SEPTEMBER/OCTOBER 2017 KBA Individual Own Occupation Disability Plan from Metlife: Protect your income, your lifestyle and your practice from a disabling illness or injury. Available only through the KBA: • Discounted Unisex rates • Simplified non-medical application • No tax returns or W-2s required • Up to $10,000/mo coverage under age 50 • Liberal issue and participation limits Rates, Custom Quote & Online Application: NIAI.com Or contact Woody Long at [email protected] Call or Email TODAY | 800.928.6421 | [email protected] | www.NIAI.com Underwritten by: Metropolitan Life Insurance, 200 Park Avenue, New York, NY 10166 This issue of the Kentucky Bar Association’s VOL. 81, NO. 5 B&B-Bench & Bar was published in the month of September. COMMUNICATIONS & PUBLICATIONS COMMITTEE James P. Dady, Chair, Bellevue Contents Paul Alley, Florence 2 President’s Page Elizabeth M. Bass, Lexington By: Bill Garmer James Paul Bradford, Paducah Frances E. Catron Cadle, Lexington 6 In Memoriam: Chief Justice John S. Palmore Anne A. Chesnut, Lexington By: James P. Dady and Gerald R. Toner Elizabeth A. Deener, Lexington 8 Book Review: “Alben Barkley: A Life in Politics” Rachel Dickey, Louisville By: James P. Dady Tamara A. Fagley, Lexington Cathy W. Franck, Crestwood Features: Legislative Update Lonita Baker Gaines, Louisville 12 Regulatory Twilight: Kentucky’s New Regulations William R. Garmer, Lexington Sunset Scheme Laurel A. Hajek, Louisville By: Erica Horn and Quinn Hill P. Franklin Heaberlin, Prestonsburg Judith B. Hoge, Louisville 16 KRS Chapter 216C Jessica R. C. Malloy, Louisville By: Liz Shepherd Eileen M. O'Brien, Lexington 20 Senate Bill 120 Sandra J. Reeves, Corbin By: Sarah E. Clay Gerald R. Toner, Louisville Sadhna True, Lexington Columns Zachary M. Van Vactor, Louisville 22 Young Lawyers Division Michele M. Whittington, Frankfort By: Eric M. Weihe PUBLISHER 24 Northern Kentucky University Salmon P. Chase College of Law John D. Meyers 26 University of Kentucky College of Law EDITOR 28 University of Louisville Louis D. Brandeis School of Law James P. Dady 30 Effective Legal Writing MANAGING EDITOR By: Jennifer Jolly-Ryan Shannon H. Roberts 3 2 Future of Law Practice DESIGN & LAYOUT By: Stephen Embry Jesi L. Ebelhar Bar News The B&B - Bench & Bar (ISSN-1521-6497) 34 Judicial Ethics Opinion JE-128 is published bi-monthly by the Kentucky Bar 35 Ethics Opinion KBA E-441 Association, 514 West Main Street, Frankfort, KY 40601-1812. Periodicals Post­­age paid at 37 Unauthorized Practice of Law Opinion KBA U-65 Frankfort, KY and additional mailing offices. All manuscripts for publication should be sent Departments to the Man aging Editor. Permission is granted for reproduction with credit. Publication of 42 Kentucky Lawyer Assistance Program any article or statement is not to be deemed an 46 Continuing Legal Education endorsement of the views expressed therein by the Kentucky Bar Association. 50 Kentucky Bar Foundation Subscription Price: $20 per year. Members subscription is included in annual dues and is not less than 50% for the lowest subscription price paid by subscribers. For more information, call 52 In Memoriam (502) 564-3795. 54 Who, What, When and Where POSTMASTER Send address changes to: B&B - Bench & Bar 514 West Main Street Frankfort, KY 40601-1812 Cover and several inside graphics by ©istockphoto.com/JesiWithers BENCH & BAR | 1 PRESIDENT’S PAGE MAPPING THE KENTUCKY BAR ASSOCIATION’S FUTURE n June, when I took the Oath of Office as president of the Kentucky Bar Association (KBA) for 2017-2018, I said that I stood on the shoulders of all the great leaders of BY: BILL GARMER Ithe KBA who had come before me. I said that understanding that the KBA is one of the top bar associations in the United States. That is only true because of the outstanding leadership of all those who have gone before me. Each of these great leaders had their eyes fixed on the future as they guided the KBA forward. In 2015, the KBA leadership initiated a Strategic Plan1 to move us forward over the coming years, through 2020. In 2015, the KBA Board of Governors created a Strategic Planning Committee, chaired by our past president, the late Doug Myers. The purpose of developing the plan was and is to develop goals for the officers and board of governors of the KBA. The idea is that it will take a continued effort on the part of officers and the board over the coming years to implement the plan. So, my goal as president is to keep this Strategic Plan constantly “front and center” and ensure that every member is familiar with the Strategic Plan and that everyone is making every effort toward the goals of the Plan. It is important for everyone to know the goals of the Strategic Plan and what the KBA has been doing to implement the Plan. So I am setting forth the Plan and its implementation as follows: GOAL 1: The KBA assists lawyers to achieve professional excellence and