Subjects by Year
2023 (5)
2022 (12)
- An Attorney is Leaving the Firm; Now What?
- Beware of Scams
- Client Notification Requirements in the Wake of a Disaster
- Closed Client File Retention Policy: Best Practices
- Disaster Planning Series #1: Back-ups for your Who, What, When
- Disaster Planning Series #2: Checklist: Preparing Your Agreement with Your Back-Up Attorney
- Disaster Planning Series #3: Checklist: Preparing Information for Your Back-Up Attorney
- Disaster Planning Series #4: Your Client Dies During Litigation. Now What?
- Disaster Planning Series #5: Ethical Considerations and The Cloud
- New Fair Debt Collection Practices Act (FDCPA) rules effective November 30, 2021
- The Implications of Gallardo v. Marstiller
- When Does a Potential Client Become a Prospective Client?
2021 (4)
2020 (0)
2019 (6)
- SCAMS: Even Mega Law Firms Can Be Victims of Real Estate Settlement Fraud
- The Risk of Leveraging Your Practice with Part-Time Lawyers and Office Sharing
- Your New Client Wants to Pay Your Fee by Crowdfunding on the Internet.
- Are You Sure You Understand the Difference Between When It Is OK to "Reveal" Client Confidential Information and When It is OK to "Use" Client Confidential Information?
- One and Done May be OK for Kentucky Basketball, but Not OK for Kentucky Lawyer Conflicts of Interest Checks
- The Internet's Impact on Client Screening Risk Management
2018 (17)
- Pillow Talk and Client Confidentiality Are Not a Good Match
- Risk Managing the New Kentucky Law on Powers of Attorney – KRS 457
- What Are a Transaction Lawyer’s Due Diligence Requirements When a Client’s Matter Raises a Suspicion of Illegality?
- What Constitutes Reasonable Diligence in Attempting to Locate a Missing Client?
- Email Plays Significant Part in Overruling Summary Judgment in Favor of Defendant Lawyer in Malpractice Suit
- Failure to Risk Manage Spam Email Costs Firm Opportunity to Appeal Assessment of Attorney's Fees as High as $1,000,000
- How Should a Firm Manage Email Sent to the Firm for a Lawyer No Longer Associated with the Firm?
- Reasons Not to Use "cc:" "bcc:" or "reply all:" When Copying Emails to a Client
- Risk Managing Email
- Web-Bugged Emails – aka "Spymail"
- Careless Phone Advice Causes Lawyer Disqualification
- Failure to Comply with a Malpractice Insurance Policy “Claims Made” Reporting Requirement Could Cost Michigan Lawyer
- Risk Managing Social Media Criticism of Lawyers
- Snail Mail Requires Risk Management Too
- Are You Ready For An E-Device U.S. Border Search – AKA Digital Strip Search?
- Cryptocurrency Is Alive And Well In Kentucky
- Kentucky Supreme Court Spells Out When A Lawyer Who Is Discharged Or Withdraws From A Contingency Fee Case Is Entitled To A Quantum Merit Fee
2017 (15)
- Bizarre Billing Practice Defeats Firm’s Collection Suit for $332,569
- Impaired Lawyers
- Q: What’s in a Client’s Name?
- Risk Managing the Delicate Representation of an Abused Client or One with Diminished Capacity
- Beware of Compromising Attorney-Client Privilege When Giving Mixed Business and Legal Advice
- Debt Collections Are a Dramatically Increasing Malpractice Risk for Lawyers
- Risk Managing Mixed Business and Legal Advice
- Test Your Title Search Expertise
- Do Your Clients’ Litigation Funding Contracts Violate Kentucky’s Champerty Prohibition?
- Risk Managing the Release and Destruction of Client Files
- Risk Managing Withdrawal for a Client’s Failure to Pay Fees
- Failure to Inform Client of Settlement Offer Costs Lawyer $84,000 in Fees
- Keeping Up With Social Media Risk Management
- Missed Statutes of Limitation, Dog Cases, and Not Knowing What You Are Doing
- Risk Managing Disputed Shared Fee Division
2016 (14)
- Bar Association Scam Warnings
- Money Mule Scams*
- Phishing Scams
- Ransomware
- Scam Professional Responsibility
- Trust Account Scams
- In Landmark Opinion Kentucky Supreme Court Provides Limited Scope Representation Guidance
- Risk Managing Closed And Abandoned Practices
- Trust And Estates Now Viewed As The Riskiest Practice Area For Malpractice Claims
- What Is Your Duty To Notify Clients Of Malpractice And Other Errors? What About Insurers?
