4 Years of College 3 Years of Law School 80 Hour Work Weeks [120 Hard Won Clients…] IIt’st’s T Timeime ttoo PProtectrotect YYourour IInvestment.nvestment. Learn More About THE KBA DISABILITY INCOME PLAN Online wwww.NIAI.comww.NIAI.com Or Call 502-425-3232 800-928-6421 National Insurance Agency, Inc. Professional Association Insurance Program Administration 11801 Brinley Avenue • Louisville, Kentucky 40243 This issue of the Kentucky Bar Association’s Bench & Bar was CONTENTS published in the month of May. Publications Committee Edwin S. Hopson, Chair, Louisville Exporting the American Legal System Paul Alley, Florence Mindy Barfield, Lexington 7 Exporting Democracy, Importing Understanding: Gregory M. Bartlett, Covington Sandra A. Bolin, Berea A Trip to Russia to Teach Jury Trial Practices Michael A. Breen, Bowling Green By Frances Catron-Malone Christopher S. Burnside, Louisville Shawn E. Cantley, Louisville Frances Catron-Malone, Frankfort 14 Exporting the American Legal System David C. Condon, Owensboro & the Republic of Azerbaijan William S. Cooper, Elizabethtown James P. Dady, Newport By Lamia Mammadova & Michael Losavio Bruce K. Davis, Lexington Judith D. Fischer, Louisville P. Franklin Heaberlin, Prestonsburg 18 The Rule of Law: Advancing Universal Principles Sheryl E. Heeter, Newport By ABA President William H. Neukom & Judith B. Hoge, Louisville ABA Treasurer Wm. T. Robinson III Edna M. Lowery, Frankfort Theodore T. Myre, Jr., Louisville Eileen M. O’Brien, Lexington 22 Rule of Law Operations in Counterinsurgency: Brian K. Pack, Glasgow Richard M. Rawdon, Jr., Georgetown A few thoughts on the when, why and how Sandra J. Reeves, Corbin By Jeffrey L. Spears E.P. Barlow Ropp, Glasgow Candace J. Smith, Covington E. Frederick Straub, Jr., Paducah Gerald R. Toner, Louisville Departments John A. West, Covington Michele M. Whittington, Frankfort 3 President’s Page By Jane Winkler Dyche Publisher James L. Deckard 29 The Impact of the Internet on a Lawyer’s Standard Editor Edwin S. Hopson of Care & Professional Responsibility – Part I By Del O’Roark Managing Editor Barbara L. Thomas 33 Proposed Rules Amendments The Bench & Bar (ISSN-1521-6497) is published bi-monthly by the Kentucky Bar Association, 514 West Main Street, Frankfort, 73 Supreme Court of Kentucky – Order 2008-01 KY 40601-1812. Periodicals Postage paid at Amendments to Circuit & District Civil Fees & Costs Frankfort, KY and additional mailing offices. All manuscripts for publication should be sent to the Managing Editor. Permission is 77 Shop Talk By Michael Losavio granted for reproduction with credit. Publication of any article or statement is not 80 Effective Legal Writing By Judith D. Fischer to be deemed an endorsement of the views expressed therein by the Kentucky Bar Association. 82 CLE Subscription Price: $20 per year. Members subscription is included in annual dues and is 87 Kentucky Bar News not less than 50% of the lowest subscription price paid by subscribers. For more informa- 91 Who, What, When & Where tion, call 502-564-3795. POSTMASTER 97 Notice of Proposed Revision to LR 83.1 and Send address changes to: Bench & Bar 83.2, plus Notice of LCrR 57.1 and 57.2 of the 514 West Main Street Joint Local Rules of the Federal District Frankfort, KY 40601-1812 Courts in Kentucky LostLost in in the the shuffle? shuffle? SetSet yourselfyourself apartapart fromfrom thethe othersothers byby advertisingadvertising inin thethe KentuckyKentucky LegalLegal Directory.Directory. AmongAmong allall thethe legallegal directoriesdirectories onon thethe market,market, thethe BlueBlue BookBookstandsstands out,out, trulytruly thethe mostmost useruser friendlyfriendly handhand heldheld devicedevice onon youryour bookshelf.bookshelf. StandStand out out for for a a change! change! **SmallerSmaller sizesize && distinctivedistinctive blueblue covercover makemake ourour bookbook instantlyinstantly recognizablerecognizable **EachEach volumevolume coverscovers aa singlesingle state,state, andand isis soldsold individually.individually. PurchasePurchase onlyonly thethe onesones thatthat youyou needneed.. **BiographicalBiographical listingslistings appearappear inin single-columnsingle-column pagepage format,format, withwith largerlarger typetype toto makemake themthem easiereasier toto read.read. **ColorColor codedcoded pagespages andand tabtab dividersdividers makemake itit easiereasier toto movemove betweenbetween sectionssections TheThe Kentucky Kentucky Legal Legal Directory Directory OfficialOfficial Dir Directoryectory of of the the Kentucky Kentucky Bar Bar Association. Association. LegalLegal Directories Directories Publishing Publishing Company Company YourYour Blue Blue Book Book of of Attorneys Attorneys 91119111 Garland Garland Road Road P.O.P.O. Box Box 189000 