Volume 75 Number 5 September 2011

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WWW.NIAI.COM r PHONE: 502 425-3232 r W R L @ NIAI .COM This issue of the Kentucky Bar CONTENTS Association’s Bench & Bar was published in the month of September. Communications & Lawyers Helping Lawyers Publications Committee Frances E. Catron, Chair, Lexington Paul Alley, Florence 8 Unwell Elizabeth M. Bass, Lexington By Gayle B. McGrath Sandra A. Bolin, Berea Christopher S. Burnside, Louisville James P. Dady, Bellevue 12 Beyond Chemical Dependency: Stress, Depression, Alexander F. Edmondson, Covington Dementia, and the “Addictions without Substance” Judith D. Fischer, Louisville Cathy W. Franck, Crestwood By Dr. Eric Y. Drogin and Dr. Curtis L. Barrett William R. Garmer, Lexington P. Franklin Heaberlin, Prestonsburg Judith B. Hoge, Louisville 16 Chasing Bernadette Z. Leveridge, Jamestown By Yvette Hourigan Christy J. Love, London Theodore T. Myre, Jr., Louisville Eileen M. O’Brien, Lexington 21 Book Review: Point Made: How to Write Like the Richard M. Rawdon, Jr., Georgetown Nation’s Top Advocates Sandra J. Reeves, Corbin E.P. Barlow Ropp, Glasgow By Judith D. Fischer R. Kelley Rosenbaum, Lexington Candace J. Smith, Covington 22 The Law is Still Found in Books Gerald R. Toner, Louisville Sadhna True, Lexington By Taylor Holbrook Katherine Kerns Vesely, Louisville Michele M. Whittington, Frankfort Publisher John D. Meyers Editor Columns Frances E. Catron Managing Editor 3 President’s Page By Maggie Keane Shannon H. Roberts Layout 7 YLS By Rebekkah Bravo Rechter David Kaplan • [email protected] The Bench & Bar (ISSN-1521-6497) is 24 Effective Legal Writing By Donald K. Kazee published bi-monthly by the Kentucky Bar Association, 514 West Main Street, Frankfort, KY 40601-1812. Periodicals Postage paid at Frankfort, KY and additional mailing offices. All manuscripts for publication should be sent to the Managing Editor. Permission is granted for reproduction with credit. Items of Interest Publication of any article or statement is not to be deemed an endorsement of the views 4 2012 Distinguished Service Award Call for Nominations expressed therein by the Kentucky Bar Association. 23 American Bar Association Committee Appointments 2011-2012 Subscription Price: $20 per year. Members subscription is included in annual dues and is 26 Kentucky Bar News not less than 50% of the lowest subscription price paid by subscribers. For more informa- 30 Upcoming ProBono Events tion, call 502-564-3795. POSTMASTER 31 Kentucky Bar Foundation Salutes All Fellows Send address changes to: 34 Who, What, When & Where Bench & Bar 514 West Main Street 43 CLE Frankfort, KY 40601-1812 Cover photo by iStockphoto® >ÜÞiÀÃÊ ÕÌÕ>Ê՘`iÀÃÌ>˜`ÃÊޜÕÀÊLÕȘiÃð "Ì iÀÊVœ“«>˜ˆiÃʍÕÃÌÊÜ>˜ÌÊޜÕÀÊLÕȘiÃðÊ

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PRESIDENT’S PAGE

HONORING OUR PAST WHILE PREPARING FOR OUR FUTURE

Maggie Keane y the time this article is published, affirmation: I do solemnly sent or accepted a challenge Bthose who “sat for the Bar” on July swear (or affirm, as the case to fight a duel with deadly 26 and 27, 2011, will be anxiously may be) that I will support the weapons, nor have I acted as awaiting word to learn if they will be Constitution of the United second in carrying a challenge, admitted to practice law in the States and the Constitution of nor aided or assisted any Commonwealth of Kentucky. this Commonwealth and be person thus offending, so help Surprisingly, given today’s legal market, faithful and true to the me God. (Emphasis added). a record number of 481 persons sat for Commonwealth of Kentucky so the July Bar exam. long as I continue a citizen At first hearing, an oath which As with the practice of law, the Bar thereof, and that I will faithfully references dueling may seem curious. exam has changed over the years. Today execute, to the best of my Arguing that taking an oath is a solemn the majority of applicants for the Bar ability, the office of [attorney] occasion and the “no-dueling” oath take the exam utilizing computers according to law; and I do elicits snickers from those being sworn (approximately 80% this year) rather further solemnly swear (or in as well as the audience, distracting than the formerly mighty pen and paper. affirm) that since the adoption from the seriousness of the oath, a bill The use of computers by Bar applicants of the present Constitution, I, was introduced in the legislature in 2010, was first allowed in 2003, then limited being a citizen of this State, seeking a constitutional amendment to to the first 15 persons who applied to have not fought a duel with eliminate the “dueling” portion of the use their own laptops. deadly weapons within this oath we lawyers take. It was also argued When applicants pass the Bar, they State nor out of it, nor have I that the dueling oath only continued the will enjoy the once-in-a-lifetime thrill of being sworn into our profession in the Terms Expire on the KBA Board of Governors splendid courtroom of the Supreme On June 30 of each year, terms expire less than twenty (20) KBA members in Court of Kentucky, by a Justice from for seven of the fourteen Bar Governors good standing who are residents of the that Court. This year the swearing in on the KBA Board of Governors. SCR candidate’s Supreme Court District. will take place on Oct. 21, 2011. The 3.080 provides that notice of the Board policy provides that “No member historical oath administered to these expiration of the terms of the Bar of the Board of Governors or Inquiry new lawyers is the same as it has been Governors shall be carried in the Bench Commission, nor their respective firms, & Bar. SCR 3.080 also provides that a shall represent an attorney in a since at least 1850. Board member may serve three disciplinary matter.” Any such petition SCR 2.012 requires that any consecutive two-year terms. Re- must be received by the KBA Executive applicant to practice law “shall be quirements for being nominated to run Director at the Kentucky Bar Center in required to take the oath to support the for the Board of Governors are Frankfort prior to close of business on Constitutions of the United States and contained in Section 4 of the KBA By- the last business day in October. The Kentucky.” However, the current oath, Laws and the requirements include current terms of the following Board in place since the 1850 Constitution and filing a written petition signed by not members will expire on June 30, 2012: mandated by Section 228 of Kentucky’s 1st District 3rd District 6th District present Constitution adopted in 1891, Jonathan Freed M. Gail Wilson David V. Kramer Paducah Jamestown Crestview Hills goes further: 2nd District 4th District 7th District James D. Harris, Jr. Douglas C. Ballantine Bobby Rowe . . . [A]ll members of the bar, Bowling Green Louisville Prestonsburg before they enter upon the 5th District practice of their profession, Anita M. Britton Lexington shall take the following oath or

September 2011 Bench & Bar 3 false impression that Kentucky is and long disqualification from holding in Lexington. Your attendance and the “backwards.” The bill failed in the public office. However, dueling, formal hard work in particular of KBA legislature, so the lawyers’ oath remains and informal (fists, knives and teeth) President Bruce Davis and the as it has been since at least 1850. continued. The 1850 Constitution, Convention Chairs, Anne Chesnut and Considering dueling’s role in the seeking to stop the dueling, required that Mindy Barfield, as well as our volunteer history of Kentucky, perhaps this unique every elected official and member of the speakers and other convention oath (whether considered quaint or Bar take an oath that he had not fought committee members and the KBA staff, arcane) is a reaffirmation of our in a duel, issued a challenge, or served made the convention a resounding profession’s goals. Historians claim that as a second in a duel. That oath remains success. Please mark your calendars to dueling developed as a means for in the present Constitution, adopted in attend the 2012 Convention which will honorable upper class men to resolve 1891. The dueling stopped because be held in Louisville at The Galt House disputes. Rules of dueling developed, people (men) wanted to serve as elected Hotel on June 6-8, 2012. One of the making the events—even if deadly— officials and lawyers and, thus, the oath most moving events of our KBA gentlemanly. The Code Duello, seemed to have served its purpose. conventions is the memorial service developed by Irishmen in 1777, laid Regardless of your opinion of honoring those of our profession who down 26 rules of a civilized duel. whether the oath is out of date, let us all have died since our last convention. If Henry Clay (1770-1852), while welcome the new lawyers taking that you have never attended, it is an known as the Great Compromiser, oath in October and let us encourage opportunity (too rarely taken) to honor fought numerous duels, including fights them to honor our past and to better our our past—together—by celebrating the with other members of the Kentucky profession by focusing on the basics: lives of those in our profession who are legislature. John Rowan (1773-1843), adherence to the Rule of the Law and no longer with us. who built My Old Kentucky Home, later our government of laws, not men, became a Kentucky Court of Appeals civility, ethics, honor, a commitment to ENDNOTE Judge after being acquitted of the serve others, particularly those who lack 1. Dueling, in The Kentucky murder of his dueling opponent. Forty- access to the Courts of Justice, and the Encyclopedia, 272-273 (John one formal duels were fought by resolution of disputes in a courtroom Kleber ed., 3d ed 1992); J. Winston Kentuckians, the first occurring in 1790 rather than dueling, albeit honorably in Coleman, Jr., Famous Kentucky and the last in 1867.1 Formal dueling its day, in the town square. Duels: The Story of the Code of was outlawed by the Kentucky General On another note, thank you to those Honor in the Bluegrass State Assembly in 1799, which imposed a fine who attended the 2011 KBA Convention (Frankfort, Ky., 1953). Kentucky Bar Association 2012 Distinguished Service Awards Call for Nominations

The Kentucky Bar Association is accepting nominations for 2012 Distinguished Judge and Lawyer, Donated Legal Services and Bruce K. Davis Bar Service Awards. Nominations must be received by December 30, 2011. If you are aware of a Kentucky judge or lawyer who has provided exceptional service in these areas, please call (502) 564-3795 to request a nominating form or download it from our website at www.kybar.org by choosing “Inside KBA” and clicking on “Public Relations – Distinguished Service Awards.”

Distinguished Judge Award Distinguished Lawyer Award Awards may be given to any judge or lawyer who has distinguished himself or herself through a contribution of outstanding service to the legal profession. The selection process places special emphasis upon community, civic and/or charitable service, which brings honor to the profession.

Donated Legal Services Award Nominees for the Donated Legal Services Award must be members in good standing with the KBA and currently involved in pro bono work. The selection process places special emphasis on the nature of the legal services contributed and the amount of time involved in the provision of free legal services.

Bruce K. Davis Bar Service Award Many lawyers take time from their practices to provide personal, professional and financial support to the KBA. This award expresses the appreciation and respect for such dedicated professional service. All members of the KBA are eligible in any given year except for current officers and members of the Board of Governors.

4 Bench & Bar September 2011

Coming Soon... 2012

KBA Annual Convention June 6-8, 2012 Galt House Hotel Louisville, Kentucky

Photo Courtesy of Louisville Convention & Visitors Bureau By Rebekkah Bravo Rechter, Chair, KBA Young Lawyers Section

e all know its fun to stay at the court order. With these materials, and the YMCA’s KYA programs. There are WYMCA. But are you aware of the the assistance of students from several ways to do so. Attorneys willing extensive catalogue of enriching civic Kentucky’s law schools, high school to serve as judges for the KYA Judicial education programs that the YMCA participants research the applicable law Program are needed on November 21 offers to Kentucky’s youth? and prepare an appellate brief. The and December 5. Also, high school In 2000, the American Bar culmination of the program is, of teams attending the legislative program Association adopted a policy that course, an oral argument that is are in need of lawyers willing to encouraged “every lawyer to consider conducted in the Supreme Court periodically visit a team meeting and it part of his or her fundamental chambers in Frankfort. The arguments assist in their preparation. Finally, professional responsibility to further are presented both to a panel of student participants in all KYA programs must the public’s understanding of and justices, as well as a panel of Kentucky pay an entrance fee, in addition to confidence in the rule of law and the lawyers and judges. Additionally, travel, housing and meal expenses while American system of justice.” Several participants in the judicial program have in Frankfort. As there are schools years later, the ABA formally joined the honor of advising the attorney throughout the Commonwealth who the YMCA’s Youth in Government general of the constitutionality of bills simply do not have the resources to program to provide local opportunities passed in the legislative program. fund interested students, we urge you to that will allow lawyers to answer this While fostering an interest in the rule consider sponsoring a school or student call. Because of its long-standing of law and government, the KYA also to attend these invaluable programs. dedication to civic and law-related instills in its participants a respect for Please contact me at education, the Young Lawyers Section civic involvement and, perhaps more [email protected] for is proud to partner with the YMCA this importantly, civil and respectful debate. further information. bar year. Sam Leist, a Louisville native and KYA The YMCA of the USA is guided by Many of your fellow KBA members alum currently attending college in the simple motto that “democracy must cultivated their interest in the law Indiana, recognizes that his involvement be learned by each generation.” through participation in the YMCA’s in KYA shaped his future: “KYA helped Continuing with our public service Kentucky Youth Assembly programs. me to define who I am. I discovered my focus on law-related education, the The cornerstone of KYA is its love of law and politics, I realized my Young Lawyers Section is pleased to Legislative Program, which is the passion for social justice, and I was offer opportunities to educate the public largest youth legislature program in the inspired to go out into the world to help about the judicial system and to nation. Joining other high school others.” encourage respect for the rule of law. students from across the Commonwealth The Young Lawyers Section invites We hope that you will join us in this in our Frankfort Capitol, participants you to lend your expertise and time to initiative. serve as either representatives or senators to debate issues of statewide 2011-12 YLS EXECUTIVE COMMITTEE importance during a mock legislative Chair: Rebekkah Bravo Rechter session. Student representatives and Chair-Elect: Jacqueline S. Wright senators draft bills for consideration, Vice-Chair: Carl Frazier debate, speak on the open floor, and Secretary/Treasurer: Adrienne Godfrey Thakur answer questions from fellow delegates. District Representatives Other students participate as members of First: Jackie M. “Jay” Matheny, Jr. Fifth: Shawn D. Chapman Second: Cole Adams Maier Sixth: Matthew B. DeMarcus the media corps, parliamentarians, and Third: Adam Towe Seventh: Noah R. Friend bill authors. Fourth: Eric Weihe In addition to its legislative program, At-Large Representatives KYA also offers a judicial program, Roula Allouch Farrah D. Vaughn Katherine Paisley essentially a moot court experience. Robert M. Croft, Jr. Rachel Mulloy J. Andrew Johnson Participants are presented a file from a Kristin Logan Brad Sayles Lauren M. McElroy fictitious lower court case, including a Mary Ann Miranda Rebecca R. Schafer Susan C. Montalvo-Gesser Wes Harned complaint, answer, record, and trial

September 2011 Bench & Bar 7 LAWYERS HELPING LAWYERS

bipolar disorder II and explained that I probably was genetically predisposed to this type of mental illness. (I do have a relative who also is bipolar.) He further explained that the misdiagnosis of depression by my family doctor and the administration of an antidepressant, cou- pled with an incorrect change to a new antidepressant, triggered my fall into the more severe depression that I was experi- encing, along with my untreated hypomania. He started me on a cocktail of medications that would treat both my depression and the hypomania I was by Gayle B. McGrath For a couple of years prior to 2006 experiencing. My family doctor never — actually, I don’t remember how asked me about the things that turned out I’m not crazy, I’m just a little many — my family doctor had been to be my symptoms of hypomania: racing unwell. treating me for what he called mild thoughts, needing little or no sleep, fast I know, right now you can’t tell, depression, based on a couple of symp- speech, rage. By the time I saw my psy- But stay a while and maybe then toms I described to him. Through a chiatrist, though, I had done some you’ll see grave lapse in his treatment of me, I fell research and suspected that I was bipolar. A different side of me. into a severe real depression. What I read, however, did not give even I didn’t think of it as depression at a hint of what I was going to experience. I’m not crazy, I’m just a little the time. I thought my doctor had sim- I had all of the classic signs of attor- impaired. ply misprescribed my medicine and so I ney impairment. I had trouble at work. I I know, right now you don’t care. sought out a psychiatrist to get the med- stopped returning phone calls or I just But soon enough you’re gonna icine right. I was sure that was all I didn’t answer the phone. Clients would think of me needed – someone to just fix it. As it call my managing partner to complain And how I used to be …. turned out, before I could see the psy- that their work wasn’t getting done. If chiatrist that participated in my medical my managing partner asked me about a Unwell plan, I first had to see a therapist for client’s complaint, I would go into a fit Rob Thomas-Matchbox 20 “intake.” Of course, I didn’t believe I of rage and swear at him with every foul needed therapy, and I told him so point- word I could muster. hose words are the chorus to what blank. He told me that the doctor I was I didn’t open mail or e-mails. I was I consider to be my personal going to see would not treat me unless I getting into work around 11:00 a.m. T theme song. I have bipolar disor- also agreed to see a therapist. I didn’t because I wasn’t able to get out of bed der II, that type of bipolar disorder that know it then, but the two-pronged in the morning. Of course, by then, the is characterized by severe depression approach is the most effective in treat- voice mail was full and the phone mes- either alternating with or concurrent with ing depression, regardless of whether sages that weren’t in voice mail had hypomania. The depression can be debil- it’s an element of bipolar disorder. piled up. I was so overwhelmed by any itating. I know because it consumed me My psychiatrist diagnosed me with slightest demand, I would shut down. for several years of my life. In early 2006, it seemed like I had everything right. I was a partner in a Gary M. Weiss well-respected law firm, reputed by my Mediation peers to do good legal work and to be When it’s a question of persuasion... someone on whom they could rely. I Gary Weiss has a passion to come to the right result. had three children — all doing well in a Listed in Best Lawyers One of few mediators local private school. I had a husband in America; who maintains an Personal Injury who had his own career. The kids were active practice Legal Malpractice so he knows the involved in soccer, so I was the quintes- And now one of only eight present value of cases sential soccer mom. We went to church Kentucky lawyers named as a family; we got together with our for mediation/arbitration Principal Address Louisville extended families on holidays. We vaca- Tele: (502) 493-1394 E-mail: [email protected]@aol.com tioned with friends and their kids.

8 Bench & Bar September 2011 At noon, I went to lunch for a couple he described was perfectly clear to me. I drawn and “out of it” because I was of hours and then came back to work set out reading the rulings and called heavily drugged, even though I take the and stared out the window, unable to him at the end of the day. As I started to same drugs today. My feelings of concentrate. At the end of the day, usu- discuss what I found, he said, “Gayle, despair and helplessness and emptiness ally around 7:00 p.m. because I just what are you talking about? Those and fatigue and sadness and worthless- didn’t have the spirit to get out of my aren’t the rulings I gave you. They don’t ness were profound and hurt badly. Even chair, I stared down at my blank time have anything to do with the issue we though I was regularly going to therapy, sheet and tried to recall if there was discussed. Weren’t you listening? You I just didn’t see where I could ever be anything that I had done that day. need to get hold of yourself.” Somehow, better again. Thus, I was convinced the The life blood of my law firm, like and I cannot even begin to discern how, only way to escape those dark, debilitat- many, is the billable hour. My billable I pulled the wrong rulings — even ing feelings was suicide. All I really hours were horrible. Of course, that though I had his list – and spent the wanted was to be dead. If I could die, I invited comment from the firm’s man- entire day reading them. I broke down could escape the feelings and the pain. I agement. The stress of not generating sobbing and despite my colleague’s urg- obsessed about suicide. I had a plan billable hours and the feelings of ings to the contrary, I advised my right down to the detail of who would depression fed off of each other. Man- managing partner that afternoon that I find me after I died and I had everything agement and I decided I should take a wanted to withdraw from the law firm. I needed to carry out my plan. leave of absence and “get myself The blackness of depression I There has been a great deal of atten- together.” I took off four weeks and endured for those two years is indescrib- tion given to the impairments suffered started to feel better, so I went back to able. I had a constant dull pain in my by attorneys who abuse alcohol or work. However, as soon as I was back, chest. I dragged along when I walked, drugs. In fact, to maintain my Ohio the depressive behavior returned. I moving in slow motion. I couldn’t license, I must take substance abuse made mistakes in my work. I said things remember words and forgot things that education every 24 months. Equal atten- in client meetings I don’t remember people told me. I talked softly, which for tion is not given to depression and saying and that, according to my part- me, was not “normal.” I couldn’t make mental illness. Education about mental ners, didn’t make sense. I got confused the simplest decision. I had no affect, illness suffered by lawyers won’t satisfy as to the year in a meeting with a client never smiled or even grinned, had no Ohio’s substance abuse requirement, and consistently referred to an earlier interest in anything and looked deathly even though impairment is just as likely year in our discussions. When I had a ill. I sat at soccer games and never once to result. complete breakdown in the parking clapped for a goal or a good save. I hit According to a study conducted by garage of my office, management six cars because I wasn’t aware of what Johns Hopkins University in 1990i, decided that I should, once again, take a was around me. I cried. Over the course attorneys are almost four times more leave of absence. I was told that this of the two years I fought to keep practic- likely to suffer major depression than would be the last leave I could take. ing law, I lost nearly 100 pounds. those in any of the other 103 occupa- Of course, my return from my second Friends were convinced that I was with- tions examined in the study. The authors leave turned out to be just like the first. Most of the clients for whom I worked no longer wanted me to work on their files. I became even more depressed and more dysfunctional. My managing part- ner called my husband every time something bad happened to me at work to warn him that he needed to watch me. I’m sure that my managing partner was convinced that I was headed toward suicide because I was in such a down- ward spiral. The breaking point came in August 2008 when I was helping the partner with whom I had worked from the first day at my firm. We were close and complimented each other’s strengths. He had asked me to review some rul- ings that applied to ESOPs and gave me a list of the citations for the rulings. I was reputed in the law firm for my knowledge of ESOPs and so the issue