- Officer And Director Liability For Cyber Security Attacks
- Are You Competent to Practice the New Law of Lawyer Technology Competence?
- Attorney’s Liability For Data Breaches
- Ethics Still Apply: Even When Your Head Is In The 'Cloud'
2015 (20)
- Are You Competent To Accept A Matter That Will Require Extensive E-Discovery?
- Are You Ready For The Next Scam Targeting Lawyers?
- Deciding Whether To Use New Technology To Transmit Or Store Confidential Client Information
- Do I Need To Encrypt This Email?
- Risk Management Checklists For Maternity Leave
- $2.5 Million Personal Injury Suit Dismissed Because Lawyer Underpaid the Filing Fee by $2.00
- Beware of Business Client-Imposed Guidelines on Outside Counsel
- Cancer Strikes Two Lawyers and Leads to Harsh Results
- Malpractice Risks in Client and Potential Client Referrals
- Are You Keeping Up with Statute of Limitations Changes?
- Caveat: Extending a Professional Courtesy to a Lawyer Friend Can Result in Ethics Violations and Malpractice Claims
- Does Your Firm Have a “BYOD to Work” Risk Management Program?
- The Kentucky Supreme Court Dumps the "Appearance of Impropriety" Conflict of Interest Standard
- When is LinkedIn Attorney Advertising?
- 2014 ABA Fall National Legal Malpractice Conference on Business Transaction Risk Management
- Business Transaction Lawyers Face an Increasing Risk of Malpractice Claims
- Demotech, Inc. Assigns Financial Stability Rating® of A, Exceptional to Lawyers Mutual Insurance Company of Kentucky
- Lawyer Scams: Nigeria Strikes Again
- Lawyers Mutual’s Checklist for Business Transaction Risk Management
- What Do You Really Know About Social Media Professional Responsibility?
2014 (14)
- Avoid Ethics Violations in Responding to Harsh Criticism on the Social Media – If You Respond at All
- Risk Managing the Aging of the Legal Profession
- When Did You Last Reconcile Your Client Trust Account
- An Update on the Kentucky Paralegal Association’s Certified Kentucky Paralegal Program
- Attorney-Client Relationship; Third Party Liability – Statutory Beneficiaries
- Kentucky Statute of Limitations for Professional Services Claims
- The Kentucky Supreme Court Locks Down the Legal Malpractice Statute of Limitations in Abel v. Austin (411 S.W. 3d 728 (Ky, 2013)
- Don't Let the Cloud Rain on Your Practice
- Have you complied with SCR 3.175's new requirement on email addresses?
- Keeping Up with Lawyer Scams - Cryptolocker and Ransomware
- Letters of Engagement are a Hot Topic with Insurers and Risk Managers
- Avoiding Legal Malpractice and Bar Complaints in Family Law Cases
- Fair Debt Collection Practices Act Malpractice Claims and the Bona Fide Error Defense
- Risk Managing Advice to Clients on Social Media Matters
2013 (14)
- Closing a Kentucky Law Office: A Guide for After the Death of a Kentucky Sole Practitioner
- Closing Letters: When Does A Client Become a Former Client?
