LMICK Minute

News & Updates

Welcome New Kentucky Attorneys!

On Friday, the latest group of Kentucky attorneys swore they have never fought a duel and officially joined the Kentucky bar. We congratulate them on this great accomplishment! If you are fortunate enough to have a new attorney joining your firm, remember to fill out the “Add an Attorney” form on our website.

Illinois Supreme Court Holds Former Client May Seek Reimbursement of Punitive Damages Award in Legal Malpractice Lawsuit

The Illinois Supreme Court recently held the plaintiff in a legal malpractice case may seek the reimbursement of their actual damages, including any punitive damages the plaintiff was required to pay due to the alleged malpractice. For a full write-up, check out this article from Hinshaw Law.

News & Updates

Eastern Kentucky Flooding Disaster Recovery Continues

AppalReD, in conjunction with the Kentucky Bar Association and the American Bar Association Young Lawyers Division, is ready and able to assist Eastern Kentucky flood victims with legal services. Individuals needing assistance should call 1-844-478-0099 during business hours Monday through Friday.

Volunteer Opportunity: Pro Bono

If you are interested in providing pro bono assistance directly to flood victims, we recommend signing up as a volunteer with AppalReD on their website as they provide support for handling cases that may be outside of your typical practice area. Additionally, legal services organizations often offer legal professional liability coverage for those cases the lawyer handles on the organizations’ behalf. As a LMICK insured, your policy will generally cover your pro bono work. However, not all policies from all carriers are the same (and not all volunteer attorneys carry insurance). Always make sure your pro bono cases are covered (and with appropriate limits). For coverage questions under your LMICK policy, please contact us at 502-568-6100.

Volunteer Opportunity: Supporting the Legal Community

For those interested in supporting members of the legal community impacted by the flood, please consider the Kentucky Bar Association’s SOLACE program. Learn more about the program in our wellness section, below!

Disaster Response

LMICK is here for you

Once again Mother Nature has proven to be a formidable adversary. Only eight months removed from the record-breaking tornadoes that devastated parts of several Central and Western Kentucky counties, unprecedented flooding has destroyed parts of Eastern Kentucky. All of the families in those communities are in our thoughts and prayers. The LMICK Board and Staff are so sorry for the lives lost, the homes and keepsakes within them ruined, the businesses interrupted and the uncertainty they face about the days and weeks ahead. What is certain is that Kentuckians have and will continue to rally for these families and communities. There are a number of ways to contribute, but LMICK has already contributed time and resources to the Foundation for Appalachian Kentucky. They are doing powerful work and we recommend them for your consideration.

With regard to lawyers more specifically, we know that several lawyers also suffered personal and/or professional loss. Like the situation with the December tornadoes, LMICK Staff has attempted contact with all of our insureds in the affected areas. We have been heartened to hear that most of our insureds are safe and have suffered less loss and damage than we feared. However, we understand there may be delays in submitting renewal applications or premium payments. If you are facing these challenges, please let us know so we can work with you to come up with a plan. You will NOT lose coverage due to flood-related delays.

News & Updates

New KBA Ethics Opinion Addresses when a Potential Client becomes a Prospective Client

Many of you attended our session at the Kentucky Bar Association’s Annual Convention exploring when an attorney-client relationship begins. We advised of a forthcoming ethics opinion that would shed more light on the subject and promised to share it when it became available. The KBA Ethics Committee has now published its most recent opinion which focuses on when a potential client becomes a prospective client. We have a short summary of the Opinion on our website but encourage everyone to read the opinion in its entirety in the July Bench and Bar Magazine. Then, check out our On-Demand CLE library later this summer for our updated CLE, Wait, What Do You Mean She is My Client? When Casual Conversations Create an Attorney-Client Relationship.

To Our Policyholders:

What an honor to serve Lawyers Mutual of Kentucky’s (“LMICK”) insureds and the lawyers of the Commonwealth of Kentucky for another year. This sentiment is echoed, I know, by the entire LMICK Staff and Board. As a mutual insurance company, LMICK is your company and we are proud to work with you and for you. In anticipation of the upcoming Annual Meeting (more details below), we wanted to take this opportunity to update you on the state of the company and to reflect a bit on 2021.

We Are a Community of Kentucky Lawyers.

