Posted in: LMICK Minute
March 21, 2024
LMICK Minute - Issue #43

News & Updates

Proposed Rule Amendment: Comments Accepted Until April 15, 2024

The Kentucky Rules of Evidence Rules Review Commission has recommended adoption of proposed amendments to KRE 506 (Counselor-client privilege) and KRE 702 (Testimony by experts). Written comments to the proposed amendments must be submitted by April 15, 2024 to This email address is being protected from spambots. You need JavaScript enabled to view it..

UPDATE: Court Calls Beneficial Ownership Information Reporting Requirement Into Question

Last month, we shared with you our article about the Corporate Transparency Act and the obligations of lawyers to clients and to firms. Since then, a federal court in the Northern District of Alabama entered a final declaratory judgment concluding that the Corporate Transparency Act (“Act”) exceeds the Constitution’s limits on Congress’s power. The order enjoined enforcement of the Act against the plaintiffs, including the Beneficial Ownership Information reporting requirements. At this time, only those named plaintiffs or members of the National Small Business Association as of March 1, 2024 are not subject to the Act’s requirements. We are continuing to monitor and will bring you additional updates as the case develops.

Join us in one week for our first quarter CLE on the Act’s requirements for more information about what lawyers need to know about the Act.

Save the Date: LMICK Annual Shareholder Meeting May 9, 2024

Policyholders are cordially invited to attend the LMICK Annual Meeting being held in-person and via zoom on May 9, 2024 at 8:00 a.m. at the KBA Convention in Covington, Kentucky. We hope you will join us either in-person or by zoom. Additional details about the meeting will be included in the April LMICK Minute.

Make Your Vote Count: Complete Your Proxy Voting Via Intelliscan, Inc.

On or about March 18, 2024, you will receive an email from intelliscaninc.net with a direct link to your electronic proxy to vote on matters, including 5 directors. Please review the proxy statement provided with that email for more information about the vote.

Please complete the proxy form at your earliest convenience so we can make sure your vote counts! If you do not receive the Intelliscan email, please check your junk or spam filters. If you have any questions about the proxy email, please reach out to This email address is being protected from spambots. You need JavaScript enabled to view it. or call the office at 502-568-6100.

 


 

Practice Management

Recent Trend in Malpractice: Are You Controlling Workload and Calendaring Deadlines?

Legal professional liability carriers are seeing an uptick in missed deadlines, particularly missed statute of limitations. One lawyer in Georgia recently faced discipline after becoming overwhelmed with her caseload and subsequently missing the statute of limitations in a personal injury matter. Here are a few tips for mitigating the risk of missed deadlines:

  • Implement a case management or docket system. The specifics of this system will vary from firm to firm. However, every firm needs a system for tracking case progress and deadlines, including critical dates like the applicable statute of limitations.
  • Consistently enter information into the system. A case management or docket system is only as good as the data that is entered. Take time to adopt processes to ensure everyone in the firm is entering information about cases immediately after deadlines are set.
  • If practicing in multiple jurisdictions, ensure correct deadlines are entered. Statutes of limitations and other deadlines vary widely across jurisdictions. Take care to ensure the appropriate state’s deadlines are entered on a case and discuss this routinely within the firm.
  • Routinely review caseloads to ensure all work can be completed. The duties of competency (1.1), diligence (1.3), and communications (1.4) are all impacted when lawyers are carrying caseloads that are too large. Additionally, managing partners and law firm owners have a responsibility to ensure policies and procedures are in place to ensure the lawyers in the firm are complying with these ethical obligations. Caseloads must be manageable and firm leadership should have routine discussions about whether caseloads need to be recalibrated.

If you need a starting point for evaluating your firm’s processes, click here for our 30-Minute Check-Up.

 


 

Lawyer Well-Being

A Note From Nancy: Tool for Being Present

Our March installment comes from Lawyers Mutual’s Marketing Director, Nancy Meyers.

Wellness means something different to everyone reading this piece. I find my own personal wellness when I am present in my day to day. To do so, I have had to adopt strategies to manage my time by working within the segments I have allocated. My go-to practice is blocking time. Blocking time is a time management technique where an individual blocks parts of month, week, or day into smaller segments to focus on a specific task.