September 2011 Bench & Bar 9 suggested that at least three of the 104 tal illness. Mentally ill people are crazy is just the right thing for an attorney occupations, including practicing law, – right? Depression is a sign of weak- because it’s all about how to approach a should be examined for the extent to ness – right? A depressed person should situation). Personally, I’m rebounding. I which their environment is conducive to be able to just “snap out of it” with a don’t think about suicide anymore. depression. They went on to say: more positive attitude – right? Those Since I began treatment, I’ve had only statements are wrong. I thought of two outbursts of rage. I’m happier. I’m The major theory to explain why myself as weak because I couldn’t learning how to approach situations. occupations may cause depression is immediately overcome the grip the Miraculously, I’m able to confront the stress—the discrepancy between the depression had on me. I could not just stresses brought on by my three chil- demands of a situation and the capac- snap out of it. dren, ages 16, 18 and 21. That is a feat. ity of the individual or group to deal 2 Acceptance of the mental illness isn’t If you recognize some or all of the with it comfortably. the only hurdle. Having decided to take symptoms of depression I’ve described, Sound familiar? As has been sug- control of my mental health, I now must either in yourself or one of your col- gested, those attributes that drew us into decide how much to reveal about my leagues, it may be depression. Just as the legal profession are the same attrib- mental illness. For many, the stigma the Kentucky Lawyers Assistance Pro- utes that can make us susceptible to attached to mental illness is too much to gram can assist in substance abuse depression. accept. It’s scary, but worrying that situations that may lead to impairment, As my story demonstrates, depres- someone might find out is no reason to it can assist attorneys, judges and law sion can cause an attorney to be just as not get help. students in getting help to deal with impaired as can substance abuse – work As my theme song says, “I’m not depression, to escape the impairment it ignored, phone calls not returned, less crazy. I’m just a little impaired.” imposes on an attorney’s practice, a and less time at the office. The differ- Depression, with or without bipolar dis- judge’s court or a student’s studies. The ence is many attorneys (not all) are order, is an imbalance of the chemicals help KYLAP provides is completely more aware of and willing to admit that in the brain. Too much of this. Too little confidential. To get assistance, call they have a substance abuse problem of that. Medicine can bring the chemi- (502) 564-3795. (which may or may not be a form of cals back into balance. Therapy can help self-medicating the depression); not as the ill person learn how to manage the ENDNOTES many are willing to admit that they are illness with approaches such as cogni- 1. Occupations and the Prevalence of depressed – that they suffer from a men- tive behavioral therapy (which I believe Major Depressive Order, William W. Eaton, PhD, James C. Anthony, PhD, and Roberta Garrison, MA, Journal of Occupational Medicine, What your Law Firm 1990 Nov;32(11):1079-87 (“Johns Hopkins Study”). CouldSaveon 2. Johns Hopkins Study at 1086, quot- Legal Research Resources ing Mechanic D, Medical Sociology, A Comprehensive Text, Might Equal the Salaries of ed.2 New York, NY:The Free Several Associates! Press; 1978:231. Gayle McGrath Call us for an estimate! practiced 502-732-4617 employee bene- fits law for 22 years before she left her law firm. Following her departure, McGrath first took the time she needed to take to get her bipolar manageable. She is Only $34.95/Month currently pursuing a master’s degree Per Member in human resources. McGrath also substitute teaches at the school her children attended, and contributes www.LawReader.com to a blog entitled “Following Parkinson’s.”

10 Bench & Bar September 2011 LostLost in in the the shuffle? shuffle?

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ing tolerable boundaries, we can rely upon various strategies that include the following:

(1) remember who you are and stay true to your best qualities; (2) be careful with whom you do business; (3) find and use mentors; (4) do not “bite off more than you can chew;” (5) learn to say “no;” (6) do what you love, and take time out for you; and by Dr. Eric Y. Drogin and our clients really expect anything less (7) consult your lawyers assistance Dr. Curtis L. Barrett when it comes to zealous advocacy on program when problems threaten their behalf? to become overwhelming.10 “And in the end, it’s not the years in One influential critic described the your life that count. It’s the life in your cumulative effect of this system upon Depression years.” — Abraham Lincoln the practicing lawyer as follows: We have read with appreciation – and gratitude — the article in this issue But they feel it. The humans inside or decades, the primary focus of (“Unwell”) by our colleague Gayle B. the lawyers. Slowly but inexorably lawyer assistance programs was McGrath, who gets right to the heart of twisted by the adversarial life, chemical dependency1 – in partic- the matter in stating that “depression F parched by the barren legal land- ular, alcoholism. It was a perfectly can be debilitating.” This is a notion that scape, drained by failed expectations appropriate place to start. To question many persons, laypersons and clinicians all around. Carrying on, but carrying the urgency of that mission would alike, may fail to grasp, due to the mis- with them a dull, relentless ache. So reflect a profound ignorance of the conception that this condition represents many on the verge of sitting down, dreadful toll occasioned by this disease, merely the state of being “sad” or curling up, and collapsing in on in the law2 and in each and every one of “unhappy,” without the depressed per- themselves.5 its sister professions3. son taking the simple step of realizing Soon, however, it became apparent to Mental health professionals have long the limitations of everyday life and try- these programs that there was more to been aware of this phenomenon, extend- ing to make the best of them. lawyer impairment than those problems ing the notion of “litigation stress” or In its severest manifestations, depres- attributable to the ingestion of alcohol “litigation neurosis”6 from plaintiffs and sion can be every bit as incapacitating and other psychoactive substances. It defendants to the lawyers themselves, and as such psychotic disorders as Schizo- was time to branch out — supported by adding it to a broader category of “crito- phrenia and Schizoaffective Disorder, the appropriate interdisciplinary expert- genic harms”7 to which every participant rendering its victims unable to respond ise — into other lifestyle issues and in civil and criminal cases may eventually to life’s most basic demands. In addi- disease processes that might affect a become prey. This does not mean, how- tion, “about two thirds of all depressed lawyer’s “mental state, condition, or ever, that behavioral scientists view stress patients contemplate suicide, and 10 to impairment.”4 as a universally negative experience – 15 percent commit suicide.”11 Depres- particularly for those with complex tasks sion is both cognitively and biologically Stress to perform. For example, the time-hon- based, leaving its sufferers in need of far Should we really expect the practice ored “Yerkes-Dodson Law” establishes more than just an “attitude adjustment.” of law to be a stress-free experience? that a moderate degree of stress is a key A recent bar journal article recounts This is, after all, an adversarial system, factor in professional productivity.8 Emi- not only the basic symptoms of depres- in which one side typically strives with nent psychiatrist Joel Elkes is wont to sion, but also their specific ramifications all the resources at its disposal to pound describe life itself as a pathogen, noting for legal practitioners: the other into submission. Despite that after all “we die of living,” and that (1) depressed mood the majority of encouraging developments in “collabo- doctors must take all aspects of the the time; rative law” and “alternative dispute patient’s personal environment into (2) loss of interest in pleasure resolution,” this remains the most com- account in pursuit of “a truly comprehen- (lawyers may lose interest in mak- mon means by which the business of sive psychiatry of the future.”9 ing the effort needed to market lawyering is accomplished. Do any of When it appears that stress is exceed- their practices);

12 Bench & Bar September 2011 (3) significant weight loss or weight a number of such factors as genetic pre- It soon became apparent that counsel gain; disposition, cerebrovascular accidents, was convinced – despite our lengthy (4) significant increase or decrease in or chronic substance abuse.14 introductory explanations to the con- sleep; Some attorneys afflicted with dementia trary – that we were visiting in order to (5) psychomotor agitation or retarda- are capable of recognizing and acknowl- be interviewed by him, for employment tion (for example, an attorney edging its symptoms, and still possess the as lawyers in a firm that had been dis- unable to sit still during an indi- insight to wind down their practices solved many years earlier. vidual meeting with a client, or a accordingly. This is particularly true in Careful estate planning and well-doc- judge unable to express normal cases where the disability in question is umented, peer-reviewed plans for facial expressions and gesticula- the result of a series of strokes that have practice succession are critical preventive tions during a court proceeding); led to a “multi-infarct” or “vascular” measures against the potential for either (6) fatigue (judges or lawyers lacking dementia. More insidious – and often less gradual or sudden onset of dementia. the motivation to get out of bed to likely to be recognized and admitted by Should an evaluation prove necessary for deal with a normal work day); the patient – may be those cases in which a partner, associate, or other attorney col- (7) feelings of worthlessness or there is an “Alzheimer’s type” dementia league, a properly conducted clinical excessive guilt (attempts to sub- brought about by less transparent causes.15 examination will focus upon the potential due these feelings often take the We once participated as forensic presence of the following: form of excessive drinking, drug evaluators in a guardianship case in (1) short-term memory loss; use, or other types of addictions, which the examinee was a well- (2) communication problems; especially in attorneys); regarded attorney who had enjoyed (3) comprehension problems; (8) diminished ability to think or con- several decades of successful practice. (4) lack of mental flexibility; centrate (judges and lawyers alike Counsel greeted the evaluators in his (5) calculation problems; may notice difficulty in their abil- room at a long-term nursing care facil- (6) disorientation; ity to concentrate on their current ity, referring to this space as his (7) significant emotional distress; cases, clients, or research); and “office.” His license still hung on the (8) delusions; and (9) recurrent thoughts of death or sui- wall, and on the shelf next to his bed (9) hallucinations.16 cide.12 were a few superseded legal textbooks. Yes, the subject matter of what lawyers encounter in day-to-day prac- tice may be inherently depressing in nature, and no one likes to lose; how- ever, while the plights of clients and the frustration of career setbacks may exacerbate depression, these should not be confused for depression itself. This is a bona fide medical condition requir- ing specialized clinical care — not a situation calling for counsel merely to “snap out of it.” In particular, when thoughts of suicide surface, one should seek immediate emergency assistance.

Dementia Dementia involves “a generalized, pervasive deterioration of cognitive functions, such as memory, language, and executive functions, due to any of various causes.”13 It does not require an expert in courtroom procedure to perceive how this condition can inter- fere with the practice of law. Although dementia is commonly misunderstood to be an inevitable byproduct of aging, it is in fact a sepa- rate disease process that – while often associated with persons of advanced years – is actually attributable to any of

September 2011 Bench & Bar 13 “Addictions without Substance” Conclusion 6. Anne-Francoise Allaz et al., Use of This term was coined to identify State bar associations nationwide the Label “Litigation Neurosis” in those disorders that constitute behav- have expanded in scope to address the Patients with Somatoform Pain ioral addictions separate from chemical full range of behaviorally-related prob- Disorder, 20 GEN. HOSP. PSYCHIA- dependency.17 Compulsive gambling, lems that afflict their constituents. TRY 91 (1998); SARAH C. CHARLES sexual addiction, and other conditions Based upon our personal observations & PAUL R. FRISCH, ADVERSE fit within this description.18 As noted over the course of the last three EVENTS, STRESS, AND LITIGATION in a recent book chapter from a med- decades, the Kentucky Lawyers Assis- (2005); JOHN M. JAMES & W. ical text devoted to both tance Program has consistently been in EDWARD DAVIS, PHYSICIANS’SUR- “psychological and psychiatric per- the forefront of these innovations. We VIVAL GUIDE TO LITIGATION STRESS spectives” on a range of legally are immensely proud to be associated (2006). relevant topics: with these efforts and excited to see 7. Thomas G. Gutheil et al., Prevent- how future services to the legal profes- ing “Critogenic” Harms: While substance dependence sion will be developed. Minimizing Emotional Injury from involves the effect of an externally Please keep sight of the fact that Civil Litigation, 28 J. PSYCHIATRY introduced chemical agent, the whatever problems you may be facing, & L. 5 (2000). Addictions without Substance reflect there are experienced and empathic col- 8. Yaniv Hanoch & Oliver Vitouch, the effect of such natural stimuli as leagues who are ready and willing to When Less is More: Information, the action associated with wagering steer you toward the appropriate sup- Emotional Arousal and the Ecolog- or the release of endorphins trig- port. ical Reframing of the gered by sexual activity. Psychopharmacology is among the ENDNOTES most relevant areas of expertise in 1. Janice Selberg, Reading Guide to Eric Y. Drogin the former situation, while learning Issues in Lawyer Assistance Pro- received his J.D. theory is among the most relevant grams, 87 MICH. B.J. 50 (2008). degree from Vil- areas of expertise in the latter. At the 2. Nathaniel S. Currall, The Cirrhosis lanova present time, clinical lore and scien- of the Legal Profession – Alco- University and tific findings on the Addictions his Ph.D. in holism as an Ethical Violation or without Substance are in relative clinical psychol- Disease Within the Profession, 12 infancy when compared with those of ogy from GEO. J. LEGAL ETHICS 739 alcohol and other substance abuse. Hahnemann (1999). Practitioners who conduct forensic University upon completing a doc- 3. See SARAH ALLEN BENTON, UNDER- assessment of addictions will do well toral dissertation that addressed STANDING THE HIGH-FUNCTIONING to keep a weather eye out for this psychological consultation to the ALCOHOLIC: PROFESSIONAL VIEWS evidence.19 legal profession. Licensed both as AND PERSONAL INSIGHTS (2009); an attorney and as a psychologist, Such addictions can rob attorneys of LECLAIR BISSELL AND PAUL W. Dr. Drogin currently serves as a vol- their time, their finances, their physical HABERMAN, ALCOHOLISM IN THE unteer counselor for the Kentucky and mental health, and ultimately their PROFESSIONS (1984); Peter A. Man- Lawyers Assistance Program. His law practices. They are harder for sky, Issues in the Recovery of other professional roles include laypersons and clinicians alike to recog- Physicians from Addictive chair of the ABA’s Section of Sci- nize, due to what is typically an initial Illnesses, 70 PSYCHIATRIC Q. 107 ence & Technology Law, chair of the lack of physical sequelae or overt psy- (1999); DAVID F. O’CONNELL & ABA’s Behavioral & Neuroscience chological symptoms. DEBORAH BEVVINO, MANAGING Law Committee, and editor-in-chief These conditions are at least as YOUR RECOVERY FROM ADDICTION: of the Journal of Psychiatry & Law. resistant to treatment as any other form AGUIDE FOR EXECUTIVES, SENIOR He previously served as president of of addiction,20 complicated by the fact MANAGERS, AND OTHER PROFES- the American Board of Forensic that they tend to spring from what at SIONALS (2007). Psychology. Dr. Drogin serves on the less intrusive levels are often seen as 4. Jane H. Herrick, Misconduct, Men- faculties of the Harvard Medical socially acceptable – and, in the case of tal State, and Mitigation: The School, the Harvard Longwood Psy- gambling, sometimes state-subsidized – Developing of Mental State, Condi- chiatry Residency Training Program, forms of behavior. tion, or Impairment in Kentucky the University of New Hampshire School of Law, and the University of In addition to the support offered by Lawyer Discipline, 6 APPALACHIAN Wales (Prifysgol Aberystwyth). His the Kentucky Lawyers Assistance Pro- J.L. 31 (2006). multidisciplinary practice encom- gram, additional local resources include 5. JOSEPH MATTHEWS, THE LAWYER passes mental health law, expert the Kentucky Council on Problem Gam- WHO BLEW UP HIS DESK AND witness testimony, and trial consul- bling (www.kycpg.org, or OTHER TALES OF LEGAL MADNESS x tation. 800-GAMBLER). (1998).

14 Bench & Bar September 2011 Yerkes-Dodson Law, 14 THEORY & sion and Resistance to Treatment PSYCHOL. 427 (2004). among Lawyers and Judges, 88 9. Joel Elkes, Towards Footings of a MICH. B.J. 54 (2009). Science: Personal Beginnings in 13. APA DICTIONARY OF PSYCHOLOGY Psychopharmacology in the Forties 266 (Gary VandenBos ed., 2007). and Fifties, in THE RISE OF PSY- 14. AMERICAN PSYCHIATRIC ASSOCIA- CHOPHARMACOLOGY AND THE STORY TION, DIAGNOSTIC AND STATISTICAL OF CINP 15, 25 (Thomas A. Ban, MANUAL OF MENTAL DISORDERS David Healy, & Edward Shorter 147-71 (4th rev. ed. 2000). eds., 1998). 15. See Martin Kockler & Reinhard 10. Marianne M. Guelker, Stress Man- Hein, The Factor Structure in the agement for New Lawyers, Or “You Cognitive Battery of the Structured Can Do It!,” 21 UTAH B.J. 32 Interview for the Diagnosis of (2008). Dementia of the Alzheimer’s Type, 11. BENJAMIN J. SADOCK ET AL., SYNOP- Multi-Infarct Dementia, and SIS OF PSYCHIATRY 543 (10th ed. Dementias of other Etiology, 13 2007). INT’L PSYCHOGERIATRICS 311 12. Richard J. Kay & Nathan M. Com- (2001). erford, Help Me, I’m Depressed: A 16. ERIC Y. D ROGIN & CURTIS L. BAR- Look at the Definition of Depres- RETT, EVALUATION FOR GUARDIANSHIP 80-82 (2010). See also AMERICAN BAR ASSOCIATION Curtis L. Barrett COMMISSION ON LAW AND AGING & is a fellow of the AMERICAN PSYCHOLOGICAL ASSOCI- American ATION, ASSESSMENT OF OLDER Psychological ADULTS WITH DIMINISHED CAPAC- Association, a ITY: A HANDBOOK FOR LAWYERS fellow of the (2005). American Acad- 17. See Curtis L. Barrett & Eric Y. emy of Forensic Drogin, Gambling, Pathological Psychology, and Addiction without Substance, in 4 a founding fellow of the Academy of Cognitive Therapy. He serves on the ENCYCLOPEDIA OF CRIMINOLOGY faculty of the University of AND DEVIANT BEHAVIOR 344 Louisville School of Medicine as a (Charles E. Faupel & Paul M. professor emeritus of Psychiatry and Roman eds., 2000). Behavioral Sciences. Dr. Barrett 18. Eric Y. Drogin, Lawyers at Risk: received his dual B.A. degree in Addressing the Problem, BENCH & naval science and psychology from B., Jul. 2006, at 30. Purdue University, and his M.A. 19. Curtis L. Barrett & Richard F. degree in experimental psychology Limoges, Addictions, in HANDBOOK as well as his Ph.D. degree in clini- OF FORENSIC ASSESSMENT: PSYCHO- cal psychology from the University LOGICAL AND PSYCHIATRIC of Louisville. He is co-author of PERSPECTIVES 255, 265 (Eric Y. Winners! The Story of Alcohol and Drogin, Frank M. Dattilio, Robert Drug-Abuse Programs in the Horse L. Sadoff, & Thomas G. Gutheil Racing Industry and Evaluation for eds., 2011). Guardianship (in the Oxford Univer- 20. See Alexandra Katehakis, Affective sity Press “Best Practices for Neuroscience and the Treatment of Mental Health Assessments” Sexual Addiction, 16 SEXUAL series). He maintains a national ADDICTION & COMPULSIVITY 1 consulting practice that focuses on (2009); Einat Peles, Shaul organizational and programmatic Schreiber, & Miriam Adelson, approaches to the evaluation and Pathological Gambling and Obses- treatment of addictive and other sive Compulsive Disorder among behavioral disorders and he is a fre- Methadone Maintenance Treatment quent lecturer at national and international conferences. Patients, 28 J. ADDICTIVE DISEASES 199 (2009).

