in this issue: lawyers helping lawyers...24 effective legal writing by donald k. kazee cover photo...

Volume 75 Number 5 September 2011

In this Issue: Lawyers Helping Lawyers

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Lawyers Helping Lawyers

8 UnwellBy Gayle B. McGrath

12 Beyond Chemical Dependency: Stress, Depression, Dementia, and the “Addictions without Substance”By Dr. Eric Y. Drogin and Dr. Curtis L. Barrett

16 ChasingBy Yvette Hourigan

21 Book Review: Point Made: How to Write Like the Nation’s Top AdvocatesBy Judith D. Fischer

22 The Law is Still Found in BooksBy Taylor Holbrook

This issue of the Kentucky BarAssociation’s Bench & Bar was published in the month of September.

Communications & Publications CommitteeFrances E. Catron, Chair, LexingtonPaul Alley, FlorenceElizabeth M. Bass, LexingtonSandra A. Bolin, BereaChristopher S. Burnside, LouisvilleJames P. Dady, BellevueAlexander F. Edmondson, CovingtonJudith D. Fischer, LouisvilleCathy W. Franck, CrestwoodWilliam R. Garmer, LexingtonP. Franklin Heaberlin, PrestonsburgJudith B. Hoge, LouisvilleBernadette Z. Leveridge, JamestownChristy J. Love, LondonTheodore T. Myre, Jr., LouisvilleEileen M. O’Brien, LexingtonRichard M. Rawdon, Jr., GeorgetownSandra J. Reeves, Corbin E.P. Barlow Ropp, GlasgowR. Kelley Rosenbaum, LexingtonCandace J. Smith, CovingtonGerald R. Toner, LouisvilleSadhna True, LexingtonKatherine Kerns Vesely, LouisvilleMichele M. Whittington, Frankfort

PublisherJohn D. Meyers

EditorFrances E. Catron

Managing EditorShannon H. Roberts

LayoutDavid Kaplan • [email protected]

The Bench & Bar (ISSN-1521-6497) ispublished bi-monthly by the Kentucky BarAssociation, 514 West Main Street, Frankfort,KY 40601-1812. Periodicals Postage paid atFrankfort, KY and additional mailing offices.

All manuscripts for publication should besent to the Managing Editor. Permission isgranted for reproduction with credit.Publication of any article or statement is notto be deemed an endorsement of the viewsexpressed therein by the Kentucky BarAssociation.

Subscription Price: $20 per year. Memberssubscription is included in annual dues and isnot less than 50% of the lowest subscriptionprice paid by subscribers. For more informa-tion, call 502-564-3795.

POSTMASTERSend address changes to:Bench & Bar514 West Main StreetFrankfort, KY 40601-1812

C O N T E N T S

Columns

3 President’s Page By Maggie Keane

7 YLS By Rebekkah Bravo Rechter

24 Effective Legal Writing By Donald K. Kazee

Cover photo by iStockphoto®

Items of Interest4 2012 Distinguished Service Award Call for Nominations

23 American Bar Association Committee Appointments 2011-2012

26 Kentucky Bar News

30 Upcoming ProBono Events

31 Kentucky Bar Foundation Salutes All Fellows

34 Who, What, When & Where

43 CLE

September 2011 Bench & Bar 3

PRESIDENT’S PAGE

By the time this article is published,those who “sat for the Bar” on July

26 and 27, 2011, will be anxiouslyawaiting word to learn if they will beadmitted to practice law in theCommonwealth of Kentucky.Surprisingly, given today’s legal market,a record number of 481 persons sat forthe July Bar exam.

As with the practice of law, the Barexam has changed over the years. Todaythe majority of applicants for the Bartake the exam utilizing computers(approximately 80% this year) ratherthan the formerly mighty pen and paper.The use of computers by Bar applicantswas first allowed in 2003, then limitedto the first 15 persons who applied touse their own laptops.

When applicants pass the Bar, theywill enjoy the once-in-a-lifetime thrill ofbeing sworn into our profession in thesplendid courtroom of the SupremeCourt of Kentucky, by a Justice fromthat Court. This year the swearing inwill take place on Oct. 21, 2011. Thehistorical oath administered to thesenew lawyers is the same as it has beensince at least 1850.

