Sarah Meyers opines that practitioners who may be struggling with the business ramifications of the pandemic. These practical tips address the urgent issues facing many of us. Her recommendations: You might feel isolated, overwhelmed with urgent demands on your time FINANCIAL ASSISTANCE FOR ATTORNEYS and attention, or be juggling multiple If you are unable to work due the COVID-19 State of Emergency, consider these options: personal and professional issues. This can also exacerbate behavioral health • Self-employed persons are now eligible for Kentucky Unemployment benefits,with concerns such as anxiety, depression, the federal government enhancing benefits by $600 per week. To apply, go online to substance use, and addiction issues. kcc.ky.gov or call 502-875-0442 (check website for Regional Phone Numbers) You must On a basic level, we have experi- file on a certain day of the week based on your last name: Sunday A-D; Monday :E-H; enced drastic changes in our routines, Tues. I-L; Wed. M-P; Thurs. Q-U; Friday V-Z or anyone who missed his/her date. environments, and modes of commu- Law firms with less than 500 employees are eligible for Paycheck Protection nication. On a deeper level, we might • Program (PPP) through local banks that are SBA-certified lenders. Called SBA 7(a) be directly or indirectly impacted by Loans 100% guaranteed by SBA and have an interest rate of 4%. physical illness or financial difficulties. In Colorado, we are encouraging the Maximum loan is 2.5 times the average monthly payroll (cap of $100,000 per employee) legal community to build resiliency based on the prior year’s payroll (up to $10 million) to pay payroll, sick leave, family while adjusting to change at home leave, interest on mortgages, rent, utilities, etc. Fees paid from loan. Payments deferred and in the workplace (virtual or oth- and loan forgiveness equal to the amount spent by borrower during 8-week period after erwise) in addition to taking advantage loan origination thru 6/20. To apply, go to SBA website www.sba.gov, and complete SBA of virtual therapy and support group Form 2483. Have tax preparer/accountant certify your payroll information to submit to meetings. local lender with application. Check SBA portal to see what lenders in your area have been approved to handle SBA 7(a) loans. Unfortunately, what we’re not seeing either in Kentucky or in the Lawyer Assistance • Law firmsare eligible for SBA Economic Economic Injury Disaster Loan Grants world in general is lawyers asking for help. (EIDL) up to $2 million, with $10,000 emergency advance with application, thru 12/31/20. This is a national phenomenon that has Partial loan forgiveness equal to amount spent during 8-week period after loan origination. the Lawyer Assistance Program world Apply directly to SBA www.sba.gov Disaster Loan Assistance for online application not only flummoxed, but concerned and • Lost your health insurance? Kentucky Medicaid now with ‘presumptive eligibility’ fearful for our lawyers who are at a higher through 6/30/2020. To apply, complete online application which is being used during risk for substance use disorders, depression, the COVID-10 State of Emergency. Covers individuals and families. and who have much higher rates of suicide than the general public. Our phones are • Ill/ Exposed? All employers with less than 500 employees are now required to provide barely ringing. Buddy Stockwell, a lawyer Emergency Paid Sick Leave benefits due to COVID-19 illness or exposure up to up to and Executive Director of the Louisiana 80 hours for full time employee. Check Emergency Paid Sick Leave of Families First Lawyers Assistance program reports that Coronavirus Response Act (FFCRA) effective April 1, 2020. Here in Louisiana we have been hit • At home with your child because school /daycare closed? All employers with less than hard by the Pandemic, especially New 500 employees are required to offer Emergency and Family Medical Leave Expansion Orleans. Surprisingly, at present we Act (EFMLEA) paid benefits up to 12 weeks depending upon why you are taking leave. Check Family and Medical Leave Act of 1993 (FMLA) as amended for conditions and rate of pay effective April 1, 2020. KYLAP
peer mentor you’ll connect with via phone, we willing to do to preserve our well-being? dislike and causes you find repulsive. Zoom, WebEx, or Skype. The KYLAP And Who will we become in this transition? By this, I by no means suggest the Foundation is still accepting applications What are we willing to allow our own “new lawyer insists on charming clients, for for financial assistance for inpatient or normal” to be? that lawyer would starve. It is no secret outpatient mental health treatment and we “LIKE” few of our clients. Still, there medications. We’re still here. Maybe you don’t want to be practicing law is a subset of client who, during the at all. Lawyers complain a lot about the initial meetings, engenders unseemly And if this world crisis has found you work they “have to do.” Many who gradu- thoughts in the lawyer, such as “Why wondering why you drink so much, why ate from law school aren’t really a good fit does the earth support the weight of you can’t stop after just a couple, or has for the profession. Now is your time to look this despicable person?”. Decline the you questioning whether your increasingly into your heart and decide if this is where case. You are human. Your antipathy frequent drug use is really “recreational” you want to be. If it is, if the pandemic has will make working on the case doubly after all? Consider this. Most lawyers are made you truly miss the practice of law difficult, and the odds are strong supremely resistant to inpatient addiction – all the better. But if you already dread the person is not nice and will soon or other mental health treatment because going back to the office, maybe it’s time become a galling thorn in your side. “I just don’t have that kind of time” or “I to consider a different path. A second act. One plaguing client can bring an could never fit that into my schedule.” Explore your options. There are hundreds of overload of misery and pressure to an That’s often a real quandary. But you have resources online to help you probe into the otherwise manageable practice. Also, been given a gift. The Universe has cleared possibilities. You deserve to be happy and that person won’t be satisfied and is a your calendar. The courts are closed until your family deserves a happy you. likely source of community criticism at least May 31 by the Kentucky Supreme if not bar complaints and malpractice Court’s current Order. You have been given One thing is for sure, for those who will suits. an opportunity to change your life. Rehabs remain in the practice of law, whether as are open for business and accepting clients a solo practitioner or a member of a firm, The other rule, habit or procedure is after certain preliminary healthcare assess- most are going to feel the need to scram- similar but not identical. In the course ments. A new future has presented itself. ble for new business. Almost every practice of events a lawyer will take on a matter Let KYLAP help you get there. area will be significantly impacted by this and then find it difficult to work on crisis. A select few specialties will actu- for one of several reasons, such as not MOVING FORWARD ally flourish as a result of this crisis. By liking the client, the client’s attitude For now, we’re mostly working from home, and large, we anticipate most lawyers will and/or the lack of fit