Volume 75 Number 5 September 2011 In this Issue: Lawyers Helping Lawyers Is your family growing? Level Term Life Insurance Individual Own Occupation Disability Insurance IN PERSON, IN YOUR MAILBOX, ONLINE, NIA. NATIONAL INSURANCE AGENCY INC. Professional Association & Affinity Insurance Services 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® >ÜÞiÀÃÊÕÌÕ>ÊÕ`iÀÃÌ>`ÃÊÞÕÀÊLÕÃiÃð "Ì iÀÊV«>iÃÊÕÃÌÊÜ>ÌÊÞÕÀÊLÕÃiÃÃ°Ê *OIPVTFDPVOTFMGSPNMFGUUPSJHIU1FUF(VMMFUU +BOF#SPBEXBUFS-POH %FM03PBSL #PC#SFFU[ >ÜÞiÀÃÊÕÌÕ>½ÃÊ iiwÌÃ\ UÊ >>}i`ÊLÞÊ>Ê >À`ÊvÊiÝ«iÀiVi`Ê UÊ ÀiiÊiÝÌi`i`ÊÀi«ÀÌ}Ê«iÀ`Ê iÌÕVÞÊ>ÜÞiÀà i`ÀÃiiÌÊ­ºÌ>»®ÊVÛiÀ>}iÊ«ÀÛ`i`Ê UÊ ÝViiÌÊÀÃÊ>>}iiÌÊ«À}À>à իÊ`i>Ì ÊÀÊ`Ã>LÌÞ UÊ *ÀiÕÃÊ>ÀiÊÌ>Ài`ÊÌÊiÌÕVÞÊi}>Ê UÊ ÀiiÊiÝÌi`i`ÊÀi«ÀÌ}Ê«iÀ`Êi`ÀÃiiÌÊ iÝ«iÀiViÊ" 9ÊqÊÌÊ>Ê>Ì>Ê« ­ºÌ>»®ÊVÛiÀ>}iÊvÀÊÀiÌÀ}Ê>ÌÌÀiÞÃÊÜ Ê >ÛiÊLiiÊÜÌ Ê>ÜÞiÀÃÊÕÌÕ>ÊvÀÊwÛiÊ UÊ 1«ÊÌÊf£ä]äääÊvÀÊ>ÌÌÀiÞÊviiÃÊÊ`ivi`}Ê VÃiVÕÌÛiÊÞi>Àà >ÊL>ÀÊV«>ÌÊ­ÕÌÃ`iÊvÊ«VÞÊÌîʫiÀÊ «VÞÊ«iÀ` UÊ *ÀiÛiÌÛiÊi}>Ê>`ÛViÊ>`ÊV>ÃÊÀi«>À UÊ fxääÊÃÃÊvÊi>À}]ÊvÀÊi>V Ê>i`ÊÃÕÀi`]Ê UÊ ÕÀÊiÌÕVÞÊ>ÜÞiÀÃÊÜÌ Ê«ÀÛiÊiÝ«iÀÌÃiÊ i>V Ê`>ÞÊÜ iÊ>ÌÌi`}Ê>ÊÌÀ>]Ê>ÀLÌÀ>Ì]Ê >`ÊiÝ«iÀiViÊi>`ÊÌ iÊÌi>Ê i`>ÌÊÀÊ`i«ÃÌÊÕ«ÊÌÊf£ä]äääÊ ­ÕÌÃ`iÊvÊ«VÞÊÌîʫiÀÊ«VÞÊ«iÀ` -Ì«Êà ««}ÊÀ>ÌiÃÊ>`ÊÃÌ>ÀÌÊà ««}ÊÜ ÊV>Ê Ài«ÀiÃiÌÊÞÕÊLiÃÌ° UÊ ÊV >À}iÊvÀÊ«ÕLVÊvwV>Êi`ÀÃiiÌÊ ­ ÕÌÞÊÌÌÀiÞ]Ê>ÃÌiÀÊ ÃÃiÀ] ÀÊ>ÊV«iÌiÊÃÌÊvÊÕÀÊ«VÞÊvi>ÌÕÀiÃÊV>Ê Üi>Ì ÊÌÌÀiÞ® >VÞÊiÞiÀÃÊÀÊÛÃÌÊÕÀÊ7iLÊÃÌiÊÌÊ`ÃVÛiÀ Ü >ÌÊ>ÜÞiÀÃÊÕÌÕ>ÊV>Ê`ÊvÀÊÞÕ°Ê UÊ ÛiÀ>}iÊvÀÊ>VÌÃ]ÊiÀÀÀÃ]Ê>`ÊÃÃÃÊ >ÞÜ iÀiÊÊÌ iÊÜÀ` ««ÞÊ"iÊÜÌ ÊÕÀÊ+ÕVÊ+ÕÌit ÎÓÎÊ7°Ê>Ê-Ì°]Ê-ÌiÊÈääÊUÊÕÃÛi]Ê9Ê{äÓäÓ xäÓ°xÈn°È£ääÊUÊnää°nää°È£ä£ÊUÊÜÜÜ°V°VÊUÊiÞiÀÃJV°V #Z,FOUVDLZ-BXZFSTt'PS,FOUVDLZ-BXZFSTt'PVOEFEJO ««ÀÛi` LÞ\ iÌÕVÞ >À ÃÃV>Ì] iÌÕVÞ ÕÃÌVi ÃÃV>Ì] ÕÃÛi >À ÃÃV>Ì] ÀÌ iÀ iÌÕVÞ >À ÃÃV>Ì] / i 9Õ} >ÜÞiÀà -iVÌ v Ì i 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.