Friday, January 30, 2015     

 A periodic newsletter providing information about the activities of the Kentucky Bar Association
and other information relevant to attorneys practicing in the Commonwealth of Kentucky.


January 2015

In this issue:


William E. Johnson

Douglass Farnsley

R. Michael Sullivan
Vice President

Thomas L. Rouse
Past President

Young Lawyers
Bradley J. Sayles, Chair

Executive Director
John D. Meyers


Board of Governors

1st District
Michael M. Pitman
W. Fletcher Schrock

2nd District
Thomas N. Kerrick
J. D. Meyer

3rd District
Melinda G. Dalton
Howard O. Mann

4th District
Amy D. Cubbage
Bobby Simpson

5th District
William R. Garmer
Eileen M. O'Brien

6th District
Gary J. Sergent
J. Stephen Smith

7th District
Earl M. McGuire
John Vincent 


The KBA's next New Lawyer Program -- scheduled for Jan. 28-29, 2015 -- will be held at the Marriott Louisville Downtown. All newly admitted members of the Kentucky Bar Association are required to complete the New Lawyer Program within 12 months of admission, unless they have practiced in another jurisdiction for a minimum of five years and apply for an exemption.

Note: The program is only offered twice a year, once in the winter and again in June. This is the first offering of the program for the 2015 calendar year. The program is offered free of charge for attorneys seeking to fulfill their New Lawyer Program requirements, pursuant to SCR 3.640.

Details on the January New Lawyer Program are posted on the KBA website under CLE - -New Lawyer Program. For questions about the program or your completion deadline, contact Jennifer Keitz at 502-564-3795, ext. 226 or jkeitz@kybar.org.

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As members of the legal profession, you know better than most what lawyers need to be successful. The Kentucky Bar Association and Educating Tomorrow’s Lawyers at the University of Denver are collaborating on a research study to identify the foundations entry-level lawyers need that will have far-reaching implications for the preparation of future lawyers. The future of the profession is integrally tied to our law schools, and your perspective is critical to these issues. All bar members are invited to take a short survey to contribute to the endeavor. The anonymous survey will take approximately 20 minutes, and can be answered in multiple sessions from the same device. This is an exciting opportunity to impact the future of legal education. Thank you for participating! Click this survey link to begin.

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The Kentucky Lawyers Assistance Program (KYLAP), the American Bar Association Commission on Lawyer Assistance Programs and the Hazelden Betty Ford Foundation announce their collaboration on a groundbreaking research project to survey the current rates of substance use, depression and anxiety among legal professionals in the United States. The Kentucky Bar Association is participating in this research study and encourages all members to participate even if you have not experienced any difficulties with substance use, depression or anxiety. ALL SURVEY RETURNS ARE ANONYMOUS.

The confidential survey is designed to capture current, reliable and credible data on these issues. This is data which will impart numerous benefits to virtually all sectors of the legal profession. Click this link to complete the survey and participate in the study.  All responses will be anonymous and go directly to the foundation’s Butler Center for Research which maintains the confidentiality of all data. No identifying information will be asked and all data will be de-identified including IP addresses. KBA members will be contacted again with this request once during the next three weeks, with a February 6 deadline for all survey returns. Your participation and assistance is greatly appreciated, according to Yvette Hourigan, KYLAP director.

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The Kentucky Bar Association, the Louisville Bar Association and the Louis D. Brandeis School of Law at the University of Louisville will host a Diversity and Inclusion Summit on Friday, April 10, at the Galt House Hotel in Louisville.

The summit will provide practical resources and ideas for firms to implement their own diversity and inclusion programs; assist management and other administrators with handling diversity issues; and emphasize ways to empower attorneys from diverse backgrounds to work through these same issues to become successful contributors in their places of employment.

Sharon E. Jones, a Harvard Law School graduate and president and founder of the Chicago-based Jones Diversity Group, will serve as speaker for the summit’s opening session. Additional summit participants include Judge Bernice B. Donald, the first African-American woman to serve on the U.S. Court of Appeals for the 6th District in Cincinnati; Judge Amul Thapar of the U.S. District Court for the Eastern District of Kentucky, the first South Asian Article III judge; Kentucky Court of Appeals Judge Denise Clayton, the first African-American woman to serve on the Commonwealth’s Court of Appeals; and Judge C. Derek Reed, district court judge for the 10th District Court in Hart and LaRue counties. Renee Shaw, producer and host of KET’s legislative coverage and host of “Connections with Renee Shaw” -- the state’s first statewide minority affairs program -- will serve as moderator for two of the summit’s panel discussions.