I began blocking my time a few years after college. At that time, my to-do list grew extensively and left me feeling disorganized. I simply started my day by scanning my “to-do list” and determined top priority items and those I could quickly manage. This practice evolved by me determining what needed to be done each week. Finally, I determined what needed to be done each week and blocked segments of time to accomplish the task over time. For example, when I agreed to write this piece in January, I looked ahead and blocked an hour of my time.

But how does time-blocking make me more present in my day-to-day life? I know I must carpool at least once a week. When I drive carpool, I know I have at least 90 minutes away from home. I may take that time to call an out-of-town family member, read a book, catch up with a friend or enjoy a walk weather permitting. When I am out of town for vacation, I know the first day back I spend much of my morning shifting through emails and returning calls. To ensure I am present on vacation, I allow myself the time when I return to the office to account for the time away.

Sometimes I admire those that do not need to calendar or develop extensive to-do lists. They often operate best with tight deadlines. Fortunately, I know that when I become overwhelmed that I become anxious; thus, its not surprising that I have a plan for my back-up plan. I learned a long time ago that I can’t control many things – but I can control how I manage all the tasks for work and home. Thanks to my ability to block time, I can enjoy my carpool stage in life, where I actively listen to the kids and the stories they share with one another going to and from places.

Know That Help is Always Available

If you are struggling with grief, sadness, anxiety, or any other emotion or stressor that is negatively impacting your daily life, please reach out for help. All Kentucky lawyers are eligible for four free visits with a mental health professional through the Kentucky Lawyers Assistance Program. For more information about the variety of confidential resources KYLAP offers, please visit www.KYLAP.org.

 


 

Upcoming Events

FREE CLE in One Week: What Lawyers Need to Know about the New Beneficial Ownership Information Reporting under the Corporate Transparency Act
(1 Hour KY CLE Credit Pending)
Wednesday, March 27th at Noon EST via Zoom

Many small business are now required to report Beneficial Ownership Information (BOI) to the federal government pursuant to the Corporate Transparency Act. Owners of law firms and lawyers that advise clients in business formation need to be aware of these new requirements. Join us as we discuss the nuts and bolts of the BOI reporting requirement to ensure your firm and your clients are in compliance. We will also address what ethical obligations, if any, you may owe to current or former clients that you advised regarding business formation.

Click here to register!

Thank You for Your Support! LMICK Gets Freezin’ for a Reason

Thanks to all who donated and supported us as we took the plunge for the Special Olympics of Kentucky Polar Bear Plunge! LMICK had 3 plungers and raised $2,797 (over $500 more than last year). We appreciate your support of this wonderful program and look forward to participating again in 2025.

We look forward to seeing you!

We are proud to support the organizations that support you and your work! We will be out and about this spring, leading CLEs and sponsoring events. We hope you can join us at one of these currently scheduled events (and make sure to come say hello)!

 

March 20: NKBA Small and Solo Section Monthly CLE, Covington

March 28: UK Law Women’s Law Caucus Spring Reception, Lexington

April 2: Judge Judy West Luncheon, Crestview Hills

April 9: Fuels for Finals: UofL Law School, Louisville

April 11: KJA Annual Ethics Day, Frankfort/Lexington

April 13: KBA Young Lawyer’s Division Barrister’s Ball, Lexington

April 16: Fuels for Finals: UK Law School, Lexington

April 17: NKBA Small and Solo Section Monthly CLE, Covington

April 19: UK Worker’s Compensation Institute, Lexington

April 24-25: AAML/KBA Family Law Seminar

April 26: Women in the Law Summit, Cincinnati

May 1: Fayette Co. Bar Association Law Day, Lexington
NKBA Match Program, Erlanger
NKBA Law Day, Crestview Hills

May 9-10: KBA Annual Convention, Covington

May 16: Mason Co. Bar Association CLE, Maysville

May 17: NKBA Small and Solo Section Monthly CLE, Covington

 

We want to hear from you! Have a CLE topic you would like to see? Send suggestions to This email address is being protected from spambots. You need JavaScript enabled to view it..

Need a CLE Speaker? We would love to speak to your group! You can check out our updated list of available topics and request to schedule, here.

Angela Logan Edwards – President/CEO

Courtney Risk – Education & Engagement Specialist