This index facilitates research of Lawyers Mutual’s newsletter and sponsored KBA Bench & Bar articles written by Del O’Roark. Users are cautioned that these materials are intended to be risk management alerts and aids. They are not intended to be legal advice on specific questions. Rather it is hoped that this collection of materials will serve as helpful information for the start of updated research on risk management and professional responsibility questions.

Please note that effective July 15, 2009 the Kentucky Supreme Court promulgated an extensive revision of the Kentucky Rules of Professional Conduct. Newsletters and Bench & Bar articles 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.

A-FG-MN-ST-Z

Accommodation of Non-Affiliated Lawyer:

• Malpractice Trends (NL-Spring 2001)
• Risk Management Lessons Learned From Other Jurisdictions – Too Accommodating (NL-Fall 2000)

Appellate Practice:

• Avoid Appellate Malpractice by Specifically Identifying the Issues (NL – Winter 2008)
• Common Errors Disclosed In Appellate Decisions (NL—Spring 2005)
• Appealing Ethics (B&B Jan 2002, Vol.66, No.1)

Asset Evaluation:

• Know Your Options in Divorce (NL-Fall 2004)
• Malpractice Risk in Divorce Matters Captures the Headlines in 2002 (NL-Winter 2003)
• 2001 Malpractice Review—What’s Hers? What’s His? (NL-Winter 2002)
• Nationwide Family Lawyers Struggle with Marital Assets Settlements (NL-Spring 2001)
• QDROs, Pensions, and Malpractice (NL-Winter 2001)
• Bull Markets and Malpractice (NL-Winter 2000)
• Divorce Malpractice Style (NL-Fall 1996)

Audio and Video Tape:

• Sex, Lies, and Videotape (NL-Winter 2003)

Avoiding Malpractice Claims:

• The Impact of the Credit Crunch on Lawyer Risk Management (B&B July 2009, Vol. 73, No. 4)
• Hard Economic Times Mean More Malpractice Claims (B&B January 2009, Vol. 73, No. 1)
• Competence in the Law is Mandatory and the Best Risk Mangement (NL-Spring 2006)
• Dodging a Blank! Avoiding a Frivolous Malpractice Claim ( B&B-January 2005, Vol. 69, No. 1)

Bankruptcy:

• Bankruptcy — Client Trust Accounts (NL—Spring 2009)
• The Elevated Risks Associated with Insolvent Clients (ABA Fall 2008)
• BEWARE the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (NL-Fall 2005)

Business Transactions with Clients:

• Investing in Client.Com (B&B Sep. 2000, Vol. 64, No. 5)

Check Lists:

• Risk Management & Professional Responsibility Law Practice Assessment

Client Confidentiality:

• The “New New” Thing in Inadvertent Disclosure — Risk Managing Redaction (NL-Summer 2008)
• A Checklist for Avoiding Inadvertent Disclosure of Confidential Information and Privileged Communications (NL-Summer 2008)
• Breaching Client Confidentiality - Duh? (NL-Fall 2004)

Clients:

• Avoiding Malpractice When a Party to a Suit Dies (NL – Fall 2008)
• Negligent Advice Malpractice Claims (NL – Winter 2007)
• When is a Client Not a Client and Vice Versa? (NL – Fall 2006)
• What we Have Here is a Failure to Communicate (NL-Summer 2006)
• Client Files
  • Taking On Someone Else's Dissatisfied Client (NL-Summer 2004)
  • The Secret Life of Client Files (B&B-January 2003, Vol. 67, No.1)
  • What Should You Do If Your Client Asks For Return Of Files In Computer Disk Form? (NL-Fall 2000)
• Client Files Part II: How To Properly Close and Destroy Client Files (NL-Summer 1996)
• Client Files Part I: How Long Should You Keep Client Files? (NL-Spring 1996)
• Competence: Golden Oldies, The Graying of Professional Responsibility (B&B-Fall 1997, Vol.61, No.4)
• Disengagement: How to Fire a Client (B&B May 2001, Vol. 65, No. 3)
• Financial Transactions with Clients: Investing in Client.Com (B&B Sep. 2000, Vol. 64, No. 5)
• Missing Client: I Can't Find My Client! (NL-Fall 1997)
• Prospective Clients: Prospective Clients, Neither Fish Nor Foul (B&B-May 2003, Vol.67, No. 3)

