Wednesday, 17 August 2022
The LMICK Minute - Issue #24
LMICK is here for you
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.
News & Updates
AppalReD Responds to Eastern Kentucky Flooding
AppalReD, in conjunction with the Kentucky Bar Association and the American Bar Association Young Lawyers Division, is ready and able to assist flood survivors with legal services. Individuals needing assistance should call 1-844-478-0099 during business hours Monday through Friday. AppalReD is able to assist with:
- FEMA Denials and Appeals
- SBA Financial Benefits
- Benefits (Unemployment Insurance, SNAP, Medicaid/Medicare)
- Replacement IDs, Birth Certificates, EBT/Direct Express/WIC Cards
- Re-doing wills and other important legal documents destroyed in the disaster
- Home Repair Contracts and Property Insurance Claims
- Price Gouging, Scams and Fraud
- HousingIssues (Homeowners and Renters)
- Connection to Other Community Resources
AppalReD plans to offer training for attorneys interested in volunteering to assist flood victims. Follow their social media for updates or reach out to their volunteer program herefor more information about their current needs.
Additional Disaster Response Resources
- Kentucky Bar Association Disaster Recovery Site
- Foundation for Appalachian Kentucky
- Providing direct financial support to individual flood survivors. Small businesses impacted by the flood can also apply for grant support of up to $10,000.
- Team Eastern Kentucky Flood Relief Fund
- Kentucky Justice Association: Kentucky Strong Disaster Relief Fund
- Kentucky Flood Resources
Knott Co. Court Operations Suspended Indefinitely Due to Historic Flooding
Due to historic flooding in Knott County, the Knott County Judicial Center at 53 W. Main St. in Hindman is nonoperational for holding court, operating court offices and other essential court functions. Knott County Chief Circuit Judge Kim Cornett Childers has closed the judicial center beginning Thursday, July 28, 2022, until the building can safely reopen.
Accordingly, the Supreme Court of Kentucky has entered Administrative Order 2022-39, which is an Emergency Order regarding the operation of the courts and the practice of law in Knott County.
You can find these and other disaster response resources on the LMICK website!
This summer, Thomas Kerrick, Sarah McKenna and Marcia Ridings completed their term of service to the LMICK Board of Directors. Thank you for your service!
Welcome to the LMICK Board!
We are excited to welcome our newest Board members: Kristin Cody, Jay Milby Ridings, and Fletcher McMurry Schrock. Thank you for your commitment and we look forward to your leadership!
Jay Milby Ridings
Fletcher McMurry Schrock
Ethical Obligations in Disaster: Risk of Disclosure of Confidential Information or Risk of Client File Loss
If your practice has been impacted by the flooding, you need to consider whether the damage to your firm has created risks that implicate a duty to notify clients. Client notification is required if there is a risk of disclosure of confidential information to a third-party (i.e., a file is torn apart during a storm and someone may find documents from the file). Client notification is also required in certain situations when a client file is lost and cannot be reconstructed. For a more complete explanation of a lawyer’s duties following a natural disaster, take a look at our Client Notification Requirements and Template Letter.
The Implications of Gallardo v. Marstiller
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 and LMICK Board Members Jennifer Lawrence and Trey Moore provide us insight on the implications of the case on Kentucky personal injury settlements.
Practical Tips in Cybersecurity Series
In light of recent events, we have paused our Cybersecurity Series until next month to focus on disaster response resources.
Are you at Risk for Secondary Traumatic Stress?
A natural disaster is always a traumatic event, both for those experiencing it and the first responders. The professionals who are assisting in the aftermath—lawyers, doctors, psychologists, social workers—are at risk for secondary traumatic stress “when hear[ing] about the firsthand trauma experiences of another.” Signs of secondary traumatic stress—also known as compassion fatigue—can include lower concentration, apathy, withdrawal, sleep disturbance, hypervigilance, increased heart rate, impaired immune system, and more. (A more complete list of symptoms is located here.) The ABA has also created a guide on compassion fatigue and how it impacts lawyers. If you or someone you know is suffering from compassion fatigue or other mental health concerns, reach out to KYLAP for additional resources and assistance online or by phone (502-226-9373).
Are you working with clients who have experienced trauma? Our latest (free) on-demand CLE—Improving Lawyer Competence with a Trauma Informed Approach—can help! The session will help you better understand trauma, how it impacts your clients, and how you can more successfully navigate the representation. Click here for more information and to register.
Free Ethics CLE: Tuesday, August 30th at 1:00 p.m. EST: Effective Supervision: How to Meet Your Ethical Duties and Support Your Team
Our next quarterly CLE is for everyone in your firm: partners, associates, and nonlawyer staff! Join LMICK’s own Courtney Risk as she explores how attorneys can meet one’s ethical duties as well as the team’s needs for professional growth and support through effective supervision. This event is pending approval for 1.0 hour of CLE Ethics credit in Kentucky. Click here to register, today!
Kentucky Law Update Registration is Now Open
The 2022 Kentucky Law Update program will include one day of live, in-person training in each location as well as an on-demand component. LMICK is excited to present live: Small Steps, Big Impact: Practical Tips for Protecting Your Practice (1.0 hour of ethics). This session will identify the most common causes of liability and then will equip attendess with small steps that can have a big impact on reducing their exposure and protecting their practice. KLU registration is now available!
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 summer, 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)!
|August 19:||Hopkins Co. Bar Association CLE, Madisonville|
|September 1:||Kentucky Law Update, Owensboro|
|September 8:||Kentucky Law Update, Covington|
|September 14-16:||Kentucky Justice Association Annual Convention, Cincinnati|
|September 19:||National Client Protection Organization Conference CLE, Lexington|
|September 29:||Kentucky Law Update, Ashland|
|October 6:||Kentucky Law Update, Lexington|
|October 20:||Kentucky Law Update, Pikeville|
|October 27:||Kentucky Law Update, Bowling Green|
|November 3:||Kentucky Law Update, London|
|November 10:||Kentucky Land Title Association Annual Meeting, Louisville|
|November 17:||Kentucky Law Update, Paducah|
|December 1:||Kentucky Law Update, Louisville|
Attending one or more of these events will help you reach your goal of 20 CLE credits which could earn you a credit on your next LMICK premium!
Need a CLE Speaker? Click here to schedule an ethics CLE for your event!
Angela Logan Edwards – President/CEO
Courtney Risk – Business Development Specialist