September 2011 Bench & Bar 15 LAWYERS HELPING LAWYERS

by the disease of addiction or other mental health issues. The purpose of this article, and indeed, this edition of the Bench & Bar, is to focus attention on the resources and help available. I am so grateful that I have this opportunity to reach out to you individually — wherever you are reading this — to let you know that there is help for whatever addiction or affliction may be impacting a friend’s or your life, your practice, or your health. If the resource that is KYLAP (the Ken- tucky Lawyer Assistance Program) is by Yvette Hourigan, director particular those who also suffer with used by the lawyer in distress, and you The Kentucky Lawyer Assistance other mental health issues. Kentucky accept the help that we offer to you or to Program lawyers lose at least one of their mem- which we direct you, I promise that your bers each year to this tragic and life will improve. “They tried to make me go to rehab, unbearable end. but I said ‘no, no, no’” Let me give you just a few statistics WHY ME? — Rehab, Amy Winehouse, © 2006 that staggered me the first time I heard So why are lawyers at such high risk them. About 7 to 10 % of the general for addiction and depression? Ego, t the time of writing this article, population may be classified as addicted which can motivate and propel us pro- Amy Winehouse, age 27, has or alcoholic; between 18 and 24% of fessionally, is part of the problem. It A just been found dead in her Lon- lawyers fall into one of those categories. seems our very method of thinking pre- don apartment, almost certainly as a Of 104 professions surveyed in 1990 by disposes us to the issues that often lead result of her drug and alcohol addic- Johns Hopkins University, researchers to depression, alcohol and drug abuse. tion. I’m hesitant to call this an found that lawyers were the most likely We’re problem-solvers. We’re “fixers.” “overdose” since there is as yet no evi- professionals to suffer from depression. People pay us to sort out their lives. dence of that, absent a toxicology Lawyers suffered from depression at a Surely we can take care of ourselves. report; and also because it’s not just an rate 3.6 times higher than non-lawyers Surely, if there were a problem, we overdose that will take the life of the who shared the same socio-demographic could handle it. But lawyers, as with addict. And besides, “overdose” just traits.2 Our rate of depression was other professional care-givers such as sounds so seedy, doesn’t it? I mean the almost four times higher than the pro- doctors, dentists and nurses, share a only people who really die of addic- fession in the number two spot! A common problem: we give great care to tion are rock stars, or those skid row research study of 801 lawyers in the others, but we’re terrible self-care bums who live under the bridge, or state of Washington found that 19% suf- providers. those guys who use I.V. needles and fered from depression. 3 In addition, our profession demands scary drugs like heroin, right? And “What a tragic waste of a life” is the that we develop skills in communica- “nice people” (like us lawyers) have comment I hear repeatedly from family, tion, persuasion, creativity and spent years learning how to handle our friends and strangers commenting on consistency. We learn to exhibit a pro- liquor and we don’t do “hard” drugs Amy Winehouse’s death. It is true. A fessional demeanor and to hide our own anyway, right? Wrong. life — any life — lost to alcohol, drugs alarm, fear, disgust, abhorrence and What is true is that only about 5% or other mental health issues, is a boredom as we conduct our professional of alcoholics or drug addicts are skid tragedy. Every year in Kentucky alone lives.4 Personality characteristics often row bums. It is far more common and we lose some of our professional broth- associated with lawyers, such as perfec- likely that the cause of death for those ers and sisters to drugs, alcohol or other tionism and competitiveness, when who abuse alcohol and drugs will be mental health issues. And sadly, it is a combined with depression, may be con- heart attack or stroke related to years loss that is almost completely preventa- tributing to a higher suicide rate in the of abuse. Or chronic pancreatitis or ble. In this country — no let’s bring it legal profession, experts say.5 It’s no cirrhosis. Or from a car wreck caused closer — in your state, in your city, in secret that the legal profession attracts by an intoxicated soccer mom.1 your firm, in your law office, and in perfectionists and rewards perfection- Sounds a bit closer to home, doesn’t particular, in your profession — there is ism. Perfectionism drives us to excel in it? Suicide is another common form of absolutely no reason to continue to suf- college, in law school and on the job. death among addicts and alcoholics, in fer — no need to let your life be taken But perfectionism has a dark side: it can

16 Bench & Bar September 2011 produce “a chronic feeling that nothing grams in all professional fields, except 12-step recovery programs: “Recovery is good enough.”6 Because we expect one, optimists outperform pessimists. is not for those who need it, it’s for perfection from ourselves and our col- The one exception? You guessed it: law those who want it.” I agree with that leagues, we are reluctant to school.14 If you think about it, pes- insofar as it goes, but I have to add acknowledge our susceptibility to simism helps us as attorneys excel: it another qualifier: “Recovery is for human failings. As a result, treatment is makes us skeptical of what our clients, those who DO it.” Yes, it’s work. But delayed or even refused. our witnesses, opposing counsel, and so is staying drunk or high or trying to Lanny Berman, executive director of judges tell us. It helps us to anticipate figure out how to “fix” your escrow the American Association of Suicidol- the worst, and thus prepare for it. account because you just lost a bundle ogy, a group devoted to suicide Unfortunately, pessimism, like stress, is at the race track. prevention, says risk factors for suicide bad for your health: it leads to stress Anyone who has danced the addic- include depression, anxiety, substance and disillusionment, which makes us tion dance knows how much work it can abuse, suicidal ideation, divorce and vulnerable to depression.15 be to nurture your addiction. I call it stress. Lawyers experience many of Are you alarmed, yet? “chasing.” Chasing the drink. Chasing these risk factors at higher rates than the the drug. Chasing the high. Chasing the general population, he concludes. Per- AM I DOOMED? win. It’s all dreadfully labor-intensive. sonality traits of perfectionism and The answer is “No.” Believe it or And no matter how much work my competitiveness also make a person not, this is an article of HOPE! My recovery takes, it’s less work than I considering suicide less likely to seek advice in helping you address mental spent chasing. And the end result is ever help.7 health and addiction issues is simple: so much nicer. Further, most lawyers are subjected Don’t Quit. Keep trying. NOBODY is For many of you, the addiction will to significant stress in their day-to-day beyond help, and death is completely not even be your own, but will be that of practice. Some of us thrive on it. Some preventable, until it’s not. someone you care about. The “how” and of us hate it. Some of us are injured by Many people who need help won’t “when” of approaching someone you it. Increased stress is directly linked to ask for it. And many who want help love on this topic is daunting to many. poor health and general unhappiness. won’t do what is necessary to get it. You’re terrified even to let a third party, Perfectionism, discussed above, raises There’s an old adage in the rooms of such as KYLAP, become involved to levels of the stress hormone cortisol, and chronically high levels of cortisol lead to various health problems, includ- ing depression.8 Essentially, too much stress causes depression.9 Unfortunately, not only are perfec- tionists more vulnerable to depression and anxiety, a Utah study showed that these individuals are harder to treat with either therapy or drugs and are much more likely to commit suicide when things go very wrong.10 One study found that lawyers are at a much greater risk because they are more likely to act on their suicidal thoughts and more likely to succeed. Suicide ranks among the leading causes of pre- mature death among lawyers.11 A 1992 annual report of the National Institute of Occupational Safety and Health reported that male lawyers are twice as likely as the general population to com- mit suicide.12 The Utah study cited also revealed that lawyers are often pessimists. While the prevalence of pessimism among lawyers is less intuitive than the preva- lence of perfectionism, it is nevertheless significant.13 As the Johns Hopkins study found, in all graduate-school pro-

September 2011 Bench & Bar 17 approach the issue independently with 2. Chronic: It does not go away, fix der. Even then, if only the addictive your friend for fear of being “found out” itself, or spontaneously remit. There is disorder is treated then the depression, as the one who “told on them.” Sounds a no cure. and the need for relief from its symp- lot like third grade doesn’t it? But that’s 3. Progressive: Worsens over time. toms, remains. The person may well how many of us respond to the possibil- 4. Symptomatic: Can be diagnosed turn to alcohol or drugs again to man- ity of addressing the issue of a friend or through careful attention to the ways it age those symptoms. As a result, it loved one being in trouble with drugs, manifests in a person’s behavior or often takes more than just a 12-step alcohol or a mental illness. We opt for lifestyle. recovery program to address these mul- the “head in the sand” approach. And 5. Fatal: If left untreated.18 tiple problems. while the truth sometimes hurts, it’s not The disease concept of addiction as scary as pretending nothing’s wrong was identified and accepted by both WHAT DOES ADDICTION LOOK LIKE? and watching the addiction take over. the AMA and the APA over 50 years From a clinical standpoint, to warrant Frankly, there’s nothing less noble – ago.19 While many of you reading this a diagnosis of addiction an individual either in one’s personal or professional article still consider addiction nothing would have to exhibit at least three of life – than doing nothing while watching more than a lack of willpower or a the seven diagnostic criteria for sub- a friend or colleague who is suffering. moral failing, that position has been stance dependence within the same medically disproven. And, tragically, year. The seven criteria for substance ADDICTION AS DISEASE this “I can control it” “moral failure” dependence are: There is considerable evidence that mind-set undermines the attorney’s (1) Tolerance, as defined by either of all addictions are the result of biochemi- willingness to seek help or outside the following: (a)A need for markedly cal processes in the body. It appears that treatment — and treatment works, it increased amounts of the substance to people who are predisposed to addiction really does. Maybe not the first time, achieve intoxication or desired effect, or metabolize alcohol and other drugs but eventually. And as someone who (b) Markedly diminished effect with (including the adrenaline produced by even held the “willpower” opinion her- continued use of the same amount of the gambling wins or losses) differently self, and nearly died as a result of it, I substance. from the rest of the population. “The have learned that for all the reasons (2) Withdrawal, as manifested by debate about the causes of substance the doctors say, addiction really is a either of the following: (a) The charac- dependence range from biological and disease. teristic withdrawal syndrome for the genetic factors, learning factors, cogni- Adding insult to injury, studies have substance (refer to Criteria A or B of the tive factors, to social factors.”16 Most found that at least 50% of alcoholics, criteria sets for Withdrawal from spe- state bar associations recognize the and an even higher percentage of drug cific substances). (b) The same (or a “treatable disease” model of alcoholism, addicts, suffer from co-occurring disor- closely related) substance is taken to which is the current consensus of the ders20. A diagnosis of co-occurring relieve or avoid withdrawal symptoms. medical community. The disease model disorders (COD) is warranted when at (3) The substance is often taken in holds that alcoholics are essentially dif- least one disorder of each type (sub- larger amounts or over a longer period ferent from non-alcoholics, since stance-related disorder and psychiatric than was intended. alcoholics experience an irresistible disorder) can be established independ- (4) There is a persistent desire or physical craving for alcohol, a loss of ently of the other. Most commonly for unsuccessful efforts to cut down or con- control and a progressive physical lawyers, the addiction is coupled with trol substance use. dependence upon alcohol. “Since even depression or its evil relative - chronic (5) A great deal of time is spent in the consumption of a small amount of anxiety. Some basic science supports activities necessary to obtain the sub- alcohol is enough to compel an alco- the alcoholic/depression model. For stance (such as visiting multiple doctors holic to continue drinking, complete example: Ethyl Alcohol (ETOH) itself is or driving long distances), use the sub- abstinence is the only way in which a central nervous system depressant, stance (such as chain smoking) or alcoholics can be treated.”17 and if I consume toxic levels of a cen- recover from its effects. (Chasing). The American Medical Association tral nervous system depressant (6) Important social, occupational, or (AMA) and the American Psychological frequently or even daily, it follows that recreational activities are given up or Association, (APA), classify addiction I’ll be depressed. And all the Prozac in reduced because of substance use. to alcohol and other drugs a primary the world isn’t going to make me un- The substance use is continued disease. This has been so since 1956 depressed. But I can also be depressed despite knowledge of having a persist- (AMA) and 1960 (APA). Addiction completely independently of the alcohol ent or recurrent physical or qualifies as a primary disease because it abuse, and the toxic levels of alcohol psychological problem that is likely to meets the following criteria: only serve to exacerbate the underlying have been caused or exacerbated by the 1. Primary: The illness exists in and depression.21 substance.22 of itself. (Addiction is secondary only to Unless the primary disease of alco- Although we know the criteria, addiction but may manifest in addition holism is arrested, it’s impossible to there’s still a big problem in identifying to other illnesses). successfully treat the co-existing disor- lawyers with addiction issues: we can

18 Bench & Bar September 2011 be REALLY high-functioning – even at WHAT CAN WE DO? discipline or admissions problems, the pinnacle of our addiction or mental Among the services which KYLAP KYLAP will implement a structured health crisis. In Understanding the can offer the individual in need are: rehabilitation program to document a High-Functioning Alcoholic,23 the Assessment and Referral: A trained participant’s recovery. If the individual author notes that high-functioning alco- member of the KYLAP staff will meet chooses, this documentation may be holic lawyers, in addition to being in with the affected attorney, to discuss the taken into consideration by the KBA, denial, are often able to maintain problem and recommend available treat- the Office of Bar Admissions and/or the employment, project an acceptable out- ment and rehabilitation options. Kentucky Supreme Court when deter- ward image in spite of the inner Interventions: In appropriate situa- mining discipline or recommendations turmoil, sustain interpersonal relation- tions, a member of the KYLAP staff for admission or readmission. ships, and “work the system” in dealing may make arrangements for, and partici- Recovery Group Meetings: In areas with legal problems resulting from the pate in, a formal intervention to assist where it is possible, KYLAP facilitates addiction.24 an impaired attorney. the organization of recovery group meet- What Are The Warning Signs? Peer Support Network: The ings and provides on-going support. Warning signs of impairment are affected attorneys may be paired with a Students with Bar Application there if you know what to look for. recovering lawyer in their area to act as Issues: All applicants seeking admission KYLAP’s experience has shown that the a mentor and assist with their recovery. to the Kentucky Bar are expected to following are indicative of a potential Education and Prevention: KYLAP fully disclose any physical or psycho- problem: works with law firms, the courts and logical issue that may impair his or her bar associations to provide training and ability to practice law. KYLAP is avail- • Absenteeism. education concerning attorney impair- able to discuss any law student’s or • Confusion or difficulty in ment and recovery. In addition, KYLAP applicant’s situation in a confidential concentration. makes regular presentations at Ken- setting prior to submission of the Bar • Spasmodic work patterns. tucky’s law schools regarding Application. In addition, when appropri- • Generally lowered job efficiency. impairment and the bar admission ate, KYLAP can implement a structured • Poor interpersonal relationships. process. rehabilitation program for each • Physical problems/symptoms. Structured Rehabilitation individual that documents his or her • Financial or legal problems. Program: In cases involving attorney efforts to address the issues in question. • Appearing in court or elsewhere in an obviously impaired condition. Forensic Psychiatry PLLC WHAT CAN YOU DO? If you are concerned about a fellow Licensed to practice medicine in Ohio, West attorney or judge, inaction is the worst Virginia, Kentucky and Pennsylvania. response. If you suspect that you or another attorney has a problem with 919 Sixth Ave. drugs, alcohol, or another condition Huntington WV 25701 which appears to be interfering with Office: 304-781-0228 their law practice, or if you have any Fax: 304-781-0229 questions regarding impairment, call Email: [email protected] KYLAP at 502-564-3795, ext. 265. KYLAP deals with a variety of issues bobbymillermd.com including stress, family problems, emo- TYPES OF SERVICES tional problems, and substance abuse problems. Brain Injury • Civil Competency KYLAP can assist you in exploring Criminal Competency • Emotional Damages Employment Dispute • Fitness for Duty options available to you or to another Bobby A. Miller, M. D. attorney. All contact with KYLAP is Independent Medical Evaluation Medical Malpractice • Quality of Parenting confidential. The attorney you refer will Psychological & Neuropsychological Testing never know who called us and pursuant Sex Offender • Litigation Support Services to S.Ct.R. 3.990, the director, staff and Will Contest • Workers’ Compensation volunteers are prohibited from making disclosure to other bar departments. • Board Certified Forensic Psychiatrist • Director of Forensic Services at KYLAP and its volunteers are also • Board Certified Neuropsychiatrist Mildred Mitchell-Bateman Hospital explicitly excluded from the reporting • Board Certified Psychiatrist & River Park Hospital requirement set forth in Supreme Court • Residency Trained Neurologist Rule 3.130(8.3)(c).25

September 2011 Bench & Bar 19 CONCLUSION Increased Suicide Risks,” American Medical Association The great news about addiction and www.ABAJournal.com, Posted 264(19):2511–2518, 1990. many mental health issues (which April 30, 2009. 21. National Institute of Alcohol Abuse can’t be said about most other dis- 6. Johnson, Lynn, Stress and Alcoholism, of the National eases) is that they’re treatable and Management, Utah State Bar J., Institutes of Health, Alcohol Alert need not be fatal. No, there’s no cure; Jan./Feb. 2003. No. 14, PH 302 October 1991. there is a solution. Lawyers are recov- 7. Id. 22. Diagnostic and Statistical Manual ering every day, one day at a time. I 8. Blatt, Sidney J., Ph.D., “The of Mental Disorders Fourth Edition am witness to some of the greatest Destructiveness of Perfectionism: - Text Revision (Copyright 2000), miracles in our profession simply by Implications for the Treatment of American Psychiatric Association, virtue of my good fortune in serving as Depression,” American Psycholo- DSM-IV Criteria for Alcohol the director of this amazing program. gist, Vol. 49, No. 12, pp. Dependence. Even as I write this, I’m informed that 1003-1020 (1997). 23. Benton, Sarah Allen, Understand- I have two new KYLAP success sto- 9. See generally, “Work-Life Balance: ing the High-Functioning ries – attorneys who found recovery Why is it Important For You?,” Alcoholic: Professional Views and and are now coming on board as vol- Gary L. Bakke, The Wisconsin Personal Insights (The Praeger unteers. I watch lawyers who were Defender, Winter/Spring, 2009, Vol- Series on Contemporary Health and crippled by mental illness, who have ume 17, Issue I. Living) 2010. received treatment and are now able to 10. Johnson,Lynn, supra. 24. Id. re-enter the workforce and not only 11. Uday, Richard. The Frayed Rope, 25. “A lawyer is not required to report help clients again, but who are also Utah State Bar J., Aug/Sept. 2003. information that is protected by available to their fellow-lawyers who 12. Cohen, Meyer J., “Bumps in the Rule 1.6 or by other law. Further, a suffer in the same way. Road,” GPSOLO, July/Aug. 2001, lawyer or a judge does not have a The great volunteers who give their at 20. duty to report or disclose informa- blood, sweat and tears to lawyers in 13. Bakke, Gary L., “Work-Life Bal- tion that is received in the course of need are the life blood of KYLAP and ance: Why It Is Important For participating in the Kentucky what make KYLAP work. If you’ve You,” The Wisconsin Defender, Lawyer Assistance Program or been clean and sober for more than two Winter/Spring 2009, Volume 17, Ethics Hotline.” Supreme Court years, or you have recovered from a Issue 1, citing Johnson, Lynn, Rule 3.130(8.3)(c). mental illness or other disabling condi- supra. tion, and you would like to be 14. Uday, Richard. The Frayed Rope, considered as a volunteer, please contact Utah State Bar J., Aug/Sept. 2003. Yvette Hourigan us either by telephone, or via our confi- 15. Id. was born in dential website at www.kylap.org. 16. 46 Am. Jur. Proof of Facts 2d 563, Louisville and is §2, fn. 18-22. the director of 17. 46 Am. Jur. Proof of Facts 2d 563, ENDNOTES the Kentucky 1. Baker, Al and Chan, Sewell, “Dri- §2; Alcoholics Anonymous World Lawyer Assis- ver in Crash That Killed 8 Was Services, Inc., Alcoholics Anony- tance Program. Drunk, Officials Say,” New York mous (3d ed. 1976) foreword p. She is a gradu- Times, August 4, 2009. xxii. ate of Murray 2. Eaton, Mandel, and Garrison, 18. Diagnostic and Statistical Manual State University and the University “Occupations and the Prevalence of of Mental Disorders Fourth Edition of Kentucky College of Law. Upon Major Depressive Disorder,” 32 J. - Text Revision (Copyright 2000), graduation, she was a law clerk for Occupational Med. 1083-1132 American Psychiatric Association. the Honorable Justice Joseph Lam- (1990). 19. American Medical Association, bert in the Kentucky Supreme 3. Barnes, supra, (citing G.A.H. Ben- Definitions, H-95.983 Drug Depen- Court. She began her legal career in jamin, E.J. Darling & B.D. Sales, dencies as Diseases: The AMA 1. Lexington where she practiced pri- The Prevalence of Depression, endorses the proposition that drug marily in automobile product Alcohol Abuse, and Cocaine Abuse dependencies, including alco- liability defense. In 1998, she Among United States Lawyers, 13 holism, are diseases.; DSM-IV-TR opened the Law Office of Yvette J. Law & Psychiatry 233 (1990). (Copyright 2000); APA. Hourigan, also in Lexington. Her 4. “Drug and Alcohol Abuse & Addic- 20. REGIER, D.A.; FARMER, M.E.; practice has been focused primarily tion in the Legal Profession,” By RAE, D.S.; et al. Comorbidity of on plaintiff’s personal injury work, the Legal Profession Assistance mental disorders with alcohol and including nursing home negligence, Conference, http://www.ipac.ca/. other drug abuse. Results from the automobile wrecks, and other civil 5. Weiss, Debra Cassens, “Lawyer Epidemiologic Catchment Area litigation. She has been sober, gratefully, since January 1, 2003. Personalities may Contribute to (ECA) study. JAMA: Journal of the

20 Bench & Bar September 2011 LAWYERS HELPING LAWYERS

played fast and loose with its accounting numbers to hoodwink Wall Street.” The section “What a Breeze: Confident Tone” includes this Ruth Bader Gins- burg line: “Goesaert is a decision overdue for a formal burial.” In the service of punchiness, Guberman even endorses an occasional sentence frag- ment like “Not so” and “So too here.” Looking for a good way to begin a brief? You can find inspiration under the heading “Brass Tacks.” Wondering how to end? “The Last Word” suggests a pithy conclusion like this: “This Court by Judith D. Fischer book presents examples from their briefs has never come close to adopting such a and motions, interspersed with Guber- remarkable proposition. And there is no Ross Guberman, Point Made: How to man’s own pithy advice. reason to do so here.” Write Like the Nation’s Top Advocates. Guberman says good legal writers The appendices contain short biogra- N.Y.: Oxford U. Press, 2011, pp. 311, write with “punch.” They will “do some- phies of Guberman’s master legal writers, $19.95. thing—anything—to add interest, variety, 50 key writing techniques, a list of “best and elegance to their words, sentences, quotes,” and annotated sample briefs. hen you’re stuck during the and transitions.” Following that principle, Guberman is the president of Legal writing process, the book Point the book’s chapters have intriguing titles Writing Pro, his platform for the legal- WMade may be just the reference like “Poker Face,” “Ping Me,” and “Size writing workshops he has conducted in you need: it’s chock full of punchy Matters.” Each topic is illustrated with several countries. He is also an adjunct advice and examples. Its author, Ross examples from the masters. professor at The George Washington Guberman, reviewed hundreds of briefs The book is organized around small University Law School. and motions to select 50 top legal writ- bites of information rather than length- He suggests that readers use Point ers, including David Boies, Ted Olson, ier prose, a structure that some readers Made as a reference or simply read it in John Roberts, and Barack Obama. The may find bothersome. But the examples sequence. I enjoyed reading it through, are rich. The section titled “Zingers: but with either approach, the book gives Colorful Verbs” contains this vivid quo- the reader lots of valuable nuggets about Judith D. Fis- tation from Joe Jamail: “Sunbeam legal writing. cher is an associate profes- sor at the Nonprofit Organization Law Can Be Complex University of Louisville Louis My Practice Is Limited to Advising Nonprofits and D. Brandeis School of Law. The Attorneys Who Represent Them She received her B.A. and M.A. degrees in English Assistance Provided With from Bradley University and her J.D. • Organizational Formation from Loyola Law School in Los • Organizational Policies & Procedures Angeles. She teaches Legal Writing • Continuous Improvement Systems (Quality) and Women and the Law. • Board Governance Issues Fischer was previously a partner in • Complex Tax Matters a Los Angeles law firm, where her • For-Profit Subsidiaries and Joint Ventures general practice included business litigation. Her scholarship includes • Attorney General Compliance Procedures articles on legal writing, advocacy, • Merger or Consolidation of Nonprofits and women and the law. Her book • Foundation Operational Issues Pleasing the Court examines ethical and effective legal writing through Conley Salyer, Attorney,[email protected], J.D., LL.M.; Examiner, Malcolm Baldrige National Quality numerous examples of the conse- Award (MBNQA). [email protected], (859) 281-1171, quences of lawyers’ errors. 444 E. Main Street, Lexington, KY 40507. This is an advertisement.