satisfaction. Strategy 1: Strategy 2: Strategy 3: Strategy 4: Strategy 5: Provide the highest Bolster the KBA’s practice Provide practical skills Build participation in Increase collaboration quality continuing management resources training and support/ sections and divisions between the KBA and legal education mentoring for new lawyers local bars to facilitate networking and extend PROGRESS: services The KBA has created a Law Members from the Law In addition to their The KBA has also seen a Practice Task Force, chaired Practice Task Force will be presentations, members of 23 percent increase in section by Robert Young from English, making presentations at each the Law Practice Task Force activity and has encouraged Lucas, Priest & Owsley, LLP, of the nine locations of the are preparing columns for sections to submit information in Bowling Green, Ky. Young Kentucky Law Update this each issue of the Bench & Bar. for publication in the Bench & is the former chair of the fall. The program is titled, Bar regarding their activities American Bar Association’s “Creating and Growing Your or events. Law Practice Division. Practice.” 2 | SEPTEMBER/OCTOBER 2017 GOAL 2: The KBA strengthens the profession by maintaining and encouraging the highest levels of ethical conduct. Strategy 1: Strategy 2: Strategy 3: Strategy 4: Facilitate a swift and fair Increase diversity and inclusion Support the mental and physical Raise expectations about the discipline process that educates in KBA activities and leadership well-being of members role of lawyers in society and fosters the trust of KBA members and the public PROGRESS: The Office of Bar Counsel The Bench & Bar will publish a The KBA established a From that KYLAP Task Force will be making a presentation themed issue regarding attor- Kentucky Lawyer Assistance there was a recommendation at each of the Kentucky Law ney discipline in May 2018. Program (KYLAP) Task Force. to contract with an Employee Update programs this fall Assistance Program (EAP), regarding the “History of which will help provide mental the Bar.” health services from qualified professionals to members who are in crisis. This program was put in place in August 2017. GOAL 3: The KBA ensures that Kentucky citizens have equal access to legal services and to a justice system that affords prompt and fair resolution. Strategy 1: Strategy 2: Strategy 3: Continue to advocate for adequate Strengthen collaboration with the judiciary Create and lead innovative efforts to resources for the entire justice system to address challenges relating to the justice address gaps in legal services system and courts PROGRESS: The KBA has established the Task Force on Judicial Evaluations The KBA has appointed the Kentucky Commission on the Future and is currently in the process of preparing to do a statewide of the Legal Profession to evaluate changes in the delivery of judicial evaluation. legal services and identify tools and strategies to assist our members and the public. GOAL 4: The KBA achieves its goals through organizational excellence. Strategy 1: Strategy 2: Strategy 3: Strategy 4: Increase members’ awareness Continue to build the KBA’s Explore the impact of the Engage in succession planning of KBA program/initiatives technology infrastructure profession’s demographic for long-tenured staff through effective in order to be accessible to changes on the KBA communications efforts members throughout the state PROGRESS: The KBA established a new We have put in place a new In June of this year the staff at A new CLE reporting and membership database and case management system for the Bar Center started using a tracking system will go website portal. the Office of Bar Counsel and Voice Over IP phone system. online shortly. our Disciplinary Clerk. Continue to the next page to find out more about the Strategic Plan BENCH & BAR | 3 PRESIDENT’S PAGE As you can see, a tremendous amount of work is going into implementing the Strategic Plan. Countless hours have been put in by the officers and members of the KBA Board of Governors. A tremendous number of hours have been put in by our wonderful staff at 2018 Distinguished the Bar Center. Service Awards Some of the projects under way that are receiving special attention are: the continued upgrading of our Kentucky Lawyer Assistance Program, the implementing of a state wide Call for Judicial Evaluation Program, the implementing of the Law Practice Task Force with special emphasis on how you can grow your practice and better serve your clients through the Nominations effective use of I.T., and the Commission On the Future of the Legal Profession. All of these projects are going forward with idea of making Kentucky Lawyers, the best The Kentucky Bar Association is accept- lawyers they can be, and by so doing, to better do the job we have sworn to do and that is: ing nominations for 2018 Distinguished TO BE OF SERVICE TO OUR CLIENTS.