- KBA Ethics Opinion E-436 Provides Updated Guidance on Retention and Disposal of Closed Client Files
- Kentucky Lawyer’s Failure to Properly Withdraw from Representation Results in Criminal Contempt Finding
- Kentucky Supreme Court in a Landmark Decision Addresses "Suit Within a Suit", Emotional Distress Claims, and Punitive Damages in Legal Malpractice Claims
- Kentucky Supreme Court Issues Firm Guidance for Lawyers Serving as Both Executor and Attorney for the Estate
- The Kentucky Supreme Court Provides Guidance on Investigating Jurors on Social Media
- Beware of the Statute of Limitations in Personal Injury Cases When the Injury Occurs Outside Kentucky
- Malpractice Avoidance – Client Screening
- Scope of Engagement – Elder Adult Representation - Adding Provisions to Power of Attorney Inadvertently Enlarges Scope of Ohio Lawyer’s Duty to Client (Svaldi v. Holmes, 2012 Ohio 6161, 12/27/12)
- What is Your Responsibility for Loss of Client Confidentiality and Client Privacy When Your Firm Computer and Internet Devices are Hacked?
- A Letter to the Members of the Kentucky Bar Association
- Real Estate – Title Examinations: Does Reliance on an Affidavit of Descent Properly Filed in the County Court Clerk’s Office Meet the Malpractice Standard of Care when Performing a Title Examination?
- What We Learned About Legal Malpractice in Kentucky in 25 Years
2012 (14)
- Are Arbitration Clauses in Letters of Engagement (LOE) Covering Fee Disputes and Malpractice Enforceable in Kentucky?
- Carefully Risk Manage Website E-Mail From Strangers Seeking Counsel
- Do You Know What a “Typosquatter” Is?
- The Mortgage Forgiveness Debt Relief Act and Debt Cancellation Act (MFDRA) Risk Management – Time Running Out for Lawyers Handling Foreclosures
- Do You Know the Ethics Rules for Increasing Fees During a Representation?
- Risk Managing Internet Social Network Investigations
- Beware the Phantom Statute of Limitations in Some UM and UIM Insurance Contracts
- Don’t Let a Title Opinion Expose You to the Risk of Becoming the Deep Pockets When the Property Is Used as Security for a Business Loan that Goes Bad
- Keeping Up with the Uniformed Services Former Spouses' Protection Act (USFSPA) Is a Risk Management Must for Kentucky Lawyers Whose Practice Includes Divorce Matters
- What Kentucky Lawyers Need to Know about the Ethics and Risk Management of Cloud Computing
- Carelessness with Client Files Exposes Two Law Firms to Serious Malpractice Exposure
- Don’t Trip Over the Recent Kentucky Court of Appeals Interpretation of CR 8.01
- On December 1, 2011, the 2011 Amendments to the Bankruptcy Rules of Procedure went into Effect
- The Kentucky Court of Appeals Addressed Attorney-Client Privity and Lawyer Liability to Third Parties in Anderson v. Pete
2011 (15)
- Is Your Paralegal a Certified Kentucky Paralegal?
- Are YOU Competent in Computer-Assisted Legal Research - CALR?
- Avoiding Prospective Client Conflicts of Interest and Malpractice Claims
- How Dumb Is This?: Lawyer Dumps Old Files in Dumpster and Other Dumb Stuff Lawyers Do
- The Latest Scam of Special Interest to Lawyers: Client Deposits Lawyer's Trust Account By Phone Then Returns Check and Gets Wire Transfer From Lawyer
- The Top Five Ethical Violations Found in Malpractice Claims
- High Tech Tools - and Traps - for Mergers and Lateral Hiring
- The Growing Threats to Client (and Firm) Data - Managing Technology to Meet the Challenges
- Client Screening - Can you Spot an Unworthy Client?
- Keeping Up With Fratzke v. Murphy: Recent Court of Appeals Case Offers Opportunity for Avoiding Malpractice When Plaintiff Lawyer Fails to Seasonably Answer Interrogatories Requesting Specification of Damages
- Lawyer Scams Continue to Plague Kentucky Lawyers
- Be Careful What You Tell Clients When Informing Them That Mistakes Were Made
- Documenting the File Involves Much More Than You May Think
- Risk Managing Interpreters
- Withdrawal Without Cause Results in Loss of Kentucky Lawyer’s Fees
2010 (17)
- The Amazing Client Electronic Files
- The Delicate Ethical Requirements of Representing a Person With Diminished Capacity
- ABA House of Delegates Approves New Model Rules for Client Trust Account Recordkeeping
- Avoiding Fee Disputes - When Are Advance Fees Earned?
