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Attorneys Mark Flores, Lexington by Don Mcnay and Karen Walker Cathy W NIA_BenchBar_Coverage40_v2.pdf 1 9/9/15 1:11 PM HONESTLY, IT'S THE BEST POLICY KBA TERM LIFE PLAN UP TO $500,000 COVERAGE, NON-MEDICAL APPLICATION* C 10 & 20 YEAR LEVEL TERM WITH SPECIAL END OF TERM CONTINUATION M Y CM MY KBA INDIVIDUAL OWN OCCUPATION DISABILITY INCOME PLAN CY UP TO $10,000/MO COVERAGE, NON-MEDICAL APPLICATION* CMY NO EXAMS, BLOOD TESTS OR TAX RETURNS REQUIRED K niai.com Call or Email TODAY | 800.928.6421 | [email protected] | www.NIAI.com NIA IS THE KBA LIFE & DISABILITY PLAN ADMINISTRATOR. *EXAMS OR ADDITIONAL INFO MAY BE REQUIRED WITH CERTAIN MEDICAL HISTORIES. 2 | SEPTEMBER/OCTOBER 2015 Vol. 79, No. 5 This issue of the Kentucky Bar Association’s B&B-Bench & Bar was published in the month of September. Communications & Publications Committee Contents James P. Dady, Chair, Bellevue 2 President’s Page Paul Alley, Florence By Douglass Farnsley Lexington Elizabeth M. Bass, 6 Terms Expire on KBA Board of Governors James Paul Bradford, Paducah Frances E. Catron Cadle, Lexington 7 Call for Distinguished Service Awards Anne A. Chesnut, Lexington Features: Lawyer Wellness Rachel Dickey, Louisville 8 Financial Wellness for Attorneys Mark Flores, Lexington By Don McNay and Karen Walker Cathy W. Franck, Crestwood 12 Compassion Fatigue and Lawyers - The Cumulative Lonita Baker Gaines, Louisville Cost of Caring William R. Garmer, Lexington By Yvette Hourigan Laurel A. Hajek, Louisville 16 ACT III for Lawyers P. Franklin Heaberlin, Prestonsburg By Marilyn Daniel and Kim Greene Judith B. Hoge, Louisville Columns Bernadette Z. Leveridge, Jamestown Jessica R. C. Malloy, Louisville 20 Young Lawyers Division Eileen M. O'Brien, Lexington By J. Tanner Watkins Richard M. Rawdon, Jr., Georgetown 21 University of Kentucky College of Law Sandra J. Reeves, Corbin 22 University of Louisville Louis D. Brandeis Gerald R. Toner, Louisville School of Law Sadhna True, Lexington 23 Northern Kentucky University Salmon P. Chase Zachary M. Van Vactor, Louisville College of Law Michele M. Whittington, Frankfort Publisher 24 Effective Legal Writing By Don Kazee John D. Meyers Bar News Editor 26 KBA Board of Governors Minutes and James P. Dady Upcoming Meeting Dates Managing Editor 27 Clients’ Security Fund Shannon H. Roberts Design & Layout 28 Judicial Conduct Commission Jesi L. Withers 36 eFiling Available in More Kentucky Counties th The B&B - Bench & Bar (ISSN-1521-6497) 37 Magna Carta’s 800 Anniversary Commemorated is published bi-monthly by the Kentucky Bar at Kentucky State Fair Association, 514 West Main Street, Frankfort, 38 Kentucky Bar Foundation and Kentucky IOLTA Fund KY 40601-1812. Periodicals Postag­­ e paid at Welcome New Director Frankfort, KY and additional mailing offices. All manuscripts for publication should be sent 38 Criminal Law Forum Announcement to the Managing Editor. Permission is granted 39 Student Writing Announcement for reproduction with credit. Publication of Departments any article or statement is not to be deemed an endorsement of the views expressed therein by 40 Bar Counsel the Kentucky Bar Association. 42 Kentucky Lawyer Assistance Program Subscription Price: $20 per year. Members sub- scription is included in annual dues and is not 43 Kentucky Bar Foundation/IOLTA less than 50% for the lowest subscription price paid by subscribers. For more information, 44 Continuing Legal Education call (502) 564-3795. 46 Who, What, When and Where Postmaster 54 In Memoriam Send address changes to: 55 B &B Marketplace B&B - Bench & Bar 514 West Main Street Frankfort, KY 40601-1812 Several inside graphics by ©istockphoto.com/JesiWithers BENCH & BAR | 1 PRESIDENT’S PAGE By Doug Farnsley ohn Rosenberg is a Ken- The political leadership of Magdeburg was not sympathetic to tucky lawyer. John and his the Nazis. Approximately 11 days after the arrests, the city’s leaders wife Jean live in Prestons- were successful in gaining the release of Rudy and others from burg.J John is 84 years old, but Magdeburg. During that short time, approximately 25 of the his intellect, general health, and approximately 200 prisoners had died or been killed. At the vigor suggest that he is at least time of Rudolph’s release, the Nazis ordered him and the other a decade younger. I first met John survivors to leave the country within 30 days. in 2007 when we both served on the KBA’s Board of Governors. While her husband had been in custody, John’s mother, Gerta, had John’s life has multiple chapters, taken John to Frankfurt to stay with Rudy’s sister Mary. John recalls three of which I will describe playing with his cousin Bubi, Mary’s eight year old son. He also here: his early childhood in remembers being shocked when Rudy arrived in Frankfurt to see Germany, his work in the Civil that his father’s head had been shaved. Rights Division of the Justice Department in