between the which has gotten really crowded since our feel the panic of developing new business. lawyer’s skill set and the course that kids are out of school. We’re having to That can bring its own headaches, anxieties, needs pursuing. Lawyers in this quan- re-learn fourth-grade math and what it and potential ethical concerns. We may be dary far too often procrastinate, push means to facilitate NTI (non-traditional tempted to wander into areas of practice in the matter out of mind for extensive instruction). It’s hectic and everyone seems which we are not particularly skilled. We’ll periods of time, fob off the client with to be eating a lot and drinking more alco- be tempted to sign up clients we don’t really promises and excuses and sometimes hol than normal. And as lawyers we were like, all for the purpose of “making up for allow the matter to fall to earth alto- already drinking a lot. But there is a great lost time” and “recovering our losses.” gether. If lucky, this only causes the gift in all of this trauma. We have been lawyer unneeded stress and worry, or given a little more time to contemplate. Successful trial lawyer, KYLAP Commis- results in financial losses, but far too Even in the midst of the house work, the sion Chair, and Retired CEO of Lawyers often it leads to bar complaints and school work and the work work. If we’ll Mutual of Kentucky, Asa P. “Pete” Gul- malpractice claims. I make few prom- open our minds and become willing to take lett, III, has some insight on the dilemma ises, but I promise my listeners if they some steps to move our thoughts and our and some practical advice on the return to will drop a case they find does not fit actions away from focusing on and reacting practice. them early, while they ethically can, to the fear and the grief and the anxiety, over time they will be happier. I also and instead allow ourselves to explore Lawyers are immersed in a high-pres- promise if the lawyer will adhere to a sure vocation by definition. Most the gift of time and our possibilities for strict practice of working first on the the future, not only can we stay mentally lawyers, if speaking frankly, admit fre- matter they least want to work on and quent frustration with certain clients healthy, we may also see a future for our- for the client they find most unpleas- selves and our families that just didn’t exist and anxiety around meeting deadlines ant, thereby ridding themselves of the and producing a high-quality product 60 days ago. It’s likely that at some point, burr under their saddle, they will find and we don’t know when (yet another of which can reach irrational levels. These their practice somewhat less stressful those uncertainties), most of us will make stressors cannot be wholly eliminated, and more palatable. It took me more it through this pandemic. The question is but two habits, rigidly adhered to, than half of the 28 years I practiced to how we will be on the other side? What are can tilt the odds of lower stress in the figure this out, but once I did, I found lawyer’s favor. First, avoid clients you it so.
48 | MAY/JUNE 2020 THE SHORT LIST Here’s your short list of things to do to take care of yourself during this COVID- 19 pandemic that will help reduce anxiety Move. Physical exercise reduces stress and improves your mood and minimize malaise. This information isn’t and your sleep. It’s Spring. Walk. Ride a bike. Do Yoga. Try intended to replace medical and psychologi- Yoga with Adriene on YouTube. Amazon Prime has hundreds cal care and treatment previously addressed. of workout videos of all types. These suggestions aren’t a substitute for good mental healthcare provided by a trained Stop drinking so much. Hydrate, clinician or physician if you need medical but do it with water. assistance. But if you are someone not in crisis but with some angst, these suggestions Stop eating all that garbage. Eat your vegetables. may help you through.
Delve into your spiritual side. Whatever Every day call someone you care your beliefs, take another look at them about or worry about. Stick a note and explore how your spirituality may in the mail to someone you haven’t help you through this difficult time. seen. Better yet, call them.
Take the opportunity to Pursue artistic desires. Lawyers are desperately learn how to do something creative. Often, though, it has been singularly useful or that you’ve always channeled into the practice of law and writing wanted to learn how to do. briefs. Learn how to play the piano or take it up again. Plumbing. Small engine A Yamaha keyboard is $129 on Amazon. Start painting. repair. There’s a YouTube video Knitting. Needlepoint a belt. Order colored pencils and a for everything. mandala coloring book. The possibilities are unlimited.
Make concessions. Be gentle. With everybody. With yourself. With your kids. Even when it concerns your Limit your news to an hour or so a kids’ schoolwork. They’re scared, too Maybe a “C” in day in 20 or 30-minute increments. fourth-grade math is okay just this once. Too much is overwhelming and creates more anxiety.
Stay connected. Do virtual group book clubs, chess games, video games, recovery Reach out to your single friends. This is an awfully tough time groups. KYLAP has lots of resources to live alone. Set up Zoom meetings with them, or Skype, or for online recovery opportunities and FaceTime. Do it often. currently hosts three private meetings a week. Call us, we’ll hook you up. ABOUT THE AUTHOR YVETTE HOURIGAN Work on your sleep is the director hygiene (Google it). of the Kentucky Lawyer Assistance Program (KYLAP). Hourigan grad- uated from Murray State University LAUGH. LAUGH AGAIN. and the University of Kentucky Watch dog and cat videos on College of Law. She is a Certified tiktok. Follow Rex Chapman on Employee Assistance Professional Twitter (@RexChapman) and be sure and an Adult Peer Support Spe- to look for the quote “Dogs, Bruh.” cialist. She is a member of the ABA Commission on Lawyer CONCLUSION Assistance Programs, chair of the So, what about it? Is this your wakeup call? Can you accept that ABA/COLAP Diversity, Equity & Inclusion Committee, and a although this COVID-19 Pandemic came with fear and grief and member of the National Task Force on Lawyer Well-Being. She anxiety, it also came with the blessing of offering you a “reset” or a speaks locally and nationally on topics impacting lawyer well-be- “do-over”? Is this your opportunity to explore just exactly what it ing, addiction and suicide prevention. KYLAP’s work in lawyer is you want to do with your life? What will your new “normal” be? mental health, well-being and suicide prevention has been featured What happens when it’s over? And it will be over. One thing is for nationally on Legal View with Ashleigh Banfield, CNN, and in The sure. We’re all in this together. #LawyerWellbeing. Huffington Post.
BENCH & BAR | 49 KYLAP
Special C I - 9 ental ealth Statement and Resources Extensive resources for maintaining good mental health can During times of crisis, it’s normal be found at: to feel increased stress and anxiety. Protect your mental health while https://www.americanbar.org/groups/lawyer_assistance/ you’re protecting your physical health. resources/covid-19--mental-health-resources/. The ripple effect of your good mental health will benefit your family, friends, https://www.nami.org/getattachment/Press-Media/Press- and the clients you serve so faithfully. Releases/2020/COVID-19-and-Mental-Illness-NAMI-Releases- Importan/COVID-19-Updated-Guide-1.pdf?lang=en-US.
