Subjects by Year
2025 (28)
- A Cautionary Tale: When Expert Opinion Meets Artificial Imagination
- AI Usage Outside of Your Legal Practice to Improve Well-Being
- Authorized Intelligence: Defining AI’s Role in the Law Office
- Back to School: Tips for Busy Lawyers and Their Families to Transition Smoothly from Summer to Fall
- Beneficial Ownership Information Rule: Obligations of Lawyers to Clients and Firms
- Clients Who Need Long-Term Care: Understanding Medicaid Eligibility for Your Clients & SCR 3.130 (1.1) Competent Representation
- Corporate Transparency Act – Update, March 2, 2025
- Court Calls Beneficial Ownership Information Reporting Requirement Into Question
- Cybersecurity and Wire Fraud
- Do As I Say, Not As I Do
- Empowering Legal Teams with AI: The Essentials of Generative AI for Lawyers
- Ending Representation – What “Material Adverse Effects” Prevent Permissive Withdrawal?
- Ensure You and Your Small Business Clients are Aware of New Federal Reporting Requirements
- Facing AI Without Fear – Enlisting Help to Conquer Your AI Anxiety
- Give Generative AI a Try-What are Prompts and How to Create Them
- Guarding Client Privacy in the Age of AI
- KY Supreme Court Decision Alert: Davenport v. Kindred Hospitals Limited Partnership (2024)
- Maintaining well-being during the cold and often dreary month of February
- Mother Nature Strikes Again
- Rule 1.1, Comment (7): Competence and Mental Health
- Safeguarding Confidentiality in the Age of AI
- State Courts and the Usage of AI
- Summer Vacation – A Guide to Taking One
- The Ghosts of Clients Past – The Dangers of Financial Elder Abuse Claims Against Estate Planners
- The Power of Mental Health Breaks
- The Power of Rest in the Legal Field
- “Deskercises” and Stretches
- “May it Please the Court”: Tips for First Court Appearances
2023 (6)
2022 (12)
- An Attorney is Leaving the Firm; Now What?
- Beware of Scams
- Client Notification Requirements in the Wake of a Disaster
- Closed Client File Retention Policy: Best Practices
- Disaster Planning Series #1: Back-ups for your Who, What, When
- Disaster Planning Series #2: Checklist: Preparing Your Agreement with Your Back-Up Attorney
- Disaster Planning Series #3: Checklist: Preparing Information for Your Back-Up Attorney
- Disaster Planning Series #4: Your Client Dies During Litigation. Now What?
- Disaster Planning Series #5: Ethical Considerations and The Cloud
- New Fair Debt Collection Practices Act (FDCPA) rules effective November 30, 2021
- The Implications of Gallardo v. Marstiller
- When Does a Potential Client Become a Prospective Client?
2021 (3)
2019 (5)
- Are You Sure You Understand the Difference Between When It Is OK to "Reveal" Client Confidential Information and When It is OK to "Use" Client Confidential Information?
- SCAMS: Even Mega Law Firms Can Be Victims of Real Estate Settlement Fraud
- The Internet's Impact on Client Screening Risk Management
- The Risk of Leveraging Your Practice with Part-Time Lawyers and Office Sharing
- Your New Client Wants to Pay Your Fee by Crowdfunding on the Internet.
2018 (14)
- Are You Ready For An E-Device U.S. Border Search – AKA Digital Strip Search?
- Cryptocurrency Is Alive And Well In Kentucky
- Email Plays Significant Part in Overruling Summary Judgment in Favor of Defendant Lawyer in Malpractice Suit
- Failure to Comply with a Malpractice Insurance Policy “Claims Made” Reporting Requirement Could Cost Michigan Lawyer
- Failure to Risk Manage Spam Email Costs Firm Opportunity to Appeal Assessment of Attorney's Fees as High as $1,000,000
- How Should a Firm Manage Email Sent to the Firm for a Lawyer No Longer Associated with the Firm?
- Kentucky Supreme Court Spells Out When A Lawyer Who Is Discharged Or Withdraws From A Contingency Fee Case Is Entitled To A Quantum Merit Fee
- Pillow Talk and Client Confidentiality Are Not a Good Match
- Reasons Not to Use "cc:" "bcc:" or "reply all:" When Copying Emails to a Client
- Risk Managing Email
- Risk Managing the New Kentucky Law on Powers of Attorney – KRS 457
- Web-Bugged Emails – aka "Spymail"
- What Are a Transaction Lawyer’s Due Diligence Requirements When a Client’s Matter Raises a Suspicion of Illegality?
