Please note that effective July 15, 2009 the Kentucky Supreme Court promulgated an extensive revision of the Kentucky Rules of Professional Conduct. Newsletters predating this revision that cite the Kentucky Rules of Professional Conduct must be cross-checked with the 2009 Rules for changes that could alter the information included in the newsletter or article.

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Fall 2009, Volume 20 Issue 4
Kentucky Supreme Court Rules That Loss Of Consortium Damages Under KRS 411.145 Do Not Cease At Death
Close Is Not Good Enough to Preserve an Uninsured Motorist Claim
High-Risk Behavior Leads to Malpractice Claims
Lawyer Scams

Summer 2009, Volume 20 Issue 3
Risk Managing the 2009 Kentucky Rules of Professional Conduct
Writing Requirements
New Emphasis on Supervisory Professional Responsibility
Disputed Client Trust Account Funds
Improved Guidance For Conflicts of Interest Analysis
Reporting Incidents of Potential Malpractice to an Intruder
Definitive Guidance on Returning Client Files

Spring 2009, Volume 20 Issue 2
2009 Annual Policyholders' Meeting
Fee Disputes and Legal Malpractice
Plaintiff's Lawyers Can Be Individually Liable When Judgment or Settlement Proceeds Owed to Medicare Are Not Paid
Bankruptcy - Client Trust Accounts
How Would You Deal with this Situation?

Winter 2009, Volume 20 Issue 1
Lawyers Mutual Offers Expanded Insurance Coverage
Getting Paid in Hard Economic Times
Common Billing Mistakes
Avoiding Malpractice in Foreclosure Suits and Sales
Scam Alert

Fall 2008, Volume 19 Issue 4
Avoiding Malpractice When a Party to a Suit Dies
Ineffective Assistance of Criminal Defense Counsel — Is There a Duty to Advise Foreign Nationals of Their Right to Consult with Their Country’s Consular Mission?
Competence — Advising Small Business Service-Disabled Veterans on Federal Contracting Preferences
Avoid Malpractice Claims and Third Party Liability by Knowing How to Resolve Disputed Claims for Client Trust Account Funds and Allegations of Improper Disbursement of Funds

Summer 2008, Volume 19 Issue 3
How Safe is the Bank that Holds Your Client Trust Account?
The 'New New' Thing in Inadvertent Disclosure — Risk Managing Redaction
Mediation Requires All the Competence of a Trial

Spring 2008, Volume 19 Issue 2
Unusual Lawyer Liability Issues Reviewed at the Kentucky Justice Association's Seminar: Legal Malpractice — The Evil of Which We Do Not Speak
Risk Managing Estate Planning More Complex Than Ever

Winter 2008, Volume 19 Issue 1
Computation of Time Deadlines and Leap Year 2008
The Subprime Mortgage Mess Heightens the Risk of Malpractice Claims
Avoid Appellate Malpractice by Specifically Identifying the Issues

Fall 2007, Volume 18 Issue 3
Lawyers Mutual Celebrates its 20th Anniversary
What Do You Do When a Joint Client Revokes a Conflict Waiver?
Should You Accept Credit Cards for Fee Payments
Avoid a Malpractice Trap When Obtaining Medical Records

Spring 2007, Volume 18 Issue 2
Please Release Me—A Malpractice Trap for the Unwary
The Dangers of Serving as an Escrow Agent
Risk Managing Conflicts of Interest When Advising the Elderly in Estate Planning

Winter 2007, Volume 18 Issue 1
Negligent Advice Malpractice Claims
Client Trust Account Horror Story
Standard of Care: Expert Witnesses in Personal Injury Cases
Maintaining Competency When Advising Servicemembers and Their Families

Fall 2006, Volume 17 Issue 4
The Pitfalls of Practicing Law by Mail
New Ruling Makes a Major Change in Contingent Fee Dispute Resolution
When is a Client Not a Client and Vice Versa?

