Wednesday, 20 September 2023
The LMICK Minute - Issue #37
News & Updates
Kentucky Supreme Court Addresses Legal Malpractice Statute of Limitation
The Kentucky Supreme Court recently held that in a “non-litigation legal malpractice claim” the one-year statute of limitations clock starts “when the claimant is reasonably certain that damages will indeed flow from the defendant’s negligent act.” This opinion overturns prior case law that created uncertainty and did not start the clock on non-litigation legal malpractice claims until the claimant knew the exact dollar amount of damages due to the malpractice. Read the full opinion here.
KBA Rural Task Force Survey Deadline Tomorrow (Thursday, Sept. 21st)
Lawyers Mutual is excited to serve on the Kentucky Bar Association Rural Practice Task Force. The task force was formed to investigate issues impacting rural practice and to find solutions that support rural lawyers and access to justice across the Commonwealth.
Kentucky Judicial Commission on Mental Health Town Hall Meetings
The Kentucky Judicial Commission on Mental Health is hosting town hall meetings across the state this fall. The Commission is inviting comments from the public about “how the justice system handles cases involving people with mental illness, substance use disorder and/or intellectual and developmental disabilities.” Click here for dates and additional information.
Top Tips for Mitigating Malpractice Risk
Lawyers can often reduce their stress and mitigate malpractice risk by taking a few simple steps to ensure good practice management techniques are in place. In this article, we utilize Lawyers Mutual’s 2022 Claims Data to provide our top tips for mitigation of malpractice risk. For a more in-depth discussion of risks and mitigation, check out the Malpractice 101 on-demand CLE on our website.
September is Suicide Prevention Month
“Lawyers are six times more likely than the general population to die by suicide,” KYLAP’s Yvette Hourigan shared with the Hearld-Leader in a moving story about lawyers and suicide on September 1, 2023. Lexington lawyer Bruce Simpson shared his story of attempted suicide after missing a critical deadline in a case. Mr. Simpson spoke out about what happened to him, acknowledging that “if no one talks about it, suicides will continue to be a public health problem.” The powerful story describes sensitive details that could be triggering for some readers.
KYLAP is launching a new online screening tool with the American Foundation for Suicide Prevention. This tool for Kentucky lawyers will be the first in the country and is expected later this year. For more information about KYLAP and the available services, visit www.kylap.org.
Dial or Text 988: Suicide and Crisis Lifeline
The 988 Lifeline was launched in 2022 and is available for those who need support dealing with mental health distress, substance use crisis, or thoughts of suicide. In the first year, 5 million contacts were answered—an increase of over 2 million contacts from the prior year. For more information about the hotline and its expanded services, click here.
Register Now for LMICK’s 4Q CLE!
Cybersecurity 101: Ethical Duties and Practical Tips for Kentucky Lawyers
Wednesday, Oct. 18, 2023 at 12:00 EST
1.25 hours of Kentucky Ethics CLE (pending approval)
Is it just me or do you have a love/hate relationship with technology? I love that I am drafting this in my neighborhood coffee shop over a secure, private network before heading to my next meeting. I also hate how quickly technology changes, making it difficult to feel like I have a good understanding of the latest trends. When it comes to technology in law practices, lawyers have the additional ethical obligation to adopt cybersecurity measures that appropriately protects their clients’ information. (See KBA E-446) It’s no wonder that many of us just throw up our hands in frustration.
The goal of this panel session is to ease some of this frustration. Attendees will gain a better understanding of what it means to implement reasonable cyber security processes in their practice. The panel will discuss practical tips for both preventing and responding to cyber incidents. Attendees will also gain a better understanding of what is and is not covered by cybersecurity insurance policies and what to consider when evaluating coverage. Click here to register!
LMICK 3Q CLE Still Available On-Demand!
Malpractice 101: What Is It and How To Protect Yourself?
2.0 hours of Kentucky Ethics CLE Approved
What constitutes a legal malpractice case? How can I prevent a malpractice case? What does my insurance policy cover (or not cover)? This session provides an overview of malpractice, legal professional liability policies, and related cyber security issues. In the first hour of the session, attendees will gain an understanding of the most prevalent types of legal malpractice and learn LMICK’s top tips for mitigating risk. Since lawyers are human—and risk mitigation is not risk elimination—the second hour of the session will examine legal professional liability insurance and cyber insurance (generally): how it works, how it does not work, why you need it, and questions to ask. Click here to register!
Kentucky Law Update Registration Open
This year's KBA Kentucky Law Update includes both in-person and on-demand opportunities to earn the annual CLE requirement of 12.0 CLE credits, including 2.0 ethics credits, at no cost. Attend the in-person sessions and see Lawyers Mutual’s own Courtney Risk co-presenting in two sessions, one of which will showcase the newly updated Client Trust Account Basics Handbook. During the lunch hour, Courtney joins J.D. Meyer to discuss Planning for the Inevitable and the ways succession planning impacts rural practices. See below for a list of in-person dates and click here to register!
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 fall, 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)!
Sept. 21: Kentucky Defense Counsel Fall Seminar, Lexington
Sept. 28: Kentucky Law Update, London
Oct. 12: Kentucky Law Update, Lexington
Oct. 13: KBA YLD and UK Law Alumni Section Connection Event, Lexington
Oct. 26: Kentucky Law Update, Paducah
Nov. 9: Kentucky Law Update, Louisville
Nov. 15: Louisville Bar Association Annual Awards, Louisville
Nov. 16: Kentucky Law Update, Pikeville
Nov. 30: Kentucky Law Update, Bowling Green
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