- What Constitutes Reasonable Diligence in Attempting to Locate a Missing Client?
2017 (12)
- Beware of Compromising Attorney-Client Privilege When Giving Mixed Business and Legal Advice
- Bizarre Billing Practice Defeats Firm’s Collection Suit for $332,569
- Debt Collections Are a Dramatically Increasing Malpractice Risk for Lawyers
- Do Your Clients’ Litigation Funding Contracts Violate Kentucky’s Champerty Prohibition?
- Failure to Inform Client of Settlement Offer Costs Lawyer $84,000 in Fees
- Keeping Up With Social Media Risk Management
- Missed Statutes of Limitation, Dog Cases, and Not Knowing What You Are Doing
- Q: What’s in a Client’s Name?
- Risk Managing Disputed Shared Fee Division
- Risk Managing the Delicate Representation of an Abused Client or One with Diminished Capacity
- Risk Managing Withdrawal for a Client’s Failure to Pay Fees
- Test Your Title Search Expertise
2016 (11)
- Officer And Director Liability For Cyber Security Attacks
- Are You Competent to Practice the New Law of Lawyer Technology Competence?
- Attorney’s Liability For Data Breaches
- Bar Association Scam Warnings
- Ethics Still Apply: Even When Your Head Is In The 'Cloud'
- In Landmark Opinion Kentucky Supreme Court Provides Limited Scope Representation Guidance
- Phishing Scams
- Risk Managing Closed And Abandoned Practices
- Scam Professional Responsibility
- Trust And Estates Now Viewed As The Riskiest Practice Area For Malpractice Claims
- What Is Your Duty To Notify Clients Of Malpractice And Other Errors? What About Insurers?
2015 (18)
- $2.5 Million Personal Injury Suit Dismissed Because Lawyer Underpaid the Filing Fee by $2.00
- 2014 ABA Fall National Legal Malpractice Conference on Business Transaction Risk Management
- Are You Competent To Accept A Matter That Will Require Extensive E-Discovery?
- Are You Ready For The Next Scam Targeting Lawyers?
- Beware of Business Client-Imposed Guidelines on Outside Counsel
- Business Transaction Lawyers Face an Increasing Risk of Malpractice Claims
- Cancer Strikes Two Lawyers and Leads to Harsh Results
- Caveat: Extending a Professional Courtesy to a Lawyer Friend Can Result in Ethics Violations and Malpractice Claims
- Deciding Whether To Use New Technology To Transmit Or Store Confidential Client Information
- Demotech, Inc. Assigns Financial Stability Rating® of A, Exceptional to Lawyers Mutual Insurance Company of Kentucky
- Do I Need To Encrypt This Email?
- Does Your Firm Have a “BYOD to Work” Risk Management Program?
- Lawyers Mutual’s Checklist for Business Transaction Risk Management
- Malpractice Risks in Client and Potential Client Referrals
- Risk Management Checklists For Maternity Leave
- The Kentucky Supreme Court Dumps the "Appearance of Impropriety" Conflict of Interest Standard
- What Do You Really Know About Social Media Professional Responsibility?
- When is LinkedIn Attorney Advertising?
2014 (13)
- An Update on the Kentucky Paralegal Association’s Certified Kentucky Paralegal Program
- Attorney-Client Relationship; Third Party Liability – Statutory Beneficiaries
- Avoid Ethics Violations in Responding to Harsh Criticism on the Social Media – If You Respond at All
- Avoiding Legal Malpractice and Bar Complaints in Family Law Cases
- Don't Let the Cloud Rain on Your Practice
- Fair Debt Collection Practices Act Malpractice Claims and the Bona Fide Error Defense
- Have you complied with SCR 3.175's new requirement on email addresses?
- Keeping Up with Lawyer Scams - Cryptolocker and Ransomware
- Kentucky Statute of Limitations for Professional Services Claims
- Letters of Engagement are a Hot Topic with Insurers and Risk Managers
- Risk Managing Advice to Clients on Social Media Matters
- Risk Managing the Aging of the Legal Profession
- The Kentucky Supreme Court Locks Down the Legal Malpractice Statute of Limitations in Abel v. Austin (411 S.W. 3d 728 (Ky, 2013)
2013 (12)
- A Letter to the Members of the Kentucky Bar Association
- Beware of the Statute of Limitations in Personal Injury Cases When the Injury Occurs Outside Kentucky
- Closing a Kentucky Law Office: A Guide for After the Death of a Kentucky Sole Practitioner
- Closing Letters: When Does A Client Become a Former Client?
