Bar Discipline 101: The Dos and Don’ts of Responding to a Bar Complaint
Lawyers that receive a bar complaint experience a wide variety of emotions including fear, panic, stress, and anger. This session will provide lawyers with an overview of the disciplinary process, including the 2022 updates to the rules. It will also address the need to obtain counsel so lawyers can respond rationally and effectively to a charge of attorney misconduct. Attendees will be better prepared for if—or when—they receive a bar complaint.
Cybersecurity 101: Ethical Duties and Practical Tips for Kentucky Lawyers
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 protect 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 cybersecurity 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.
Effective Supervision: How to Meet Your Ethical Duties and Support Your Team
Associates and nonlawyer staff provide significant contributions to the success of any firm. Supervising attorneys can support their important work through effective supervision. Over the last few years, societal workplace values have shifted, and many employees value the opportunity for professional growth and a culture of support over increases in monetary compensation. This program explores how attorneys can tap into the Kentucky Supreme Court Rules addressing supervision to not only meet one’s ethical duties while also meeting the team’s needs for professional growth and support.
Improving Lawyer Competence with a Trauma Informed Approach
Lawyers often represent or interact with individuals who have been impacted by trauma. Understanding the psychological impact of trauma—and the resulting behavioral results—can help the client and the lawyer more successfully navigate the representation. Attendees will gain practical, easy-to-implement steps for representing trauma-impacted clients competently, including techniques for communicating effectively with such clients.
It’s Time for Your Annual Check-up!
While it may take more than “an apple a day” to keep malpractice and ethical complaints at bay, LMICK has a new tool to check-up on the health of your firm. Attendees will receive an overview of the new 30-Minute Malpractice Check-Up and how to use it. This session will discuss issues related to communication (SCR 3.130(1.4)), fees (SCR 3.130(1.5, 1.15)), supervision (SCR 3.130(5.1-5.3)), and conflicts (SCR 3.30(1.7-1.11, 1.13). Attendees will gain a better understanding of these pitfalls and discuss solutions and resources for a healthier practice.
Malpractice 101: What Is It and How To Protect Yourself?
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 portion 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 half 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.
Oyez! Oyez! An Overview of the New Kentucky Rules of Appellate Procedure
Whether you routinely handle appellate cases or do so only on occasion, this session is for you! Attendees will gain an understanding of the overall changes to the appellate rules due to the adoption of the standalone Kentucky Rules of Appellate Procedure (RAP), effective January 1, 2023 (Supreme Court Order 2022-49). The session will discuss the rules and commentary provided during the Supreme Court hearing regarding RAP, to give context for the changes and provide appellate practitioners a firm foundation before tackling their next brief.
The Lawyer-Client Relationship Continuum: Determining Duties Owed After Casual Conversations
Does a casual conversation provide a solid business opportunity or a potential ethical conundrum? The lawyer-client relationship forms along a continuum, beginning with the non-client and moving to potential to prospective to current to former client. Depending on where an individual falls on this continuum, lawyers may owe certain ethical duties. At what point does a conversation at the grocery trigger the lawyer-client relationship continuum? (Hint: The answer is not the payment of fees.) How can you identify the stage of relationship development and ensure you are meeting your applicable ethical duties?
This session will provide an overview of the rules and opinions governing lawyer-client formation in Kentucky, including the recent 2022 Kentucky Bar Association Formal Ethics Opinion on Prospective Clients. The presenters will then explore real-world scenarios, identifying various stages of lawyer-client relationship development. Attendees will gain an understanding of how to navigate these encounters to ensure acceptance of only those intended clients.