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Kentucky's Lawyer Leaders Kentucky’s Lawyer Leaders national_insurance.qxd 11/6/12 10:09 AM Page 1 NIA, EXCELLENCE IN SERVICE. With over $50,000,000 in group life and disability insurance plan benets paid to KBA members and their families since 1957, National Insurance Agency is proud to introduce New York Life Insurance Company as the new underwriter beginning July 1, 2012. UNDERWRITTEN BY NEW YORK LIFE INSURANCE COMPANY, 51 MADISON AVENUE, NEW YORK, NY ON POLICY FORMS GMR AND SIP-DI-1KY 777.)!)#/- s 0(/.% s 72, NIAI.COM CONTENTS_Nov.qxd 11/8/12 9:54 AM Page 1 This issue of the Kentucky Bar CONTENTS Association’s Bench & Bar was published in the month of November. Legal Tools for a Tough Economy Communications & Publications Committee Frances Catron Cadle, Chair, Lexington 9 Loss Mitigation After the Housing Crash: Paul Alley, Florence Elizabeth M. Bass, Lexington Navigating Through the Making Home Affordable Zachary M.A. Becker, Frankfort Program James P. Dady, Bellevue By Melissa J. Whalen Judith D. Fischer, Louisville Cathy W. Franck, Crestwood William R. Garmer, Lexington 15 Forging Foreclosure Fairness for Communities P. Franklin Heaberlin, Prestonsburg By Ben Carter Judith B. Hoge, Louisville Bernadette Z. Leveridge, Jamestown Theodore T. Myre, Jr., Louisville 19 Defending Credit Card Collection Lawsuits Eileen M. O’Brien, Lexington By Loren VanDyke Wolff Richard M. Rawdon, Jr., Georgetown Sandra J. Reeves, Corbin E.P. Barlow Ropp, Glasgow 23 Consumer Financial Protection Bureau Activity R. Kelley Rosenbaum, Lexington in 2012 and Beyond Gerald R. Toner, Louisville By Jeffrey W. Kibbey Sadhna True, Lexington Michele M. Whittington, Frankfort Columns Publisher John D. Meyers 3 President’s Page By W. Douglas Myers Editor Frances Catron Cadle 7 YLD By Jackie Sue Wright Managing Editor 28 Shop Talk By Michael Losavio Shannon H. Roberts 30 Effective Legal Writing By Kristin J. Hazelwood Layout David Kaplan • [email protected] Items of Interest The Bench & Bar (ISSN-1521-6497) is published bi-monthly by the Kentucky Bar Association, 514 West Main Street, Frankfort, 2 Highlights from the 2012 Fall Swearing In KY 40601-1812. Periodicals Postage paid at 4 2013 Call for Nominations for Distinguished Service Awards Frankfort, KY and additional mailing offices. All manuscripts for publication should be 6 Kentucky’s Lawyer Leaders sent to the Managing Editor. Permission is 17 Kentucky Unemployment Bridge Program granted for reproduction with credit. Publication of any article or statement is not 27 Judicial Conduct Commission to be deemed an endorsement of the views expressed therein by the Kentucky Bar 32 Kentucky Bar Foundation Salutes All Fellows Association. 35 Order Amending Rules of Criminal Procedure, Rules of Subscription Price: $20 per year. Members subscription is included in annual dues and is Civil Procedure, and Family Court Rules of Procedure and Practice not less than 50% of the lowest subscription 46 Kentucky Bar News price paid by subscribers. For more informa- tion, call 502-564-3795. 53 KYLAP News POSTMASTER 55 Who, What, When & Where Send address changes to: 61 CLE Bench & Bar Cover Photo by John S. Hockensmith. Inside graphics provided by iStockphoto.com. 514 West Main Street Editor’s Note: Several of Kentucky’s Lawyer Leaders Frankfort, KY 40601-1812 are featured on the cover; for more information, please see page 6. Swearing-In: Congratulations to our newest members of the KBA! New attorneys received their oaths of office, Friday, October 19, in the courtroom for the Supreme Court of Kentucky in the state Capitol in Frankfort. The KBA hosted a reception in honor of our newest members, their families and friends at the Ky. Bar Center. A total of 276 new attorneys were recommended for admittance to the practice of law following the July 2012 bar examination. Julia Taylor is joined for her swearing-in ceremony by her brother and KBA member Willis Taylor. Both Taylors are natives of Frankfort and currently reside in Louisville. New attorneys prepare to enter the Supreme Court of Kentucky cham- bers for swearing-in ceremonies held in the state Capitol in Frankfort. Andrew Leung, second from left, celebrates his new KBA membership with his mother, Mary Yeung, far left, father Anthony Leung and aunt Sabina Chan, all of Louisville, at the Kentucky Bar Center reception following swearing-in ceremonies. From left, Wes and Cindy Napper of Taylorsville attend swearing-in ceremonies for Brittany Schott of Lexington along with Adam Schott, also of Lexington, and Rick Napper of Hanover, Ind. Allison Hartley, far left, is introduced to the Court by her mother, New attorneys line the bench for swearing-in ceremonies held Marilyn Fowler Hartley, brother Christopher Hartley and sister-in-law October 19 in the Supreme Court of Kentucky chambers. Colleen Hartley, all of Louisville. 