Computers:

• The “New New” Thing in Inadvertent Disclosure — Risk Managing Redaction (NL-Summer 2008)
• A Checklist for Avoiding Inadvertent Disclosure of Confidential Information and Privileged Communications (NL-Summer 2008)
• Ten Technology Traps and How to Avoid Them
• Computer Assisted Legal Research – CALR – Are You on Board? (NL—Winter 2005)
• Computer Assisted Legal Research — Developing Malpractice Issues – Adequate Preparation in the Age of Computer Assisted Research –CALR (NL-Winter 1999)
• Computer Malpractice Risks — Computer Malpractice (NL-Winter 1997)
• Future Shock — Automated Federal Docket Tracking (NL-Summer 1999)
• Is It Time For Your Firm to Start Online Data Backup? (NL-Fall 2003)
• Work Control — L + C Cubed = RM Squared, A Formula For Malpractice Risk Management (B&B Spring 1998, Vol.62, No. 2)

Conflicts of Interest:

• What Do You Do When a Joint Client Revokes a Conflict Waiver? (NL—Fall 2007)
• What Do Hot Potato Clients Have in Common With Thrust Upon Clients? (B&B, May 2006, Volume 70, Number 3)
• Ineffective Screening Can Be Costly (NL—Winter 2006)
• Conflict Avoidance: Top Ten List (NL—Spring 2005)
• Appearance of Impropriety — It’s Baaaack !!! — “The Appearance of Impropriety” (NL-Summer 1997)
• Check List — L + C Cubed = RM Squared, A Formula For Malpractice Risk Management (B&B Spring 1998, Vol.62, No. 2)
• When To Do Conflict Checks — “Do them early; do them often; do them accurately.” (NL-Summer 1996)
• Dropping a Client to Take A New Client — The Hot Potato Client (NL-Fall 1999)
• Financial Interest in Client’s Business — Investing in Client.Com (B&B Sep. 2000, Vol. 64, No. 5)

Consumer Issues:

• Fair Credit Reporting Act — Consumer Report Malpractice (NL-Summer 1999)
• Consumer Protection Laws and Lawyer Liability (NL-Fall 1998)
• Fair Credit Reporting Act Violations And Lawyer Liability (NL-Summer 1998)
• Fair Debt Collection Practice Act — Consumer Protection Laws and Lawyer Liability (NL-Fall 1998)

Contract Lawyers: Barrister In A Box, Contract Lawyers In Kentucky (B&B-Spring 1997, Vol. 61, No. 2)

Corporate Director: Serving As Corporate Director (NL-Spring 1998)

Damages:

• Kentucky Supreme Court Rules That Loss Of Consortium Damages Under KRS 411.145 Do Not Cease At Death (NL—Fall 2009)
• Another One Bites The Dust! Civil Rule 8.01 Takes Out Plaintiffs (And Their Counsel) (NL-Summer 2003)

Defense Counsel:

• 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? (NL – Fall 2008)
• Post Conviction Motions to Vacate or Set Aside a Sentence Signal a Malpractice Claim for Ineffective Assistance of Counsel May Be on the Way (NL-Summer 2005)

• Risk Managing The 2009 Kentucky Rules Of Professional Conduct (NL -- Summer 2009)

Law Firms:

• Boss Professional Responsibility (B&B-May 2007, Vol. 71, No. 3)
• Grabbing and Leaving – KBA Ethics Opinion 424 (NL-Fall 2005)
• Client Files — The Secret Life of Client Files (B&B-January 2003, Vol. 67, No.1)
• Law Firm Break-Up – Movin’ On, Professional Responsibility, Risk Management, and Lawyer Mobility (B&B Winter 1998, Vol. 62, No.1)
• Movin’ On Redux (B&B-Jan. 2001, Vol. 65, No. 1)
• Mail Risk Management — Weighty Mail (NL-Summer 1997)
• Managing a Malpractice Claim — So You’ve Been Accused of Legal Malpractice? Well, Don’t Just Do Something – Sit There! (B&B-Winter 1994, Vol. 58, No. 1)
• Mergers — Risk Managing A Firm Merger (NL-Fall 1999)