SCR 2.012 requires that anyapplicant to practice law “shall berequired to take the oath to support theConstitutions of the United States andKentucky.” However, the current oath,in place since the 1850 Constitution andmandated by Section 228 of Kentucky’spresent Constitution adopted in 1891,goes further:

. . . [A]ll members of the bar,before they enter upon thepractice of their profession,shall take the following oath or

affirmation: I do solemnlyswear (or affirm, as the casemay be) that I will support theConstitution of the UnitedStates and the Constitution ofthis Commonwealth and befaithful and true to theCommonwealth of Kentucky solong as I continue a citizenthereof, and that I will faithfullyexecute, to the best of myability, the office of [attorney]according to law; and II ddooffuurrtthheerr ssoolleemmnnllyy sswweeaarr ((oorraaffffiirrmm)) tthhaatt ssiinnccee tthhee aaddooppttiioonnooff tthhee pprreesseenntt CCoonnssttiittuuttiioonn,, II,,bbeeiinngg aa cciittiizzeenn ooff tthhiiss SSttaattee,,hhaavvee nnoott ffoouugghhtt aa dduueell wwiitthhddeeaaddllyy wweeaappoonnss wwiitthhiinn tthhiissSSttaattee nnoorr oouutt ooff iitt,, nnoorr hhaavvee II

sseenntt oorr aacccceepptteedd aa cchhaalllleennggeettoo ffiigghhtt aa dduueell wwiitthh ddeeaaddllyywweeaappoonnss,, nnoorr hhaavvee II aacctteedd aasssseeccoonndd iinn ccaarrrryyiinngg aa cchhaalllleennggee,,nnoorr aaiiddeedd oorr aassssiisstteedd aannyyppeerrssoonn tthhuuss ooffffeennddiinngg,, ssoo hheellppmmee GGoodd.. (Emphasis added).

At first hearing, an oath whichreferences dueling may seem curious.Arguing that taking an oath is a solemnoccasion and the “no-dueling” oathelicits snickers from those being swornin as well as the audience, distractingfrom the seriousness of the oath, a billwas introduced in the legislature in 2010,seeking a constitutional amendment toeliminate the “dueling” portion of theoath we lawyers take. It was also arguedthat the dueling oath only continued the

Maggie Keane

HONORING OUR PAST WHILEPREPARING FOR OUR FUTURE

On June 30 of each year, terms expirefor seven of the fourteen Bar Governorson the KBA Board of Governors. SCR3.080 provides that notice of theexpiration of the terms of the BarGovernors shall be carried in the Bench& Bar. SCR 3.080 also provides that aBoard member may serve threeconsecutive two-year terms. Re-quirements for being nominated to runfor the Board of Governors arecontained in Section 4 of the KBA By-Laws and the requirements includefiling a written petition signed by not

less than twenty (20) KBA members ingood standing who are residents of thecandidate’s Supreme Court District.Board policy provides that “No memberof the Board of Governors or InquiryCommission, nor their respective firms,shall represent an attorney in adisciplinary matter.” Any such petitionmust be received by the KBA ExecutiveDirector at the Kentucky Bar Center inFrankfort prior to close of business onthe last business day in October. Thecurrent terms of the following Boardmembers will expire on June 30, 2012:

1st DistrictJonathan Freed

Paducah 2nd District

James D. Harris, Jr.Bowling Green

3rd DistrictM. Gail Wilson

Jamestown4th District

Douglas C. BallantineLouisville

5th DistrictAnita M. Britton

Lexington

6th DistrictDavid V. KramerCrestview Hills

7th DistrictBobby RowePrestonsburg

Terms Expire on the KBA Board of Governors

4 Bench & Bar September 2011

false impression that Kentucky is“backwards.” The bill failed in thelegislature, so the lawyers’ oath remainsas it has been since at least 1850.

Considering dueling’s role in thehistory of Kentucky, perhaps this uniqueoath (whether considered quaint orarcane) is a reaffirmation of ourprofession’s goals. Historians claim thatdueling developed as a means forhonorable upper class men to resolvedisputes. Rules of dueling developed,making the events—even if deadly—gentlemanly. The Code Duello,developed by Irishmen in 1777, laiddown 26 rules of a civilized duel.

Henry Clay (1770-1852), whileknown as the Great Compromiser,fought numerous duels, including fightswith other members of the Kentuckylegislature. John Rowan (1773-1843),who built My Old Kentucky Home, laterbecame a Kentucky Court of AppealsJudge after being acquitted of themurder of his dueling opponent. Forty-one formal duels were fought byKentuckians, the first occurring in 1790and the last in 1867.1 Formal duelingwas outlawed by the Kentucky GeneralAssembly in 1799, which imposed a fine

and long disqualification from holdingpublic office. However, dueling, formaland informal (fists, knives and teeth)continued. The 1850 Constitution,seeking to stop the dueling, required thatevery elected official and member of theBar take an oath that he had not foughtin a duel, issued a challenge, or servedas a second in a duel. That oath remainsin the present Constitution, adopted in1891. The dueling stopped becausepeople (men) wanted to serve as electedofficials and lawyers and, thus, the oathseemed to have served its purpose.