Summer 2006, Volume 17 Issue 3
Firing a Non-Paying Client Results in Public Reprimand
What We Have Here is a Failure to Communicate
U.S. Supreme Court Approves Amended Rules on E-Discovery
How to Avoid Complaints and Claims in Divorce Representation

Spring 2006, Volume 17 Issue 2
Illinois Statute of Limitations Malpractice Case a Good Object Lesson for Kentucky Lawyers
"A Computer Virus Ate My Records" is No Defense to a Bar Complaint Over Fees
Risk Managing Senior Status Lawyers
Competence in the Law is Mandatory and the Best Risk Management

Winter 2006, Volume 17 Issue 1
Taking Disputed Fees from a Client Trust Account Earns Lawyer 18 Month Suspension

Fall 2005, Volume 16, Issue 4
Common Errors that Prevent Use Of An Expert Witness
IRS Standards for Lawyers Advising on Tax Shelters
Keeping Up With the Servicemembers Civil Relief Act
D.C. Federal District Court Ruling That Privacy Laws Don’t Apply to Lawyers Appealed
BEWARE the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005
Hurricane Katrina and Law Firm Disaster Planning
Do You Know How to Risk Manage E-Discovery?
Grabbing and Leaving – KBA Ethics Opinion 424

Summer 2005 - Volume 16, Issue 3
Ten Technology Traps and How to Avoid Them
Post Conviction Motions to Vacate or Set Aside a Sentence Signal a Malpractice Claim for Ineffective Assistance of Counsel May Be on the Way

Spring 2005 - Volume 16, Issue 2
Common Errors Disclosed in Appellate Decisions
Conflict Avoidance: Top 10 List
Family Law: Post Divorce Risk Management

Winter 2005 - Volume 16, Issue 1
Risk Managing Representation of Clients with IRS Tax Problems
Computer Assisted Legal Research - CALR - Are You on Board?
Do You Know How to Do the Pro Hac Vice and Avoid a Malpractice Claim?
Immigration and Naturalization Law Malpractice - Duty to Determine Client's Immigration Status A Checklist for Risk Managing Settlements

Fall 2004 - Volume 15, Issue 4
The Check 21 Act and Client Trust Accounts Environmental Law Malpractice
Warning Flags Know Your Opinions in Divorce Breaching Client Confidentiality-Duh?
If Old Age Isn't for Sissies, Representing Older Adults Isn't for Wimps

Summer 2004 - Volume 15, Issue 3
New and Improved Web Site-www.lmick.com
Nonclient Liability
Bank Failure Exposes Lawyer to Liability for Trust Fund Loss Taking on Someone Else's Dissatisfied Client

Spring 2004 - Volume 15, Issue 2
Looking for an Ethics CLE Program?
Servicemembers Civil Relief Act (SCRA) Signed Into Law
Civil Rule 60.02 Motion Does Not Toll The One-Year Statute Of Limitations For Legal Malpractice Suits – KRS 413.245
Untruthful Negotiations

Winter 2004 - Volume 15, Issue 1
Avoiding Malpractice When Making Claims Against US Government Agencies

Fall 2003 - Volume 14, Issue 4
Soldiers' and Sailors' Civil Relief Act Expanded to Cover National Guard Members Responding to a National Emergency
Limited Scope Representations Must Be Carefully Risk Managed

Summer 2003 - Volume 14, Issue 3
Another One Bites the Dust!
(Civil Rule 8.01 Takes out Plaintiffs and Their Counsel)

Spring 2003 - Volume 14, Issue 2
The Three Most Important Words in Real Estate
Immigration Information Checklist

Winter 2003 - Volume 14, Issue 1
Malpractice Risk in Divorce Matters

Fall 2002 - Volume 13, Issue 4
Risk Managing Maternity Leave

Summer 2002 - Volume 13, Issue 3
Cyberspace, Malpractice and You

Spring 2002 - Volume 13, Issue 2
National Conference Studies Malpractice & Risk Management Trends
Advising Real Estate Broker Clients
Federal Rules of Civil Procedure Now Permit Electronic Service

Winter 2002 - Volume 13, Issue 1
2001 Malpractice Review

Fall 2001 - Volume 12, Issue 4
Hard Economic Times Mean a Surge in Real Estate Malpractice Claims

Spring 2001 - Volume 12, Issue 2
Malpractice Trends
Nationwide Family Lawyers Struggle with Marital Assets Settlements

Winter 2001 - Volume 12, Issue 1
QDROs, Pensions, and Malpractice
New and Recent Legal Malpractice and Professional Responsibility Publications