- Client Files – Risk Managing Client E-Mail
- The Social Media and Lawyer Risk Management
- Lateral Hire Risk Management
- Law Firm Breakups
- Lawyer Scams III: Panel Discussion of the Problem
- The Insurance Marketplace
- ERISA Health Plan Recovers $38,899 of Ohio Personal Injury Lawyer's Fee
- Kentucky Supreme Court Expands Malpractice Exposure for Claims by Minors
- More Evidence that the Government Will Aggressively Go After Lawyers Under the Medicare Secondary Payer Act (MSP)
- U.S. Supreme Court Rules that it is Ineffective Assistance of Counsel Not to Inform a Noncitizen Client that a Guilty Plea May Lead to Deportation
- Client Files Cannot be Held Hostage in a Fee Dispute
- Risk Managing Aggregate Settlements
- You Have Eight Weeks To File Suit in a High Dollar Case But Can't Find Your Client - What Do You Do Now?
2009 (11)
- Hard Economic Times Mean More Malpractice Claims
- The Impact of the Credit Crunch on Lawyer Risk Management
- A Quick Reference Guide to the 2009 Kentucky Rules of Professional Conduct
- Lawyer Scams II: Business Loan Fraud; Debt Collection Fraud
- Bankruptcy – Client Trust Accounts
- Fee Disputes and Legal Malpractice
- Plaintiff's Lawyers Can Be Individually Liable When Judgment or Settlement Proceeds Owed to Medicare Are Not Paid
- Risk Managing the 2009 Kentucky Rules of Professional Conduct: Writing Requirements
- Avoiding Malpractice in Foreclosure Suits and Sales
- Getting Paid in Hard Economic Times
- Lawyer Scams I: Fictious Foreign Company Seeks Representation In Collection Matter
2008 (14)
- The Impact of the Internet on a Lawyer's Standard of Care & Professional Responsibility – Part I
- The Impact of the Internet on a Lawyer's Standard of Care & Professional Responsibility – Part II
- 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
- Is There a Duty to Advise Foreign Nationals of Their Right to Consult with Their Country's Consular Mission?
- Risk Managing Estate Planning More Complex Than Ever
- Unusual Lawyer Liability Issues Reviewed at the Kentucky Justice Association's Seminar: Legal Malpractice - The Evil of Which We Do Not Speak
- A Checklist for Avoiding Inadvertent Disclosure of Confidential Information and Privileged Communications
- How Safe is the Bank that Holds Your Client Trust Account?
- Mediation Requires All the Competence of a Trial
- The "New New" Thing in Inadvertent Disclosure - Risk Managing Redaction
- Avoid Appellate Malpractice by Specifically Identifying the Issues
- Computation of Time Deadlines and Leap Year 2008
- The Subprime Mortgage Mess Heightens the Risk of Malpractice Claims
2007 (15)
- Legal Malpractice in Kentucky: A 2007 Statistical Review of Kentucky Malpractice
- Boss Professional Responsibility
- The Ethics of Civil Practice Investigations – Part II
- The Ethics of Civil Practice Investigations – Part I
- Avoid a Malpractice Trap When Obtaining Medical Records
- Should You Accept Credit Cards for Fee Payments?
- What Do You Do When a Joint Client Revokes a Conflict Waiver?
- Please Release Me - A Malpractice Trap for the Unwary
- Risk Managing Conflicts of Interest when Advising the Elderly in Estate Planning
- The Dangers of Serving As an Escrow Agent
- Appearance of Impropriety - It's Baaaack !!! - "The Appearance of Impropriety"
- Client Trust Account Horror Story
- Maintaining Competency When Advising Servicemembers and Their Families
- Negligent Advice Malpractice Claims
- Standard of Care: Expert Witnesses in Personal Injury Cases
2006 (18)
- Lawyer Website Disclaimers - Fact or Fiction?
- The Ethical and Malpractice Risks of Impaired Lawyers and Their Unimpaired Associates
- What Do Hot Potato Clients Have in Common With Thrust Upon Clients?
- New Ruling Makes a Major Change in Contingent Fee Dispute Resolution
- The Pitfalls of Practicing Law by Mail
- When is a Client Not a Client and Vice Versa?