Lawyer Mobility:

• Movin’ On, Professional Responsibility, Risk Management, and Lawyer Mobility (B&B Winter 1998, Vol. 62, No.1)
• Movin’ On Redux (B&B-Jan. 2001, Vol. 65, No. 1)

Lawyer-to-Lawyer Consulting on Ethics and Malpractice Issues:

• Can We Talk? Part I (March 1999, Vol. 63, No. 2)
• Can We Talk? Part II (B&B May 1999, Vol.63, No.3)

Leap Year: Computation Of Time And Leap Year 1996 (NL-Winter 1996)

Limited Scope Representation:

• Limited Scope of Representation, Where L.A. Law Meets Home Improvement (B&B May 2000, Vol. 64, No. 3)
• Limited Scope Representations Must Be Carefully Risk Managed (NL-Fall 2003)

Limited Liability Forms of Practice:

• Risk Managing Limited Liability Forms of Practice (NL-Spring 2000)
• Supreme Court Approves Limited Liability Forms Of Practice For Kentucky Lawyers (NL-Winter 2000)

Mail Risk Management:

• The Pitfalls of Practicing Law by Mail (NL – Fall 2006)
• Weighty Mail (NL-Summer 1997)

Malpractice Claim Management:

• High-Risk Behavior Leads to Malpractice Claims (NL—Fall 2009)
• Hard Economic Times Mean More Malpractice Claims (B&B-January 2009, Vol. 73, No. 1)
• Legal Malpractice in Kentucky (B&B-January 2007, Vol. 71, No. 1)
• So You’ve Been Accused of Legal Malpractice? Well, Don’t Just Do Something – Sit There! (B&B-Winter 1994, Vol. 58, No. 1)

Malpractice Insurance:

• Coverage — Choosing the Right Amount of Coverage (NL-Spring 1998)
• Direct Purchase — The Advantages of Purchasing Insurance Directly From An Insurance Company (NL-Winter 1998)
• Reporting Claims — So You’ve Been Accused of Legal Malpractice? Well, Don’t Just Do Something – Sit There! (B&B-Winter 1994, Vol. 58, No. 1)
• Incidents Of Potential Malpractice Are Not Incidental (NL-Winter 1998)

Malpractice Trends:

• Hard Economic Times Mean More Malpractice Claims (B&B-January 2009, Vol. 73, No. 1)
• National Conference Studies Malpractice and Risk Management Trends (NL-Spring 2002)
• Legal Malpractice In Kentucky — How Are We Doing? (NL-Spring 1997)
• Top Ten Malpractice Claims by Area of Practice (NL-Spring 1997)
• Significant Observations From the NABRICO ‘96 Malpractice Study (NL-Spring 1997)

Maternity Leave: Risk Managing Maternity Leave (NL-Fall 2002)

Mediation:

• Mediation Requires All the Competence of a Trial (NL-Summer 2008)
• Preparing You and Your Client for Mediation (Article by Scott Magers)

Medicare/Medicaid:

• Plaintiff's Lawyers Can Be Individually Liable When Judgment or Settlement Proceeds Owed to Medicare Are Not Paid (NL—Spring 2009)

Military Members:

• Competence — Advising Small Business Service-Disabled Veterans on Federal Contracting Preferences (NL – Fall 2008)
• Maintaining Competency When Advising Servicemembers and Their Families (NL – Winter 2007)
• Keeping Up With the Servicemembers Civil Relief Act (NL-Fall 2005)
• Soldiers’ and Sailors’ Civil Relief Act Expanded To Cover National Guard Members Responding to a National Emergency (NL-Fall 2003)
• Service members Civil Relief Act (SCRA) Signed Into Law (NL-Spring 2004)

Multidisciplinary Practice of Law: MDP, Multidisciplinary Practice or Mass Destruction of the Profession (NL-Sep. 1999, Vol. 63, No. 5)

Multijurisdiction Practice: Crossing State Lines Into the Unauthorized Practice Jungle (B&B-Jan. 2000, Vol. 64, No. 1)

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Negligent Client Referral:

• Don’t Pay For Another’s Error (NL-Summer 2000)
• Negligent Referral To Other Lawyers & Malpractice Liability (NL-Spring 1996)