September 2011 Bench & Bar 21 LAWYERS HELPING LAWYERS

number for that sub-heading. This allows the researcher to begin narrowing their search, first by skimming the very general subjects in the first outline to locate the one most likely to contain relevant case law. Then they can skim through the sec- ond outline to find a specific key number that applies to their case. The researcher then turns to the spe- cific relevant key number in the digest. There they will find abstracts of cases related to that subject. These are longer than those provided with search engine results and focus on the part of the case relevant to the subcategory it is found in. by Taylor Holbrook can exclude a word with the “not” term A search engine abstract merely provides to show documents with word “A” but a short excerpt of the searched for word omputers and the internet have NOT word “B.”2 These terms allow the or phrase. Again the digest lays out its drastically improved the process researcher to increase (“or”) or decrease information so that the researcher can C of legal research. The legal (“and”) the number of results generated quickly skim through all of the cases to researcher now summons hundreds, per- by the search engine and to eliminate any find the most relevant. Here a laptop haps thousands, of years of case law, irrelevant documents through the use of comes in handy to quickly pull up the statutes, treatises, legal thought, and the “not” term. While useful, Boolean entire case indicated by the abstract’s legal history to their desk (or lap) terms still limit the researcher to manipu- citation for a thorough reading. instantaneously with the push of a but- lating the results by what words they The way digests present their informa- ton. Search engines help prevent this contain and not by their subject matter. tion, allow the researcher to quickly skim ability from becoming overwhelming by A search engine works like the index the entire topic and decide what is rele- allowing the researcher to search all of of a book. It tells you only where the vant instead of relying on an algorithm that information for the specific infor- search terms are found without any con- programmed by someone else. Also mation they need. However, the text. In a short amount of time, a while skimming through the entry for the researcher should not overlook the researcher can find a case to support their topic, the researcher will gain a fuller advantages of using good old fashioned argument or determine if there have been understanding of the topic and may find books in their legal research. any recent cases modifying the law as other ways to approach their problem. A they understand it. But if the researcher digest allows legal research to be more MAGIC WORDS is unfamiliar with the subject or is focused, while also being more thorough. Most search engines depend on the searching for a more nuanced argument, key words (or phrases) entered by the a lot of time is wasted sorting through CASE IN POINT researcher. Once entered, the search the cases where the terms are mentioned, It is established law in Kentucky that engine searches all of the documents in but not dealt with in any substantial way. when a property description uses a creek its database for those words. The engine or stream as a property line, then the then ranks and displays the documents STARTING POINTS property line is located in the center of containing those words according to an In contrast, a legal digest works like a algorithm, or equation, that determines book’s table of contents. The digest lays Taylor Holbrook, relevancy principally according to how case law out by subject. The researcher of Lexington, many of the words appear in the docu- can find the subject of their search in the performs legal ment and in what frequency they appear. Descriptive Word Index of the digest and research and The researcher can manipulate the results be directed to the appropriate topic in the drafting services and ranking by using Boolean terms like digest. Upon finding the appropriate for other attor- “and,” “or,” and “not.”1 The “and” terms topic, the researcher will find the topic neys and allow the researcher to tell the engine to broken down into two different topic out- represents veter- find documents with word “A” AND lines at the beginning of the entry. The ans before the word “B.” In this case only documents first outline breaks the topic down into Veteran’s Administration and the containing both words will be displayed. the main subject headings within the U.S. Court of Appeals for Veteran’s If a researcher wants to include more topic along with the key number range Claims. He served as a United States than one word for the same concept, they included within that heading. The second Marine before attending Eastern can use “or” to find documents that have outline goes further, showing more Kentucky University and the Univer- either word “A” OR word “B.” Revers- detailed sub-headings within each of the sity of Kentucky College of Law. ing the previous concept, the researcher major subjects along with the specific key

22 Bench & Bar September 2011 the stream, unless the grant clearly indi- ings that may apply “natural water- CONCLUSION cates otherwise.33 Sounds simple courses” and “conveyances and The differences in the way search enough, but when a surveyor calls need- contracts.” Turning to those sections in engines and legal digests present their ing to know where the center of the the second outline, the researcher finds information allow a researcher to attack stream is, how does the law translate to two sub headings in “natural water- their research project from different a physical location on the ground? courses” that may prove fruitful, angles. In some cases, this means a Trying to search for “center” or “mid- “riparian rights in general” and “bed and good old fashioned book remains the dle” of a “stream” or “creek” will only banks of stream.” Skimming the case perfect tool for the job. return cases restating the principle of abstracts under those sub headings the law. It turns out the magic word in this researcher finds the cases City of Prince- ENDNOTES case is “thread.” But even searching for ton v. Martin4 and Sutton v. Terrett5. 1. Though many search engines now “thread of the stream” likewise returns According to these cases, the middle break the Boolean functions down mainly simple restatements of the legal of the stream is not equidistant between into separate data fields that allow concept and no clear explanation. A the two shores. Rather it is located in the researcher to exclude or include researcher may waste a lot of time sifting the deepest channel of the waterway. a word by entering it into the through cases restating the law before This allows both bordering properties appropriate field. stumbling upon one that explained the access to the water even if the water 2. This is useful in cases where a legal concept or even provided the magic level drops until the waterway is only word or phrase can be used to words of “thread of the stream.” the width of a thread. While finding this describe more than one legal con- Looking up creeks in the Descriptive answer the researcher will also learn cept by excluding words applicable Word Index does not provide any how this changes when the waterway only to the unwanted concept(s). results. However, reading through the changes course due to accretion and 3. City of Covington v. State Tax “streams” entry will reveal that the which controls the meanderings of the Commission, 21 S.W.2d 1010, 1013 digest deals with the subject either waterway or a property description (Ky.App. 1929). under the topic of “navigable waters” or when they conflict. These may also be 4. City of Princeton v. Martin, 170 “waters and watercourses” in the digest. relevant to the researcher’s fact pattern. S.W.2d 660 (Ky.App. 1943). The first outline under “waters and The topic entry for “navigable waters” 5. Sutton v. Terrett, 192 S.W.2d 382 watercourses” reveals two subject head- will give similar results. (Ky.App. 1946).

President Wm. T. (Bill) Robinson III • American Bar Association Kentucky Presidential Committee Appointments • 2011-2012 Roula Allouch, Member, Standing Committee on Constitution and Bylaws Jerry J. Bowles, Member of the Commission on Domestic Violence David A. Brennen, Member, Standing Committee on Law Library of Congress Anita Britton, Member of the Commission on Domestic Violence Vicki Yates Brown, Member, Standing Committee on Governmental Affairs Linda A. Gosnell, Member, Standing Committee on Professional Discipline Daniel T. Goyette, Member, Standing Committee on Legal Aid and Indigent Defendants Bart Loveman Greenwald, Member, Standing Committee on Professionalism Norman E. Harned, Member, Standing Committee on Gavel Awards Dennis R. Honabach, Chair, Standing Committee on Professionalism Nicole Huberfeld, Member of the Special Committee Bioethics and the Law Kathleen Gormley Johnson, Member, Advisory Committee to the Standing Committee on Public Education Margaret E. Keane, Member, Standing Committee on Judicial Independence Michelle M. Keller, Member, Ethics and Professional Responsibility Judges Advisory Committee Scott D. Laufenberg, Member, Legal Opportunity Scholarship Committee George E. Long II, Member, Special Committee on Disaster Response and Preparedness John D. Minton, Jr., Chair, Board of Elections Edward C. Monahan, Member, Task Force on Preservation of the Justice System Jennifer Ann Moore, Member, Advisory Committee to the Standing Committee on Election Law Eileen O’Brien, Member, Commission on Lawyer Assistance Programs John M. Rosenberg, Member, Standing Committee on Pro Bono and Public Service Thomas L. Rouse, Member, Special Commission on Mental and Physical Disability Law Gregory S. Shumate, Member, Advisory Committee to the Standing Committee on Election Law David B. Sloan, Member, Standing Committee on Continuing Legal Education Olu A. Stevens, Member, Center for Racial and Ethnic Diversity Pamela D. Stevenson, Member, Standing Committee on Delivery of Legal Services Richard H. Underwood, Member, Standing Committee on Ethics and Professional Responsibility Palmer Gene Vance II, Member, Council of the Fund for Justice & Education and Member, Standing Committee on Membership Thomas Wine, Member, Standing Committee on Gavel Awards

September 2011 Bench & Bar 23 attorney is paid to detect and exploit. EFFECTIVE LEGAL WRITING Formal logic is integral to legal writ- ing because of the nature of language, the nature of law, and the nature of represen- tation. The nature of language is to give Are You Experienced? time and space5 in which the audience can order and comprehend the crash of human commerce. Just as conventions of by Donald K. Kazee syntax give relation, significance, and Salmon P. Chase College of Law resonance to the words within a sentence, inductive and deductive syllogisms give Reason is the life of the law; nay, the is, well, life!!! In this, Holmes echoes relation, significance, and resonance to common law itself is nothing else but Charles Dickens in Oliver Twist: the law, the facts, and such justice as may reason. be derived therefrom. Without carefully —Sir Edward Coke, “[T]he law supposes that your wife constructed syllogisms, the hearer is left First Institute, 1628. acts under your direction.” to a solitary sorting of mysteries. The “If the law supposes that,” said Mr. reader becomes an accident reconstruc- The life of the law has not been logic: it Bumble, squeezing his hat emphatically tionist, assembling some theory of the has been experience. in both hands, “the law is a ass- a idiot. writer’s intended route, speed, freight, —Oliver Wendell Holmes, Jr., If that’s the eye of the law, the law is a and destination. The Common Law, 1881. bachelor; and the worst I wish the law The unguided audience cannot be is, that his eye may be opened by expe- held accountable for the fidelity of its ustice Holmes’ maxim is often taken rience- by experience.”3 understanding to the writer’s intent. The Jas a riposte to Chief Justice Coke’s syllogism is the syntax of ideas; logic is supposedly undiluted rationalism. Even as the light of experience the vessel of experience. Should that Holmes’ championing of “[t]he felt floods the eye, not even Holmes does vessel fail then truly will the law be left necessities of the time, the prevalent away with the lens of reason. Just as to “the prejudices that judges share with moral and political theories, intuitions there is no sight without light, there is their fellowmen.”6 of public policy, avowed or uncon- no image without focus. And yet, to say The nature of law is to prescribe a scious, even the prejudices that judges the truth, reason and law keep little specific state action upon a finite class share with their fellowmen”1 as superior company together nowadays; the more of persons, transactions, behaviors, or to the syllogism has won our day. As a the pity that some honest neighbors will things. It is the defining of the class and soundbite, the appeal to experience can not make them friends. the specificity of the state action which be used to justify the Trust-your-feel- Ironically, Chief Justice Coke is just set law apart from the random or arbi- ings-Luke! mindset of a generation of such a peacemaker. His more complete trary schemes we deem lawless. lawyers innocent of the study of syllo- claim for reason is: Identifying a particular subject or gistic reasoning at any point in our instance within the defined class expensive educations. A careful reading, And there is another strong argument becomes the justification for applying however, of Holmes’ first page of The in law, Nihil quod est contra rationem the sanction. If the law prescribes a fine Common Law shows that Holmes does est licitem; for reason is the life of the for drivers who exceed a speed limit of not reject the syllogism as necessary to law, nay the common law itself is noth- 55 mph, those clocked at 60 mph will be the law, but rather as alone sufficient to ing else but reason, gotten by long subject to the fine. If the Sherman Act present it: study, observation, and experience, and prohibits “every contract, combination not of every man’s natural reason; for, ... or conspiracy, in restraint of trade,”7 To accomplish this task, other tools Nemo nascitur artifex.4 then an enterprise found to restrain trade are needed besides logic. It is something will be subject to fines and injunctions. to show that the consistency of a system Coke’s reason is itself the fruit of This is the very model of a modus requires a particular result, but it is not experience, including the study of proper ponens syllogism. The major premise all. ... The law embodies the story of a syllogisms: “not of every man’s natural conditions the sanction upon a class, the nation’s development through many cen- reason,” for “No one is born an artist.” minor premise identifies the subject as turies, and it cannot be dealt with as if Without the study, observation, and within or without the class, and conse- it contained only the axioms and corol- experience of reason itself, we are left quently the sanction is applied, or not. laries of a book of mathematics. In with karaoke law. One’s own arias may Experience is essential to the deduction order to know what it is, we need to sound celestial in the shower, but audi- by informing the meaning of “contract, know what it has been, and what it ence members who cannot croak a note combination, or conspiracy” and tends to become.2 can tell if the casual karaokiste goes “restraint of trade” in the major premise. astray. If we write our arguments with Experience is essential to fortify the As the words emphasized above indi- only our own natural inclinations, our minor premise by comparing striking rail cate, reason is still necessary to the law, self-regard will betray us. No “intuitions workers,8 a holding company,9 an oil but it must be informed in its terms and of public policy” will save our unstudied trust,10 or rules for a commodity application by the life of the law which instincts from a fallacy that another exchange11 to restraints found unlawful

24 Bench & Bar September 2011 in the past. But the experience must rest Alas, most legal writing texts are ENDNOTES securely within the syllogism for a valid inadequate to this purpose. Only a very 1. Oliver Wendell Holmes, Jr., The legal result to be inferred. few systematically integrate syllogistic Common Law 1 (1881). Modus ponens is hardly the only type reasoning into writing.14 Those having a 2. Oliver Wendell Holmes, Jr., The of deductive syllogism which may man- useful overview of the roles of inductive Common Law 1 (1881). The ellip- ifest the law, but the number of such and deductive reasoning can be counted sis contains the prior quotations. syllogisms is finite and tractable. The on one hand. Far too many have less 3. Charles Dickens, Oliver Twist, Ch. familiar IRAC mantra prescribes a syl- information on reasoning than this 51 (1838). logistic structure,12 but this formula essay: “Write the discussion clearly and 4. Sir Edward Coke, First Institute, alone gives no hint of the specific struc- logically;” or “The best way to catch Section 97b (1628). ture on which to frame the argument logical errors is to put the writing aside 5. “Time is what prevents everything peculiar to the client’s case. Without for a while and read it later when you from happening at once; space is that specific framework, preaching have greater objectivity.” Period. Some what keeps everything from hap- replaces premises. What lawyers need to are just plain dangerous, as uninformed pening to me.” Attributed to John know is how to choose and craft a par- advice misleads the reader as to its logi- Archibald Wheeler, alluding in ticular syllogism appropriate to the cal implications. turn to Raymond King Cummings, authoritative statement of the law, the The rest have experience in good The Girl in the Golden Atom facts at hand, and the client’s needs. measure, but the prescriptions boil (1922). For instance, statutes drafted in the down to the same stew of write short 6. Oliver Wendell Holmes, Jr., The negative, the conditional, the alterna- sentences, but vary your sentence Common Law 1 (1881). tive, or the exceptional require length; write effective paragraphs, but 7. 15 U.S.C. §§ 1. syllogisms specific to the particular pos- vary your paragraph length; find a 8. In re Phelan, 62 F. 803 (S.D. Ohio ture. Elaborations upon case law require topic sentence, but start with a conclu- 1894) (Taft, J.) structures to coordinate complexity. An sion; hyphenate your phrasal 9. Northern Securities Co. v. United opponent’s “restatement” of the law “in adjectives; and above all, the passive States, 193 U.S. 194, 200 (1904) other words” requires our attention to voice is to be eschewed.15 A focus on (Holmes, J., dissenting). the finite number of transformations the mechanics of deduction and induc- 10. Standard Oil Co. of New Jersey v. which will actually stand up in court. tion would make many of the standard United States, 221 U.S. 1 (1911) An improvisation either misleading or bromides superfluous. Economy fol- (White, C.J.) mistaken may deceive the unwary, but lows from drafting the sentence to 11. Chicago Board of Trade v. United the logical lawyer can spot a sham and accomplish its function in the syllo- States, 246 U.S. 231 (1918) turn it on the shamster. gism. The paragraph is built around an (Brandeis, J.) The nature of representation is to take identifiable syllogism or one of its 12. In IRAC, the rule of law is a major the burdens of others and present them premises, and syntax should follow the premise, the law is applied to the for succor as if they were our own. If the requirements of the proposition, figure, facts in a minor premise, and a case required it, we would hardly spare or mood. In any event, chrome on the sanction follows as a logical con- the effort to learn the medicine, engi- trim avails nothing if the logical engine clusion. neering, or ecology necessary to be an is rusted out. 13. Drew R. McCoy, “An ‘Old- effective advocate. Nor should we be Holmes’ experience is the life of the Fashioned’ Nationalism: Lincoln, excused from acquiring the logical law, but Coke adds that the study of rea- Jefferson, and the Classical expertise so readily applicable to the son is integral to that experience. A lack Tradition,” Journal of the Abraham best representation for the broad range of a systematic understanding of formal Lincoln Association Winter 2002 of our clients. Such skills do not descend logic deprives us of the architecture16 of We may be past school, but we are not attack. It also deprives us of a means of (14 Jul. 2011). past schooling, even if we have to edu- discerning our opponents’ flaws. Either 14. Ruggiero D. Aldisert, Logic for cate ourselves. After all, Lawyer Lincoln deprives the court of the understanding Lawyers, (Clark Boardman Co. read Euclid on the Illinois circuit.13 needed to render justice. Our clients 1989); J. S. Covington, Jr., The The best place to start learning is a require that our writing not only be Structure of Legal Argument and text from the “critical thinking” genre. informed by the experience of life, but Proof, (William S. Hein and Co. These are geared to high school or col- structured through the study and obser- 2006); Teresa J. Reid Rambo and lege and present the range of tools vation of deductive (propositional and Leanne J. Pflaum, Legal Writing by available in constructing or refuting an categorical) and inductive (analogy, dis- Design, (Carolina Academic Press argument. They are not, however, writ- tinction, and generalization) reasoning. 2001); Jill J. Ramsfield, Law as ten for the lawyer in particular. Some Going to court without having examined Architecture: Building Legal discipline is required to match the logic the structure of our logic is like taking Documents (West 2000). on the page with our experience in prac- the stage without reading music. Pace 15. The passive obsession is lost on tice, but this is a duty we owe our Jimi Hendrix, nemo nascitur artifex. me. clients. We have been through the Apart from born geniuses, if any there 16. Jill J. Ramsfield, Law as “thinking like a lawyer” rituals. Now is be, the rest of us need to read music and Architecture: Building Legal the time to think like a good lawyer. mind our Ps and Qs. Documents (West 2000).