- "A Computer Virus Ate My Billing Records" is No Defense to a Bar Complaint Over Fees
- Competence in the Law is Mandatory and the Best Risk Management
- Illinois Statute of Limitations Malpractice Case a Good Object Lesson for Kentucky Lawyers
- Risk Managing Senior Status Lawyers
- Firing a Non-Paying Client Results in Public Reprimand
- How to Avoid Complaints and Claims in Divorce Representations by Using a Comprehensive Client Communication Plan
- U.S. Supreme Court Approves Amended Rules on E-Discovery
- What we Have Here is a Failure to Communicate
- Estate Planning Malpractice Traps
- Ineffective Screening Can Be Costly
- Taking Disputed Fees from a Client Trust Account Earns Lawyer 18 Month Suspension
- Tripping Up Over Pro Hac Vice Procedures
2005 (18)
- Dodging a Blank! Avoiding a Frivolous Malpractice Claim
- Test Your Client Trust Account IQ
- E-Discovery Risk Management is the "New New Thing"
- BEWARE the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005
- Common Errors That Prevent Use of an Expert Witness
- Do You Know How to Risk Manage E-Discovery?
- Grabbing and Leaving - KBA Ethics Opinion 424
- IRS Standards for Lawyers Advising on Tax Shelters Clarified
- Keeping Up With the Servicemembers Civil Relief Act
- Common Errors Disclosed in Appellate Decisions
- Conflict Avoidance: Top Ten List
- Family Law: Post-Divorce Risk Management
- Post Conviction Motions to Vacate or Set Aside a Sentence Signal a Malpractice Claim for Ineffective Assistance of Counsel May Be on the Way
- Ten Technology Traps and How to Avoid Them
- A Checklist for Risk Managing Settlements
- Computer Assisted Legal Research - CALR - Are You on Board?
- Do You Know How to Do the Pro Hac Vice and Avoid a Malpractice Claim?
- Risk Managing Representation of Clients with IRS Problems
2004 (13)
- Getting Physical - Are You Ready for an Office Catastrophe?
- What Happens To Your Clients If Something Happens to You?: Checklists for Closing a Practice
- Breaching Client Confidentiality - Duh?
- Environmental Law Malpractice Warning Flags
- If Old Age Isn't for Sissies, Representing Older Adults Isn't for Wimps
- Know Your Options in Divorce: Evaluating Stock Option Marital Assets
- The Check 21 Act and Client Trust Accounts
- Lying – Untruthful Negotiations
- Service Members Civil Relief Act (SCRA) Signed Into Law
- Bank Failure Exposes Lawyer to Liability for Trust Fund Loss
- Negligence Liability
- Taking On Someone Else's Dissatisfied Client
- Avoiding Malpractice When Making Claims Against US Government Agencies
2003 (16)
- The Secret Life of Client Files
- Prospective Clients, Neither Fish Nor Foul
- Credit Cards, Firm Trust Accounts and Thou
- Mismanagement - Credit Cards, Firm Trust Accounts and Thou
- Indiana Court of Appeals Adopts the Continuous Representation Rule for Legal Malpractice Suits
- Is it Time for Your Firm to Start Online Data Backup?
- Limited Scope Representations Must Be Carefully Risk Managed
- Soldiers' and Sailors' Civil Relief Act Expanded to Cover National Guard Members Responding to a National Emergency
- Double Signature Checks Aren't What They Used to Be
- Immigration Client Information Checklist
- The Three Most Important Words in Real Estate Malpractice! Malpractice! Malpractice!
- Another One Bites The Dust! Civil Rule 8.01 Takes Out Plaintiffs (And Their Counsel)
- Foreclosure Sale Malpractice Alert
- Malpractice Risk in Divorce Matters Captures the Headlines in 2002
- Risk Managing the Ethical Duty to Pay Vendors
- Sex, Lies, and Videotape
2002 (10)
- Appealing Ethics
- Sharing Offices: The Ethical, Risk Management, and Practical Considerations
- Shredded Any Good Documents Lately?