Negotiation and Settlement:

• Please Release Me – A Malpractice Trap for the Unwary (NL – Spring 2007)
• A Checklist for Risk Managing Settlements (NL—Winter 2005)
• Confidential Settlements — Confidential Settlements, Kiss and Don’t Tell (B&B-Nov. 1998, Vol. 62, No. 5)
• Lying — Untruthful Negotiations (NL-Spring 2004)
• Settlement Malpractice — Unsettling Settlements, And It’s Malpractice Down the Home Stretch (B&B-Fall 1996, Vol. 60, No. 4)
• Nationwide Family Lawyers Struggle with Marital Assets Settlements (NL-Spring 2001)
• Settlement Malpractice — Proving Actual Settlement Authority (NL-Summer 2000)
• Developing Malpractice Issues, Settlements (NL-Spring 1999)
• Settlement Negotiations and the “Apparent Authority” Doctrine (NL-Spring 1996)
• Structured Settlements — New Law Limits Sale of Structured Settlements (NL-Summer 1998)
• Structured Settlements (NL-Winter 1996)

Nonclient Liability:

• Negligence Liability (NL-Summer 2004)
• Negligence Liability to Nonclients (B&B-Fall 1995, Vol. 59, No.4)
• Malpractice Trends (NL-Spring 2001)
• Nonclient Liability: The Beat Goes 0n And On !!! (NL-Winter 1996)

Of Counsel: “Of Counsel” (Jan. 1999, Vol.63, No.1)

Older Adult Representation:

• Risk Managing Conflicts of Interest When Advising the Elderly in Estate Planning (NL – Spring 2007)
• If Old Age Isn't for Sissies, Representing Older Adults Isn't for Wimps (NL-Fall 2004)
• Golden Oldies, The Graying of Professional Responsibility (B&B-Fall 1997, Vol.61, No.4)
• 2001 Malpractice Review – The Hazards of Representing Older Adults (NL-Winter 2002)

Paralegals and Legal Secretaries:

• What Your Paralegal Always Wanted to Tell You …. (B&B-Spring 1996, Vol.61, No, 4)
• What Your Office Support Staff and You Need to Know About Your Professional Responsibility for Nonlawyer Assistants (B&B-Fall 1993, Vol. 57, No. 4)

Pro Hac Vac

• Tripping Up Over Pro Hac Vice Procedures (NL—Winter 2006)

Prospective Clients:

• Prospective Clients, Neither Fish Nor Foul (B&B-May 2003, Vol.67, No. 3)

Real Estate:

• Avoiding Malpractice in Foreclosure Suits and Sales (NL – Winter 2009)
• The Subprime Mortgage Mess Heightens the Risk of Malpractice Claims (NL – Winter 2008)
• Avoid Closing Malpractice — Ten Commandments Of Real Estate Closings (NL-Fall 2001)
• Common Malpractice Errors — The Three Most Important Words in Real Estate Malpractice! Malpractice! Malpractice! (NL-Spring 2003)
• Hard Economic Times Mean A Surge In Real Estate Malpractice Claims (NL-Fall 2001)
• Escrow Agent — Risk Management Lessons Learned From Other Jurisdictions – Negligent Escrow Agent Referrals (NL-Fall 2000)
• Foreclosure Sales — Foreclosure Sale Malpractice Alert (NL-Summer 2003)
• Lead Based Paint: HUD Issues New Lead-Based Paint Hazard Regulation (NL-Fall 2000)
• Residential Lead-Based Paint Hazard Reduction Act Of 1992, 42 U.S.C. § 4852d. (NL-Winter 1977)

Retired Lawyers:

• Risk Managing Senior Status Lawyers (NL-Spring 2006)
• Files — The Secret Life of Client Files (B&B-Jan. 2003, Vol. 67, No.1)

Scams:

• LAWYER SCAMS (NL—Fall 2009)
• SCAM ALERT (NL—Winter 2009)

Secretaries:

• What Your Paralegal Always Wanted to Tell You …. (B&B-Spring 1996, Vol.61, No, 4)
• What Your Office Support Staff and You Need to Know About Your Professional Responsibility for Nonlawyer Assistants (B&B-Fall 1993, Vol. 57, No. 4)