September 2011 Bench & Bar 25 KENTUCKY BAR NEWS

Salmon P. Chase from Columbia Law University of School. He comes to College of Law Chase from Hamline Kentucky University School of College of Law Law in Saint Paul, By Sierra Williams Minn., where he had The College of Law to Host NKU Chase College of Law served as a professor Symposium on Court Funding since 2003 and as the n September 23 and 24, the Jon M. Garon Chase Welcomes Talented New law school’s dean OUniversity of Kentucky College of Faculty Members from 2003-2008. Law will host the Kentucky Law Eric Alden comes to Chase as an Amy Halbrook joins the Chase fac- Journal Symposium on assistant professor of ulty as director of the Court Funding, a law teaching contracts Chase Children’s Law national dialogue fea- after working at Clinic and assistant turing leading legal Mayer Brown LLP in professor of law. She scholars, judges, prac- Palo Alto, Calif., received her B.A. titioners, court where he was a corpo- from the University of administrators and rate and securities California at Berkeley members of the busi- partner. Alden has a and her J.D. from Wm. T. (Bill) ness community Eric Alden Amy Halbrook Robinson III B.A. in economics Northwestern (UK Law ’71) discussing the practi- from Harvard College, a M.A. from the University School of Law. Halbrook cal and constitutional Freie Universität Berlin, and a J.D. has worked as a clinical teaching fel- impacts of court underfunding. The from Columbia Law School. Prior to low at the Loyola University Chicago symposium will be a celebration of the joining Chase, he taught corporate gov- Civitas ChildLaw Clinic and as a clini- Kentucky Law Journal’s 100th volume, ernance at the University of California cal fellow at the Northwestern which makes it the 10th oldest law Berkeley School of Law and was a University School of Law Bluhm review in the nation. Also being hon- research fellow at its Center for Law, Legal Clinic. ored is College of Law alumnus Wm. T. Business and the Economy. Jack B. Harrison joins the Chase (Bill) Robinson III, the new president of Ursula Tracy Doyle faculty as an assistant professor of law the American Bar Association. joins the Chase fac- teaching civil proce- Robinson, a 1971 graduate of the ulty as a visiting dure and trial College of Law, has made the under- professor teaching advocacy. Harrison funding of courts his primary focus as torts and international has a B.A. in political ABA president. According to him, law. Doyle has a B.A. science from the inadequate funding “means access to in english from University of justice is denied and the Rule of Law is Cornell University, a Tennessee at undermined.” The College is proud to Ursula Tracy Doyle M.A. in english from Chattanooga, a S.T.B., support him in his commitment to the Columbia University, Jack B. Harrison M.A from St. Mary’s legal profession. and a J.D. from Indiana University- Seminary and University, and a J.D. The events will begin Friday morn- Bloomington School of Law. Doyle from the University of Cincinnati ing, September 23, at the University of comes to Chase from Howard College of Law. He was a partner at Kentucky Singletary Center with a wel- University School of Law in Frost Brown Todd until 2009, when he come from Kentucky Chief Justice John Washington, D.C., where she served as became a member of Cors & Bassett in D. Minton, Jr., and an opening keynote an instructor of legal reasoning, legal Cincinnati, Ohio. His practice includes address from renowned constitutional research, and legal writing since 2009. a wide variety of areas involving litiga- scholar Erwin R. Chemerinsky, dean of Prior to teaching, she practiced law in tion and trial practice. the University of California-Irvine the areas of mass tort, individual per- David A. Singleton, School of Law. On Friday afternoon and sonal injury, and commercial whose new faculty Saturday morning, there will be several litigation. profile was included in moderated discussion panels. Friday Jon M. Garon, a nationally recog- the March 2011 issue night will be highlighted by a cocktail nized authority on intellectual property, of the Bench & Bar, reception and gala dinner at the joins the Chase faculty as a professor joins the Chase faculty Lexington Convention Center. Aside of law and director of Chase’s Law and as an assistant profes- from a $35 ticket for the gala dinner, all Informatics Institute. Garon received sor of law after of the symposium events are free and his B.A. from the University of David A. serving as a visiting open to the public. Registration for the Singleton Minnesota, Twin Cities, and his J.D. professor since 2007. event, a full schedule, and information

26 Bench & Bar September 2011 KENTUCKY BAR NEWS about parking and hotel accommoda- for tuition alone at another school. We their borrowers’ ability to repay home tions are available on the UK College of strive to offer financial aid to a signifi- loans. Mortgage eligibility often depends Law website at www.law.uky.edu/ cant number of our students. Enhancing on two debt-to-income ratios. The first symposium. Any questions about the private funds for student scholarships is of these ratios is the housing expense, or event can be directed to Amanda DeBord, a leading goal of annual fundraising and front-end, ratio. The front-end ratio communications director at the College of the University of Louisville’s ongoing shows how much of the borrower’s gross Law, at [email protected]. capital campaign, Charting Our Course. monthly income would go the entire Law school affordability, however, mortgage payment, including principal, hinges on more than tuition or even the interest, taxes, and insurance (PITI). University of full cost of attendance. Almost all stu- Many lenders cap the front-end ratio at Louisville dents borrow money in order to attend 28 percent. In other words, the monthly School of Law law school. Moreover, because legal payment on a house, including all com- education represents an investment in ponents of PITI, should not exceed 28 Can you afford to go to law school? future earning capacity, students would percent of gross monthly income. By Dean James Chen do well to assess their future ability to The back-end ratio, by contrast, y previous column, So you want to repay that debt through earnings in law- measures the total ratio of all debts to Mgo to law school, provided an related employment. gross income. It shows how much of informal introduction to law school Law student debt varies widely. It is the borrower’s gross income is commit- admissions. I now wish to complete the quite typical for our students to leave ted to retiring debt obligations, picture with a few thoughts about law law school with roughly $50,000 in debt including a mortgage, car loans, child school tuition, educational debt, and the from legal education alone. Students support and alimony, consumer debt, affordability of legal education. The with debt from their undergraduate and student loans. Most mortgage question is as crucial as it is simple: degrees may find themselves indebted lenders will not allow the back-end Can you afford to go to law school? as much as $75,000. We compare very ratio to exceed 36 percent. Law school tuition at the University favorably with private law schools, Lawyers’ salaries do vary. A prospec- of Louisville for academic year 2011-12 whose graduates routinely incur tive law student is well advised to be is projected to be $16,536 for Kentucky $100,000 or more in law school debt conservative in estimating future earn- residents and $31,948 for out-of-state alone. Total educational debt burdens ings. The National Association for Law students. We project the total cost of borne by students who have spent seven Placement estimates that recent law attendance for in-state students to be or more years in private universities can school graduates, nine months after $35,488. Out-of-state students can reach $150,000 or even $200,000. graduation, earn an average of $68,500, expect to pay $50,900 in total cost. To put these numbers in perspective, albeit less (roughly $50,000) in public The University of Louisville earned compare them to mortgages. Mortgage sector jobs. These are national figures; (and deserved) its designation as the lenders are quite vigilant about ensuring Kentucky public defenders, for instance, third-best value in preLaw Magazine’s 2010 survey of law schools. Many law schools charge well in excess of $40,000 for tuition, and some schools offer financial aid packages that are contingent on the maintenance of grade point averages that will fall, by the sim- Mediation Center/Business Consulting/Training Center ple mathematical realities of grade 1129 W. Lexington Avenue, Winchester, KY 40391 distributions, outside the reach of most Phone: 859-744-6399 students. At those schools, financial aid www.appalachianpeacecenter.com • [email protected] for many students is tantamount to a MEDIATION Services, 40 HR Mediation Training, Arbitration Services, Cooperative first-year discount, followed by a two- Parenting and Divorce Classes, Cooperative Parent and Divorce Leader Training, Bully NO MORE Workshops, Active Parenting 1, 2, 3, year commitment to pay full fare. and Step-Family Workshops… By any measure, the University of CALL for more information. Louisville offers a great bargain in legal education. A Kentuckian may well pay 2011 TRAINING DATES: *Family Mediation Training — October 27-30, 2011 less in tuition for an entire UofL law *General Mediation Training — December 2-5, 2011 degree than she or he would pay for a Experienced trainers and mediators, held over weekends single year at a private institution. 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September 2011 Bench & Bar 27 KENTUCKY BAR NEWS quite typically earn roughly $39,000 in years. Switching to the back-end ratio their first year on the job. I would coun- does very little to help this hypothetical Mediation: What’s sel any prospective law student to government lawyer; the educational debt project affordability at three different load leaves less than $120 per month Happening Now salary levels: $3,000, $4,000, and toward house payments. October 28, 2011 $5,000 in gross income per month. Perhaps the best way of assessing Robert F. Stephens Fayette These monthly levels correspond to law school affordability is to gauge the County Courthouse annual salaries of $36,000, $48,000, and ease (or difficulty) with which a young Lexington, KY $60,000, which are very realistic entry- lawyer can simultaneously defray edu- 7:45 a.m. – 12:30 p.m. level figures, respectively, for public cational debt and buy a house. Suppose sector work, law-related work in private that you hope to buy a house worth For more information contact the business, and private legal practice. $100,000 with 10 percent down and a Administrative Office of the Courts Repayment terms on law school 30-year mortgage. A fixed-rate 30-year at 502-573-2350 or loans vary widely, but it is far from rare mortgage can be had in today’s market [email protected]. for students to repay over a 25-year at 4.5 percent. A disciplined savings schedule (beginning with graduation) at plan of $100 month at 2 percent interest of $600. But $600 must cover PITI; cal- 6 percent interest. Students who have (probably the extreme upper bound on culating the principal-and-interest portion borrowed to finance an undergraduate return on cash savings) will generate alone will help us assess whether a degree and three years of legal study at $10,000 within eight years, with per- $100,000 house is in reach. If we the University of Louisville may well haps a little extra for moving expenses. assume, with good reason, that taxes and carry $75,000 in educational debt. At 6 Higher monthly savings and/or a insurance will represent roughly 20 per- percent fixed interest over 25 years, this greater return on savings will shorten cent of PITI, the principal-and-interest debt level generates a monthly payment that period. The question remains portion of a monthly mortgage payment of $483.23. If this loan payment went whether ongoing educational debt pay- will be $480 (80 percent of $600). A toward a mortgage instead of educa- ments will allow you to buy that $90,000 mortgage, repaid over 30 years tional debt, it would yield a front-end $100,000 house. at 4.5 percent interest, requires monthly ratio of 16.1 percent on $3,000 in Assume, conservatively, that you will amortization of $456. A total monthly monthly salary, 12.1 percent on $4,000, start at $36,000 per year and not receive payment of $570, covering all aspects of and 9.7 percent on $5,000. raises beyond the background inflation PITI, brings total debt service to $1053 The front-end ratio shows the impor- rate. When you apply for your mortgage, per month. The resulting back-end ratio tance of the lower tuition and lower debt your back-end ratio must not exceed 36 is 35.1 percent, a mere hair under the 36 load borne by University of Louisville percent of $3,000, which translates to a percent threshold. graduates. If she or he had attended pri- ceiling of $1,080 on all debt. The pro- The bottom line is positive, but pre- vate schools throughout the course of jected $483.23 monthly payment on cariously so. The relatively low cost of higher education, the same public $75,000 in educational debt leaves just legal education at the University of defender earning $3,000 before taxes under $600 in additional indebtedness. Louisville — as recognized by preLaw each month would face a crushing 32.2 ($3,000 times 36 percent, minus $483.23, Magazine’s designation of the UofL as percent front-end ratio on the $966.45 yields $596.77.) My hypothetical public the third-best value among American monthly payment needed to retire defender earning $36,000 a year can just law schools — does enable a young $150,000 in educational debt over 25 barely afford monthly housing payments lawyer who earns $36,000 per year to own a $100,000 home. It is a dream that Forensic Psychology Services cannot happen for a similarly situated graduate from a private school; six-digit Harwell F. Smith Ph.D. educational debt will extinguish this • CRIMINAL RESPONSIBILITY dream. But the margin for my hypotheti- • COMPETENCE TO STAND TRIAL cal UofL graduate is razor-thin, and even • PERSONAL INJURY EVALUATIONS the slightest disturbance in the economic • INDEPENDENT PSYCHOLOGICAL EVALUATION assumptions that make this story possi- • DISABILITY EVALUATIONS ble (such as the realization of consumer • EXPERT OPINION OFFERED TO DEFENSE OR PROSECUTION debt or family law obligations) will push 30 years experience. this dream that much closer to the brink. Over 50 court appearances. It will take continued commitment by Special interest in criminal cases involving mental condition at the the University of Louisville to keep law time of the incident — performed more than 500 of these evaluations. school affordable and to keep the dream Board Certified of a good, complete life within the reach 859.276.1836 • 2201 Regency Rd. #501 • Lexington, KY 40503 Clinical Psychologist of all our graduates.

28 Bench & Bar September 2011 KENTUCKY BAR NEWS Sponsors, Participants Needed for “Why Choose Law: Diversity Matters” Program he KBA’s Young Lawyers Section encourages attorneys of Tall ages to become involved in the sponsorship of its “Why Choose Law: Diversity Matters” program aimed at encouraging young people from diverse backgrounds to become lawyers and to practice in the Commonwealth. The day-long event is scheduled for June 5, 2012, in Louisville, the day prior to KBA Annual Convention scheduled for June 6-8, 2012, at the Galt House in Louisville.

Event organizers welcome: • Sponsors for student participation ($150); • Hosts or sponsors for an individual portion of the agenda, including lunch, a tour of a law firm or transportation; Six Kentucky high school students recently participated in the “Why • Suggestions for students interested in participating in the Choose Law: Diversity Matters” program sponsored by the Kentucky Bar Association (KBA) and its Young Lawyers Section (YLS). They are, program from each of the seven Supreme Court Districts; from left to right, Rachel Cunningham, Maysville; Justice Morton, and, Maysville; Roshan Palli, Lexington; Kyle Lightfoot, Frankfort; Arion • Presenters for the event, including state and federal judges; Wright, Lexington; and Trina Thomas, Lexington. law professors; and attorneys for panels and presentations to discuss the diverse professions within the practice of law, with an opportunity to learn about the state and federal what it is like being a judge, and the law school experience. court systems; participate as a jury in a mock trial demon- stration; tour large and small law firms; and hear a panel of The “Why Choose Law: Diversity Matters” program was practitioners discuss what it is like to practice law. created to promote interest among students who belong to Presenters included both federal and state judges and groups typically underrepresented in law school classes, lawyers. including racial and ethnic minorities and those with varied For more information, contact Adrienne Godfrey Thakur, religious, socio-economic, and sexual orientation YLS Secretary/Treasurer, at [email protected] or (859) backgrounds. The annual program provides the students 253-1320.

SUMMARY OF MINUTES Bryant of Owensboro, Steve Langford ■ KBA BOARD OF GOVERNORS of Louisville, Roger Rolfes of In Memoriam MEETING Covington and Dr. Robert Strode of Melissa G. Ash Louisville JUNE 14, 2011 Frankfort, non-lawyer members serv- Thomas William Beiting Newport ing on the Board pursuant to SCR Paul Edgar Braden Corbin The Board of Governors met on 3.375, participated in the deliberations. Gerald E. Cahill Prospect Tuesday, June 14, 2011. Officers and John David Cooley Lexington Bar Governors in attendance were, In Regular Session, the Board of President B. Davis; President-Elect Governors conducted the following Wilburn Kermit Debruler Edmond M. Keane; Vice President D. Myers; business: Gerald L. Greene Pineville Immediate Past President C. English, • Approved the Consent Calendar. Joseph R. Huddleston Bowling Green Jr. Bar Governors 1st District – J. • Approved the FY 2011-2012 KBA Glenn McDonald Prospect Freed, S. Jaggers; Bar Governors 2nd Staff Salaries. Leroy Wesley Rowland Versailles District – J. Harris, R. Sullivan; 3rd Robert E. Ruberg Fort Wright District – R. Hay, G. Wilson; 4th Mark Thomas Scott Brandenburg District – D. Ballantine, D. Farnsley; To KBA Members S. Russell Smith Jr. Louisville 5th District – A. Britton, F. Fugazzi, Do you have a matter to discuss William W Stodghill Prospect Jr.; 6th District – T. Rouse; and 7th with the KBA’s Board of Governors? Carl L. Wedekind Jr. Louisville District – B. Rowe. Officers and Bar Board meetings are scheduled on Joseph A. Worthington Louisville Governors absent were: Young November 18-19, 2011 Lawyers Section Chair N. Billings, D. January 20-21, 2012 Kramer and W. Wilhoit. To schedule a time on the Board’s agenda at one of these meetings, please contact In Executive Session, the Board con- John Meyers or Melissa Blackwell CLICK sidered two (2) oral arguments and at (502) 564-3795. two (2) restoration cases. Malcolm www.kybar.org

September 2011 Bench & Bar 29 KENTUCKY BAR NEWS Registration Continues for Kentucky Law Update The KBA’s popular Kentucky Law Update (KLU) program continues with several dates remaining for 2011, including: • Owensboro, RiverPark Center, Sept. 20-21; • Ashland, Bellefonte Pavilion Theatre, Sept. 27-28; • Gilbertsville, Kentucky Dam Village State Resort Park, Oct. 4-5; • Prestonsburg, Jenny Wiley State Resort Park, Oct. 18-19; • Lexington, Lexington Convention Center, Oct. 25-26; • London, London Community Center, Nov. 2-3; • Louisville, Kentucky International Convention Center, Nov. 30-Dec. 1. KLU is a unique benefit of KBA membership; Kentucky is the only mandatory CLE state that provides its members with a means of meeting their mandatory CLE hours, including ethics, close to home and without additional payment. KLU programs are offered in nine locations through- out the state each year, with programs recently offered for 2011 in Covington and Bowling Green. Designed as a service for all KBA members, regardless of level of State Rep. Arnold Simpson, left, and Jeff Sanders, both of Covington, visit during the recent KLU at the Northern Kentucky experience, KLU provides an overview of current legal issues, ethical Convention Center. issues, legislative and rule changes, court decisions and other legal top- ics of general interest which are faced by Kentucky practitioners. For more information on KLU, visit or contact Jennifer Keitz at [email protected] or call (502) 564-3795, ext. 226.

From left, retired Franklin Circuit Court Judge Roger Crittenden, Chief Justice John D. Minton, Jr., and ABA President Wm. T. (Bill) Robinson III attend a reception held in Richard A. Setterberg of Cincinnati Kentucky Court of Appeals Judge Robinson’s honor at the Marriott RiverCenter following the discusses different scenarios that can Michelle M. Keller provides an update Covington KLU. The reception was sponsored by the Northern create ethical and malpractice issues on recent cases during the Kentucky Ky. Bar Association, the Ky. Bar Association and the Lawyers during the recent KLU program. Law Update in Covington. Mutual Insurance Co. of Kentucky. The Louisville Bar Association to Celebrate Pro Bono The Louisville Bar Association (LBA) will be hosting its 3rd information, contact Kate Lindsay, at [email protected] or by Celebrate Pro Bono Week October 24-28, 2011. The LBA takes phone 502.292.6729. this special time to recognize all their vol- unteers and their donated legal services to Additional Pro Bono Events Sponsored by the Louisville Pro Bono Consortium help those who cannot afford an attorney. • October 4—Expungement Clinic, 2:00 p.m. at Legal Aid Society Volunteer opportunities will be available • October 18 —Call-A-Lawyer, 6:00 p.m. until 8:00 p.m. at the LBA—free pizza included during the whole month of October (see • October 14 & 28 —Pro Se Divorce Clinic, 10:00 a.m. until 12:00 noon box) and will culminate in special events at the Judicial Center—7th & Jefferson during the week of October 24. Just a little • October 23 —Latino Legal Clinic, 2:30 to 4:30 p.m., Beechmont Presbyterian Church • Every Tuesday in October—Foreclosure Clinic, 11:00 a.m. at Legal Aid Society time can make a huge difference. For more 22nd Annual Pike County Bar Association Seminar The Pike County Bar Association held its 22nd annual Continuing Legal Education Seminar at the Hilton in Myrtle Beach, SC on July 20 to July 22, 2011. The seminar was free and open to all members of the Kentucky Bar Association. Attorneys from Pike, Floyd, Johnson, Martin, Fayette, and Jefferson Counties attended the seminar this year. Attendees were able to obtain up to 11.5 hours of contin- uing legal education credit, including 2 hours of ethics credit. Next year’s seminar is tentatively scheduled for July 18 to July 20, 2012.

