Wednesday, 20 July 2022

The LMICK Minute - Issue #23

News & Updates

New KBA Ethics Opinion Addresses when a Potential Client becomes a Prospective Client

Many of you attended our session at the Kentucky Bar Association’s Annual Convention exploring when an attorney-client relationship begins. We advised of a forthcoming ethics opinion that would shed more light on the subject and promised to share it when it became available. The KBA Ethics Committee has now published its most recent opinion which focuses on when a potential client becomes a prospective client. We have a short summary of the Opinion on our website but encourage everyone to read the opinion in its entirety in the July Bench and Bar Magazine. Then, check out our On-Demand CLE library later this summer for our updated CLE, Wait, What Do You Mean She is My Client? When Casual Conversations Create an Attorney-Client Relationship.

US Supreme Court Decision Allows States to Seek Reimbursement from Both Past and Future Medical Care

On June 6, 2022, the U.S. Supreme Court decided Gallardo v. Marstiller, finding that states could seek reimbursement from settlement payments for future medical care, not just past medical care. Lawyers practicing personal injury law need to review the case and understand the potential implications on settlements going forward.

Wednesday, 08 June 2022

The LMICK Minute - Issue #22

To Our Policyholders:

What an honor to serve Lawyers Mutual of Kentucky’s (“LMICK”) insureds and the lawyers of the Commonwealth of Kentucky for another year. This sentiment is echoed, I know, by the entire LMICK Staff and Board. As a mutual insurance company, LMICK is your company and we are proud to work with you and for you. In anticipation of the upcoming Annual Meeting (more details below), we wanted to take this opportunity to update you on the state of the company and to reflect a bit on 2021.

We Are a Community of Kentucky Lawyers.

Importantly, 2021 marked LMICK’s 15th consecutive profitable year. This accomplishment was made possible, in large measure, by your continued loyalty and support. Thank you. As I say in a note that I write to all those new or returning to LMICK: we appreciate having you as an insured. The financial stability that the Company enjoys allows us to serve the needs of our insureds, specifically, and Kentucky lawyers more broadly. We ended 2021 with a renewal rate of 96% for firms and 97% for attorneys. One hundred and twenty-six (126) new attorneys became LMICK insured in 2021. We would be proud of these numbers in normal times, but to hit these benchmarks in a year in which we continued to fight through a pandemic was remarkable. Together, as a community of Kentucky lawyers, we’ve persevered, and I dare say thrived.

Wednesday, 18 May 2022

The LMICK Minute - Issue #21

News & Updates

Lawyers Mutual of Kentucky Voting Open Until June 10, 2022

If you are the primary name on your LMICK policy, please be aware that proxy materials were sent via email on Monday, May 9 from IntelliScan. Voting for the Board of Directors and on other LMICK business is open until June 10th!.

June 30, 2022 Deadline for Comments to Proposed Amendments to Rules:

Family Court Rules of Practice and Procedure Amendments
The Kentucky Supreme Court is considering proposed amendments to the Family Court Rules of Practice and Procedure. The proposal replaces Subsection 6 (Case Management) of FCRPP 2 Preliminary Matters with two new rules addressing mediation (FCRPP 39) and case management conferences (FCRPP 40). All written comments to the proposed amendments must be submitted electronically to This email address is being protected from spambots. You need JavaScript enabled to view it. by June 30, 2022.

Rules of Appellate Procedure
The Kentucky Supreme Court is also considering proposed amendments to the Rules of Appellate Procedure. Commentary to the amendments explains an overarching goal of simplifying the rules to eliminate common points of confusion among practitioners and pro se appellants. Comments to the proposed rules must be submitted electronically to This email address is being protected from spambots. You need JavaScript enabled to view it. by June 30, 2022.

If you practice family or appellate law, please consider offering your thoughtful comments on the proposed amendments.

Wednesday, 20 April 2022

The LMICK Minute - Issue #20

News & Updates

Congratulations to Kentucky’s Newest Attorneys!

LMICK would like to congratulate Kentucky’s (soon to be) newest attorneys! The swearing in ceremony is set for Friday, April 22, 2022 in Frankfort. If you have a newly admitted attorney joining your practice, remember to add them to your policy by filling out the form on our website.

Amendments to the Kentucky Supreme Court Rules Effective April 1, 2022

The Kentucky Supreme Court announced several proposed amendments to the rules have been approved and became effective on April 1, 2022. We encourage you to review and note any rules that impact your practice. To get you started, we have highlighted the most significant changes, here.

Wednesday, 16 March 2022

The LMICK Minute - Issue #19

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.

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