2 Bench & Bar November 2012 president_Nov12.qxd 11/13/12 2:10 PM Page 3 PRESIDENT’S PAGE YOU ARE YOUR BROTHER’S — AND SISTER’S — KEEPER Doug Myers personally knew five lawyers who, in likely than the number two occupation it is critical to acknowledge the danger Ithe last several months, have in the study. A research study of 801 signals for depression when they occur. committed suicide. Three were friends lawyers in the state of Washington So what do we do about this? If you of mine. It is difficult to understand or found that 19 percent suffered from think you are depressed, you probably give meaning to even a single suicide, depression. are. Seek medical help. Depression is a much less five in such a short period of A quality of life surveyed by the health problem, not a character flaw. We time. North Carolina Bar Association in 1991 should neither be ashamed nor afraid to The statistics about lawyers’ revealed that almost 26 percent of the seek treatment. When treated medically, substance abuse, depression and suicide responding lawyers exhibited symptoms with counseling, and sometimes with rates are startling. The numbers speak of clinical depression, and almost 12 both, depression can usually be resolved for themselves: percent said that they had contemplated or successfully managed. When • 15 to 18 percent of lawyers will suicide at least once a month. untreated, it can kill you. have substance abuse problems as Women lawyers are not immune. In Lanny Burman, executive director of compared with 10 percent of the fact, women attempt suicide at least the American Association of general population as a whole. twice as often as men. Men, however, Suicidology, listed these warnings signs • The latest estimates are that 20 are “successful” four times more than of impending suicide: percent of lawyers who have women. practiced one to 20 years are Substance abusers are 10 times more • Thoughts of suicide. alcoholic, and 25 percent of lawyers likely to commit suicide than the • Increased or excessive use of drugs who have practiced 20 years or general population. or alcohol. more are alcoholic. Why are lawyers more prone than • Feelings of hopelessness. • More than one-third of lawyers say others to suicide? Psychologist Lynn • Feeling a loss of purpose. that they are dissatisfied and would Johnson identifies two personality traits • Feeling trapped. choose another profession if they of many lawyers that may contribute, • Withdrawing from usual activities could. perfectionism and pessimism. and from loved ones. • Lawyers have the highest rates of Perfectionism is what drives us, • Unusual behavior, including depression and suicide among any whether it is to succeed or to avoid reckless behavior. profession. failure. Unfortunately, perfectionists are • A dramatic mood change. A 1997 Canadian study shows that more vulnerable to anxiety and suicide is the third leading cause of depression, harder to treat, and more death among lawyers. Only cancer and likely to commit suicide when things KBA 2013 heart problems rank higher. The suicide are going wrong. rate for lawyers as ascertained in this Pessimism helps us to excel. It Annual Convention study is 69 deaths per 100,000 causes our skepticism in dealing with population, nearly six times the suicide our clients, witnesses, opposing counsel, June 19-21 rate for the general population. and judges. We learn to anticipate and Statistically, most at risk are lawyers prepare for the worst of everything that and judges aged 48 to 65. can go wrong. This leads to stress and Galt House Hotel A study at Johns Hopkins University makes us more vulnerable to found that of 104 occupations studied, depression. Louisville, Ky lawyers were the most likely to suffer Lawyers are exposed to extreme depression, and were 3.6 times more stress. There is such pressure on us that November 2012 Bench & Bar 3 president_Nov12.qxd 11/5/12 2:57 PM Page 4 • Signs of anxiety including panic, Our Kentucky Lawyers Assistance • If you do not know, ask if the insomnia, and agitation. Program, headed by Yvette Hourigan, person is feeling suicidal. It will • Excessive anger or rage. deals not only with alcohol and give them permission to talk about substance abuse, but with depression. In it. We must each be on the watch for fact, KYLAP has now established a • If the person is feeling suicidal, ask these warning signs, in ourselves or in depression support program in if he/she has a plan. This will give our peers. Louisville, see page 53 for more details you an indication of how No lawyer in Kentucky is unfamiliar on the program. immediate the crisis may be. Get a with lawyers’ suicide, its awful We must take on a responsibility for commitment from the person that consequences and the devastating our peers. he/she will not take any action until effects on those left behind. We each A threat of suicide is very serious. he/she has talked with you.
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