Resources for lawyers, including local resources, will continue to KYLAP’s 24-hour helpline, be posted on KYLAP’s website at www.kylap.org. Check it out. (502) 226-9373, remains open and available to provide you For those in recovery from alcohol or other drugs, when it is with telephone assistance and difficult or impossible to attend recovery meetings in person, resources, or you may call KYLAP you can attend meetings online at www.intherooms.com, Director Yvette Hourigan on her and at www.lionrockrecovery.com. You can participate by cell cell phone at (859) 221-0806. phone, iPad, laptop, or desktop computer. Please protect your sobriety during this difficult time.
ISTANCE P SS RO you can now support the A G R R E A Y M
W kylapfoundation, inc., F A O
L
U
Y N K
through D C
A
U T
T
I
O
N
N E K
Contact KYLAP Director Yvette Visit amazon.com/smile, Hourigan for more information select Kentucky Lawyer about the Kylap Foundation, Inc. Assistance Program Forgivable Loan Program. Call: (502) 226-9373 Foundation, Inc., and Email: [email protected] start shopping now!
50 | MAY/JUNE 2020 BENCH & BAR | 51 CONTINUING LEGAL EDUCATION
SupremeSupreme CourtCourt orderorder givesgives attorneysattorneys moremore timetime toto completecomplete continuingcontinuing legallegal educationeducation forfor 2019-20202019-2020 educationaleducational yearyear
With the COVID-19 emergency limiting the ability of attorneys to attend live continuing legal education programming, the Supreme Court has issued an order allowing more time to complete the required credits for the 2019-2020 educational year.
A 2018 amendment to the Supreme Court Rules allows attorneys to earn all CLE credits through non-live programming. However, the Supreme Court recognizes that many attorneys prefer live programs and it may be challenging to find free or low-cost non- live programming in 2020. Accordingly, to avoid uncertainty and financial hardship, Supreme Court Administrative Order 2020-31 does the following: • Moves the 2019-20 CLE deadline • Moves the 2019-20 CLE reporting to June 30, 2021, when 24 credits, deadline for credits timely earned including 4 ethics credits, must be to August 10, 2021. completed and certified. ou ha e The Order has been included on the following page. more �me 52 | MAY/JUNE 2020
Supreme Court of Kentucky Supreme Court of Kentucky 2020-31 2020 - 15 AMENDED ORDER ORDER IN RE: DEADLINE FOR REPORTING CONTINUING LEGAL IN RE: EDUCATIONDEADLINE FOR ACTIVITIES REPORTING CONTINUING LEGAL EDUCATION ACTIVITIES On March 6, 2020, Governor Beshear entered Executive Order 2020-215 and declaredOn March a State 6, 2020, of Emergency Governor inBeshear response entered to the Executive novel coronavirus Order 2020 -215 (COVID-19)and declared emergency a State of inEmergency the Commonwealth. in response To to stopthe novel the spread coronavirus of COVID-19, the(COVID Governor-19) emergency and public in health the Commonwealth. officials have encouraged To stop the Kentuckians spread of COVID to stay-19, home,the Governor limit in-person and public contact, health practice officials social have encourageddistancing, andKentuckians avoid crowds. to stay In lighthome, of limit these in measures-person contact, and to protectpractice the social health distancing, and safety and of avoid court crowds. employees, In electedlight of officials,these measures and the and general to protect public, the the health Supreme and Courtsafety ofof Kentuckycourt employees, has enteredelected officials,several administrative and the general orders public, restricting the Supreme court Court services of Kentuckyand limiting has in- personentered proceedings. several administrative orders restricting court services and limiting in- person proceedings. Supreme Court Rule (SCR) 3.645(1) requires every person licensed to practice Supreme law in theCourt Commonwealth Rule (SCR) 6.645(1) to complete requires and everycertify person a minimum licensed of to12 creditpractice hours, law in including the Commonwealth 2 credit hours to completededicated and to ethics, certify ina minimumcontinuing of legal 12 educationcredit hours (CLE), including activities 2 creditby June hours 30 ofdedicated each year. to ethics,The current in continuing COVID-19 legal emergencyeducation (CLE) limits activities the ability by of June attorneys 30 of eachto attend year. live The CLE current programming. COVID-19 Althoughemergency the limits Supreme the ability Court of Rules attorneys were toamended attend livein 2018 CLE toprogramming. allow all CLE creditsAlthough to tbehe earned Supreme through Court non-liveRules were programming, amended in many 2018 attorneysto allow all either CLE prefercredits live to beprograms earned throughor belong non to -alive local programming or national ,organization many attorneys that either has had toprefer postpone live programs or cancel or its belong annual to conferencea local or national or live CLE organization programming that hasfor 2020. had Additionally,to postpone or finding cancel free its annualor low-cost conference on-demand or live programming CLE programming can be for 2020. challenging,Additionally, leadingfinding tofree uncertainty or low-cost and on -feardemand of financial programming hardship can regarding be the CLEchallenging requirement, leading for tothe uncertainty 2019-2020 and educational fear of financial year. hardship regarding the CLE requirement for the 2019-2020 educational year. Accordingly, to provide more flexibility to Kentucky attorneys during the COVID-19 Accordingly, emergency, to provide the Supreme more flexibility Court hereby to Kentucky ORDERS attorneys under Section during 116the ofCOVID the Kentucky-19 emergency Constitution, the Supreme that the Court 2019-2020 hereby CLEORDERS deadline under under Section SCR 116 p3.645(1)ofractice the Kentucky lawis moved in the Constitution toCommonwealth June 30, that 2021, the must at 2019 which complete-2020 time CLE andevery deadlinecertify person 24 under licensedCLE credits,SCR to 4 ofpractice 6.645(1) which lawmustis moved in bethe ethics. toCommonwealth June The 30, reporting 2021, must at deadlinewhich complete time under andevery SCRcertify person 3.645(2) 24 licensedCLE for credits, the to 4 combinedof which must 2019 be-2020 ethics. and The 2020 reporting-2021 educational deadline under years SCR shall 3.645(2) be August for the10, 2021.combined 2019-2020 and 2020-2021 educational years shall be August 10, 2021. Entered this 30th day of April 2020. Entered this 30th day of April 2020.