30 Bench & Bar September 2011 THE KENTUCKY BAR FOUNDATION SALUTES ALL FELLOWS Thank you for the tremendous support you have provided toward our many programs and projects. Albany KY Paul Thomas Lawless Michael J O’Hara Fort Mitchell KY Larry D Garmon Luther C Conner Jr Kurt William Maier William C Oldfield* Albert C Hawes Jr* Betty Reece Herbert Timothy L Mauldin Ron Parry Martin J Huelsmann Hiram J Herbert Jr Ashland KY Christopher D Minix Roger Peterman James R Kruer Phillip R Patton Stephen S Burchett John D Minton Jr Debra Seitz Pleatman Kevin Luke Murphy Carroll M Redford Jr* James E Cleveland III Frank Hampton Moore Jr Leonard G Rowekamp Michael James Schulte John Caldwell Rogers Mark E Greene William J Parker* Donald J Ruberg E P Barlow Ropp Roger W Hall H Harris Pepper Jr Michael K Ruberg Fort Thomas KY Catherine C Hughes Whayne C Priest Jr Robert E Sanders J David Bender Glenview KY W H Jones Jr Ryan Clifford Reed David A Schneider Donald L Johnson* Virginia C Burbank* Harold E Kelley* William Joseph Rudloff Wilfrid A Schroder Kurt J Meier Sara Beth Klein Elizabeth W Sigler Gary John Sergent Grayson KY Thomas Louis Klein George E Strickler Jr Michael M Sketch Fort Wright KY Robert L Caummisar David F Latherow Linda Bernice Thomas David B Sloan John R Kummer William Horton Wilhoit Richard W Martin Steven O Thornton Donald L Stepner Raymond E Lape Jr Arloe W Mayne* James Brent Travelsted Beverly R Storm Robert E Ruberg* Greensburg KY Gregory L Monge Penny Travelsted* Philip Taliaferro III Paul J Schachter William Colvin Howard Van Antwerp Michael Scott Vitale Richard E Wentz David O Welch Donald C Wintersheimer Frankfort KY Greenup KY Robert E Wheeler Cadiz KY Stephen D Wolnitzek William C Ayer Jr John R McGinnis Kenneth Williams Jr Frank H Wilcox Jr* Robert C Ziegler Mark Alan Bubenzer Clarence A Woodall III Wilbert Louis Ziegler Robert V Bullock Greenville KY Barbourville KY John Francis Burnette L Wayne Cisney* John E Anderson Campbellsville KY Crescent Springs KY Morris E Burton L Wayne Cisney Jr Samuel E Davies Amy Sullivan Anderson Jennifer M Gatherwright M Ronald Christopher William P Donan* Guy Millward Jr George Barry Bertram Martin J Horwitz* Roger L Crittenden John D Bertram Marie Alagia Cull Hardinsburg KY Bardstown KY Phil A Bertram Crestview Hills KY Gregory C Fuchs Thomas C Brite Michael E Coen David A Nunery David V Kramer Charles R Geveden Thomas A Donan Connie Sue Sullivan Linda Ann Gosnell Hartford KY Terry Lane Geoghegan Danville KY William L Graham Abram V Conway E E Hubbard* Carrollton KY Deedra Benthall Geoffrey B Greenawalt John D Hubbard Ruth Helen Baxter Merle C Clark Richard M Guarnieri Hazard KY Mark Lewis Morgan Robert M Hardy Jr Jeffrey Reed Morgan Beattyville KY Catlettsburg KY Eugene B Pflughaupt Paul C Harnice Thomas Pryse Jones Daniel King III William G Hart Jr Henderson KY Dry Ridge KY Michael Lee Hawkins Charles D Deep Benton KY Corbin KY Thomas C Smith Marian J Hayden William M Deep Sr* George E Long II J B Johnson Jr Sarah Mindwell Jackson Frank N King Jr Marvin C Prince* David Barry Jorjani Edgewood KY Joseph Russell Johnson Henry C Neel* Howard Oliver Mann Harry David Rankin William E Johnson Elizabeth E Vaughn Bloomfield KY Michael L Judy* Peggy E Patterson Covington KY Elizabethtown KY Robert W Kellerman Highland Heights KY Mark G Arnzen Reford H Coleman William D Kirkland Gerard A St Amand Bowling Green KY Joseph L Baker William S Cooper Erwin Wayne Lewis David F Broderick Karen Burris Baker Roger Taylor Rigney Samuel Gray McNamara Hindman KY Ruth Taylor Broderick Gregory M Bartlett John Scott Mello Gary I Conley Kevin C Brooks William O Bertelsman Erlanger KY John Downing Meyers James David Bryant* William H Bixler* Kathleen Susan Lape Robert C Moore Hodgenville KY Dwight Montae Burton Barbara D Bonar Thomas L Rouse Carol M Palmore Damon R Talley Joe B Campbell John A Bonar John S Palmore Jr Keith M Carwell Martin Columb Butler Flatwoods KY John C Ryan Hopkinsville KY John D Cole Mary Suzanne Cassidy Thomas Cody Wales Richard S Taylor William G Deatherage Jr Matthew Porter Cook Richard A Cullison J Guthrie True Ben S Fletcher III Scott K Crocker William J Deupree Jr* Flemingsburg KY David Holland Vance Ken Ray Haggard Barton David Darrell William J Deupree III William Todd Walton II Dandridge F Walton J Daniel Kemp Steve Downey Michael Allen Duncan Thomas Dawson Wingate W Douglas Myers Timothy L Edelen Sharon S Elliston Florence KY Selden Y Trimble IV* Charles E English Lori Jean Fields Jeffrey Robert Aylor Georgetown KY Paul K Turner* Charles E English Jr John William Foote Joseph F Bamberger Robert H Cornett Douglas Wayne Gott Margo L Grubbs William J Kathman Jr Frances Marie Geralds Horse Cave KY Norman E Harned David Lewis Hausrath William Taylor Robinson III David L Knox Robert B Hensley* Catherine Rice Holderfield Mary Kathleen Molloy H Douglas Rouse Robert Dewitt Johnston Thomas R Nienaber Tasha Kay Scott Glasgow KY Hyden KY Robert H Johnston III James A Nolan* H Lawson Walker II Uhel O Barrickman* Leonard H Brashear Scott Donald Laufenberg John J O’Hara* Henry H Dickinson*

September 2011 Bench & Bar 31 Jackson KY William H Fortune George F Rabe Robert W Dyche III Henry R Heyburn* Frank Allen Fletcher Carl Norman Frazier Marco Mike Rajkovich Jr Felix Preston Farmer John G Heyburn II Fred E Fugazzi Jr Maria G Ransdell V Katie Gilliam Sheila P Hiestand Jamestown KY Jim Gardner James Brian Ratliff Brian Carter House Gary Robert Hillerich Robert L Bertram William R Garmer Nancy T Ray John Warren Keller Ronald P Hillerich Jeffrey Hall Hoover Julie Muth Goodman Barbara S Rea* McKinnley Morgan Frank P Hilliard Mildred Gail Wilson Jane E Graham Carroll Morris Redford III Clayton O Oswald Robert C Hobson* Richard G Griffith John Regan Rhorer Jr Hugh M Richards Elizabeth M Jenkins LaCenter KY Alison Lundergan Grimes William Brent Rice Marcia Milby Ridings A Thomas Johnson Mark Stephen Medlin John T Hamilton Henry C T Richmond III Warren N Scoville David Seth Kaplan Kathleen M W Harris Larry S Roberts James R Stansbury Joseph J Kaplan* LaGrange KY William S Harris Jr John M Rogers Roy W Tooms Margaret E Keane Robert E McBeath C Edward Hastie Jill Hall Rose Charles Dant Kearns* Lionel A Hawse Leslie Rosenbaum Louisville KY Edward Michael King Lakeside Park KY Dale W Henley Martha Alice Rosenberg Edward C Airhart Nicholas N King Daniel J Zalla George Edward Henry II Calvert T Roszell D Paul Alagia Jr William Lee Knopf Kevin G Henry Arthur B Rouse Jr* Kenneth Lee Anderson Robert Allen Kohn Lawrenceburg KY William R Hilliard Jr Stephen M Ruschell Kathryn Ross Arterberry Eric M Lamb George M Geoghegan Jr Lisa English Hinkle Kathryn W Ryan John A Bahe Jr William W Lawrence Paul C Hobbs* Joshua E Santana Douglas Cain Ballantine Laramie L Leatherman* Lebanon KY Warren J Hoffmann Joe C Savage John Tilden Ballantine Marc H Levy Elmer J George Richard M Hopgood Joseph M Scott Jr W Robinson Beard Barbara B Lewis Joseph H Mattingly III Glenn Allen Hoskins Phillip D Scott Jeffrey A Been Jeremiah A Lloyd* Robert F Houlihan Jr Billy Ray Shelton William A Blodgett Jr Kristin N Logan Ledbetter KY Elizabeth Snow Hughes Weldon Shouse* Morris B Borowitz* Jane Long Terry Wells John Granville Irvin Jr William C Shouse Robert G Breetz John M Longmeyer Sheila R Isaac Ronald Neal Simon David C Brown Allison J Maggiolo Leitchfield KY Lisa Lee Johnson Thomas Bruce Simpson Jr Alan O Bryant Armer H Mahan Jr David B Vickery Ernest H Jones II Herbert D Sledd Bradley A Case Samuel Manly Louis Kawaja Carson W Smith Joseph L Cashen John R Martin Jr Lexington KY John Clarke Keller Perry N Southard Charles H Cassis William E McAnulty Jr* Arthur E Abshire James Michael Kennedy Richard W Spears* Charles S Cassis* Patrick S McElhone Glenn Earl Acree Carolyn Lips Kenton Andrew Martin Stephens John Gregory Catron Lawrence K McElwain* John R Adams Ben Lee Kessinger Jr Robert F Stephens* Leonard S Chauvin Jr William F McMurry Stephen G Amato Shelby C Kinkead Jr Robert L Swisher Dennis M Clare Henry Meigs II Glen S Bagby Henry E Kinser John Scott Talbott III Richard H C Clay Francis J Mellen Jr Bennett E Bayer Charles Landrum Jr* Joseph H Terry Robert H Compton Creighton E Mershon Winifred B Becker Robert Gene Lawson Adrienne A Thakur Stewart E Conner David R Monohan A Stuart Bennett Virginia Lue Lawson William P Thurman Jr Francis Thomas Conway Elmer E Morgan* Perry Mack Bentley R David Lester James M Todd Brian D Cook Gerald A Neal John Nathanael Billings Rufus Lisle* Jerry D Truitt Frederic J Cowan Joseph C O’Bryan Anita Mae Britton Bernard F Lovely Jr Robert J Turley Donald L Cox Michael J O’Connell Robert J Brown D G Lynn* Job D Turner III Charles J Cronan IV Dulaney Lee O’Roark Jr William Rodes Brown Mary Kathryn Manis Walter W Turner John R Cummins Ann B Oldfather Wayne Bunch Lucinda Cronin Masterton Richard H Underwood Mark B Davis Jr John S Osborn Jr Wayne Thomas Bunch II William H McCann Paul C Van Booven* William W Davis Peter Ostermiller Thomas H Burnett Denise Hough McClelland Palmer Gene Vance II Joseph M Day William R Patterson Jr Karen Caldwell Thomas A McConnell Laurance B VanMeter Frank P Doheny Jr Edwin H Perry John Melvin Camenisch Jr Roy B McCoy Jr Lucy Bryans VanMeter* A Robert Doll* Glenn A Price Jr Rutheford B Campbell Jr Douglas L McSwain Richard Elgin Vimont Robert L Durning Jr Rebekkah Bravo Rechter Deno C Capello Jr Mendel Austin Mehr Leslie P Vose Marshall P Eldred Jr Henry M Reed III Christopher R Cashen Charles C Mihalek Donald D Waggener Linda S Ewald John S Reed II Stanton L Cave Daniel Harlan Miller Dana Walton-Macaulay Robert Charles Ewald Albert F Reutlinger* Masten Childers II Margaret Ann Miller Robert M Watt III Douglass Farnsley Charles E Ricketts Jr Robert D Clark Stephen D Milner Harold Roy Weinberg Thomas Wesley Faulkner Jonathan S Ricketts James C Clay Donald P Moloney II Linsey Walker West Thomas L Ferreri Michael D Risley Guy R Colson Phillip M Moloney Jackson W White Jon L Fleischaker Don W F Rodgers C Kilmer Combs* Leslie W Morris II* Frederick W Whiteside Jr* Dawn Rachele Franklin Laura Rothstein Allison Inez Connelly Gordon W Moss Timothy C Wills Larry B Franklin Arthur Adams Rouse Thomas M Cooper Mark E Nichols Natalie S Wilson Ronald L Gaffney William Paul Ryan Jr Theodore Emens Cowen Eileen M O’Brien Jo Ann Wise Sheldon G Gilman George Salem Jr* Laura Anne D’Angelo Stephen M O’Brien III Catesby Woodford Charles E Glasscock Glenn L Schilling Bruce K Davis Kimberly Jean O’Donnell Jeff A Woods Charles D Greenwell John Edmund Selent Sandra Mendez Dawahare Carol B Paisley Joseph J Zaluski William D Grubbs James Marion Shake James Lee Deckard Lewis G Paisley Asa P Gullett III Richard D Shapero* Larry Colby Deener Charles E Palmer Jr London KY Kevin J Hable Wm Kennedy Simpson Laura Day DelCotto Gregory Paul Parsons Bruce Russell Bentley Frank E Haddad Jr* Leroy E Sitlinger Jr Jacqueline S Duncan L Edwin Paulson Jr Bradford L Breeding Robert Haddad Alan T Slyn* Robert F Duncan Marshall S Peace Martha Lynne Brown Michael R Hance John L Smith Barbara B Edelman Peter Perlman Michael Odell Caperton James E Hargrove Raymond G Smith James Derriel Elam J David Porter Robert E Cato* Fred Hatmaker S Russell Smith Jr* Robert L Elliott Jerome Park Prather Bridget Leigh Dunaway Kenneth G Haynes Sheryl G Snyder Edward L Farmer Jr David F Pratt Jane Winkler Dyche Joseph B Helm Dennis James Stilger

32 Bench & Bar September 2011 John H Stites III Charles M Dixon Henry O Whitlow* Richmond KY Villa Hills KY Joseph E Stopher* Howard Neal Downing Mark C Whitlow James Walter Baechtold Kathie E Grisham R James Straus Brian Thomas Goettl Melissa Kerley Yates David L Bohannon Dennis W VanHouten* William C Travis David R Irvin James S Chenault Donald H Vish David Russell Marshall Paintsville KY Michael R Eaves Walton KY Jeffrey E Wallace Ellen Lesley Miller Donald L Jones Barbara Alison Emmons John R S Brooking* David L Waterman* Mark Thomas Miller Jonathan C Shaw Michael F Eubanks Irwin Gerald Waterman William E Savage II Paris KY James T Gilbert Warsaw KY Alvin D Wax Bruce E Smith G Davis Wilson Jerry William Gilbert Meredith L Lawrence Robert Kent Westberry David William Thomas William Baxter Jennings* Joseph L White John Matthew Tranter Park Hills KY William T Jennings Wickliffe KY Helene Gordon Williams Benjamin M Duncan Susan Dabney Luxon William Lewis Shadoan* Lively M Wilson* Owensboro KY John Judson Patterson Laurence John Zielke Frank Anthony Brancato Pewee Valley KY Gregory Keith Puckett Williamsburg KY Daniel M Burlew II M Gene Snyder* Mark Allen Shepherd Benjamin K Davis Madisonville KY Joseph W Castlen III Daniel Allen Simons Dick Adams* Candy Yarbray Englebert Pikeville KY James E Thompson Winchester KY Joe A Evans III William J Foreman Edward B Atkins Reuben G Walker Jr William R Pumphrey Richard L Frymire Jr James F Gordon Jr Charles J Baird C Michael Weldon John H Rompf Jr Leif Christian Ratliff John Sale Gordon David Louis Baird Robert L Rose Ross Thomas Turner* Julia H Gordon John H Baird Shelbyville KY Thomas E Turner Maurice K Gordon II Virginia Kirk Baird Gregg Y Neal Out of State Allen W Holbrook William J Baird III Anne N Awtrey Manchester KY Morton J Holbrook Jr* William Jesse Baird IV Shepherdsville KY Michael H Baker Roy Glenn Collins Edward L Johnson Sam Allen Carter Jr Thomas B Givhan Jeffrey Scott Bakst Robert S Madden Trafton Tommy Littlepage Donald Howard Combs Elise Givhan Spainhour David Leo Beckman Jr Phyllis L Robinson Thomas J Meyer Robert Paul Combs John E Spainhour Jr Ann K Benfield Charles E Moore Steven Daniel Combs Howard C Berry Mayfield KY Jesse T Mountjoy Jeffrey Dale Damron Somerset KY John H Burrus David Lee Hargrove Jean Owen-Miller Russell H Davis Jr Charles C Adams* Charles R Burton R Scott Plain Howard Keith Hall Norma B Adams James D Chittenden* Maysville KY John W Stevenson James Lincoln Hamilton Elizabeth K Broyles Nancy Jo Cotton Delores Woods Baker R Michael Sullivan Glenn Martin Hammond William T Cain Benjamin Cowgill James L Clarke Ronald Michael Sullivan Anita Parsons Johnson Melinda G Dalton Robert I Cusick Jr Charles L Kirk* Jeffrey Stuart Taylor Gary C Johnson John Sanders Gillum Herman G Dotson* Debra Suann Rigg George Thacker Edward Lee Jones Robert E Gillum* Diana Kay Douglas Ronald Lee Rigg James Simpson Watson Paul E Jones Benny E Ham* Henry Durham James A Wethington II Lois Anita Kitts Rhonda G Hatfield-Jeffers Thomas Lee Feazell McKee KY William L Wilson* James Scott Kreutzer Richard Wayne Hay Manley N Feinberg Sharon Kay Allen David L Yewell Neal Smith Arden Winter Huff Gordon B Finley Jr Jonah Lee Stevens Mark D Knight Christy Lynn Fiori Middlesboro KY Paducah KY Daniel P Stratton Sarah Hay Knight Robert E Harding Jr* Glenn W Denham* Stacey Ann Blankenship David C Stratton Jay D McShurley James G Harralson David C Booth Jim G Vanover Donald Bruce Orwin James D Heiple Monticello KY James D Boswell Terri Smith Walters Brenda Popplewell James W Hendricks* Jeffrey Carl Hoehler Gorman Bradley Jr Lawrence R Webster John G Prather Jr Lanny R Holbrook Mark P Bryant Larry Sword Eric Scott Horstmeyer Morganfield KY Glenn David Denton Pineville KY Daniel J Venters Elizabeth Ann Horwitz Brucie W Moore W David Denton Stephen C Cawood Jane Adams Venters Harold K Huddleston J Quentin Wesley Lisa Hayden Emmons Gregory A Keyser Jonathan Freed Prestonsburg KY Stamping Ground KY Harry M Mack* Mount Vernon KY Edwin Spivey Gault William G Francis David C Short John Scott McGaw* Jeffrey Thomas Burdette Francis T Goheen* William S Kendrick Elizabeth U Mendel Carl R Clontz John Wm (Bill) Graves Earl Martin McGuire Stanford KY John Lewis D Payne Jr Willis G Coffey Gary B Houston Benita Joy Riley Robert R Baker Alice Graham Rhodes Jerry J Cox J William Howerton John M Rosenberg James W Williams III* George D Schrader William D Gregory Theodore S Hutchins Robert Allen Rowe Jr David V Scott Joseph E Lambert David Lyle Kelly Thomas M Smith Union KY James J Shannon Jr William Darlos Reynolds Thomas J Keuler Burl W Spurlock Anthony W Frohlich Robert E Spurlin L Daniel Key David Wayne Martin R Lee Steers Jr Murray KY Len W Ogden Jr Princeton KY Henry L Stephens Jr James Gordon Stephenson Gerald Lynn Bell Thomas L Osborne Bill Cunningham Richard P Thomas William Donald Overbey* William E Pinkston J Luke Quertermous Versailles KY Frank C Woodside III Jonathan D Pitchford Janis Elaine Clark Newport KY Emily M W Roark Prospect KY Marilyn S Daniel *Deceased Fellow Steven Joseph Franzen Richard C Roberts Phillip E Allen* Todd S Horstmeyer John E Lange III Thomas B Russell Raymond M Burse William A Hoskins III Scott D McMurray Charles A Saladino* John E Clontz Colvin P Rouse Sr* Virginia J Southgate William Kevin Shannon James Dedman Rouse G David Sparks Radcliff KY Leroy Wesley Rowland* Nicholasville KY E Frederick Straub Jr Raymond T Bennett Julia Kurtz Tackett William Miles Arvin Richard L Walter Elizabeth J Turley William Miles Arvin Jr B M Westberry*