- KBA Ethics Opinion E-436 Provides Updated Guidance on Retention and Disposal of Closed Client Files
- Kentucky Lawyer’s Failure to Properly Withdraw from Representation Results in Criminal Contempt Finding
- Kentucky Supreme Court in a Landmark Decision Addresses "Suit Within a Suit", Emotional Distress Claims, and Punitive Damages in Legal Malpractice Claims
- Kentucky Supreme Court Issues Firm Guidance for Lawyers Serving as Both Executor and Attorney for the Estate
- Real Estate – Title Examinations: Does Reliance on an Affidavit of Descent Properly Filed in the County Court Clerk’s Office Meet the Malpractice Standard of Care when Performing a Title Examination?
- The Kentucky Supreme Court Provides Guidance on Investigating Jurors on Social Media
- What is Your Responsibility for Loss of Client Confidentiality and Client Privacy When Your Firm Computer and Internet Devices are Hacked?
- What We Learned About Legal Malpractice in Kentucky in 25 Years
2012 (12)
- Are Arbitration Clauses in Letters of Engagement (LOE) Covering Fee Disputes and Malpractice Enforceable in Kentucky?
- Beware the Phantom Statute of Limitations in Some UM and UIM Insurance Contracts
- Carefully Risk Manage Website E-Mail From Strangers Seeking Counsel
- Carelessness with Client Files Exposes Two Law Firms to Serious Malpractice Exposure
- Do You Know the Ethics Rules for Increasing Fees During a Representation?
- Do You Know What a “Typosquatter” Is?
- Don’t Let a Title Opinion Expose You to the Risk of Becoming the Deep Pockets When the Property Is Used as Security for a Business Loan that Goes Bad
- Don’t Trip Over the Recent Kentucky Court of Appeals Interpretation of CR 8.01
- Keeping Up with the Uniformed Services Former Spouses' Protection Act (USFSPA) Is a Risk Management Must for Kentucky Lawyers Whose Practice Includes Divorce Matters
- On December 1, 2011, the 2011 Amendments to the Bankruptcy Rules of Procedure went into Effect
- Risk Managing Internet Social Network Investigations
- What Kentucky Lawyers Need to Know about the Ethics and Risk Management of Cloud Computing
2011 (12)
- Are YOU Competent in Computer-Assisted Legal Research - CALR?
- Avoiding Prospective Client Conflicts of Interest and Malpractice Claims
- Client Screening - Can you Spot an Unworthy Client?
- Documenting the File Involves Much More Than You May Think
- How Dumb Is This?: Lawyer Dumps Old Files in Dumpster and Other Dumb Stuff Lawyers Do
- Is Your Paralegal a Certified Kentucky Paralegal?
- Keeping Up With Fratzke v. Murphy: Recent Court of Appeals Case Offers Opportunity for Avoiding Malpractice When Plaintiff Lawyer Fails to Seasonably Answer Interrogatories Requesting Specification of Damages
- Lawyer Scams Continue to Plague Kentucky Lawyers
- Risk Managing Interpreters
- The Growing Threats to Client (and Firm) Data - Managing Technology to Meet the Challenges
- The Latest Scam of Special Interest to Lawyers: Client Deposits Lawyer's Trust Account By Phone Then Returns Check and Gets Wire Transfer From Lawyer
- Withdrawal Without Cause Results in Loss of Kentucky Lawyer’s Fees
2010 (12)
- ABA House of Delegates Approves New Model Rules for Client Trust Account Recordkeeping
- Avoiding Fee Disputes - When Are Advance Fees Earned?