Importantly, 2021 marked LMICK’s 15th consecutive profitable year. This accomplishment was made possible, in large measure, by your continued loyalty and support. Thank you. As I say in a note that I write to all those new or returning to LMICK: we appreciate having you as an insured. The financial stability that the Company enjoys allows us to serve the needs of our insureds, specifically, and Kentucky lawyers more broadly. We ended 2021 with a renewal rate of 96% for firms and 97% for attorneys. One hundred and twenty-six (126) new attorneys became LMICK insured in 2021. We would be proud of these numbers in normal times, but to hit these benchmarks in a year in which we continued to fight through a pandemic was remarkable. Together, as a community of Kentucky lawyers, we’ve persevered, and I dare say thrived.

News & Updates

Lawyers Mutual of Kentucky Voting Open Until June 10, 2022

If you are the primary name on your LMICK policy, please be aware that proxy materials were sent via email on Monday, May 9 from IntelliScan. Voting for the Board of Directors and on other LMICK business is open until June 10th!.

June 30, 2022 Deadline for Comments to Proposed Amendments to Rules:

Family Court Rules of Practice and Procedure Amendments
The Kentucky Supreme Court is considering proposed amendments to the Family Court Rules of Practice and Procedure. The proposal replaces Subsection 6 (Case Management) of FCRPP 2 Preliminary Matters with two new rules addressing mediation (FCRPP 39) and case management conferences (FCRPP 40). All written comments to the proposed amendments must be submitted electronically to This email address is being protected from spambots. You need JavaScript enabled to view it. by June 30, 2022.

Rules of Appellate Procedure
The Kentucky Supreme Court is also considering proposed amendments to the Rules of Appellate Procedure. Commentary to the amendments explains an overarching goal of simplifying the rules to eliminate common points of confusion among practitioners and pro se appellants. Comments to the proposed rules must be submitted electronically to This email address is being protected from spambots. You need JavaScript enabled to view it. by June 30, 2022.

If you practice family or appellate law, please consider offering your thoughtful comments on the proposed amendments.

News & Updates

Congratulations to Kentucky’s Newest Attorneys!

LMICK would like to congratulate Kentucky’s (soon to be) newest attorneys! The swearing in ceremony is set for Friday, April 22, 2022 in Frankfort. If you have a newly admitted attorney joining your practice, remember to add them to your policy by filling out the form on our website.

Amendments to the Kentucky Supreme Court Rules Effective April 1, 2022

The Kentucky Supreme Court announced several proposed amendments to the rules have been approved and became effective on April 1, 2022. We encourage you to review and note any rules that impact your practice. To get you started, we have highlighted the most significant changes, here.

News & Updates

Effective April 1, 2022: Amendments to the Kentucky Supreme Court Rules

The Kentucky Supreme Court announced several proposed amendments to the rules have been approved and will be effective on April 1, 2022. We will provide a more thorough review of the rules in our April edition of the LMICK Minute.

New Kentucky Ethics Opinion: KBA E-454 Addresses the Ethical Obligations of an Attorney as a Guardian Ad Litem

The Kentucky Bar Association Ethics Committee has issued a formal ethics opinion addressing duties of a GAL. The opinion discusses how “[c]ritics have argued that the ‘best interest’ representation as a GAL under Kentucky law (KRS 387.305), especially in family law cases, does not ‘comport’ with an attorney’s ethical responsibilities under the Kentucky Rules of Professional Conduct….[C]ritics maintain that a ‘best interest’ lawyer who substitutes his or her best-interest judgment for that of the child runs afoul of the duties to ‘…advocate…zealously…the client’s position’ and to ‘…abide by a client’s decisions concerning the objectives of [the] representation.’” This opinion addresses these concerns and provide guidance to attorneys acting as a GAL. Read the full opinion here.

News & Updates

New Rules Impacting Mediation Effective February 1, 2022
The Kentucky Supreme Court has entered Administrative Order 2022-04, which replaces in their entirety the Model Mediation Rules and AP Part XII, Mediation Guidelines for Court of Justice Mediators.

Legal Food Frenzy is Underway!
Every year, the Young Lawyers Division of the Kentucky Bar Association asks our legal community to do its part in working toward a #HungerFreeKentucky. This year's campaign will kick off on February 7th. Register your team now and find more information at kyfoodfrenzy.com!

Western Kentucky Tornado Response
The FEMA Application deadline was on February 11, 2022. For survivors needing assistance with appeals and other disaster related legal assistance, free legal help is available for Kentucky tornado survivors by calling 877-782-4219. Visit our Disaster Response Information page for more information and resources.

News & Updates

Western Kentucky Tornado Response

• Free Legal Help is Available for Kentucky Tornado Survivors by calling 877-782-4219.
• Attorney Volunteers are still needed! Kentucky Legal Aid has created an online portal for attorneys who are interested in assisting survivors in need of legal services.