September 2011 Bench & Bar 33 WHO, WHAT, WHEN & WHERE ON THE MOVE ters and fraud. She has staff attorney with the Commonwealth expertise in white-col- of Kentucky Judiciary and will practice Frost Brown Todd LLC is pleased to lar criminal defense in the areas of personal injury litigation, announce Brian S. Duba has rejoined including criminal tax. construction litigation, commercial liti- the firm as a senior associate in the She also practices gation, business law and real estate law. Business Combinations & Securities state and local tax law Practice Group. Duba formerly prac- including audits, col- Fisher & Phillips LLP, a national labor ticed at Frost Brown Todd from 2005- lection matters and and employment law firm, announces 2010, before leaving to act as in-house Joy Hall disputes. Hall is a that Wendy Hyland has joined the counsel at Employee Resource Group in member of the follow- firm’s Louisville office as Of Counsel. Hazard, Ky. He concentrates in the area ing organizations: Kentucky Bar She represents employers in all aspects of general corporate law and has Association; Northern Kentucky Bar of employment law, handling claims assisted clients in investigating, docu- Association; Cincinnati Bar Association; involving the full complement of menting and executing private equity American Bar Association Tax Group employment statutes, including the offerings, mergers, equity interest sales, and the Northern Kentucky Tax and Americans With Disabilities Act, the asset sales, debt financings and other Business Group. Family and Medical Leave Act, Title VII business transactions including commer- of the Civil Rights Act, the Age cial and mineral leases and other pur- The law firm of Discrimination in Employment Act, the chase, sales and distributorship O’Bryan, Brown & Kentucky Civil Rights Act, and related agreements. Duba received his law Toner, PLLC, is tort and contract claims. She is a mem- degree from the University of Kentucky pleased to announce ber of the University of Kentucky Law College of Law in 2005 and he received that Kristie Alfred Alumni Board of Directors. In law his undergraduate degree summa cum Daugherty has joined school, Hyland was a member of the laude in accounting from the University their Louisville office Kentucky Law Journal. Prior to entering of Kentucky in 2002. as an associate attor- private practice, Hyland completed a Kristie A. ney. Daugherty clerkship with the Kentucky Supreme Fultz Maddox Daugherty attended Western Court, Honorable James E. Keller (Ret.). Hovious & Dickens Kentucky University PLC is pleased to and graduated summa cum laude in L. Reed Lorch has announce that 2003 with a B.A. in political science. In joined the Becker Christine A. 2006, she received her J.D. from the Law Office as an Sebourne has joined University of Kentucky College of Law. associate attorney in the firm as an associ- Daugherty is a member of the Jefferson the Lexington office. ate and will maintain County Women Lawyers Association, His past experience Christine A. her practice in com- currently serving as vice president of inside an insurance Sebourne mercial litigation. membership, and she is a board member company provides Sebourn spent the first of Exploited Children’s Help L. Reed Lorch valuable perspective two years of her legal practice as a gen- Organization (ECHO). Her primary on all areas of personal eral litigation associate at a large inter- areas of practice at O’Bryan, Brown & injury law. Lorch earned his undergradu- national law firm in New York City, Toner include insurance defense litiga- ate degree at the University of Kentucky where she worked on a range of tion cases involving matters of medical and his law degree from Northern antitrust, securities, and other complex malpractice, tort claims, product liabil- Kentucky University Salmon P. Chase commercial litigation matters. She then ity, and insurance coverage. College of Law. served for two years as a law clerk to the Honorable Faith S. Hochberg of the Lucas A. Davidson Littler Mendelson, United States District Court for the has joined the law P.S.C. (Littler), the District of New Jersey in Newark. firm Kerrick Stivers nation’s largest Sebourne is a graduate of the Dartmouth Coyle, PLLC, as an employment and labor College and earned her J.D. from associate in the law firm representing Stanford Law School in 2006. Bowling Green office. management, has Davidson obtained his added Christi R. Lee Strauss & Troy is pleased to announce law degree from the as an associate to the the addition of Joy L. Hall as an associ- Lucas A. Davidson University of Christi R. Lee firm. Lee joins ate at the firm. Hall brings nearly 10 Louisville Louis D. Littler’s expanding years of practice to the firm with a con- Brandeis School of Law and his B.A. Kentucky office, located in Lexington, centration in federal, state and local tax from Western Kentucky University. and servicing businesses throughout the issues including audits, collection mat- Davidson comes to the firm as a former state. Lee brings with her successful liti- 34 Bench & Bar September 2011 WHO, WHAT, WHEN & WHERE gation experience representing clients advisory services for a global account- business and probate litigation. Curry before administrative agencies, and in ing firm in Washington, D.C., and was has practiced law in Kentucky since both state and federal courts. Prior to the legislative correspondent for former 1968, after graduating from the joining Littler, she practiced with Congressman Ken Lucas. She also has University of Kentucky College of Law. Jackson Kelly PLLC, where she focused several years of experience in litiga- He is a member of the Fayette County on civil litigation defense, as well as tion. Roettger received her bachelor’s Bar Association, the Kentucky Bar employment law. Lee also served as law degree in accounting from the Association and its probate and civil lit- clerk to the Honorable Karen K. University of Kentucky and her law igation sections. Caldwell, United States District Judge, degree from The Catholic University of Eastern District of Kentucky. Lee America, Columbus School of Law Goldberg Simpson is received her J.D. from the University of where she received the Dean’s Award pleased to announce Kentucky College of Law and B.A. for her work in the Tax Law Society. that Kelley Rule has from the University of Kentucky. Roettger is a member of the Kentucky joined the firm as an and Ohio Bar Associations and is also associate in the Frost Brown Todd LLC welcomes two a Certified Public Accountant in the Insurance Defense new attorneys into the Louisville office. Commonwealths of Virginia and and General Michael Hearon and James B. Kentucky. Litigation Practice Metzger, Jr., have joined the firm in the Kelley Rule Group. Rule gradu- Insurance & Tort Defense Practice Miller Wells PLLC is ated from Berea Group. Hearon formerly practiced at pleased to announce College with a B.A. in German and his- Frost Brown Todd from 2006-2009, that Casey L. Hinkle tory, from the University of Kentucky before pursuing his Master of business has joined its with a Master’s of Arts in German, and administration at Georgetown Louisville office as an from Eastern Kentucky University with University. Hearon received his law associate, after prac- a Master’s of Science in criminal jus- degree from the University of Kentucky ticing for five years in tice. She graduated from Northern College of Law, where he was a mem- the New York office Kentucky University Salmon P. Chase ber of the Journal of Natural Resources Casey L. Hinkle of Latham & Watkins College of Law in 2003, and was admit- and Environmental Law. Prior to gradu- LLP. Hinkle is a grad- ted to the Kentucky Bar in 2004. ating law school, he served as intern for uate of the University of Louisville Chief Justice Joseph Lambert and the Louis D. Brandeis School of Law and Debra L. Broz Supreme Court of Kentucky. Metzger Cornell University Law School, where Attorneys-at-Law, joins the firm as an associate and gradu- she was an editor of the Journal of Law PLC, is pleased to ated from the University of Kentucky and Public Policy. While at Latham, announce that College of Law in 2009, where he was a Hinkle handled a wide range of com- Darren K. Mexic has member of the Kentucky Law Journal plex civil and criminal litigation mat- been named partner. and the Moot Court National Team. He ters, including securities litigation, Mexic has been an was also a Law Clerk to Deputy Chief contract matters, professional liability associate with the Justice Mary C. Noble on the Kentucky issues, bankruptcy litigation and gov- Darren K. Mexic firm since 2003 and Supreme Court until early 2011. Prior to ernment investigations. Hinkle was also has established an law school, Metzger received his under- very active in Latham’s pro bono prac- impressive bankruptcy practice, as well graduate degree in religion from Centre tice, achieving successful outcomes for as estate and divorce. Mexic received College. He also manages a thorough- her clients in wage and hour, housing his B.A. from Western Kentucky bred racing syndicate. discrimination, and immigration mat- University and his J.D. from the ters, and earning three awards from the Northern Kentucky University Salmon Dressman Benzinger New York Legal Aid Society for provid- P. Chase College of Law. LaVelle is pleased to ing outstanding representation to New announce that Krista York’s under-served communities. Dinsmore & Shohl is pleased to J. Roettger has announce that Wayne Wilson and joined the firm as an Charles W. Curry Katherine Langan have joined the associate. Roettger is has joined Bowles firm. Wilson and Langan are making the an associate practic- Rice McDavid Graff move from Goldberg Simpson to ing in the firm’s & Love LLP in an Of Dinsmore & Shohl’s Louisville office. Krista J. Roettger Commercial Counsel capacity in Wilson joins the firm as a partner in the Transactions, the law firm’s Family Wealth Planning Practice Group. Commercial Litigation and Taxation Lexington office. He focuses his practice on complex Practice Groups. Prior to joining the Curry will focus his estate planning, fiduciary representation firm, Roettger worked in assurance and Charles W. Curry practice in the areas of and complex trust and estate administra- September 2011 Bench & Bar 35 WHO, WHAT, WHEN & WHERE tion. Wilson has extensive experience in Northam elected to step down as deputy litigation, including the business arena where he advises chairman to once again serve his clients representation of closely held businesses, community on a full-time basis. He will continue to major healthcare com- banks and physician practice groups on practice in the areas of corporate, merg- panies in business dis- strategic decisions, mergers and acquisi- ers & acquisitions, and energy & natural putes and other health tions and contract negotiation. Prior to resources law. Oppenheimer is a mem- care-related matters, joining the firm, he managed Goldberg ber of the firm’s Estate Planning, Health defending product Simpson’s Trusts and Estates Group. and Insurance Practice Group, and is the manufacturers and Wilson earned his J.D. from the Family Business Team co-chair. He con- Jennifer Metzger premises owners in University of Louisville Louis D. centrates his practice on business suc- Stinnett toxic tort, products lia- Brandeis School of Law and his B.A. cession, estate planning and estate bility, and personal from Transylvania University. Langan administration for individuals, families injury cases, employment litigation on joins the firm as an associate in the and businesses. He received his bache- behalf of plaintiffs and defendants, and Family Wealth Planning Practice Group. lor’s degree from the University of most recently trust and estate litigation. Her practice focuses on estate planning, Florida and his law degree from the A native of Louisville, Stinnett came to fiduciary representation and probate University of Louisville Louis D. the firm in January 2007 from the matters. Langan earned her J.D. from the Brandeis School of Law. Washington, D.C., office of a large University of Kentucky College of Law national law firm. Stinnett is a graduate and her B.A. from Vanderbilt University. The law firm of of the University of Notre Dame and Robinson & Epling, earned her J.D. from the University of Frost Brown Todd LLC is pleased to PSC, in Lexington is Kentucky College of Law in 2003. announce Angela S. Burchett has pleased to announce joined the Louisville office as counsel that David P. Kaiser Adams Law Office in in the Real Estate and Lending and has joined the firm as Murray is pleased to Commercial Services Practice Group. an associate. Kaiser announce that former She represents national lenders in con- graduated from Court of Appeals nection with commercial real estate and David P. Kaiser Denison University in Judge David C. capital markets transactions. Prior to 1999 and the Buckingham has joining the firm, Burchett was a partner University of San Diego School of Law joined the firm Of at Stites & Harbison PLLC. Burchett in 2007. He will focus his practice on Counsel. After serving received her law degree cum laude from the defense of physicians, hospitals, and David C. as a district judge and the University of Louisville Louis D. health care professionals in all courts in Buckingham circuit judge for Brandeis School of Law in 1995, where the Commonwealth of Kentucky. Calloway and she was a staff member of the Journal Marshall counties for 15 years, of Law and Education and her under- Amanda Mullaney Buckingham served as a Court of graduate degree in accounting summa has joined the Becker Appeals judge for 14 years, including cum laude from the University of Law Office as an the last five as a senior judge. Kentucky in 1992. In addition, she is a associate attorney in Buckingham has returned to private founding member and former board the Louisville office. practice and joins Wm. C. “Chip” member of CREW Louisville, Inc. — Mullaney focuses her Adams, III, in the general practice of Commercial Real Estate Women, an practice in the area of law. Buckingham is also a trained medi- association for women in the commer- disability, particularly ator and offers mediation/arbitration cial real estate industry. Amanda Mullaney claims denied by the services statewide. Social Security Greenebaum Doll & McDonald PLLC Administration, the Commonwealth of DelCotto Law Group PLLC is pleased is pleased to announce that Mark H. Kentucky Retirement System and in to announce the hiring of J. Wesley Oppenheimer has been named deputy other areas of disability. Mullaney earned Harned as an associate attorney in its chairman of the firm’s Louisville office. both her undergraduate degree and law debt restructuring firm. Harned received Oppenheimer joins Mark T. Hayden degree from Washington University in his J.D. from the University of and David A. Owen as deputy chairmen St. Louis. She is admitted to practice law Kentucky College of Law in 2009. He of the firm’s Greater Cincinnati and in both Missouri and Kentucky. holds an MBA from the UK Gatton Lexington offices, respectively. School of Business and a Bachelor’s Oppenheimer succeeds Patrick R. Fultz Maddox Hovious & Dickens degree from the University of Kentucky Northam, who served as deputy chair- PLC is pleased to announce that in business administration. Harned is man of the Louisville office for over Jennifer Metzger Stinnett has been the current chair of the Law Student two years. After nine years of serving elected a member of the firm. Stinnett Outreach Committee for the KBA multiple roles in firm management, will maintain her practice in commercial Young Lawyers Section.

36 Bench & Bar September 2011 WHO, WHAT, WHEN & WHERE I. Joel Frockt & Associates is pleased During law school, she worked for the sion and then in the Capital Division. to announce that Laura B. Grubbs has Legislative Research Commission as a Vantrease will focus entirely on elder joined the firm as an associate attorney. graduate fellow with the Appropriations law. She will assist older citizens and Grubbs will concentrate her practice in and Revenue Committee, then as a law family members on a wide range of the areas of family law, estates, and clerk with Sturgill Turner. In 2004, she issues including nursing home, civil litigation. Grubbs received her J.D. earned a B.A. in both political science Medicaid, asset preservation, legal doc- from the University of Louisville Louis and public relations from Western uments, guardianship, probate and D. Brandeis School of Law, magna cum Kentucky University. Parsons is a mem- related matters. laude, and B.S. from the University of ber of the Kentucky and Fayette County Evansville, magna cum laude. Bar Associations. Charles H. Pangburn III recently was named chief legal officer and general The law firm of Lucas & Dietz, PLLC, Kentucky Elderlaw, counsel for UC Physicians, the multi- is pleased to announce that Sarah C. PLLC, is pleased to specialty practice group for UC Health Rogers has joined the firm as an associ- announce its newest and the UC College of Medicine. ate attorney. She will concentrate her associate Misty Clark Pangburn previously served in the Office practice in the areas of workers’ com- Vantrease. Vantrease of General Counsel of the University of pensation defense and business litiga- received her B.A. Cincinnati and provided legal support to tion and be resident in the firm’s summa cum laude the Academic Medical Center and the Florence office. from Murray State University’s Office of Research. Misty Clark University in 1998 Thompson Miller & Vantrease and graduated from Roger L. Nicholson has decided to Simpson is pleased to the University of rejoin Jackson Kelly PLLC, after six announce that Kristen Louisville Louis D. Brandeis School of years as senior vice president, secretary Fowler has joined the Law in 2001. Vantrease has spent the and general counsel at International Coal firm as an associate. last 10 years as an assistant public Group, Inc. (ICG), which was recently Fowler received her defender; first in the general trial divi- acquired by Arch Coal. Prior to ICG, B.A. from Hanover College and her J.D. Kristen Fowler in 2007 from Indiana Landex Research Inc. University School of Law where she was a managing editor PROBATE RESEARCH of the Indiana Law Journal. She previ- ously served as a judicial clerk to Magistrate Judge Tim A. Baker of the U.S. District Court for the Southern District of Indiana and as a judicial clerk to Associate Justice Theodore R. Boehm of the Indiana Supreme Court. Fowler will be practicing in the fields of commercial and healthcare litigation. Missing and Unknown Heirs Sturgill, Turner, Barker & Moloney, PLLC, is pleased to announce that Located Lauren Armstrong Parsons has joined with No Expense to the Estate the firm as its marketing director. Parsons comes to Sturgill Turner from Preston-Osborne Marketing Domestic and International Service for: Communications & Research, where she Courts provided marketing and public relations Lawyers support for clients in the equine, educa- Trust Officers tion, legal, non-profit and municipal sec- Administrators/Executors tors, managed political campaigns and lobbied the state legislature. Parsons Two North La Salle Street, Chicago, Illinois 60602 graduated from the University of Telephone: 312-726-6778 Fax: 312-726-6990 Kentucky College of Law in 2008, and Toll-free: 800-844-6778 was a member of the Journal of Natural www.landexresearch.com Resources and Environmental Law.

September 2011 Bench & Bar 37 WHO, WHAT, WHEN & WHERE Nicholson was a mem- Fogle’s Lexington office in the practice comes to the firm as a former Naval ber of Jackson Kelly area of workers’ compensation defense Officer with a strong background in (first joining the firm and subrogation. Adkins received his commercial transactions and financing, in 2002). Nicholson B.S. in business administration from including, real estate purchase, con- has more than 25 West Virginia University in 2000 and struction, acquisitions, leasing, commer- years of experience in his J.D. from West Virginia University cial sales, corporate acquisitions and the coal and natural College of Law in 2004. He has previ- zoning. resources industries. ously practiced in the areas of subroga- Roger L. His broad industry tion, personal injury, and property Nicholson experience includes damage among other practice areas. He IN THE NEWS acquisitions and has joined the firm as an associate and divestitures, coal supply arrangements, will be working out of Ferreri & Greenebaum Doll & McDonald PLLC complex commercial litigation, leasing Fogle’s Lexington office in the practice is pleased to announce that David A. and other commercial transactions as areas of civil litigation, insurance Owen, deputy chairman of the firm’s well as experience in each of the defense, and workers compensation Lexington office, has been re-elected to nation’s major coal-producing basins. defense. Yurchisin received his degree the Board of Directors of Omega in economics and political science from Protein Corporation (NYSE: OME), a Ferreri & Fogle, PLLC, is pleased to Hanover University in 2001 and his Houston, Texas-based nutritional ingre- announce the addition of four new J.D. from Northern Kentucky dient company. Owen also serves on associates to its Kentucky offices: University Salmon P. Chase College of Omega Protein’s Corporate Governance Rachel Volk, J. Kyle DeSpain, Adam Law. He has practiced in the area of and Nominating Committee. Omega Adkins and Mark Yurchisin II. Volk bankruptcy. He has joined the firm as Protein is a nutrition and wellness com- received her B.A. in English from an associate and will be working out of pany dedicated to delivering healthy Bradley University in 2005 and her J.D. Ferreri & Fogle’s Bowling Green office products to the animal, human and plant from Mercer University, Walter George in the practice area of workers’ com- nutrition industries. Owen is a member School of Law in 2008. Since that time pensation defense and general liability of Greenebaum’s Litigation and Dispute she has practiced in the area of bank- defense. Resolution Practice Group. His practice ruptcy. She has joined the firm as an includes environmental, agribusiness, associate and will be working out of Ted G. Hathaway has toxic tort, anti-trust and construction Ferreri & Fogle’s Lexington office in joined the law firm matters, as well as all types of business the practice area of workers’ compensa- Kerrick Stivers disputes. He also counsels clients on tion defense and federal black lung Coyle, PLLC, as an environmental permitting and enforce- defense. DeSpain received his B.A. in associate in the ment matters. Owen received his bache- sociology from Hanover University in Elizabethtown office. lor’s degree from Clemson University 2001 and his J.D. from Northern Hathaway obtained his and his law degree from Northern Kentucky University Salmon P. Chase law degree from Kentucky University Salmon P. Chase College of Law. He has previously Ted G. Hathaway University of Florida, College of Law. practiced in the area of bankruptcy. He Levin College of Law has joined the firm as an associate and where he graduated with honors, and his Stoll Keenon Ogden PLLC is pleased to will be working out of Ferreri & B.S. from Miami University. Hathaway announce that attorney Carl Frazier was selected to participate in the 2012 Leadership Lexington class. Frazier joined the firm in 2007 and is an associ- 400 West Market Street ate in the firm’s Lexington office. Suite 3200 Frazier is a member of the firm’s Tort, Louisville Proudly serving 502.589.5400 Trial and Insurance Services Practice Group. Involved in the community, 250 West Main Kentucky! Frazier serves on the Transylvania Suite 2800 Lexington University Alumni Executive Board, as 859.231.0000 the vice president of the Lexington

7310 Turfway Road Opera Society and as the vice-chair of Suite 210 the Kentucky Bar Association Young Florence Lawyers Section. Leadership Lexington 859.817.5900 is a leadership development program THIS IS AN ADVERTISEMENT. ©2011 Frost Brown Todd LLC. All rights reserved. frostbrowntodd.com Legal services may be performed by other lawyers in the firm. sponsored by Commerce Lexington Inc. and directed toward individuals who demonstrate leadership qualities.

38 Bench & Bar September 2011 WHO, WHAT, WHEN & WHERE Ohio State Bar Foundation (OSBF) recognizes one alumnus each year, who Adams, Stepner, President Keith A. Ashmus is pleased to has graduated from the college in the Woltermann & announce that Anthony G. Covatta has past 10 years. According to the college’s Dusing PLLC is become a fellow of the foundation and description, award recipients have, pleased to announce will participate in the 2011 Fellows “…distinguished herself or himself pro- that Jessica Rawe has Class. Covatta is a partner at The Drew fessionally, in her or his community, or been selected into this Law Firm Co., LPA, where he practices in some other fashion.” Practicing out of year’s Leadership in the areas of corporate law, labor and the firm’s Louisville office, Williams Northern Kentucky employment law, general litigation, fran- serves as the head of the firm’s Franchise Jessica B. Rawe Class of 2012. The chising and real estate law. Covatta also and Distributions Service Team. He con- mission of the class is serves as a volunteer arbitrator for the centrates in the area of corporate law to provide the Northern Kentucky Hamilton County Common Pleas Court. with an emphasis in franchise law and Leadership Foundation with a lifelong Membership in the foundation is an mergers and acquisitions of public and commitment to leadership by creating honor extended to those lawyers and private companies. In 2010, Williams awareness of key issues that affect the judges who adhere to the highest ideals was recognized within the firm as one of Northern Kentucky/Cincinnati region of the legal profession and are dedicated Frost Brown Todd’s Mentors of the Year. and to challenge emerging, as well as to serving their communities. Each year Williams is actively involved in his com- existing community leaders, to bring the foundation invites civic-minded munity, serving as a board member of the positive changes in the community lawyers to become part of a Fellows Family & Children’s place. He is a men- through informed leadership. Rawe is Class. Over the course of 18 months, the tor/liaison for the Whitney M. YOUNG an associate at the firm. She practices in fellows volunteer their time to a project Scholars program through the Lincoln the areas of estate planning, probate and that promotes the foundation’s mission of Foundation. Williams is also a volunteer trust administration, taxation, and busi- improving the justice system and enhanc- mentor at Louisville Central High ness representation and transactions. ing public understanding of the law. School’s Law and government Magnet Rawe is a member of the Kentucky and Program. Williams received his J.D. at Ohio State Bar Associations, as well as Greenebaum Doll & McDonald PLLC is the University of Kentucky College of the Northern Kentucky and Cincinnati pleased to announce that Mark A. Loyd, Law in 2003 and is actively involved in Bar Associations. She received her B.A. a member in the firm’s Louisville office, UK’s alumni initiatives, serving annually from the University of Louisville in has been re-appointed as co-chair of the as a presenter on the alumni panel for the 2003 and graduated from the University Institute for Professionals in Taxation University of Kentucky College of Law of Kentucky College of Law in 2006. (IPT)/American Bar Association (ABA) Diverse Student Day to aid the university Advanced Property Tax Seminar in its efforts to recruit minority candi- Ryan C. Edwards, an Committee. Loyd will serve as one of dates. Prior to law school, Williams attorney in the five chairs appointed by IPT for the earned his Bachelor’s degree at Yale Litigation Department IPT/ABA Advanced Property Tax University in 2000 with a major in eco- of Taft Stettinius & Seminar Committee. IPT was founded in nomics. Hollister LLP, has 1976 and is a non-profit educational been selected to partic- association serving over 4,400 members DelCotto Law Group PLLC is pleased ipate in the 2012 Class representing approximately 1,450 corpo- to announce that associate attorney of Leadership Northern rations, firms, or taxpayers throughout Amelia Martin Adams has been Ryan C. Edwards Kentucky. Fifty indi- the United States and Canada. Loyd is awarded the Betty Hoopes Volunteer viduals comprise the chair of Greenebaum’s State and Local Service Award from the Bluegrass Trust Class of 2012. They were selected on the Tax Team and is a member of the firm’s for Historic Preservation. This award is basis of demonstrated leadership ability, Tax and Finance Practice Group. His presented annually to a volunteer from as well as evidence of community interest areas of practice concentration are state, the trust’s Antique and Garden Show and commitments. Edwards, a resident of local and federal tax controversy resolu- committee. Adams served as the show’s Independence, Ky., focuses his law prac- tion, litigation and planning. Loyd Preview Party chair and as the catering tice on product liability and personal received his bachelor’s degree from liaison for the 2011 year. The Antique injury litigation. He received his B.A. in Bellarmine College, his MBA from the and Garden Show is the biggest English, graduating cum laude and Phi University of Louisville and his J.D. fundraiser of the year for the Bluegrass Beta Kappa, from the University of from the University of Louisville Louis Trust which is a non-profit advocacy Kentucky. Edwards’ law degree is from D. Brandeis School of Law. group that works to protect, maintain, the University of Kentucky College of enhance and promote historic buildings Law, where he was a member of Order of Frost Brown Todd partner, Jason C. and locations in Lexington and the sur- the Coif. He was named an Ohio Rising Williams, received the University of rounding areas. Adams has also been Star by Law & Politics Magazine, an Kentucky College of Law Young accepted into the 2011–2012 class of award that honors the top up-and-coming Professional Alumni Award. The award Leadership Lexington. lawyers in the state of Ohio.