______CHIEF______JUSTICE CHIEF JUSTICE All sitting; all concur. All sitting; all concur. BENCH & BAR | 53
CONTINUING LEGAL EDUCATION
2019-2020 CLE COMMISSION MEMBERS Jason F. Darnall, Chair Graham C. Trimble LaToi D. Mayo Leigh Gross Latherow First District Representative Third District Representative Fifth District Representative Seventh District Representative [email protected] [email protected] [email protected] [email protected]
Frank Hampton Moore III Eric M. Weihe David B. Sloan Justice Laurance Second District Representative Fourth District Representative Sixth District Representative B. VanMeter [email protected] [email protected] [email protected] Supreme Court Liaison Front row from left to right: Leigh Gross Latherow, 7th Supreme Court District (SCD); Jason F. Darnall, chair, 1st SCD; LaToi D. Mayo, 5th SCD; Terri Marksbury, CLE Staff; Frank Hampton Moore III, nd2 SCD; Mary Beth Cutter, Director for CLE. Back row from left to right: Graham C. Trimble, 3rd SCD; Justice Laurance B. VanMeter, Supreme Court Liaison; David B. Sloan, 6th SCD; and Eric M. Weihe, 4th SCD. Interested in assisting with a CLE? Have ideas for a program? Contact Mary Beth Cutter, KBA Director for CLE at [email protected], or any member of the Continuing Legal Education Commission.
M R O R C L D RS!
The Kentucky Bar Association proudly presents the Kentucky Law Update in nine locations this fall. This program offers every KBA member, in good standing, the opportunity to earn the annual LOOKING CLE required 12.0 credits, including 2.0 ethics credits, at no cost. Registration will become available on our website this summer FOR UPCOMING and the registration brochure will be mailed in early July. KBA ACCREDITED OWENSBORO PADUCAH LOUISVILLE Owensboro Julian Carroll KY International CLE EVENTS? Convention Center Convention Center Convention Center Look no further...Check out AUGUST 27-28 (TH/F) SEPTEMBER 24-25 (TH/F) OCTOBER 29-30 (TH/F)
COVINGTON BOWLING GREEN LONDON www.kybar.org/ Northern Kentucky Sloan Convention Center London Convention Center SEPTEMBER 30-OCT. 1 (W/TH) Community Center accreditedcleevents SEPTEMBER 2-3 (W/TH) NOVEMBER 5-6 (TH/F) PIKEVILLE ASHLAND Appalachian LEXINGTON Delta Marriott Downtown Wireless Arena Central Bank Center SEPTEMBER 10-11 (TH/F) OCTOBER 8-9 (TH/F) DECEMBER 1-2 (T/W)
We look forward to seeing you in the fall!
54 | MAY/JUNE 2020 Submitting CLE Credits Online 1 VISIT www.kybar.org SELECT CLE 2
SIGN IN TO YOUR 3 Member CLE Portal
SELECT Submit New Credits CLE CREDITS 4 Submit New Credits
CLICK ON THE Program BOX AND TYPE IN THE Activity Number. 5 Wait for the system to locate the program and for the field to populate. CLICK ON THE BOX TO SELECT THAT PROGRAM.
CLICK Next. 6
CLICK “Total CLE” AND ENTER THE AMOUNT OF CREDITS EARNED. 7 REPEAT FOR “Ethics” TO ENTER THE ETHICS CREDITS EARNED.
TYPE YOUR name as your certification AND signature. 8
9 CLICK Next.
YOUR CREDIT HAS NOW BEEN ADDED AND WILL APPEAR ON YOUR TRANSCRIPT. 10
BENCH & BAR | 55 IN MEMORIAM
LOWELL F. SCHECHTER, a teacher at Northern Ken- tucky University’s Chase College of Law for 30 years, s a final tribute, theBench & Bar publishes brief memorials died December 26, 2019. He was 74. recognizing KBA members in good standing as space permits A and at the discretion of the editors. Please submit either writ- Prof. Schechter taught Family Law, Constitutional Law, and Juvenile Law, among other subjects. He was ten information or a copy of an obituary that has been published in a also associate dean for student affairs from 1985 to newspaper. Submissions may be edited for space. Memorials should 1992 and from 1995 to 2001. be sent to [email protected]. Prof. Schechter served as a director of the Children’s NAME CITY STATE DATE DECEASED Law Center in Covington, and helped to initiate the Katherine R. Bruenderman Newport KY February 28, 2020 Chase Children’s Law Center Clinic and the Chase Brittany Buchanan Versailles KY February 10, 2020 Public Interest group, which helps students finan- cially who serve in otherwise unpaid public-interest James Russell Lloyd Louisville KY February 23, 2020 internships. He also worked with NKU’s Department Matthew Robb Walter Danville KY February 17, 2020 of Social Work to create a program to help homeless Hunter B. Whitesell Fulton KY March 29, 2019 children in northern Kentucky.
Professor Schechter was born in New York City in RICHARD G. SEGAL , died Sunday, Jan. 5, 2020. He was born in Philadelphia 1945. He earned a B.A. from New York University in to Jacob and Irene Segal on Dec. 9, 1937. Richard is survived by his wife of 57 1965, and his J.D. from Harvard in 1969. He engaged years, Marsha Segal; his sons, Dr. James E. Segal (Caroline Lussky) and Brian E. in a course of teaching and graduate study in England Segal (Christon) and their children Dalton Segal, Caroline Courtenay, William from 1970 to 1973, and taught at Duquesne Univer- Courtenay, Andrew Segal and Jack Segal. He was preceded in death by his sisters, sity and at the University of Vermont before coming Edith and Charlotte and their spouses; his parents, and his grandson, Colin Alex- to Chase. ander Segal. Segal was a graduate of Franklin & Marshall College and University of Pennsylvania Law School. He was a member of the Pennsylvania, Kentucky Upon his retirement in 2011, he was given the and Indiana Bar associations and had recently retired. He was a partner in the inaugural Chase Public Service Award for faculty law firm of Segal & Shanks and most recently finished his career at the firm of members. Prof. Schechter’s curriculum and teaching Lynch, Cox, Gilman and Goodman. Segal had a great wit and enjoyed sharing technique helped his students’ understanding in the stories from his many interesting trials, many being hilarious. He was a member era of great change in the world of Family Law. of Standard Country Club, the Masons and a proud Kentucky Colonel. He was devout in his beliefs and was a member of The Temple. He is survived by his wife Judy, two children and four grandchildren. The preceding memoriam for Richard G. Segal is based upon information obtained from The Courier-Journal, which published the obituary from Jan. 6 to Jan. 8, 2020. To access -- James P. Dady, from an article from the Chase alumni the obituary in its entirety, visit: https://www.legacy.com/obituaries/louisville/obituary. magazine, and with assistance from Carol Bredemeyer, Chase aspx?n=richard-g-segal&pid=194931359&fhid=7131. Professor of Law Library Services.