the 1960’s, and his 31 year career in Prestonsburg as the director of Appa lred, a legal The following month, John’s family moved to a refugee camp in aid organization. Holland and then they immigrated to the United States. The family left Holland aboard either the last or second to the last ship to In a 1997 New York Times magazine profile, the author described leave before Germany invaded that small country. John and his John as “5 feet 5 inches tall, 135 pounds – small even for a legal parents later learned that the Nazis had gassed Bubi, Mary, and service lawyer – and easy to underestimate.” People are naturally other family members. drawn to John. He is smart and friendly, and he has a good heart. John also loves the United States, a fact that he shares when he is The family’s odyssey ultimately led them to Gastonia, N.C. Rudy honored for his service. started out with an entry level job at a textile mill and moved up to become the facility’s office manager and a shift supervisor. John John was born in Magdeburg, Germany, in 1931, a time when embraced his new life. He became an Eagle Scout and served as Adolph Hitler was rising to power. John’s family was Jewish and the president of his high school senior class. John then earned a lived next to a synagogue. His father, Rudolph (Rudy), worked scholarship to attend Duke. as both a school teacher and a lay leader in the synagogue. John recalls Nov. 11, 1938, Kristallnacht, “We watched as storm troop- After his graduation, John served for four years in the Air Force as ers proceeded to build a bonfire of all the holy books in the a navigator. While in the Air Force, he was part of a crew that synagogue, and then they dynamited the building.” The next brought a plane from England to the United States. After their morning, the Nazis arrested Rudolph and approximately 200 arrival, John and one of his crewmates, Abe Jenkins, were traveling other Jewish men who lived in Magdeburg and took them to the in uniform by train from New York to their homes in the South. concentration camp at Buchenwald. Continued on Page 4 2 | SEPTEMBER/OCTOBER 2015 Kentucky is home to some champion fighters. The worst punches are often the ones you don’t see coming. That’s why more Kentucky legal professionals choose Lawyers Mutual. With 27 years of Kentucky experience, we specialize in providing smaller firms with the kind of expert counsel that can prevent an unexpected legal battle from turning into an all out war. Don’t place the security of your practice with another provider. When the fight is on, make sure you have the Kentucky champ ringside. Contact Lawyers Mutual for your free quote today at 502.568.6100 or www.lmick.com. By Kentucky Lawyers. For Kentucky Lawyers. Waterfront Plaza | 323 West Main Street, Suite 600 | Louisville, KY 40202 | 502.568.6100 | 800.800.6101 | LMICK.com | SEPTEMBER/OCTOBER 2015 lmick_gloves_kba_8.5x10.875.indd 1 3/19/15 9:38 AM PRESIDENT’S PAGE CONT. When the train arriv ed in Washington, Mississippi, including the case that would John took on the representation of the D.C., Abe, who was an African American, later be the subject of the book, “Missis- tenants and negotiated an agreement with got up and started to leave. John asked, sippi Burning.” the landlord to sell David for $110,000. He “Where are you going?” Abe replied, “I drew up the papers and helped the tenants am going to the back of the train where the In 1970 John left the Justice Department, buy their homes. He also assisted in secur- blacks are.” John describes this as “an inci- and he and Jean moved to Prestonsburg to ing grants to develop new water and sewer dent that changed my life.… I was outraged open a legal aid office. The Office of systems, and John assigned a lawyer to and aggravated and thought eventually Economic Opportunity, a Great Society provide legal services to the revitalized maybe I can help do something about that.” program, provided the funding for the community. office. John sought out Harry Caudill for Following his discharge from the Air Force advice. Caudill, who had written “Night John and Jean raised their two children in and after holding a job with a chemical Comes to the Cumberlands,” believed in a Prestonsburg. Their daughter Annie and company, John entered law school at the regional approach to the area’s economic her husband, Steve Sattich, live in Corydon, University of North Carolina School of problems. Today, 45 years after John arr- Ind., where Annie works as a social worker. Law, earning his degree in 1962. ived in Prestonsburg, AppalReD (the Their son Michael and his wife, Pam Wil- Appalachian Research & Defense Fund cox, live in Newport, Ky., where Michael is John then joined the Justice Department Of Kentucky) has 21 lawyers and 16 non- an administrator at Gateway Community and gained a position as one of eight law- lawyer members on its support staff.
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