Posted in: LMICK Minute
December 17, 2025
LMICK Minute - Issue #63

News & Updates

Jane Broadwater Long, LMICK’s Vice President and Claims Counsel, Retiring

After more than twenty remarkable years with Lawyers Mutual, we announce the bittersweet retirement of Jane Broadwater Long, whose dedication, expertise, and warmth have left an enduring mark on Lawyers Mutual. While we will deeply miss her daily presence, we are grateful that this farewell is not a full goodbye—she will continue to support us through consulting work as she embarks on this exciting next chapter. Please join us in wishing her the very best in her future endeavors and in celebrating her extraordinary contributions over the years.

The Future of Law: AI in Practice

The Kentucky Bar Association has created a four-part webinar series on AI in the legal practice that is free for all KBA members. The series will help you obtain a deeper understanding of AI’s role in the legal profession and how to use it effectively. The first installment, “Making AI Work for You-When and How to Use It” will be held January 7, 2026. The second part, “From Drafting to Done” will be held January 14, 2026. The third session, “AI Tools for Litigators” will be held January 21, 2026. The fourth and final piece in the series, “Navigating the Latest AI Developments and Practical Applications for Legal Practice - An Interactive Town Hall” will be held January 28, 2026. Visit the KBA's website for more information and learn how to register.

USPS Postmarking Changes

In August of this year, the US Post Office announced a new rule that included a change regarding when letters are postmarked. Under this new rule, most letters will no longer be postmarked on the day the letter is received by a post office but instead postmarked a day later when the letter is processed at a regional mail processing facility. This means deadlines tied to mailing dates (for example, legal filings, claims, or notices) could be missed if you rely on a standard postmark.

To protect yourself, ask for a hand-stamped postmark when mailing time-sensitive items. Use certified mail or other proof-of-mailing options. Or allow extra time or consider electronic or courier delivery when deadlines are strict. For more information, please click here.1

1 This article was first published on WisLawNOW, a Wisconsin legal blogger website, and authored by Victor Forberger. Reprinted with permission.

 


 

Practice Management

Agentic AI: What It Is and How It Can Support Your Practice

As part of LMICK’s continued AI series, this month LMICK discusses Agentic AI. Artificial intelligence has rapidly evolved over the past few years, and one of the newest developments—Agentic AI—is beginning to reshape how professionals, including lawyers, approach complex tasks. Most attorneys are now familiar with generative AI, which creates content such as text, summaries, drafts, and analysis based on prompts. Generative AI is powerful, but it is fundamentally reactive: it responds to a request, produces an output, and stops.

Agentic AI, by contrast, is designed to act rather than simply respond. These systems can break down goals into steps, choose appropriate tools, take actions across multiple systems or sources, monitor progress, adapt based on results, and continue working until the objective is achieved. In other words, Agentic AI functions more like a digital legal assistant that can plan, execute, and iterate—not merely generate text. For example, instead of simply drafting a discovery request, an Agentic system might identify what information is missing, search through documents you’ve provided, organize evidence by issue, and prepare a work plan for the next litigation milestone.

For lawyers, the practical benefits of this technology are substantial. Agentic AI can automate time-consuming workflows such as docket monitoring, deadline tracking, conflict checks, file organization, or routine client communications. It can assist with multi-step legal research by gathering relevant statutes, updating cases, comparing jurisdictions, and delivering structured summaries. And because these systems can operate continuously and proactively, they can help lawyers prevent oversights, maintain compliance, and stay ahead of critical tasks.

As with any AI tool, lawyers must remain mindful of confidentiality, accuracy, and ethical duties. Agentic AI should be used within secure, verified platforms; outputs must be checked; and ultimate professional judgment must remain with the attorney. But when used responsibly, Agentic AI offers a practical next step in legal technology—one that moves beyond generating text and toward meaningful, workflow-level support that enhances efficiency, organization, and client service.

Below are sample prompts and the types of multi-step, action-oriented responses an Agentic AI system might produce. These demonstrate how the technology differs from simple text generation and can support real legal workflows.

1. Litigation Workflow Planning

Prompt: “Review the case file I uploaded, identify all upcoming litigation deadlines under the Kentucky Rules of Civil Procedure, and create a week-by-week task plan through the close of discovery.”

What the Agentic AI might do:

  • Extract key dates from pleadings and scheduling orders
  • Calculate deadlines under the rules
  • Build a structured task plan and reminders
  • Flag missing documents or filings that need attention

2. Multi-Step Legal Research

Prompt: “Compare how Florida, Georgia, and Kentucky treat enforceability of non-competes for medical professionals and draft a client-ready memo.”

What the Agentic AI might do:

  • Gather statutes and recent case law
  • Organize findings by jurisdiction
  • Prepare a comparative summary
  • Produce a memo with citations

3. Client Intake Automation

Prompt: “Analyze this new client intake form, run a conflict check, identify missing information, and draft a follow-up email.”

What the Agentic AI might do:

  • Extract parties and issues
  • Cross-check conflicts
  • Flag missing dates or details
  • Draft professional follow-up correspondence

4. Discovery Assistance

Prompt: “Review these 200 PDFs, categorize them by issue, identify potential exhibits for a deposition, and prepare an outline.”