56 | MAY/JUNE 2020 WILLIAM R. (BILL) JONES, dean at Chase Law School from 1985 to 1990, and who taught at the school for 34 years, died March 23, 2020, at 97. He resided at the time of his death in Cold Spring.
As Chase Dean, Prof. Jones helped Chase relocate from temporary quarters in Park Hills to its permanent home on the campus of Northern Kentucky University in Highland Heights. He also helped Chase win admission to the American Association of Law Schools.
Prof. Jones wrote two books on criminal procedure in Kentucky, and taught Criminal Law J. RUSSELL LLOYD, Louisville, passed and Criminal Procedure, as well as Contracts, Evidence, Professional Responsibility, Elder away Feb. 23, 2020, following a battle with Law, and Remedies. He taught at Chase until the age of 91. brain cancer. He is survived by his wife, Vicki (Victoria) and daughter, Laine; his He also taught at Indiana University School of Law-Indianapolis and at Nova Southeastern parents, Dr. John and Frances Lloyd; sister, University Center for the Study of Law in Fort Lauderdale, Fla. Prof. Jones also served as Rebecca Lloyd (David Forestieri); sisters a guest lecturer at Queen Mary College of the University of London, at Chulalongkorn in-law, Ellen Hesen Johnson and Nancy University in Bangkok, Thailand, and at Kagawa University, Takamatsu, Japan. Klein (Ron Anderson); nephews and niece, Davis Klein, Ron Jr., Rebecca, and Brian Prof. Jones served on numerous committees of the American Bar Association, the Associ- Johnson; a covey of cousins in Texas and ation of American Law Schools, and the Law School Admissions Council. western Kentucky, and his yellow lab, Fitz. He is preceded in death by his in-laws, He was a member of the Kentucky Public Advocacy Commission from 1982-85 and from Webb and Elaine Hesen and Ron John- 1997-2000. He served as its chairman from 1986-93, and received the Public Advocate’s son. Russell was a member of SAE and Award for his years of service in fostering a fair and reliable process for the criminally accused. alum of Ballard High School, Washington University in St. Louis and the University An Army veteran, Prof. Jones was born in Murphrysboro, Ill., in 1922. He earned a B.S. of Louisville Louis D. Brandeis School of from the University of Louisville, and his J.D. from the University of Kentucky, where Law. He loved being a lawyer and noth- he was elected to the Order of the Coif. He earned an L.L.M. from the University of ing energized him more than fighting for Michigan, where he was a Cook Fellow. a worthy cause. He was the chair of the local Democratic Party and fought tirelessly Prof. Jones is survived by his wife Betty Jo, four children, seven grandchildren, a stepson, for voter rights and democratic principles. and two great grandchildren. He was a member of the Bonnycastle and Hurstbourne Country Clubs. He loved his -- By James P. Dady, from information supplied by Chase Dean Judith Daar and from the website Cardinals, both Louisville and St. Louis, of the Alexandria Funeral Home. but he specially loved being a father, hus- band, son and brother. HARRY LEWIS RIGGS, JR. passed from us on Feb. 16, 2020, leaving a legacy of family, His obituary was published in The Couri- friends, unstoppable curiosity and good cheer. Always smiling, always friendly and always er-Journal from Feb. 26 to Feb. 27, 2020. helpful, he was a glass half full optimist. He lived to fly, and eventually practiced aviation law. Harry Lewis loved his HAM radio and the folks with whom he conversed on those The preceding memoriam for J. Russell Lloyd is airwaves. Harry Lewis was a graduate of Beechwood High School, Centre College, and the based upon information obtained from Legacy. University of Cincinnati law school. He was a veteran of the United States Navy, serving com, which published the obituary. To access the during the Korean War and was the Executive Officer on PCS 1384, a minesweeper named obituary in its entirety, visit: https://www. the USS Eufala. Harry passed the Kentucky bar in 1957 and began practicing with his legacy.com/obituaries/louisville/obituary. father. For years the firm was Riggs Riggs & Walker, located in Erlanger. He retired as a aspx?n=j-russell-lloyd&pid=195524908&f- member of Dinsmore & Shohl. He also excelled in his other passion, being a founding hid=29361. member of National Assn. of Flight Instructors and Traveling Aviation Seminars. Harry Lewis was a past president of the NTSB Bar Association and former chair of theory Counsel of the Experimental Aircraft Assn.
Harry leaves his loving wife Joanie (of 64 years!), daughter Holly Riggs Mueller, hus- band Don, and grandchildren Scott and Travis. His sister, Marilyn Riggs Turner, lives in Lexington.
Cousin Thomas L. Rouse
BENCH & BAR | 57 WHO, WHAT, WHEN & WHERE
Have an item for Who, What, When & Where? The Bench & Bar welcomes brief announcements about member placements, pro- motions, relocations and honors. Notices are printed at no cost and must be submitted in writing to: Managing Editor, Bench & Bar, 514 West Main Street, Frankfort, KY 40601 or by email to [email protected]. Digital photos must be a minimum of 300 dpi and two (2) inches tall from top of head to shoulders. There is a $10 fee per photograph appearing with announcements. Paid professional announcements are also available. Please make checks payable to the Kentucky Bar Association.
