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.
Employment Law: Congress Passes Reform Prohibiting Mandatory Arbitration of Workplace Sexual Misconduct Claims
Federal reform will now prohibit mandatory arbitration of workplace sexual misconduct claims. This change comes after a back-and-forth in Kentucky law since 2018, when the Supreme Court of Kentucky held mandatory arbitrations in employment were prohibited. In response, 2019 legislation amended KRS 336 and 417 to allow mandatory arbitration in the employment context. Once the federal act is signed into law, Kentucky employers will need to review mandatory arbitration clauses and work with legal counsel to determine how to amend or change the agreements.
Bond Customers: Change in Local Taxes on Premiums
Current bond customers may note a slight increase with their next premium, particularly those used to the flat $35 premium for notary bonds. This is due to a change in the calculation of local taxes which are now reflected on the premium invoice. If you have any questions, please contact The Bar Plan Mutual Insurance Company at 877-553-6376.
Click here for more information about our bonds, including court bonds, notary bonds, and public official bonds.
Western Kentucky Tornado Response
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.
Practice Tips
Disaster Preparedness Series:
Checklist: Preparing Information for Your Back-Up Attorney
Now that you have identified your back-up attorney and executed a written agreement, what information do they need to effectively perform their duties and fill-in for you? Our latest installment provides a checklist of information we recommend preparing for your back-up attorney.
Wellness Corner
New Study Spotlights Excess Alcohol Consumption Among Lawyers
A new study published by Yale Law challenges assumptions about lawyer mental health. The new study was recently discussed in the ABA Journal and pointed to the conclusion that “[l]awyers consume alcohol ‘at extraordinary rates’ compared to their educational peers,…[b]ut lawyers don’t have significantly higher rates of mental illness than others, including doctors, veterinarians and dentists.” This is in contrast to a 2016 ABA Study which concluded younger lawyers were at a higher risk of mental health issues. Both studies, however, spotlight significant excess alcohol use among lawyers compared to other professions and the general population.
Although additional research is needed in this area, it is worth reflecting on how we incorporate alternatives to alcohol in social events in the legal profession. Click here for a perspective on navigating networking events as a person who does not drink and here for ideas on how to incorporate alcohol alternatives in your events.
Upcoming Events
Free Ethics CLE: Monday, March 28th at 12:00 p.m. EST
Improving Lawyer Competence with a Trauma-Informed Approach
LMICK is partnering with Dr. Heather Risk, Licensed Psychologist, and attorney Dorislee Gilbert to provide our first quarter CLE to our insureds.
Lawyers often represent or interact with individuals who have been impacted by trauma. Understanding the neurobiological impact of trauma—and the resulting behavioral results—can help the client and the lawyer more successfully navigate the representation. Attendees will gain practical, easy-to-implement steps for representing trauma-impacted clients competently, including techniques for communicating effectively with such clients.
This live, virtual session will occur on Monday, March 28th at 12:00 p.m EST. Click here for more information and to register.
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Need a CLE Speaker? Click here to schedule an ethics CLE for your event!