TODAY! Free CLE at Noon (EST): Resilience Strategies for Managing Stress and Depression During the Holidays
We are heading into what is predicted to be the most “normal” holiday season we’ve seen in years. While that is a relief to many, we are reminded that it is still a season filled with its own unique stressors: additional obligations but no additional time, sometimes difficult family dynamics, and financial stresses. Join moderator, KBA President Amy Cubbage, as she leads a panel discussion on strategies for reducing stress, depression, and anxiety during the holidays. Click here to register. Note, the CLE will be made available on-demand if you are unable to attend the live version.
Should Attorneys Copy Clients on Emails? New ABA Formal Opinion Provides Guidance
“In the absence of special circumstances, lawyers who copy their clients on an electronic communication sent to counsel representing another person in the matter impliedly consent to receiving counsel’s ‘reply all’ to the communication. Thus, unless that result is intended, lawyers should not copy their clients on electronic communications to such counsel; instead, lawyers should separately forward these communications to their clients.” Click here to read the entire opinion.
On Friday, the latest group of Kentucky attorneys swore they have never fought a duel and officially joined the Kentucky bar. We congratulate them on this great accomplishment! If you are fortunate enough to have a new attorney joining your firm, remember to fill out the “Add an Attorney” form on our website.
Illinois Supreme Court Holds Former Client May Seek Reimbursement of Punitive Damages Award in Legal Malpractice Lawsuit
The Illinois Supreme Court recently held the plaintiff in a legal malpractice case may seek the reimbursement of their actual damages, including any punitive damages the plaintiff was required to pay due to the alleged malpractice. For a full write-up, check out this article from Hinshaw Law.
AppalReD, in conjunction with the Kentucky Bar Association and the American Bar Association Young Lawyers Division, is ready and able to assist Eastern Kentucky flood victims with legal services. Individuals needing assistance should call 1-844-478-0099 during business hours Monday through Friday.
Volunteer Opportunity: Pro Bono
If you are interested in providing pro bono assistance directly to flood victims, we recommend signing up as a volunteer with AppalReD on their website as they provide support for handling cases that may be outside of your typical practice area. Additionally, legal services organizations often offer legal professional liability coverage for those cases the lawyer handles on the organizations’ behalf. As a LMICK insured, your policy will generally cover your pro bono work. However, not all policies from all carriers are the same (and not all volunteer attorneys carry insurance). Always make sure your pro bono cases are covered (and with appropriate limits). For coverage questions under your LMICK policy, please contact us at 502-568-6100.
Once again Mother Nature has proven to be a formidable adversary. Only eight months removed from the record-breaking tornadoes that devastated parts of several Central and Western Kentucky counties, unprecedented flooding has destroyed parts of Eastern Kentucky. All of the families in those communities are in our thoughts and prayers. The LMICK Board and Staff are so sorry for the lives lost, the homes and keepsakes within them ruined, the businesses interrupted and the uncertainty they face about the days and weeks ahead. What is certain is that Kentuckians have and will continue to rally for these families and communities. There are a number of ways to contribute, but LMICK has already contributed time and resources to the Foundation for Appalachian Kentucky. They are doing powerful work and we recommend them for your consideration.
With regard to lawyers more specifically, we know that several lawyers also suffered personal and/or professional loss. Like the situation with the December tornadoes, LMICK Staff has attempted contact with all of our insureds in the affected areas. We have been heartened to hear that most of our insureds are safe and have suffered less loss and damage than we feared. However, we understand there may be delays in submitting renewal applications or premium payments. If you are facing these challenges, please let us know so we can work with you to come up with a plan. You will NOT lose coverage due to flood-related delays.
We know communications are compromised in many areas and that it will take time to reach all of our insureds. If you or someone you know of has been impacted by the flooding, and may not have received our e-mail and/or phone call, please contact us at 502-568-6100. We want to know that you are safe and to understand how we can support you as you put your law practices back together.
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.