Wednesday, 18 May 2022

The LMICK Minute - Issue #21

Posted in Newsletters

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.

Effective July 1, 2022: eFiling Mandatory for Attorneys in Foreclosure and Credit Card Debt Collection Cases

As of July 1, attorneys will be required to file foreclosure and credit card debt collection cases electronically in Kentucky courts. The Supreme Court of Kentucky issued Administrative Order 2022-22 to make eFiling mandatory for these cases. Please take advantage of the available resources and training needed to meet your new obligations if you handle these types of matters.

 


 

Practice Tips

Disaster Preparedness Series: Ethical Considerations and The Cloud

In the legal software market, lawyers have a variety of cloud-based solutions available from practice management software to full document management.  Pennsylvania Ethics Opinion 2011-200 stated cloud computing is “merely a fancy way of saying stuff’s not on your computer.” (internal citations omitted). There are also a variety of combinations of cloud-only data storage to hybrid systems with physical servers on location and supported by a cloud back-up. Our latest installment looks at the risks and benefits of cloud computing and the ethical duties lawyers owe clients when using cloud computing software.

Representation of Clients with Diminished Capacity

The media attention surrounding the Britney Spears conservatorship (#FreeBritney) has spurred discussion about the many ethical challenges an attorney faces when dealing with clients with diminished capacity. In Kentucky, SCR 3.130 (1.14) provides guidance on how to proceed if the lawyer knows or suspects they have a client with diminished capacity. This recent article from Hinshaw highlights the top takeaways from the model rule which Kentucky has adopted. Also, for a fun legal take on the Britney Spears case—and discussion of Kentucky guardianship resources and alternatives—check out this podcast from the Fayette County Bar Association.

 


 

Wellness Corner

Wellness Tips

The ABA Journal recently shared 40 Wellness Tips to Help Lawyers Cope with Job Pressure. This inspired us to share some of our own wellness tips. Our first tip comes from our Business Development Specialist, Courtney Risk:

Embrace your calendar: I am a planner to the core, so I rely on my calendar in several ways. I make sure to block out time for tasks so that I can tell at-a-glance what my capacity is for additional tasks (and communicate that capacity to others, when needed). I also have a reminder at the end of the day to review my to-do list. I add any tasks still needing attention and decide what I will do first the following morning. This allows me to mentally unload, have a clean stop to the workday, and hit the ground running the next day. That separation between work and personal time is key, especially in a remote working environment.

Share your wellness tips on social media and tag Lawyers Mutual of Kentucky!

May is Skin Cancer Awareness Month

Warmer days are finally here, and I think we are all benefiting from a little extra sunshine and Vitamin D. I know I have been finding ways to work outside, this spring. However, did you know that your risk for melanoma doubles if you have had more than five sunburns? Before you head out, check out these sun safety tips to enjoy the sunshine, responsibly. May is also a great month to start self-screening for new, changing, and unusual blemishes.

 


 

Upcoming Events

Free Ethics CLE: Tuesday, June 28th at 12:00 p.m. EST: “…And Here’s the Top Ten!” Ethics and Malpractice Avoidance Guide

Join Asa “Pete” Gullett as he provides his top ten practical steps to avoid or prevent the likelihood of receiving a claim. Mr. Gullett currently serves as Assistant Claims Counsel for Lawyers Mutual of Kentucky. He served LMICK as the Chief Operating Officer from 1999 until 2018 when he retired and shifted to his current role. Prior to his time with LMICK, Mr. Gullett practiced law in Hazard, serving as the city prosecutor and city attorney, among other roles.

This seminar will cover the most prevalent types of legal malpractice claims, including allegations of failure to know the law, failure to properly commence an action, failure to calendar properly, and more. Attendees will be able to identify higher risk activities and how to proactively avoid making costly mistakes. And, if you haven’t taken care of your “old dog” recently…this seminar is for you!

This event has been approved for 1.0 hour of CLE Ethics credit in Kentucky. Click here to register, today!

We look forward to seeing you!

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

May 18: Kentucky Defense Counsel CLE, Webinar
May 20: Kentucky Justice Association CLE, Covington
May 24: Fayette County Bar Association Ethics CLE, Lexington
June 2: McCracken County Bar Association CLE, Paducah
June 3: Kentucky Justice Association CLE, Louisville
June 7: Kentucky Justice Association CLE, Bowling Green
June 9: Northern Kentucky Bar Association CLE Day, Erlanger
Kentucky Justice Association CLE, Lexington
June 10: University of Kentucky Bankruptcy CLE, Lexington
Kentucky Justice Association, Covington
June 15-17: Kentucky Bar Association Annual Convention
June 21: Kentucky Justice Association CLE, Pikeville
June 23: Kentucky Justice Association CLE, Lexington
June 24: Kentucky Justice Association CLE, Louisville
June 28: LMICK Virtual CLE, “…And Here’s the Top Ten!”
June 30: Kentucky Justice Association CLE, Lexington


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? Click here to schedule an ethics CLE for your event!