Sharing Offices: Sharing Offices: The Ethical, Risk Management, and Practical Considerations (B&B May 2002, Vol. 66, No. 3)

Statute of Limitations:

• Computation of Time Deadlines and Leap Year 2008 (NL – Winter 2008)
• Illinois Statute of Limitations Malpractice Case a Good Object Lesson for Kentucky Lawyers (NL-Spring 2006)

Statute of Limitations for Legal Malpractice:

• The Kentucky Malpractice Statute of Limitations – The Supreme Court Clears the Air (B&B-Fall 1994, Vol.58, No.4)
• Indiana Court of Appeals Adopts the Continuous Representation Rule for Legal Malpractice Suits (NL-Fall 2003)
• Civil Rule 60.02 Motion Does Not Toll The One-Year Statute Of Limitations For Legal Malpractice Suits – KRS 413.245 (NL-Spring 2004)

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Taxes:

• IRS Standards for Lawyers Advising on Tax Shelters Clarified (NL—Fall 2005)
• Risk Managing Representation of Clients with IRS Problems (NL—Winter 2005)
• 2001 Malpractice Review – 2001 federal Tax Law Shakes Up Estate Planning (NL- Winter 2002)
• Developing Malpractice Issues – Divorce and Taxes, Innocent Spouse Elections (NL-Winter 1999)

Telephone Inquiries: Fielding Telephone Inquiries (NL-Summer 2000)

Termination of Representation:

• Firing a Non-Paying Client Results in Public Reprimand (NL-Summer 2006)
• How to Fire a Client (B&B May 2001, Vol. 65, No. 3)

Trust Accounts:

• Bankruptcy — Client Trust Accounts (NL—Spring 2009)
• 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 (NL – Fall 2008)
• How Safe is the Bank that Holds Your Client Trust Account? (NL-Summer 2008)
• Client Trust Account Horror Story (NL – Winter 2007)
• Taking Disputed Fees from a Client Trust Account Earns Lawyer 18 Month Suspension (NL—Winter 2006)
• Test Your Client Trust Account IQ (B&B-May 2005, Vol. 69, No 3)
• Checks — The Check 21 Act and Client Trust Accounts (NL-Fall 2004)
• Malpractice — Bank Failure Exposes Lawyer to Liability for Trust Fund Loss (NL-Summer 2004)
• Checks — Double Signature Checks Aren’t What They Used to Be (NL-Spring 2003)
• Credit Cards — Credit Cards, Firm Trust Accounts and Thou (B&B-Nov. 2003, Vol.67, No.6)
• Mismanagement – Credit Cards, Firm Trust Accounts and Thou (B&B-Nov. 2003, Vol.67, No.6)
• Risk Management Lessons Learned From Other Jurisdictions – The Same Ole’ Story (NL-Fall 2000)
• Paying Vendors — Risk Managing The Ethical Duty to Pay Vendors (NL-Winter 2003)
• Overdraft Notification — Developing Malpractice Issues – Recent Changes to Client Trust Account Rules (NL-Winter 1999)

Unauthorized Practice of Law:

• Do You Know How To Do The Pro Hac Vice And Avoid A Malpractice Claim? (NL—Winter 2005)
• Crossing State Lines Into the Unauthorized Practice Jungle (B&B Jan. 2000, Vol. 64, No. 1)

Wills and Probate:

• Risk Managing Estate Planning More Complex Than Ever (NL - Spring 2008)
• Estate Planning Malpractice Traps (NL—Winter 2006)
• 2001 Malpractice Review – 2001 federal Tax Law Shakes Up Estate Planning (NL- Winter 2002)
• Beware of the Easy Stuff, Walk Carefully through Probate (NL-Winter 1999)
• Boilerplate In Wills Continues To Cause Problems (NL-Winter 1997)

Work Control:

• L + C Cubed = RM Squared, A Formula For Malpractice Risk Management (B&B-Spring 1998, Vol.62, No. 2)
• Risk Management & Professional Responsibility Law Practice Assessment

Wrongful use of Civil Proceedings (Malicious Prosecution):

• Unusual Lawyer Liability Issues Reviewed at the Kentucky Justice Association’s Seminar: Legal Malpractice – The Evil of Which We Do Not Speak (NL - Spring 2008)

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