- Risk Managing Maternity Leave
- National Conference Studies Malpractice and Risk Management Trends
- Cyberspace, Malpractice, and You
- 2001 Malpractice Review: 2001 Federal Tax Law Shakes Up Estate Planning
- 2001 Malpractice Review: Divorce - What's Hers? What's His?
- 2001 Malpractice Review: Immigration Law is the "New New" Thing in 2001
- 2001 Malpractice Review: The Hazards of Representing Older Adults
2001 (7)
2000 (12)
- Crossing State Lines Into the Unauthorized Practice Jungle
- Where L.A. Law Meets Home Improvement
- Investing in Client.com
- Lead-Based Paint: HUD Issues New Lead-Based Paint Hazard Regulation
- Risk Management Lessons Learned from Other Jurisdictions: Negligent Escrow Agent Referrals
- What Should You Do if Your Client Asks For Return of Files In Computer Disk Form?
- Risk Managing Limited Liability Forms of Practice
- Don't Pay For Another's Error
- Fielding Telephone Inquiries
- Proving Actual Settlement Authority
- Bull Markets and Malpractice: Risk Managing Asset Evaluations
- Supreme Court Approves Limited Liability Forms of Practice for Kentucky Lawyers
1999 (13)
- Of Counsel
- Can We Talk? Part I
- Can We Talk? Part II
- Dropping a Client to Take A New Client - The Hot Potato Client
- Mergers – Risk Managing a Firm Merger
- Underinsured Motorist - Avoid this Underinsured Motorist Malpractice Trap
- Developing Malpractice Issues: Judgement Immunity
- Does Your Client Have Insurance For Litigation Expenses?
- Fair Credit Reporting Act - Consumer Report Malpractice
- Future Shock - Automated Federal Docket Tracking
- Beware of the Easy Stuff, Walk Carefully through Probate
- Developing Malpractice Issues: Failure to do Computer Research
- Fire Insurance: Beware of the Easy Stuff, Fire Policies - Don't get burned!
1998 (13)
- Confidential Settlements, Kiss and Don't Tell
- Judge Bashing
- L + C3 = RM2, A Formula for Malpractice Risk Management
- Movin' On, Professional Responsibility, Risk Management and Lawyer Mobility
- Consumer Protection Laws and Lawyer Liability
- Fair Debt Collection Practices Act Consumer Protection Laws and Lawyer Liability
- Choosing the Right Amount of Coverage
- Serving As Corporate Director
- Fair Credit Reporting Act Violations and Lawyer Liability
- New Law Limits Sale of Structured Settlements
- The Perils of Splitting Fees
- Incidents of Potential Malpractice are Not Incidental
- The Advantages of Purchasing Insurance Directly From an Insurance Company
1997 (10)
- Golden Oldies, The Graying of Professional Responsibility
- Barrister in a Box, Contract Lawyers in Kentucky
- Missing Client: I Can't Find My Client!
- Legal Malpractice in Kentucky: A 1996 Statistical Review of Kentucky Malpractice
- Significant Observations From the NABRICO '96 Malpractice Study
- Top Ten Malpractice Claims by Area of Practice
- Weighty Mail
- Boilerplate in Wills Continues to Cause Problems
- Computer Malpractice Risks
- Residential Lead-Based Paint Hazard Reduction Act of 1992, 42 U.S.C. Sec. 4852d
1996 (12)
- Unsettling Settlements, And it's Malpractice Down the Home Stretch
- What Your Paralegal Always Wanted to Tell You But Didn't Dare Because She Needed the Job!
- Insurance Defense - In Kentucky the Insured is Your Client - Not the Insurer
- Divorce Malpractice Style: Inadequate Advice on Financial Terms
- Client Files Part I: How Long Should You Keep Client Files?
- Negligent Referral to Other Lawyers & Malpractice Liability
- Settlement Negotiations and the "Apparent Authority" Doctrine
- Client Files Part II: How to Properly Close and Destroy Client Files
- When To Do Conflict Checks - "Do them early; do them often; do them accurately."
- Computation of Time and Leap Year 1996
- Nonclient Liability: The Beat Goes On and On!
- Structured Settlements