Fall 2000 - Volume 11, Issue 4
HUD Issues New Lead-Based Paint Hazard Regulation
What Should You Do If Your Client Asks for Return of Files in Computer Disk Form?
Risk Management Lessons Learned from other Jurisdictions

Summer 2000 - Volume 11, Issue 3
Settlement Malpractice - Proving Actual Settlement Authority
Fielding Telephone Inquires
Don't Pay for Another's Error

Spring 2000 - Volume 11, Issue 2
Risk Managing Limited Liability Forms of Practice

Winter 2000 - Volume 11, Issue 1
Supreme Court Approves Limited Liability Forms of Practice for Kentucky Lawyers
Bull Markets and Malpractice

Fall 1999 - Volume 10, Issue 4
Avoid this Underinsured Motorist Malpractice Trap
The Hot Potato Client - Want to Drop a Current Client to Avoid a Conflict of Interest with a Lucrative new matter.
Risk Managing a Firm Merger

Summer 1999 - Volume 10, Issue 3
Future Shock - Automated Federal Docket Tracking
Consumer Report Malpractice
The Problem for Lawyers
Risk Managing the Hazard

Spring 1999 - Volume 10, Issue 2
Developing Malpratice Issues
Judgmental Immunity
Settlements
Does Your Client Have Insurance for Litigation Expenses??

Winter 1999 - Volume 10, Issue 1
Divorce and Taxes - Innocent Spouse Elections
Firm's Internal Memoranda on Potential Malpractice Claim not Privileged
Adequate Preparation in the Age of Computer Assisted Legal Research - CALR
Recent Change to Client Trust Account Rules: Overdraft Notification
Beware of the Easy Stuff

Fall 1998 - Volume 9, Issue 4
Consumers Protection Laws and Lawyer Liability
Y2K-Year 2000 Computer Problem & Lawyers

Summer 1998 - Volume 9, Issue 3
New Law Limits Sale of Structured Settlements
Fair Credit Reporting Act Violations and Lawyer Liability
The Perils of Splitting Fees

Spring 1998 - Volume 9, Issue 2
Choosing the Right Amount of Coverage
Follow Up... Limited Liability Forms of Practice - The Sound of Silence
Want to Serve as Corporate Director

Winter 1998 - Volume 9, Issue 1
Y2K and Malpractice
Incidents of Potential Malpractice Are Not Incidental
The Advantages of Purchasing Insurance Directly From An Insurance Company

Fall 1997 - Volume 8, Issue 4
Follow Through On Federal Law Developments:
Are Bad Checks Covered by the Fair Debt Collection Practices Act?
Medicaid Fraud: Putting Grandma's Lawyer in Jail
I Can't Find My Client

Summer 1997 - Volume 8, Issue 3
It's back!!! 'The Appearance of Impropriety'
Weighty Mail

Spring 1997 - Volume 8, Issue 2
Legal Malpractice In Kentucky: How Are We Doing?
Top Ten Malpractice Claims by Area of Practice
Significant Observations From the 1996 ABA-NABRICO National Legal Malpractice Data Study

Winter 1997 - Volume 8, Issue 1
S Corporations
Residential Lead-Based Paint Hazard Reduction Act of 1992
Medicaid Fraud - Putting Grandma In Jail
The Fair Debt Collection Practices Act and Bad Checks
Boilerplate In Wills Continues to Cause Problems
Computer Malpractice

Fall 1996 - Volume 7, Issue 4
A.M. Best Rates Lawyers Mutual 'Very Good'
Divorce Malpractice Style
Collecting Debts? Watch Out For The Fair Debt Collections Practices Act!

Summer 1996 - Volume 7, Issue 3
Client Files Part II: How to Properly close and Destroy Client Files
When To do Conflicts Checks

Spring 1996 - Volume 8, Issue 2
Settlement Negotiations and the 'Apparent Authority' Doctrine
Client Files Part I: How Long Should You Keep Client Files?
Negligent Referral To Other Lawyers & Malpractice Liability

Winter 1996 - Volume 7, Issue 1
Structured Settlements
Computation Of Time And Leap Year 1996
Nonclient Liability: The Beat Goes On And On!!
Ten Commandments of Real Estate Closings