- Client Files Cannot be Held Hostage in a Fee Dispute
- Client Files – Risk Managing Client E-Mail
- ERISA Health Plan Recovers $38,899 of Ohio Personal Injury Lawyer's Fee
- Kentucky Supreme Court Expands Malpractice Exposure for Claims by Minors
- Law Firm Breakups
- Risk Managing Aggregate Settlements
- The Amazing Client Electronic Files
- The Delicate Ethical Requirements of Representing a Person With Diminished Capacity
- The Insurance Marketplace
- The Social Media and Lawyer Risk Management
2009 (9)
- A Quick Reference Guide to the 2009 Kentucky Rules of Professional Conduct
- Avoiding Malpractice in Foreclosure Suits and Sales
- Bankruptcy – Client Trust Accounts
- Fee Disputes and Legal Malpractice
- Getting Paid in Hard Economic Times
- Hard Economic Times Mean More Malpractice Claims
- Plaintiff's Lawyers Can Be Individually Liable When Judgment or Settlement Proceeds Owed to Medicare Are Not Paid
- Risk Managing the 2009 Kentucky Rules of Professional Conduct: Writing Requirements
- The Impact of the Credit Crunch on Lawyer Risk Management
2008 (12)
- A Checklist for Avoiding Inadvertent Disclosure of Confidential Information and Privileged Communications
- Advising Small Business Service-Disabled Veterans on Federal Contracting Preferences
- Avoid Appellate Malpractice by Specifically Identifying the Issues
- Avoid Malpractice Claims and Third Party Liability by Knowing How to Resolve Disputed Claims for Client Trust Account Funds and Allegations of Improper Disbursement of Funds
- How Safe is the Bank that Holds Your Client Trust Account?
- Is There a Duty to Advise Foreign Nationals of Their Right to Consult with Their Country's Consular Mission?
- Mediation Requires All the Competence of a Trial
- Risk Managing Estate Planning More Complex Than Ever
- The "New New" Thing in Inadvertent Disclosure - Risk Managing Redaction
- The Impact of the Internet on a Lawyer's Standard of Care & Professional Responsibility – Part I
- The Impact of the Internet on a Lawyer's Standard of Care & Professional Responsibility – Part II
- Unusual Lawyer Liability Issues Reviewed at the Kentucky Justice Association's Seminar: Legal Malpractice - The Evil of Which We Do Not Speak
2007 (14)
- Avoid a Malpractice Trap When Obtaining Medical Records
- Boss Professional Responsibility
- Client Trust Account Horror Story
- Legal Malpractice in Kentucky: A 2007 Statistical Review of Kentucky Malpractice
- Maintaining Competency When Advising Servicemembers and Their Families
- Negligent Advice Malpractice Claims
- Please Release Me - A Malpractice Trap for the Unwary
- Risk Managing Conflicts of Interest when Advising the Elderly in Estate Planning
- Should You Accept Credit Cards for Fee Payments?
- Standard of Care: Expert Witnesses in Personal Injury Cases
- The Dangers of Serving As an Escrow Agent
- The Ethics of Civil Practice Investigations – Part I
- The Ethics of Civil Practice Investigations – Part II
- What Do You Do When a Joint Client Revokes a Conflict Waiver?
2006 (13)
- "A Computer Virus Ate My Billing Records" is No Defense to a Bar Complaint Over Fees
- Competence in the Law is Mandatory and the Best Risk Management
- Estate Planning Malpractice Traps
- How to Avoid Complaints and Claims in Divorce Representations by Using a Comprehensive Client Communication Plan
- Lawyer Website Disclaimers - Fact or Fiction?
- Risk Managing Senior Status Lawyers
- Taking Disputed Fees from a Client Trust Account Earns Lawyer 18 Month Suspension
- The Ethical and Malpractice Risks of Impaired Lawyers and Their Unimpaired Associates
- Tripping Up Over Pro Hac Vice Procedures
- U.S. Supreme Court Approves Amended Rules on E-Discovery
- What Do Hot Potato Clients Have in Common With Thrust Upon Clients?
- What we Have Here is a Failure to Communicate
- When is a Client Not a Client and Vice Versa?
2005 (15)
- A Checklist for Risk Managing Settlements
- BEWARE the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005
- Common Errors Disclosed in Appellate Decisions
- Common Errors That Prevent Use of an Expert Witness
- Conflict Avoidance: Top Ten List
- Dodging a Blank! Avoiding a Frivolous Malpractice Claim
- E-Discovery Risk Management is the "New New Thing"
- Family Law: Post-Divorce Risk Management
- Grabbing and Leaving - KBA Ethics Opinion 424
- IRS Standards for Lawyers Advising on Tax Shelters Clarified
- Keeping Up With the Servicemembers Civil Relief Act
- Post Conviction Motions to Vacate or Set Aside a Sentence Signal a Malpractice Claim for Ineffective Assistance of Counsel May Be on the Way
- Risk Managing Representation of Clients with IRS Problems
- Ten Technology Traps and How to Avoid Them
- Test Your Client Trust Account IQ
2004 (11)
- Avoiding Malpractice When Making Claims Against US Government Agencies
- Bank Failure Exposes Lawyer to Liability for Trust Fund Loss
- Breaching Client Confidentiality - Duh?