Regardless of your opinion ofwhether the oath is out of date, let us allwelcome the new lawyers taking thatoath in October and let us encouragethem to honor our past and to better ourprofession by focusing on the basics:adherence to the Rule of the Law andour government of laws, not men,civility, ethics, honor, a commitment toserve others, particularly those who lackaccess to the Courts of Justice, and theresolution of disputes in a courtroomrather than dueling, albeit honorably inits day, in the town square.

On another note, thank you to thosewho attended the 2011 KBA Convention

in Lexington. Your attendance and thehard work in particular of KBAPresident Bruce Davis and theConvention Chairs, Anne Chesnut andMindy Barfield, as well as our volunteerspeakers and other conventioncommittee members and the KBA staff,made the convention a resoundingsuccess. Please mark your calendars toattend the 2012 Convention which willbe held in Louisville at The Galt HouseHotel on June 6-8, 2012. One of themost moving events of our KBAconventions is the memorial servicehonoring those of our profession whohave died since our last convention. Ifyou have never attended, it is anopportunity (too rarely taken) to honorour past—together—by celebrating thelives of those in our profession who areno longer with us.

ENDNOTE1. Dueling, in The Kentucky

Encyclopedia, 272-273 (JohnKleber ed., 3d ed 1992); J. WinstonColeman, Jr., Famous KentuckyDuels: The Story of the Code ofHonor in the Bluegrass State(Frankfort, Ky., 1953).

The Kentucky Bar Association is accepting nominations for 2012 Distinguished Judge and Lawyer, Donated LegalServices and Bruce K. Davis Bar Service Awards. Nominations must be received by December 30, 2011. If you are awareof a Kentucky judge or lawyer who has provided exceptional service in these areas, please call (502) 564-3795 to request anominating form or download it from our website at www.kybar.org by choosing “Inside KBA” and clicking on “PublicRelations – Distinguished Service Awards.”

Distinguished Judge AwardDistinguished Lawyer Award

Awards may be given to any judge or lawyer who has distinguished himself or herself through a contribution ofoutstanding service to the legal profession. The selection process places special emphasis upon community, civic and/orcharitable service, which brings honor to the profession.

Donated Legal Services AwardNominees for the Donated Legal Services Award must be members in good standing with the KBA and currently

involved in pro bono work. The selection process places special emphasis on the nature of the legal services contributedand the amount of time involved in the provision of free legal services.

Bruce K. Davis Bar Service AwardMany lawyers take time from their practices to provide personal, professional and financial support to the KBA. This

award expresses the appreciation and respect for such dedicated professional service. All members of the KBA are eligiblein any given year except for current officers and members of the Board of Governors.

Kentucky Bar Association2012 Distinguished Service Awards Call for Nominations

KBA Annual ConventionJune 6-8, 2012

Galt House Hotel

Louisville, Kentucky

2012

Photo Courtesy of Louisville Convention & Visitors Bureau

Coming Soon...


By Rebekkah Bravo Rechter, Chair, KBA Young Lawyers Section

We all know its fun to stay at theYMCA. But are you aware of the

extensive catalogue of enriching civiceducation programs that the YMCAoffers to Kentucky’s youth?

In 2000, the American BarAssociation adopted a policy thatencouraged “every lawyer to considerit part of his or her fundamentalprofessional responsibility to furtherthe public’s understanding of andconfidence in the rule of law and theAmerican system of justice.” Severalyears later, the ABA formally joinedthe YMCA’s Youth in Governmentprogram to provide local opportunitiesthat will allow lawyers to answer thiscall. Because of its long-standingdedication to civic and law-relatededucation, the Young Lawyers Sectionis proud to partner with the YMCA thisbar year.

Many of your fellow KBA memberscultivated their interest in the lawthrough participation in the YMCA’sKentucky Youth Assembly programs.The cornerstone of KYA is itsLegislative Program, which is thelargest youth legislature program in thenation. Joining other high schoolstudents from across the Commonwealthin our Frankfort Capitol, participantsserve as either representatives orsenators to debate issues of statewideimportance during a mock legislativesession. Student representatives andsenators draft bills for consideration,debate, speak on the open floor, andanswer questions from fellow delegates.Other students participate as members ofthe media corps, parliamentarians, andbill authors.