On Thursday, April 9, in conjunction with the event, 25 attorneys will participate with 25 law students, 25 undergraduate students and 25 high school students in a pipeline service project coordinated by the law school and the Legal Aid Society to rally the involvement of attorneys in mentoring diverse students from the high school level through college and law school. The pipeline project will serve as a continuation of the KBA Young Lawyers Division’s annual “Why Choose Law: Diversity Matters” project.

Special thanks to Frost Brown Todd LLC, Stites & Harbison PLLC, and Stoll Keenon Ogden PLLC for serving as Platinum Sponsors for this event. Sponsorship opportunities are still available; for more information, please contact Mark Flores at (859) 244-7529 or you can e-mail him at mflores@fbtlaw.com.

More information will be available in the January issue of the Bench & Bar. Please save the date and make plans to attend this important summit. Registration information will be available soon.

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Animal Law Section CLE Seminar, March 3

Save the date! On Tuesday, March 3, the Animal Law Section is sponsoring a CLE seminar at the Administrative Office of the Courts building in Frankfort. Details regarding the seminar agenda and CLE accreditation will be available on the section's webpage in the coming weeks. Questions? Contact Lori Alvey at lalvey@kybar.org or (502) 564-3795.

2015 Elder Law Section CLE Seminar, April 10

Save the date! On Friday, April 10, the Elder Law Section is sponsoring its annual CLE seminar at the University of Louisville's Shelby Campus. Details regarding the seminar agenda and CLE accreditation will be available on the section's webpage in the coming weeks. For more information, contact Lori Alvey at lalvey@kybar.org or (502) 564-3795.

13th Biennial Real Estate Law & Practice Institute, April 15

The Office of Continuing Legal Education at the University of Kentucky College of Law (UK/CLE) and the KBA Real Property Law Section are co-sponsoring the 13th Biennial Real Estate Law & Practice Institute on Wednesday, April 15, at the Fasig-Tipton Company in Lexington. The program has been accredited for 6.75 CLE credits in Kentucky. For additional information, call UK/CLE at (859) 257-2921 or download the conference brochure at

25th Annual Issues for Corporate House Counsel CLE Seminar, April 16

Save the date! On Thursday, April 16, the Corporate House Counsel Section is sponsoring its annual CLE seminar at the University of Louisville's Shelby Campus. Details regarding the seminar agenda and CLE accreditation will be available on the section's webpage in the coming weeks. For more information, contact Lori Alvey at lalvey@kybar.org or (502) 564-3795.

2015 Environmental Law Update CLE Seminar, April 22

Save the date! On Wednesday, April 22, the Environment, Energy and Resources Law Section is sponsoring its annual CLE seminar at the Thomas D. Clark Center for Kentucky History at 100 W. Broadway in downtown Frankfort. Details regarding the seminar agenda and CLE accreditation will be available on the section's webpage in the coming weeks. Questions? Contact Lori Alvey at lalvey@kybar.org or (502) 564-3795.

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Bryan StevensonBryan Stevenson, founder and executive director of the non-profit Equal Justice Initiative (EJI) in Montgomery, Ala., will serve as featured speaker on opening day of the Kentucky Bar Association’s 2015 Annual Convention planned for Wednesday-Friday, June 17-19, at the Lexington Convention Center. 

Stevenson is a widely acclaimed public interest lawyer who has dedicated his career to helping the poor, the incarcerated and the condemned. Under his leadership, EJI has won major legal challenges eliminating excessive and unfair sentencing, exonerating innocent death row prisoners, confronting abuse of the incarcerated and the mentally ill and aiding children prosecuted as adults. EJI has recently succeeded in winning a ban on life imprisonment without parole sentences imposed on children convicted of most crimes in the U.S. and has initiated major new anti-poverty and anti-discrimination efforts.