What the Agentic AI might do:

  • Sort documents by relevance
  • Highlight key evidence
  • Suggest potential exhibits
  • Create a deposition outline with linked documents

5. Contract Monitoring & Compliance

Prompt: “Track renewal and notice deadlines in these contracts and draft reminder emails as dates approach.”

What the Agentic AI might do:

  • Identify contractual deadlines
  • Monitor dates proactively
  • Generate reminder emails tailored to each contract

6. Brief Quality Check

Prompt: “Review this draft brief for inconsistencies, missing citations, and negative treatment of cases.”

What the Agentic AI might do:

  • Analyze argument flow
  • Identify gaps or weak points
  • Update or replace citations
  • Suggest revised language

There are several Agentic AI platforms that are currently available. Many of the available platforms have different uses and purposes. Some examples are Amazon Bedrock AgentCore; Atera IT Autopilot; Cisco’s Unified Edge; Databricks’ Agent Bricks; and Google Cloud’s Gemini Enterprise.

As with any AI tool, lawyers must remain mindful of confidentiality, accuracy, and ethical considerations. Secure platforms, proper oversight, and human judgment remain essential. But used responsibly, Agentic AI can elevate a lawyer’s efficiency and reliability—moving from a passive drafting tool to an active participant in legal workflow management.

Questions? Contact This email address is being protected from spambots. You need JavaScript enabled to view it. for more information.

Understanding Tail Coverage – and Why It Matters for Every Lawyer

As the legal landscape continues to evolve, professional liability protection remains a critical component of a healthy law practice. One coverage feature that often goes overlooked—yet can have substantial consequences—is tail coverage, also known as an Extended Reporting Period (ERP) endorsement. Whether you are retiring, closing a firm, switching carriers, or transitioning to an in-house role, understanding tail coverage is essential to maintaining continuous protection.

What Is Tail Coverage?

Most legal malpractice policies are written on a claims-made basis, meaning the policy must be in effect both when the alleged error occurred and when the claim is reported. If your policy ends and no new policy is in place, a gap is created—and claims arising from past work may no longer be covered. This is where tail coverage steps in.

A tail policy extends the time in which you can report a claim for work you performed while your prior policy was active. It does not create new coverage; instead, it preserves your ability to report claims based on past acts, errors, or omissions. In short: if you no longer carry active malpractice coverage, a tail protects your prior work.

Why Tail Coverage Is Critical

  • Claims can arise years after representation ends. Even the most diligent lawyer can face a claim long after a matter has closed. Without tail coverage, those late-arriving claims could become entirely uninsured.
  • Retirement or firm departure creates exposure. When an attorney retires, dissolves a firm, or shifts to a non-practicing role, they often stop carrying an active malpractice policy. A tail ensures their past legal services remain protected.
  • Carrier changes aren’t always seamless. If you switch insurers or join a firm with different coverage terms, gaps in your retroactive date or reporting period can occur. Tail coverage can bridge those gaps.
  • Peace of mind for you—and your clients. Maintaining continuous protection helps safeguard your financial security and upholds professional responsibility to former clients.

When Should You Purchase a Tail?

You should consider securing a tail policy if you are:

  • Retiring or winding down your practice
  • Selling or merging a firm
  • Leaving private practice or taking an extended career break
  • Changing insurers and unable to keep the same retroactive date
  • Concerned about potential gaps in coverage related to prior work

Many carriers offer multiple tail options—such as one-year, three-year, five-year, or unlimited ERP endorsements. Selecting the right tail depends on your practice area, claims history, and long-term risk tolerance.

Tail coverage is an essential safeguard for lawyers who are transitioning in their careers or preparing to conclude their practice. It ensures that even after you step away from active representation, your past professional work remains protected. For many attorneys, purchasing a tail policy is not just a prudent decision—it’s a vital component of responsible risk management.

If you are considering retirement, changing firms, or modifying your coverage, reach out to your malpractice insurance provider to discuss the tail options available to you. A well-chosen tail policy can provide lasting peace of mind long after your final case is closed.

Questions? Contact This email address is being protected from spambots. You need JavaScript enabled to view it. for more information.

Do You Need Higher Limits? Understanding Higher Limits Endorsements

Selecting the right level of professional liability protection is one of the most important decisions a lawyer or law firm makes each policy year. While many attorneys renew their malpractice coverage without much adjustment, evolving practice areas, rising claim costs, and increased client expectations mean that your existing limits of liability may no longer be sufficient. A higher limits endorsement can help ensure your firm is properly protected.

What Are “Higher Limits”?

Every legal malpractice policy includes limits of liability, which represent the maximum amount an insurer will pay on your behalf for defense costs and damages. These limits are commonly expressed as a per-claim limit and an aggregate limit—for example, $1 million / $1 million.

A higher limits endorsement increases these maximum amounts. For instance, a firm carrying $1M/$1M may choose to increase its limits to $2M/$2M, $5M/$5M, or more, depending on its risk profile. Higher limits do not change the scope of coverage but expand the financial protection available if a significant claim arises.