In addition to its legislative program,KYA also offers a judicial program,essentially a moot court experience.Participants are presented a file from afictitious lower court case, including acomplaint, answer, record, and trial

court order. With these materials, andthe assistance of students fromKentucky’s law schools, high schoolparticipants research the applicable lawand prepare an appellate brief. Theculmination of the program is, ofcourse, an oral argument that isconducted in the Supreme Courtchambers in Frankfort. The argumentsare presented both to a panel of studentjustices, as well as a panel of Kentuckylawyers and judges. Additionally,participants in the judicial program havethe honor of advising the attorneygeneral of the constitutionality of billspassed in the legislative program.

While fostering an interest in the ruleof law and government, the KYA alsoinstills in its participants a respect forcivic involvement and, perhaps moreimportantly, civil and respectful debate.Sam Leist, a Louisville native and KYAalum currently attending college inIndiana, recognizes that his involvementin KYA shaped his future: “KYA helpedme to define who I am. I discovered mylove of law and politics, I realized mypassion for social justice, and I wasinspired to go out into the world to helpothers.”

The Young Lawyers Section invitesyou to lend your expertise and time to

the YMCA’s KYA programs. There areseveral ways to do so. Attorneys willingto serve as judges for the KYA JudicialProgram are needed on November 21and December 5. Also, high schoolteams attending the legislative programare in need of lawyers willing toperiodically visit a team meeting andassist in their preparation. Finally,participants in all KYA programs mustpay an entrance fee, in addition totravel, housing and meal expenses whilein Frankfort. As there are schoolsthroughout the Commonwealth whosimply do not have the resources tofund interested students, we urge you toconsider sponsoring a school or studentto attend these invaluable programs.Please contact me [email protected] forfurther information.

The YMCA of the USA is guided bythe simple motto that “democracy mustbe learned by each generation.”Continuing with our public servicefocus on law-related education, theYoung Lawyers Section is pleased tooffer opportunities to educate the publicabout the judicial system and toencourage respect for the rule of law.We hope that you will join us in thisinitiative.

2011-12 YLS EXECUTIVE COMMITTEEChair: Rebekkah Bravo Rechter

Chair-Elect: Jacqueline S. WrightVice-Chair: Carl Frazier

Secretary/Treasurer: Adrienne Godfrey Thakur

First: Jackie M. “Jay” Matheny, Jr.Second: Cole Adams MaierThird: Adam ToweFourth: Eric Weihe

Fifth: Shawn D. ChapmanSixth: Matthew B. DeMarcusSeventh: Noah R. Friend

District Representatives

Roula AllouchRobert M. Croft, Jr.

Kristin LoganMary Ann Miranda

Susan C. Montalvo-Gesser

Farrah D. VaughnRachel Mulloy Brad Sayles

Rebecca R. SchaferWes Harned

Katherine PaisleyJ. Andrew JohnsonLauren M. McElroy

At-Large Representatives


by Gayle B. McGrath

Those words are the chorus to whatI consider to be my personaltheme song. I have bipolar disor-

der II, that type of bipolar disorder thatis characterized by severe depressioneither alternating with or concurrent withhypomania. The depression can be debil-itating. I know because it consumed mefor several years of my life.

In early 2006, it seemed like I hadeverything right. I was a partner in awell-respected law firm, reputed by mypeers to do good legal work and to besomeone on whom they could rely. Ihad three children — all doing well in alocal private school. I had a husbandwho had his own career. The kids wereinvolved in soccer, so I was the quintes-sential soccer mom. We went to churchas a family; we got together with ourextended families on holidays. We vaca-tioned with friends and their kids.

For a couple of years prior to 2006— actually, I don’t remember howmany — my family doctor had beentreating me for what he called milddepression, based on a couple of symp-toms I described to him. Through agrave lapse in his treatment of me, I fellinto a severe real depression.

I didn’t think of it as depression atthe time. I thought my doctor had sim-ply misprescribed my medicine and so Isought out a psychiatrist to get the med-icine right. I was sure that was all Ineeded – someone to just fix it. As itturned out, before I could see the psy-chiatrist that participated in my medicalplan, I first had to see a therapist for“intake.” Of course, I didn’t believe Ineeded therapy, and I told him so point-blank. He told me that the doctor I wasgoing to see would not treat me unless Ialso agreed to see a therapist. I didn’tknow it then, but the two-prongedapproach is the most effective in treat-ing depression, regardless of whetherit’s an element of bipolar disorder.

My psychiatrist diagnosed me with

I’m not crazy, I’m just a littleunwell.I know, right now you can’t tell,But stay a while and maybe thenyou’ll seeA different side of me.