Stevenson’s work fighting poverty and challenging racial discrimination in the criminal justice system has won him numerous awards including the ABA Wisdom Award for Public Service; the MacArthur Foundation Fellowship Award Prize; the Olaf Palme International Prize; the ACLU National Medal Of Liberty; the National Public Interest Lawyer of the Year Award; the NAACP Ming Award for Advocacy, the Gruber Prize for International Justice; and the Ford Foundation Visionaries Award. He is a graduate of the Harvard Law School and the Harvard School of Government, has been awarded 13 honorary doctorate degrees and is also a Professor of Law at the New York University School of Law.

During the convention, Stevenson will sign copies of his memoir, “Just Mercy,” the story of “a young lawyer fighting on the frontlines of a country in thrall to extreme punishments and careless justice,” according to the publisher’s release. Copies of the book will be available for sale at the KBA’s onsite bookstore.

The 2015 KBA Annual Convention will feature the theme “Justice for All: Securing Access in a Diverse Society.” More exciting details on programming will be available soon. Please make plans now to attend.

(Bryan Stevenson photo by Nina Subin.) 

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In honor of Black History Month in February, the Kentucky Oral History Commission and the Louie B. Nunn Center for Oral History are excited to announce the availability of a unique collection of oral histories entitled “The Legacy of African American Judges in Kentucky in Kentucky Oral History.”

Who: Constance Ard, M.S.L.S. and Erica Bindner-Wooten, J.D. received funding from the Kentucky Oral History Commission and the Louie B. Nunn Center for Oral History to record and preserve the Legacy of African American Judges in Kentucky.

What: The Legacy of African American Judges in Kentucky Oral History, including three video interviews is available at http://www.kentuckyoralhistory.org/collections/legacy-african-american-judges-kentucky-oral-history-project.

When: The project launched in July 2013. Phase 1, a collection of interviews with 14 living judges and two community members concluded in August 2014.

Why: The project was conceived after research revealed that as of 2012, less than 25 African Americans had served as judges on Kentucky benches in the 220-year history of the state, with all but one of those serving after 1953.

According to the project’s organizers, “the stories of these unique and dynamic individuals have forged a path to broadening diversity in Kentucky’s judicial system.” Phase 2 of the project will capture the stories of family, friends and colleagues of deceased judges such as Ernie Jasmine, Neville Tucker, Charles Lunderman, James Crumlin, and J. Earl Dearing. This part of the project is slated for completion later in 2015. If you are interested in participating in an interview for the collection, please contact Erica Bindner-Wooten at erbindner@bellsouth.net or Constance Ard at constance@answermavensolutions.com.

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The United States District Court for the Eastern District of Kentucky entered a new General Order, effective Jan. 5, 2015, that will extend to federal practitioners the permission to use electronic devices in United States Courthouses throughout the Eastern District of Kentucky. For more information and a copy of the order, click here.

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The Kentucky Lawyers Assistance Program offers weekly open recovery meetings for lawyers, law students and judges in Northern Kentucky and Lexington. The Northern Kentucky Lawyers in Recovery meeting is held 7:30 a.m., on Tuesdays at Lakeside Christian Church, 195 Buttermilk Pike, Lakeside Park, (Erlanger). The church is located off I-75 exit 186 for Kentucky 371/ Buttermilk Pike. The facility will open at 7:15 a.m. Please bring your own coffee. The Lexington Kentucky Lawyers in Recovery meeting is held at 7:30 a.m. on Wednesdays at the Alano Club downtown, 370 East Second Street, Lexington, KY 40508.

All meetings are open to law students, lawyers and judges who are already involved or who are interested in a 12-step program of recovery, including but not limited to Alcoholics Anonymous, Narcotics Anonymous, Overeaters Anonymous and Al-Anon. Come meet other attorneys and network. All meetings and contacts are confidential. SCR 3.990. For additional information, please visit www.kylap.org, call (502) 564-3795, ext. 266, or email abeitz@kylap.org.

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The Kentucky Bar Foundation (KBF) Fellows Program recognizes those members of the Kentucky Bar who through their success in the practice of law and their generosity in contributing to the KBF have shown support for its mission. The program is designed to build an endowment fund, which will be the cornerstone for funding KBF’s grants in future years. Accordingly, 75 percent of Fellows receipts are placed directly into the board designated KBF Endowment Fund while the remaining amount of the payment supports KBF’s annual law-related grants.