- Environmental Law Malpractice Warning Flags
- Getting Physical - Are You Ready for an Office Catastrophe?
- Know Your Options in Divorce: Evaluating Stock Option Marital Assets
- Lying – Untruthful Negotiations
- Service Members Civil Relief Act (SCRA) Signed Into Law
- Taking On Someone Else's Dissatisfied Client
- The Check 21 Act and Client Trust Accounts
- What Happens To Your Clients If Something Happens to You?: Checklists for Closing a Practice
2003 (8)
- Another One Bites The Dust! Civil Rule 8.01 Takes Out Plaintiffs (And Their Counsel)
- Credit Cards, Firm Trust Accounts and Thou
- Double Signature Checks Aren't What They Used to Be
- Immigration Client Information Checklist
- Mismanagement - Credit Cards, Firm Trust Accounts and Thou
- Prospective Clients, Neither Fish Nor Foul
- Risk Managing the Ethical Duty to Pay Vendors
- The Secret Life of Client Files
2002 (8)
- 2001 Malpractice Review: 2001 Federal Tax Law Shakes Up Estate Planning
- 2001 Malpractice Review: Immigration Law is the "New New" Thing in 2001
- 2001 Malpractice Review: The Hazards of Representing Older Adults
- Appealing Ethics
- Cyberspace, Malpractice, and You
- National Conference Studies Malpractice and Risk Management Trends
- Sharing Offices: The Ethical, Risk Management, and Practical Considerations
- Shredded Any Good Documents Lately?
2001 (5)
2000 (8)
- Bull Markets and Malpractice: Risk Managing Asset Evaluations
- Crossing State Lines Into the Unauthorized Practice Jungle
- Investing in Client.com
- Lead-Based Paint: HUD Issues New Lead-Based Paint Hazard Regulation
- Proving Actual Settlement Authority
- Risk Management Lessons Learned from Other Jurisdictions: Negligent Escrow Agent Referrals
- Risk Managing Limited Liability Forms of Practice
- Supreme Court Approves Limited Liability Forms of Practice for Kentucky Lawyers
1999 (11)
- Beware of the Easy Stuff, Walk Carefully through Probate
- Can We Talk? Part I
- Can We Talk? Part II
- Developing Malpractice Issues: Judgement Immunity
- Does Your Client Have Insurance For Litigation Expenses?
- Dropping a Client to Take A New Client - The Hot Potato Client
- Fair Credit Reporting Act - Consumer Report Malpractice
- Fire Insurance: Beware of the Easy Stuff, Fire Policies - Don't get burned!
- Mergers – Risk Managing a Firm Merger
- Of Counsel
- Underinsured Motorist - Avoid this Underinsured Motorist Malpractice Trap
1998 (10)
- Choosing the Right Amount of Coverage
- Confidential Settlements, Kiss and Don't Tell
- Incidents of Potential Malpractice are Not Incidental
- Judge Bashing
- L + C3 = RM2, A Formula for Malpractice Risk Management
- Movin' On, Professional Responsibility, Risk Management and Lawyer Mobility
- New Law Limits Sale of Structured Settlements
- Serving As Corporate Director
- The Advantages of Purchasing Insurance Directly From an Insurance Company
- The Perils of Splitting Fees
1997 (7)
- Barrister in a Box, Contract Lawyers in Kentucky
- Boilerplate in Wills Continues to Cause Problems
- Computer Malpractice Risks
- Golden Oldies, The Graying of Professional Responsibility
- Legal Malpractice in Kentucky: A 1996 Statistical Review of Kentucky Malpractice
- Missing Client: I Can't Find My Client!
- Weighty Mail
1996 (9)
- Client Files Part I: How Long Should You Keep Client Files?
- Client Files Part II: How to Properly Close and Destroy Client Files
- Computation of Time and Leap Year 1996
- Divorce Malpractice Style: Inadequate Advice on Financial Terms
- Insurance Defense - In Kentucky the Insured is Your Client - Not the Insurer
- Settlement Negotiations and the "Apparent Authority" Doctrine
- Structured Settlements
- Unsettling Settlements, And it's Malpractice Down the Home Stretch
- What Your Paralegal Always Wanted to Tell You But Didn't Dare Because She Needed the Job!