He received the Eagle Scout rank in 1948 in Gastonia, N.C. His Stites & Harbison, PLLC, is pleased to story of public service is featured in the Winter edition of the announce that attorney Steven Henderson has ABA Journal. been appointed chair of the firm’s construction service group. Henderson succeeds Bill Geisen, As of Jan. 1, 2020, Shawn C. Conley was who has served as the service group chair since named partner with the law firm, Porter, 2014. Geisen will continue his legal practice Banks, Baldwin and Shaw, PLLC, in Paints- in construction law and business litigation. ville, Ky. Conley focuses his practice in the area Henderson is a member (partner) of Stites & of civil litigation, including insurance defense, Harbison in the Louisville office. Henderson began his career medical malpractice defense and representation in the construction industry working as a civil engineer for the of numerous school boards throughout eastern Kentucky Transportation Cabinet prior to becoming an attor- Kentucky. Conley has first chair trial experience ney. Henderson’s practice is devoted to representing contractors, and has been involved in numerous trials throughout Eastern Ken- owners, and design professionals in all aspects of the construction tucky. Porter, Banks, Baldwin & Shaw, PLLC, has been providing and design process, ranging from drafting and negotiating various representation to insurance companies, self-insureds and profes- types of contracts to resolving complex disputes through informal sionals for more than 100 years. negotiation, mediation, arbitration, and litigation in state and fed- eral courts throughout the country. Stoll Keenon Ogden PLLC is pleased to announce it has entered a co-counsel arrange- Bruce Kleinschmidt was honored by the Ken- ment with Vickie Yates Brown Glisson, a tucky State Senate on March 12, 2020, World noted healthcare and health insurance attor- Kidney Day, for his advocacy regarding kidney ney. Glisson has extensive experience in the disease awareness. In 2019, he was selected by healthcare industry, having previously served as the American Association of Kidney Patients Secretary of the Kentucky Cabinet for Health to appear, along with a dialysis patient and a and Family Services, (2015 – 2018), and pres- transplant recipient, in an educational video ident and CEO of Nucleus: Kentucky’s Innovation Parks, LLC, about successfully living with kidney disease. (2008 – 2015), among many other leadership roles in the industry. Kleinschmidt is an opinion contributor for the Courier-Journal Glisson has chaired the Health Law Section of the American and was featured in a front-page article in the Courier-Journal Bar Association (ABA) and was recently selected to serve on the on April 8, 2020, in a piece dealing with chronic health issues and ABA Board of Governors and has served in other management COVID-19. Currently, he is taking online courses from Cornell capacities. Glisson served as an adjunct professor of law at the Uni- University to be certified in Diversity & Inclusion Leadership. versity of Louisville Brandeis School of Law from 2011 to 2015 Kleinschmidt devotes his practice to pro bono work in diversity, and was a frequent guest lecturer at the University of Louisville equity and inclusion matters. School of Business. Glisson earned her J.D. from the University of Kentucky’s J. David Rosenberg College of Law and served as a John Rosenberg, of counsel to Pillersdorf, DeRossett & Lane clerk for the Kentucky Supreme Court. Glisson graduated magna of Prestonsburg, was presented the Exceptional Eagle Scout cum laude from Georgetown College. Award, given by the Blue Grass Council, Boy Scouts of America.
58 | MAY/JUNE 2020 The regional law firm of Garvey Shearer Nordstrom, PSC, is as it actively focuses on further expanding its international practices pleased to announce that its partner, Jason E. Abeln, has been in corporate transactions and intellectual property, which serve U.S. promoted to equity shareholder in the firm. A Northern Kentucky companies doing business globally and international companies native, Abeln graduated from the University of Cincinnati, College conducting business in the U.S. He earned his law degree from of Law in 2005, where he served on Law Review. He graduated Northern Kentucky University Salmon P. Chase College of Law, from Thomas More College in 2002 with a B.A. in history. He has and he is licensed to practice in Kentucky and Tennessee. been with the firm since its inception in 2010. Abeln’s practice is concentrated in litigation, representing insurance companies and Adams, Stepner, Woltermann & Dusing, their insureds, as well as private individuals and companies. He has PLLC, is pleased to announce and extends its first chair trial experience and practices a variety of areas, includ- congratulations to Claire E. Parsons, member, ing construction defects, insurance coverage, intellectual property for receiving the Sharing Her Passion Award infringement, product liability, wrongful death, large losses, and civil from Ms. JD. Ms. JD is a national nonprofit appeals. He is a member of the Kentucky and Northern Kentucky organization dedicated to the success of women Bar associations and DRI. Abeln was a board member of the Cin- in law school and the legal profession. The cinnati Bar Association in 2013-2014 and also served in varying Sharing Her Passion Award is presented to board capacities of the Cincinnati Bar Association’s Young Lawyer’s a woman who has practiced for more than 10 years and who is Section from 2006 to 2014, culminating as chair of the section. inspiring younger women lawyers through sponsorship, mentorship, and sharing her passion for the practice. Parsons is currently the Stites & Harbison, PLLC, attorney Ashley W. president of Kentucky Defense Counsel, Inc., and the Kentucky Ward was inducted as a Fellow of the American School Board Association Council of School Attorneys and the College of Trial Lawyers (ACTL) on March 7, content and communications chair for MothersEsquire. She was 2020, at the annual meeting in Tucson, Ariz. a 2018 Writer Residence for Ms. JD and served as coordinator of ACTL is composed of preeminent members that program in 2019. She writes and speaks often on mindfulness, of the Trial Bar from the United States and wellness, leadership, and diversity to give back to the legal profes- Canada. Founded in 1950, ACTL is an invita- sion and to encourage and inspire young women lawyers. tion-only fellowship of exemplary trial lawyers from the U.S. and Canada. Fellowship is awarded to those who Stoll Keenon Ogden PLLC (SKO) is pleased demonstrate the highest standards of trial advocacy, ethical conduct, to announce that two of its attorneys have been integrity, professionalism and collegiality and have been in practice promoted to members of the firm after previ- for at least 15 years. Ward is a member (partner) of Stites & Har- ously serving as associates. Steven T. Clark and bison and based in the Lexington office. He serves as the co-leader Timothy R. Wiseman each work in different of the torts and insurance practice group. Ward focuses on product SKO offices and have their own practice areas. liability, personal injury, medical malpractice, telecommunications Steven T. Clark, Louisville, is a member in the and contractual disputes. labor, employment & employee benefits prac- tice. He represents employers in a wide variety McBrayer PLLC continues to