September 2011 Bench & Bar 39 WHO, WHAT, WHEN & WHERE McBrayer, McGinnis, Leslie & Kentucky (UK) Law Alumni construction law and litigation, where Kirkland, PLLC, would like to Association Board of Directors and a he combines his legal expertise with his announce that Gov. Steven L. Beshear four-year term on the UK College of background in civil engineering. Shull has reappointed Luke Morgan, an asso- Law Visiting Committee. Lewis is a is a 1996 graduate of the University of ciate in our Lexington office, to the member of the firm’s Litigation Kentucky College of Engineering and a Kentucky Law Enforcement Council to Department and focuses her practice on 2000 graduate of the University of serve for a term expiring July 1, 2015. products liability law. Prior to joining Kentucky College of Law. Morgan represents the Kentucky Bar the firm, she served as legal counsel for Association. the Kentucky Department of Financial Interfaith Paths to Institutions. Lewis earned her J.D. from Peace (IPP), a Eliot G. Bastian, senior associate in the the University of Kentucky College of Louisville-based inter- Cincinnati office of Frost Brown Todd Law and her B.A. from the University faith peacemaking LLC, was recently selected to partici- of Louisville. organization has pate in the American Bar Association awarded its 2011 (ABA) Law Practice Management Wyatt, Tarrant & “Louisville Section’s (LPM) Diversity Leadership Combs, LLP, Peacemaker of the Program. Bastian was selected as one of announces that Lee T. Tom Williams Year Award” to Tom two nationwide applicants for the ABA’s Todd, Jr., president of M. Williams. The LPM Leadership Program. The primary the University of Peacemaker of the Year is presented by goals of this program are mentoring and Kentucky, has IPP and Ms. Carolyn King in the name leadership within the ABA. Two appointed Debra H. of her son, the late Richard Hunt Smith. appointees are selected each ABA year. Dawahare, partner at Although a national Peacemaker of the To be considered, the applicant must Debra H. the law firm of Wyatt Year Award was presented in 2010 by have a diverse background, have been Dawahare Tarrant & Combs, IPP, this is the first time that a admitted to practice for at least three LLP, to serve on the Louisville Peacemaker of the Year has years, and have demonstrated leadership University of Kentucky College of Law been recognized by IPP. In making the in another ABA section, division or Visiting Committee. The Visiting presentation, Terry Taylor, executive entity, and/or a state, local or special Committee is comprised of the best and director of Interfaith Paths to Peace, interest bar association. Bastian prac- brightest graduates and others interested cited Williams’ work in furthering the tices primarily in the areas of general in legal education at the University of idea of Restorative Justice, his efforts commercial and banking litigation, Kentucky. Past and current members to foster leadership for the community bankruptcy-related litigation, creditors’ include United States congresspersons, as chairman of the Board of the and debtors’ rights, as well as landlord- governors, judges, corporate CEOs, law Leadership Louisville Center, his suc- tenant disputes. Outside of Frost Brown partners, and others. The members meet cess in creating Thomas Merton Square Todd, Bastian is involved with several regularly with the dean, faculty and stu- in downtown Louisville, his volunteer organizations, including, the Greater dents of the college, and to consult with efforts with Interfaith Paths to Peace Cincinnati Autism Society, Tri-State the president, provost and other top and the Thomas Merton Institute for Association for Corporate Renewal, as administrators of the university. Contemplative Living. The presentation treasurer of the Black Lawyers Dawahare is chair of the firm’s Labor & concluded with Taylor citing Williams’ Association of Cincinnati, the Ohio Employment Service Team. She concen- coordination of efforts to ensure that State Bar Association’s Banking trates her practice in the areas of Louisville joins the ranks of communi- Committee, the Salmon P. Chase Law employment law and general litigation. ties that have been designated as inter- School’s Board of Governors, and the national “Compassionate Cities.” Mason Youth Organization. Frost Brown Todd is pleased to Williams serves as vice chair of the announce that C. Michael Shull, III, Labor, Employment and Employee Christy Lewis, an attorney in the was named to the Louisville Business Benefits Practice Group at Stoll Lexington office of Dinsmore & Shohl, First’s Forty Under 40 Class of 2011. Keenon Ogden PLLC. Williams served has been selected for the 2011-12 Class The Forty Under 40 professionals are as president of the Louisville Bar of Leadership Lexington. The 10-month recognized for their business success Association. program enables participants to meet and civic contributions. Winners were local and state leaders, gain an selected by a panel of judges from the Stoll Keenon Ogden PLLC is pleased to increased understanding of community Louisville-area business community and announce that attorney Lee Webb has dynamics and public issues and build will be honored at a luncheon. A special been selected to participate in the 2012 working relationships with fellow class publication will feature the Forty Under Leadership Louisville class. Webb members. In other news, Lewis was also 40 class in the September 23 issue of joined the firm in 2000, and is a mem- recently selected to serve a two-year Business First. Shull is counsel at Frost ber in the firm’s Louisville office. She is term as chair of the University of Brown Todd and focuses his practice on a member of the firm’s Business

40 Bench & Bar September 2011 WHO, WHAT, WHEN & WHERE Litigation Practice Group. Fluent in attorney, serving both in-house and as an background, which includes a bache- Spanish, Webb is dedicated to commu- outside advisor, and has passed all four lor’s degree in chemical engineering nity involvement, founding the Latino parts of the CPA exam. He has taught and an MBA, in addition to his J.D., Legal Clinic of Louisville in 2003. law and economics courses at the law assists him in representing private and Webb currently serves on the Board of schools of the University of San public construction owners, contrac- Directors for the Hispanic Latino Francisco and University of California tors, material suppliers, design profes- Business Council and the Hispanic Berkeley, as well as business and eco- sionals and bonding companies on Latino Coalition. She was formerly on nomic courses at Bellarmine University engineering and construction-related the Board of Directors for the St. School of Business. issues across the country. George’s Community Center and the Planned Parenthood Young Leaders. Frost Brown Todd LLC is proud to Foley & Lardner LLP is pleased to Prior to joining the firm, Webb clerked announce Christopher S. Burnside has announce that Brian H. Potts has been for Justice Janet L. Stumbo of the been awarded the President’s Volunteer named a Wisconsin Law Journal 2011 Kentucky Supreme Court for three Service Award by President Obama “Up & Coming Lawyer.” According to years. Leadership Louisville is a nine- because of his work for Metro United the Wisconsin Law Journal, this honor month program, and the 2012 program Way. The President’s Volunteer Service recognizes individuals who have began in June. Award is an initiative of the Corporation demonstrated leadership, contributed to for National and Community Service their community, successfully achieved Wyatt, Tarrant & Combs, LLP, is and is administered by the Points of legal outcomes early in their career pleased to announce that Gary T. Banet, Light Institute. The award was created and have been practicing for eight an attorney in its Tax, Business and in 2003 by the President’s Council on years or less. Potts, a senior counsel in Personal Planning Service Team, gradu- Service and Civic Participation to rec- the firm’s Madison office, has estab- ated in the 2011 class of Leadership ognize the valuable contributions volun- lished himself as a well-regarded envi- Southern Indiana. Banet practices in teers make in their communities and for ronmental and energy law professional both the New Albany and Louisville inspiring others to serve. Burnside through his regulatory work, frequent offices of the firm. Leadership Southern received this award in appreciation of article publication and pro bono suc- Indiana is a non-profit, community lead- his exceptional volunteer work with the cesses. ership program serving Clark and Floyd Metro United Way. Burnside is a mem- counties for 29 years with more than ber in the Louisville office of Frost J. Vincent Aprile II, who practices 850 alumni. Banet focuses his practice Brown Todd and has been with the firm with Lynch, Cox, Gilman and in estate planning, estate and trust for over 20 years, focusing his practice Goodman P.S.C., in Louisville, was administration and estate and trust litiga- in litigation. one of the presenters on the conclud- tion. He received his undergraduate ing panel of the invitation-only con- degree from Indiana University and his Hall, Render, Killian, vening of “Padilla and the Future of law degree from the University of Heath & Lyman attor- the Defense Function,” designed to Louisville Louis D. Brandeis School of ney Brian A. bring together individuals with a vari- Law, magna cum laude. Veeneman has been ety of experiences in the criminal jus- named one of tice system to discuss the future role Greenebaum Doll & McDonald PLLC is Business First’s 40 of the criminal defense lawyer. The pleased to announce that Robert L. Under 40 honorees convening held at Cardozo School of Brown, a member in the firm’s for 2011. Veeneman Law in New York City was sponsored Louisville office, has been elected to the Brian A. is an active member by the National Association of Board of Directors of the Kentucky Veeneman of the Louisville com- Criminal Defense Lawyers, the Council on Economic Education munity. He is on the National Legal Aid and Defender (KCEE). KCEE is a 36-year-old Board of Trustees for Medical News, a Association and the American Bar statewide, not-for-profit organization member of the Downtown Louisville Association Criminal Justice Section. headquartered in Louisville and affiliated Rotary Club and has served on the Some 85 invitees from across the with the National Council on Economic Marketing and Communications country attended. Aprile also served as Education, an organization equipping Committee of the Louisville Arena one of three judges of the champi- teachers with the tools to bring economic Authority. He has also worked with the onship round of the 21st annual and personal finance education to life. Building Committee of the Family National Criminal Justice Trial Brown is a member of Greenebaum’s Scholar House, a non-profit organiza- Advocacy Competition, sponsored by Corporate and Commercial Practice tion working to end poverty by helping the Criminal Justice Section of the Group and is the firm’s International young parents achieve a four-year col- American Bar Association and held at Team Chair and China Team Chair. He lege degree. At Hall Render, The John Marshall Law School in has worked closely with international Veeneman’s practice focuses on con- Chicago. More than 20 law schools companies as an investment banker and struction law. His diverse educational participated in the three-day event.

September 2011 Bench & Bar 41 WHO, WHAT, WHEN & WHERE Adams, Stepner, tion, personal injury, real estate litiga- College and a law degree from Harvard Woltermann & Dusing tion, contract litigation, workers’ com- Law School. He currently practices in PLLC is pleased to pensation, product liability and the Louisville office of Greenebaum announce that Stacey domestic relations. Doll and McDonald. The KHS L. Graus has been Foundation is a private, 501(c)(3) non- presented with the The Kentucky Historical Society (KHS) profit affiliated with the Kentucky Special Recognition Foundation has elected John S. Historical Society, an agency of the Award from the Greenebaum to its 2011 Board of Kentucky Tourism, Arts and Heritage Stacey L. Graus Northern Kentucky Directors. Greenebaum will serve a Cabinet. The KHS Foundation Board of Volunteer Lawyers. three-year term with the possibility of Directors oversees and assists with all Judge Patricia Summe presented Stacey reappointment for two additional three- fundraising activities of the Kentucky L. Graus with the award during the year terms. Greenebaum is a noted cor- Historical Society. Many of the pro- 2011 Annual Pro Bono Luncheon porate and commercial attorney in grams, collections, exhibitions, services hosted by Northern Kentucky Volunteer Louisville, where he lives with his wife, and research initiatives of KHS are Lawyers. Graus practices in the areas of Mary Moss Greenebaum. He received made possible through private support business litigation, employment litiga- his undergraduate degree from Amherst via the KHS Foundation.

The Communications and Publications Committee of the Kentucky Bar Association wishes to thank its many Have an item for dedicated members who offer their time and talents in preparation and oversight of the bimonthly Bench & Bar. WHO, WHAT, Recently, several members completed their terms on the committee and we recognize them for their dedicated and faithful service: WHEN & WHERE? The Bench & Bar welcomes brief announcements about member placements, pro- David C. Condon motions, relocations and honors. Notices are printed at no cost and must be sub- Ashlee Coomer Foltz mitted in writing to: Managing Editor, Kentucky Bench & Bar, 514 West Main Sheryl E. Heeter Street, Frankfort, KY 40601 or by email to [email protected]. Digital photos Edna M. Lowery must be a minimum of 300 dpi and two (2) inches tall from top of head to shoul- Christopher T. McDavid ders. There is a $10 fee per photograph appearing with announcements. Paid pro- Brian K. Pack fessional announcements are also available. Please make checks payable to the Jeffrey R. Soukup Kentucky Bar Association. The deadline for announcements appearing in the next E. Frederick Straub Jr. edition of Who, What, When & Where is October 1st.

Before You Move... Over 16,000 attorneys are licensed to practice in the state of Kentucky. It is vitally important that you keep the Kentucky Bar Association (KBA) informed of your correct mailing address. Pursuant to rule SCR 3.175, all KBA members must maintain a current address at which he or CLICK she may be communicated, as well as a physical address if your mailing address is a Post Office address. If you move, you must notify the Executive Director of the KBA within 30 days. All roster changes must be in writing and must include your 5-digit KBA member identification www.kybar.org number. There are several ways to do this for your convenience. Coverage That’s Right For You VISIT our website at www.kybar.org to make MAIL the Address Change/Update Form obtained ONLINE changes or to print an Address from our website or other written notification to: More than 150,000 attorneys trust CNA, * 
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($(" 1 &'/(! * 0    ## (! *) ()(,   (!1%  &% !) *  .#+)!,  %* &(   !%  constitute a formal roster change with the KBA. www.wbgriffininsurance.com | 800.762.5851 #HEAPSIDEs,EXINGTON +9 

42 Bench & Bar September 2011 28 Bankruptcy 102 7 Professionalism, Ethics & Cincinnati Bar Association Substance Abuse CLEvents Cincinnati Bar Association 28 Young Lawyers Brown Bag The following is a list of TENTATIVE upcoming CLE Louisville Bar Association 7 Real Estate Symposium programs. Circumstances may result in program Louisville Bar Association changes or cancellations. You must contact the 29 In-House Counsel Brown Bag listed program sponsor if you have questions Louisville Bar Association 12 Environmental Law regarding specific CLE programs and/or registration. Cincinnati Bar Association 30 Business Valuation & Fraud SEPTEMBER Investigations 13 What Makes Juries, Judges & Cincinnati Bar Association Magistrates Tick 27 Video Replay: Professionalism, Cincinnati Bar Association Ethics & Substance Abuse OCTOBER Instruction 13 Appellate Law Brown Bag Cincinnati Bar Association 1 Health Law Brown Bag Louisville Bar Association Louisville Bar Association 27 2011 Handling Rambo Litigator 14 Threats of 21st Century Lawyering Tactics in Depositions – The Law 4-5 Kentucky Law Update – Cincinnati Bar Association and Strategy Gilbertsville Kentucky Justice Association Kentucky Bar Association 14 Litigation Half Day Louisville Bar Association 27 Probate & Estate Half Day 5 Watching the Cops: Deterring Louisville Bar Association Police Misconduct through Citizen 18 Video Replay: Professionalism, Surveillance Ethics & Substance Abuse 27-28 Kentucky Law Update – Ashland Cincinnati Bar Association Instruction Kentucky Bar Association Cincinnati Bar Association 618th Biennial Family Law Institute UK CLE

September 2011 Bench & Bar 43 18-19 Kentucky Law Update – 26 Proper Establishments & 28 Annual Convention Prestonsburg Management of Your Lawyers’ Kentucky Association of Criminal Kentucky Bar Association Trust Account Defense Lawyers Cincinnati Bar Association 19 So I’ve Graduated – Now What? 28 Judge Judy West CLE & Scholarship Cincinnati Bar Association 27 Securities Whistle-Blower Award Luncheon Regulations under the Dodd-Frank Act Northern Kentucky Bar Association 19 Solo/Small Firm Brown Bag Cincinnati Bar Association Louisville Bar Association NOVEMBER 28 Mediation: What’s Happening Now 21 Social Security Brown Bag Administrative Office of the Courts 2 Sports Management Louisville Bar Association – Mediation Office Cincinnati Bar Association

22 Fall 2011 Symposium – Legal Heritage of the Civil War Salmon P. Chase College of Law

25-26 Kentucky Law Update – Lexington Kentucky Bar Association

26 How to Shrink Lawyer Receivables Cincinnati Bar Association

AOC Mediation & Family Court Services Carol B. Paisley (502) 573-2350 ext. 50713

Cincinnati Bar Association Dimity Orlet • (513) 381-8213

Kentucky Association of Criminal Defense Lawyers Amber Greathouse • (502) 229-0998

Kentucky Bar Association CLE Office • (502) 564-3795

Kentucky Justice Association (formerly KATA) Ellen Sykes • (502) 339-8890

University of Kentucky Office of CLE Melinda Rawlings • (859) 257-2921

Louisville Bar Association CLE Department • (502) 583-5314

Northern Kentucky Bar Association Julie L. Jones • (859) 781-4116

Salmon P. Chase College of Law Amber Potter • (859) 572-5982

Waller Lansden Dortch & Davis LLP Scott Manners • (615) 850-8164

44 Bench & Bar September 2011 2-3 Kentucky Law Update – London 10 Corporate Law Update 22 Law Office Technology Kentucky Bar Association Cincinnati Bar Association Cincinnati Bar Association 11 Criminal Law Brown Bag 3 Making Your Case with a Better Louisville Bar Association 22 Probate & Estate Brown Bag Memory Louisville Bar Association Cincinnati Bar Association 15 eDiscovery, Forensic Collection & Analysis of Hand-Held Devices 29 Attorney Presentation Skills 4 2011 NKBA Family Law Seminar Cincinnati Bar Association Cincinnati Bar Association Northern Kentucky Bar Association 16 Ohio Public Records Law 30 Professionalism: 4 Ways to Practice 4 Basic Estate Planning & Probate Cincinnati Bar Association Law Professionally + 2 More Institute Cincinnati Bar Association Cincinnati Bar Association 16 Environmental Law Brown Bag Louisville Bar Association 30-1 Kentucky Law Update – Louisville 7 Directions in Healthcare 2011 Kentucky Bar Association Waller Lansden Dortch & Davis LLP 17 Corporate Law Brown Bag Louisville Bar Association 8 Video Replay: Professionalism, Ethics & Substance Abuse 18 Internet Legal Research Instruction Cincinnati Bar Association Cincinnati Bar Association 18 In-House Counsel Brown Bag 8 IP Brown Bag Louisville Bar Association Louisville Bar Association CLICK 22 New Lawyer Training: 9 Law & Film Professionalism, Client Funds & www.kybar.org Cincinnati Bar Association Law Office Management Cincinnati Bar Association

September 2011 Bench & Bar 45 Graves County, Kentucky. Null is begin- ning his sixth and final year of service on the commission. For those more geo- graphically challenged readers of this article, Boyd County is on the border of West Virginia and Ohio, while Graves County rests on the Tennessee border, not far from Missouri and Illinois. Each region of Kentucky offers a unique per- spective and our attorneys from different regions have different types of practices and educational needs. The Continuing Dennis Null assumes position as Chair of CLE Commission Legal Education commission is com- posed of one Kentucky Supreme Court here is a common belief among Kentucky. After six years of service on appointee from each Supreme Court those of us from the far reaches of the Kentucky Bar Association District, thus ensuring that each unique T our state that much is controlled Continuing Legal Education commission region of Kentucky is represented. That by the more centrally located and/or and serving as its chair, Kimberly Scott the leadership of this commission can so urban regions, leaving us borderlanders McCann, termed off of the commission seamlessly shift from central Kentucky underrepresented in our own regulation on June 30. McCann lives and practices to one border and then another further and governance. Such belief, although law in Ashland, Boyd County, Kentucky. exhibits the commitment of the Kentucky common, is clearly a misconception As of July 1, 2011, the newly appointed Supreme Court and the Kentucky Bar when it comes to the regulation and pro- chair of the commission is Dennis L. Association to represent ALL Kentucky vision of continuing legal education in Null, who lives and works in Mayfield, lawyers.

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