189000 Dallas,Dallas, TX TX 75218 75218 800800 447 447 5375 5375 Fax:Fax: 214 214 324 324 9414 9414 www.legaldirectories.comwww.legaldirectories.com PRESIDENT’S PAGE Jane Winkler Dyche he focus of my efforts during this 1. KBA Communications – The effec- tioners, others would prefer more Tyear as President of the KBA has tiveness of KBA communications nuts and bolts sessions. The cost been to find out who makes up the was generally rated high (around of attending the convention is a group known as Kentucky lawyers, 7.5 – 8 on a scale of 1-10), but spe- concern, particularly for solo prac- what is important to Kentucky lawyers, cific suggestions were made for titioners and government lawyers. and what the Kentucky Bar Association improvements: 3. Prospective KBA Member can do to meet those identified needs. • Email – regular weekly or monthly Services/Benefits – Additional I cannot begin to tell you how impor- updates would be appreciated member services the respondents tant the efforts of those who participated • Web site – difficult to navigate would like to see provided fell mainly in the membership survey, KLU respon- and not user-friendly within technology areas, including der sessions, and stake-holder inter- • Bench & Bar – news sometimes an electronic forms database and dis- views have been in providing vital dated cussion boards for defined groups. information about where we are as 2. Current KBA Member 4. CLE and Kentucky Law Updates – Kentucky lawyers. Services/Benefits – Respondents Although most respondents indi- Recently 2,182 Kentucky lawyers were asked to provide feedback on cated they appreciated the opportu- completed the online membership sur- CLE, Casemaker, and the annual nity to fulfill their CLE requirements vey. That is a 17 % response rate. The convention. at no charge at the KLU, there was survey provides statistically reliable • CLE – Received the highest rating some dissatisfaction with the nature results and, along with other informa- (6.54 on a scale of 1-10) of the of programming – generally tion gathered throughout the year, is the three services. Respondents would described as too basic and not basis for developing a strategic plan for like to see more online CLE and addressing issues faced by some the KBA. A brief summary of the results more offerings for criminal practitioners. Respondents generally follows. lawyers and government lawyers. felt the CLE programming was • Casemaker – Having a free legal Kentucky Bar Association of good quality, but expressed dis- research tool was valued by most Membership Survey satisfaction with the accessibility of respondents, but many expressed CLE programming, indicating the Respondents were asked to provide concern over Casemaker’s limita- locations not being convenient input on KBA services, including CLE, tions, and 32.7% indicated they (very few in Northern and Western and KBA regulatory functions, such as were not aware of the service. A Kentucky), approval for prospective lawyer advertising and lawyer disci- sizeable number of respondents CLE being cumbersome and few pline. They were asked for input via indicated they used other services online CLE courses available. closed-ended questions, but were also due to the limitations of Case- given the opportunity to provide further maker. Common limitations of the 5. Lawyer Image – Respondents feedback in open-ended questions. service noted included: expressed an unwillingness to pay The comments given in response to ° Difficult to navigate and additional dues dollars or make a the open-ended questions were, as you search voluntary contribution to a lawyer might expect, both positive and nega- ° Not comprehensive image campaign without knowledge tive, which is healthy. In most instances, ° No annotations of the specifics of the campaign. A however, common concerns emerged. • Annual Convention – Although significant number of respondents The following is a snapshot of the some respondents feel the pro- indicated a wariness in supporting a respondents’ input: gramming favors general practi- formal campaign, stating that pro- May 2008 Bench & Bar 3 moting the good works of attorneys, Topping the list of challenges facing publicizing disciplinary actions Kentucky lawyers today is work/life Terms Expire on the against “bad” lawyers, and doing balance, closely followed by concern KBA Board of Governors more to control undignified lawyer for the image of the profession and pro- advertising would be more effective fessionalism/ethics/civility. Most of us On June 30 of each year, the terms in improving lawyer image than a cannot work any harder, so in order to expire of seven of the fourteen Bar formal campaign. work smarter and achieve a better bal- ance between work demands and the Governors on