expand and of workplace issues, including discrimination round out its Louisville office with the addi- claims, wage and hour disputes, compliance tion of new Member Bruce B. Paul. Paul comes and prevention. He acts as an advisor to clients to McBrayer from Stites & Harbison. He is a and provides effective representation when law- seasoned litigator who will be working with the suits and trials are necessary. Timothy “Tim” firm’s intellectual property group and in general R. Wiseman, Lexington, is a member in the litigation. He is dedicated to community ser- business litigation, business torts, bankruptcy & vice through his work on the board of directors financial restructuring, and tort, trial & insur- of Gilda’s Club Kentuckiana, a cancer support organization, and ance services practice groups. with the Norton Children’s Foundation. Paul is a 1995 graduate of Hanover College and a 2005 graduate of the University of Louisville The Greater Louisville Market of the March Louis D. Brandeis School of Law. He is admitted to practice law in of Dimes has appointed Stites & Harbison, Kentucky, Indiana and Virginia. PLLC, attorney Brian Bennett to its board of directors. The March of Dimes is a nonprofit Calfee, Halter and Griswold LLP announced dedicated to leading the fight for the health of that Larry K. Wilcher has joined the law all mothers and babies, through research and firm’s Cincinnati office in its commercial and innovation, education and programming, and public finance practice group and will support advocacy & support initiatives. Bennett was also Calfee’s Corporate and Capital Markets, Com- named the 2020 Event Chair for the Greater Louisville March pliance/Regulatory Services and Public for Babies, and the Bennett Family (including Bennett’s wife & Law practices as well. Wilcher joins the firm triplet sons) will also serve as the Ambassador Family. Bennett is a
BENCH & BAR | 59 WHO, WHAT, WHEN & WHERE
member (partner) of the firm in the creditors’ rights & bankruptcy contesting OSHA citations, navigating OSHA inspections, and service group based in Louisville. He is licensed to practice in advising and training employees in OSHA compliance. He also Kentucky and Indiana, and focuses on financial institutions, real advises owners, contractors, subcontractors, design professionals estate, and complex commercial litigation in state and federal and materials suppliers in all phases of the construction process, courts, in addition to banking and financial services compliance. including disputes and litigation. He is admitted to practice in Kentucky and Ohio. Wyatt, Tarrant & Combs, LLP, is pleased to announce that Emily Cowles has joined the O’Bryan, Brown & Toner, PLLC, is pleased to firm’s Lexington office as a partner. Cowles announce that Pete Pullen has joined the firm. concentrates her practice in creditors’ rights, all After working abroad and in the private sector, areas of finance and real estate law, civil litiga- Pullen obtained his J.D. from the University of tion, business and corporate law, employment Louisville School of Law. He is an experienced law, and equine law. Her work includes defense litigator and trial attorney that has successfully of lender liability issues and commercial litiga- practiced in all aspects of civil litigation includ- tion, residential and commercial real estate foreclosures, bankruptcy, ing through arbitration, jury trial, and appellate and overall banking and creditor enforcement matters throughout practice. He concentrates in the defense of personal injury and Kentucky. Cowles earned her B.A., cum laude from the University wrongful death claims regarding long-term nursing care/nursing of Kentucky and her J.D. from Capital University Law School. home litigation and compliance, auto and trucking litigation, prem- ises liability, and insurance and bad-faith law. Stites & Harbison, PLLC, welcomes attorney S. Kelly Gilliam back to the firm’s Louisville Wyatt is pleased to announce that Cindy Young office. He will rejoin the construction service has been named chair of the firm’s executive group and employment law service group as committee. Young, a senior partner at Wyatt, counsel. Gilliam’s practice focuses on Occupa- has previously served as a member of the firm’s tional Safety and Health (OSHA) compliance executive committee and as head of the firm’s and disputes. He represents employers in financial institutions service group. The firm’s
Why MRC? Need an EXPERT? • Proven track record • 20 years experience working with hundreds of attorney clients We can HELP. • Access to top medical experts • Over 180 different specialties When you are looking for a medical • New experts added frequently expert Medical Review Consulting is an ideal strategic partner. Other Services: • Case Screening by an MD or RN We connect you with the top-rated, • Timelines or chronologies board-certified experts who are in clinical practice. Each potential TESTIMONIAL expert is carefully screened by an “Gina is the very best at what she does.” experienced Registered Nurse — Joe Bill Campbell, Past-President so that you know what to expect Kentucky Bar Association before you engage. “ ”
Gina I. Rogers, RN, BSN, LNCC NO RISK If we can’t find an expert, YOUR STRATEGIC PARTNER we refund 100% of your fee. (270) 726-3211 www.medicalreviewconsulting.com
60 | MAY/JUNE 2020
WHO, WHAT, WHEN & WHERE
executive committee functions as a board of directors for the firm. The American Institute of Personal Injury Attorneys (AIOPIA) As chair, Young will work closely with the firm’s managing partner, recognized the performance of attorney David Fessler as 2020 10 Franklin Jelsma, on matters related to strategic direction and gover- Best Personal Injury Attorneys for Client Satisfaction. Attorneys nance. She is the first woman to serve as chair of Wyatt’s Executive who are selected to the “10 Best” list must pass AIOPIA’s rigorous Committee. In her corporate & securities practice, Young advises selection process, which is based on client and/or peer nominations, clients in the banking, health care and manufacturing sectors, and thorough research, and AIOPIA’s independent evaluation. Selection serves as the leader of the firm’s financial institutions service area. criteria therefore focus on attorneys who demonstrate the highest Young received her law degree from the Brandeis School of Law standards of client satisfaction. at the University of Louisville, summa cum laude, where she was the valedictorian. Morgan Pottinger McGarvey announced today that Charlie Otten has been promoted Stites & Harbison, PLLC, recently elected to senior associate. Otten supports several of three members to the firm’s six-member man- the firm’s practice areas, including banking agement committee, replacing three attorneys and finance law, business law and litigation, who completed their terms of service. The employment and labor law, and real estate new committee members are attorneys Erika law. He serves on the Junior Achievement of Barnes, Carol Dan Browning and Richard Kentuckiana’s Young Professionals board and Wehrle. The new committee members will executive committee. He also completed Louisville’s Fund for the serve a two-year term. Stites & Harbison’s Arts NeXt Class in 2019. Otten graduated from the University of Chair and the Management Committee serve Kentucky College of Law and completed his undergraduate degree as the firm’s board of directors and are respon- at