KBA members in good standing may become a Life Fellow through a one-time, lump-sum contribution of $1,250. Members may also become a Fellow through an initial contribution of $300 and a pledge to contribute an additional $300 per year over the next four years. Upon completion of their pledges, such Fellows will attain the status of Life Fellow. To commemorate their contributions, all new Fellows and Life Fellows are recognized in the fiscal year of their enrollment at the KBF luncheon held during the KBA annual convention. Please consider supporting your Kentucky Bar Foundation and its continuing good works by enrolling as a Fellow. Click on the following link to obtain a Fellows Application:  http://www.kybar.org/documents/inside_kba/kbf_iolta/kbf_fellows_app.pdf


The Kentucky Bar Foundation, Inc., (KBF), seeks grant applicants within the Commonwealth who need funding for law-related programs or projects. Grant applications for the KBF’s 2014-2015 grant year are now available with a submission deadline of April 15. If you know of an organization that has a law-related program in need of funding, please contact the Kentucky Bar Foundation at 1-800-874-6582 to have the organization added to the mailing list for this year’s grant cycle. If you have questions, please contact either Gwen Smallenburg, gsmallenburg@kybar.org, or Todd Horstmeyer, thorstmeyer@kybar.org at the bar foundation offices.

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The Kentucky Workers' Compensation Law Annotated 2014 Edition with eBook, published in cooperation with the KBA Workers' Compensation Law Section, is now available for purchase from LexisNexis® for $45. The all-in-one reference provides complete coverage of the statutes, rules, and forms that govern workers' compensation law in the Commonwealth. The list price includes one softbound volume with eBook, which is available in epub format for use on devices like the Apple® iPad® and mobi format for use on devices like the Amazon® Kindle®, as well as downloading to your desktop, MDT or smartphone. To order, call LexisNexis® toll-free at (800) 223-1940 or contact your LexisNexis® sales representative. Additional information is also available on the KBA Workers' Compensation Law Section by clicking here.

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The Kentucky Bar Association announces the addition of Casemaker’s suite of premium services at no additional cost to its members. Members now have access to a suite of tools that make research faster and easier, in addition to Casemaker’s broad and comprehensive libraries that cover all 50 states and federal level materials. The new premium services include Casecheck+, CiteCheck and CasemakerDigest.

Casecheck+ which works like Shephard’s® and KeyCite® to notify you instantly of negative treatment, identifying whether your case law citations are still good law. Casecheck+ returns both positive and negative treatments instantly as you research and links to negative treatments so you can quickly review the citation history for both state and federal cases. It works seamlessly inside the new Casemaker and doesn’t require any extra steps to use. Members also have access to CiteCheck, which analyzes every citation in your brief (or your opponent’s) and provides you with a report of good law, negative treatments and potential citation format errors. In just moments, you have this critical information.

CasemakerDigest allows members to receive daily summaries of the latest state and federal appellate decisions (within 12-24 hours of publication) classified by practice area. Choose one area, a few or all, and get exactly the information you need when you need it.

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Find a Mentor and Take Charge of Your Future!

It pays to have a helping hand in the workplace when you’re just starting out in the practice of law. Many of us can benefit from having a mentor to guide, counsel and encourage us. The KBA Find a Mentor program is designed to connect experienced attorneys with new attorneys who are seeking advice and guidance in balancing the personal and professional demands of the practice of law.

How it works: Qualified mentors sign up and volunteer to participate in the GPS mentor program. New attorneys looking for assistance (mentees) may locate a mentor through the GPS website by the mentor’s location or area of practice. The mentee can view detailed information about potential mentors and then initiate first contact. This self-initiated contact may involve a single issue, or entail a more lasting, formal mentor relationship. The limits of the relationship are determined by the preferences of the participants.

This service is available to new attorneys admitted to practice in Kentucky for five years or less. For more detailed information visit www.kbagps.org and see what the program has to offer.


Looking for Upcoming KBA Accredited CLE Events?  
Look no further...
Check out www.kybar.org/580

This easy to use search engine contains up to date information on CLE events that have been accredited by the Kentucky Bar Association Continuing Legal Education Commission. Users can search by program date, name or sponsor for information about future and past events. Program listings include sponsor contact information, approved CLE and ethics credits, and KBA activity codes for filling out the certificate of attendance (Form #3).

Programs are approved and added in the order in which they are received. It may take up to two weeks for processing of accreditation applications. If an upcoming or past event is not listed in the database, check with the program sponsor regarding the status of the accreditation application.

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