Why Higher Limits Matter

Legal malpractice claims have grown in both frequency and severity across many practice areas. Even a single claim—especially one involving complex litigation or real estate, business transactions, or estate planning—can exceed lower limit amounts. Choosing the right limit is essential to ensuring that a serious claim does not jeopardize the firm’s financial stability.

Higher limits may be particularly important if:

  • Your matters involve high dollar values. Attorneys handling complex commercial deals, real estate closings, intellectual property matters, and high-net-worth estate planning face larger potential exposures.
  • You regularly hold client funds or manage fiduciary responsibilities. Claims involving trust accounts or probate administration can result in significant damages.
  • Your practice has grown. A firm that now represents larger clients, handles more matters, or serves as outside general counsel may have outgrown its original limits.
  • You have expanded into riskier practice areas. Plaintiffs’ litigation, securities work, class actions, and certain corporate transactions can carry higher claim severity.

Factors to Consider When Evaluating Your Limits

When deciding whether higher limits are appropriate, consider the following:

  • Typical dollar value of your cases or transactions
  • Worst-case financial exposure if a client were to allege negligence
  • Whether your clients or referral sources expect certain limit minimums
  • Your firm’s growth, staffing, and case volume
  • Past claims activity within your practice area

The Cost-Benefit Balance

Increasing limits does come with additional premium costs, but the added protection can be invaluable. In many cases, the cost of purchasing higher limits is minor compared to the financial and reputational consequences of an underinsured malpractice claim. For firms handling matters with substantial financial stakes, higher limits may effectively function as a form of long-term risk management.

A higher limits endorsement is more than just an optional upgrade—it’s a strategic decision that reflects the realities of your practice. As your firm grows and takes on more complex or higher-value matters, your liability protection should grow with it. Reviewing your limits annually helps ensure that you are adequately covered and that a single claim will not undermine years of hard work.

Questions? Contact This email address is being protected from spambots. You need JavaScript enabled to view it. for more information.

 


 

Lawyer Well-Being

Winter Wellness: 7 Tips for Staying Healthy During the Holidays

The holidays are a wonderful time for family, friends and celebrations. But winter can take a toll on your physical and mental health, even during the festivities.

So, what can you do to stay healthy this winter?

Drink Water

Winter may be a good time for hot cocoa and cider, but always make water your drink of choice. While hot beverages can be great for warmth, remember to keep it balanced with at least 8 cups of water per day. A glass of water with and between each meal can keep you hydrated, healthy and ready to fight off any germs winter may bring.

Stress less

Over-the-top holiday excursions can be stressful, which isn't how you should feel in this joyful season. Focus on your holiday traditions — don't worry about the rest. Make time for friends, family and good cheer, and embrace relaxation when you can.

Sleep enough

Don't neglect the value of sleep. Do all that you can to stick to your typical sleep schedule, even around all the celebrations and traveling. Avoid or limit caffeine, alcohol, daytime napping and large meals before bed. These factors can interfere with a good night's rest.

Dress warmly

Remember headwear that fully covers your ears, wear mittens rather than gloves and pull on well-insulated socks when dressing for the weather. Instead of wearing one big coat, dress in several layers of loose, warm clothing. This will better protect you against wind, snow and rain. If your clothes become wet, change them as soon as possible.

Limit time in the cold

Pay attention to weather forecasts and windchill readings. Dress accordingly, but also watch for signs of frostbite, such as red or pale skin, prickling and numbness. Seek emergency help right away if you experience any signs of hypothermia, including intense shivering, slurred speech, loss of coordination or fatigue. You can avoid these cold-weather hazards if you take measures to protect yourself against the cold, such as packing an emergency supply kit and warm clothing while traveling.

Exercise

Cold air sometimes can discourage you from keeping up with your fitness routines. It's easy to let these habits slide for the season, but remember that regular activity can keep you healthy, both mentally and physically. Choose an indoor exercise if the temperature is below zero or the windchill is extreme. Workout apps or online exercise programs are great tools to get you moving in the comfort of your home. If you prefer to exercise outside, dress appropriately. Too many layers can make you overheat, so choose layers you can easily remove.

Keep the germs away

Three words: Wash your hands. This is one of the best ways to avoid getting sick and spreading common winter illnesses, such as colds. Germs accumulate through nearly everything you do or touch, so wash your hands frequently. Wash your hands for at least 20 seconds, scrubbing all surfaces and rinsing well. Also, get flu and COVID-19 vaccines to avoid being sick during the coldest time of year.

Following these tips can ensure you have a safe, happy and healthy holiday season.

Questions? Contact This email address is being protected from spambots. You need JavaScript enabled to view it. for more information.

Know That Help is Always Available

If you are struggling with grief, sadness, anxiety, or any other emotion or stressor that is negatively impacting your daily life, please reach out for help. All Kentucky lawyers are eligible for four free visits with a mental health professional through the Kentucky Lawyers Assistance Program. For more information about the variety of confidential resources KYLAP offers, please visit www.KYLAP.org.

Questions? Contact This email address is being protected from spambots. You need JavaScript enabled to view it. for more information.