the University of South Carolina. He joined Morgan Pottinger sible for all matters relating to the management McGarvey in 2016. of the firm. Barnes is a member (partner) of the firm in the creditors’ rights & bankruptcy Taft welcomes Amanda Johnson as a litigation and business litigation service groups based in attorney in its Northern Kentucky office. With Nashville, Tenn. She represents creditors and experience in all phases of litigation, Johnson franchisors in bankruptcy cases nationwide. will focus primarily on white-collar criminal She also has experience representing creditors’ defense in her practice. She most recently served committees and Chapter 11 trustees. Barnes as an assistant county attorney for the Kenton handles complex commercial litigation matters County Attorney’s Office, where she prosecuted in state and federal courts. She frequently rep- misdemeanor crimes and child dependency, resents lenders in commercial foreclosures and neglect and abuse matters. Prior to that, Johnson gained valuable mortgage litigation. Barnes is certified as a spe- trial experience as a staff attorney for Legal Aid of the Bluegrass, cialist in Business Bankruptcy by the American where she handled cases related to domestic violence, family law, Board of Certification. Carol Dan Browning foreclosures, public benefits and housing law. Johnson earned her is a member (partner) of the firm in the torts J.D. from Northern Kentucky University Salmon P. Chase College & insurance practice service group based in Louisville. Brown- of Law and her bachelor’s degree in criminal justice from the Uni- ing serves as national or state counsel for multiple drug, medical versity of Cincinnati. She currently serves as the chairman of the device and product manufacturers and is involved in multi-district Northern Kentucky Bar Association’s Gateway Committee and as litigation pending in various federal district courts and in coordi- a member of the Salmon P. Chase American Inn of Court. nated litigation pending in state courts throughout Kentucky. She has tried cases to verdict for pharmaceutical, medical device and Wyatt, Tarrant & Combs, LLP, is pleased to product manufacturers in both federal and state court. In addition, announce that Seth Todd has joined the board she regularly defends companies in pharmaceutical pricing and of directors of the Louisville Parks Foundation. other civil actions brought by states Attorneys General. She is a The board is composed of community leaders Fellow of the American College of Trial Lawyers. Richard Wehrle and individuals who are passionate about Lou- is a member (partner) of the firm and chair of the trusts & estate isville’s parks, helping keep the city’s parks a planning group based in Lexington and Louisville. His practice destination for nature and recreation. Todd includes all aspects of trust and estate administration, handling concentrates his practice in the areas of estate complex litigation matters involving disputes with the federal and planning and estate and trust administration. A substantial portion state taxing authorities, controversies between fiduciaries and ben- of his practice is devoted to planning for individuals with special eficiaries, as well as domestic relations matters involving complex needs, which he conducts primarily from Wyatt’s affiliate office, trust planning. Wehrle’s practice also focuses on estate and gift tax Yussman Special Needs Law. Todd received his J.D. cum laude from planning, charitable giving, non-profit organizations, probate and University of Louisville Brandeis School of Law in 2018, and his fiduciary law. He is also a certified public accountant. undergraduate degree from the University of Kentucky.
62 | MAY/JUNE 2020 B&B MARKETPLACE
Stites & Harbison, PLLC, attorney Mike Risley has been named office executive member EN A for the Louisville office. He succeeds real estate and lending law attorney David Saffer, who has completed his term in the position. As the AR E ACE new office executive member, he will be active in the Louisville community on behalf of the SERVICES OFFERED firm and assist the chair in executing firm policy. Environmental law He will continue to serve as co-chair of the Ronald R.Van Stockum, Jr. appellate advocacy group, litigate on behalf of clients, and practice 502-568-6838 as a member (partner) of the firm. Risley has been with Stites & Harbison since 1983. [email protected] THIS IS AN ADVERTISEMENT. The Glenview Trust Company has hired Anuj Rastogi to serve as corporate counsel and chief Whistleblower/Qui Tams: fiduciary officer and Rebecca Martin to serve as Former federal prosecutor C. Dean Furman is available for a trust professional. Rastogi has over 20 years of consultation or representation in whistleblower/qui tam legal experience. His experience includes estate cases involving the false submission of billing claims to the planning, mergers and acquisitions, corporate government. and business law, real estate transactions and tax law. At Glenview Trust, Rastogi will concentrate Phone: (502) 245-8883 Facsimile: (502) 244-8383 his efforts on overseeing and managing a wide E-mail: [email protected] array of legal related matters. He will also serve THIS IS AN ADVERTISEMENT. as chief fiduciary officer, leading the fiduciary side of the business. Martin has over 18 years of FOR LEASE specialized experience in the areas of estate and tax planning, trust administration, business suc- Office Space for Lease cession, and charitable planning. She has broad Office one is approximately 15.8’ by 15.8’ and will lease for $900 knowledge in generating strategies that include per month. minimizing risk, while focusing on managing and efficiently transferring a client’s wealth. Rastogi and Martin Office two is approximately 14.6’ by 15.6xx’ and will lease for are both members of the Kentucky and Louisville Bar associations. $750 per month.
The offices are both located on the 6th floor. Office one isa corner office with views of the newly renovated courthouse. Office two has excellent window view from the 6th floor. There Jest Is For All by arnie glick is a community coffee/break room and a large conference room. Heat and electric. Photos of each office space is available upon request. For more information please contact Debbie Duncan or Austin Mehr at (859) 225-3731.
Professional Offices Professional offices near Fayette courthouses, old courthouse, 3 available - $500-$550 each includes conference room, kitchen, utilities, janitorial. (859) 253-9824. LET THIS SPACE DEADLINE FOR T E SE TEMBER 2020 R R E A G ST , 2020
C he rec te the u ort of our ert er ut the u c t on of n ert e ent oe not con t tute n en or e ent the entuck r oc t on.
BENCH & BAR | 63 B&B MARKETPLACE
Patents & MILLER Trademarks An Intellectual Property Law Firm
Near the USPTO in Alexandria, VA 703.402.9629 www.milleriplawfirm.com This is an advertisement.
JSE II COMPLEX BANKRUPTCY CASES PROSECUTING AND DEFENDING ADVERSARY PROCEEDINGS OVER 40 YEARS EXPERIENCE IN BANKRUPTCY LAW Joseph S. Elder II Barristers Hall 1009 S. Fourth Street Louisville, Ky. 40203 502-587-8444 • Fax 502-584-1826 [email protected] THIS IS AN ADVERTISEMENT
Handwriting Expert With forty-five years experience in KY courts I have now semi-retired to central Florida. I am continuing to accept cases requiring signature or handwriting examination. phone: 502-479-9200 email: [email protected] www. saslyter.com
64 | MAY/JUNE 2020