I’m not crazy, I’m just a littleimpaired.I know, right now you don’t care.But soon enough you’re gonnathink of meAnd how I used to be ….

UnwellRob Thomas-Matchbox 20

bipolar disorder II and explained that Iprobably was genetically predisposed tothis type of mental illness. (I do have arelative who also is bipolar.) He furtherexplained that the misdiagnosis ofdepression by my family doctor and theadministration of an antidepressant, cou-pled with an incorrect change to a newantidepressant, triggered my fall into themore severe depression that I was experi-encing, along with my untreatedhypomania. He started me on a cocktailof medications that would treat both mydepression and the hypomania I wasexperiencing. My family doctor neverasked me about the things that turned outto be my symptoms of hypomania: racingthoughts, needing little or no sleep, fastspeech, rage. By the time I saw my psy-chiatrist, though, I had done someresearch and suspected that I was bipolar.What I read, however, did not give evena hint of what I was going to experience.

I had all of the classic signs of attor-ney impairment. I had trouble at work. Istopped returning phone calls or I justdidn’t answer the phone. Clients wouldcall my managing partner to complainthat their work wasn’t getting done. Ifmy managing partner asked me about aclient’s complaint, I would go into a fitof rage and swear at him with every foulword I could muster.

I didn’t open mail or e-mails. I wasgetting into work around 11:00 a.m.because I wasn’t able to get out of bedin the morning. Of course, by then, thevoice mail was full and the phone mes-sages that weren’t in voice mail hadpiled up. I was so overwhelmed by anyslightest demand, I would shut down.

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At noon, I went to lunch for a coupleof hours and then came back to workand stared out the window, unable toconcentrate. At the end of the day, usu-ally around 7:00 p.m. because I justdidn’t have the spirit to get out of mychair, I stared down at my blank timesheet and tried to recall if there wasanything that I had done that day.

The life blood of my law firm, likemany, is the billable hour. My billablehours were horrible. Of course, thatinvited comment from the firm’s man-agement. The stress of not generatingbillable hours and the feelings ofdepression fed off of each other. Man-agement and I decided I should take aleave of absence and “get myselftogether.” I took off four weeks andstarted to feel better, so I went back towork. However, as soon as I was back,the depressive behavior returned. Imade mistakes in my work. I said thingsin client meetings I don’t remembersaying and that, according to my part-ners, didn’t make sense. I got confusedas to the year in a meeting with a clientand consistently referred to an earlieryear in our discussions. When I had acomplete breakdown in the parkinggarage of my office, managementdecided that I should, once again, take aleave of absence. I was told that thiswould be the last leave I could take.

Of course, my return from my secondleave turned out to be just like the first.Most of the clients for whom I workedno longer wanted me to work on theirfiles. I became even more depressed andmore dysfunctional. My managing part-ner called my husband every timesomething bad happened to me at workto warn him that he needed to watchme. I’m sure that my managing partnerwas convinced that I was headed towardsuicide because I was in such a down-ward spiral.

The breaking point came in August2008 when I was helping the partnerwith whom I had worked from the firstday at my firm. We were close andcomplimented each other’s strengths.He had asked me to review some rul-ings that applied to ESOPs and gave mea list of the citations for the rulings. Iwas reputed in the law firm for myknowledge of ESOPs and so the issue

he described was perfectly clear to me. Iset out reading the rulings and calledhim at the end of the day. As I started todiscuss what I found, he said, “Gayle,what are you talking about? Thosearen’t the rulings I gave you. They don’thave anything to do with the issue wediscussed. Weren’t you listening? Youneed to get hold of yourself.” Somehow,and I cannot even begin to discern how,I pulled the wrong rulings — eventhough I had his list – and spent theentire day reading them. I broke downsobbing and despite my colleague’s urg-ings to the contrary, I advised mymanaging partner that afternoon that Iwanted to withdraw from the law firm.

The blackness of depression Iendured for those two years is indescrib-able. I had a constant dull pain in mychest. I dragged along when I walked,moving in slow motion. I couldn’tremember words and forgot things thatpeople told me. I talked softly, which forme, was not “normal.” I couldn’t makethe simplest decision. I had no affect,never smiled or even grinned, had nointerest in anything and looked deathlyill. I sat at soccer games and never onceclapped for a goal or a good save. I hitsix cars because I wasn’t aware of whatwas around me. I cried. Over the courseof the two years I fought to keep practic-ing law, I lost nearly 100 pounds.Friends were convinced that I was with-

drawn and “out of it” because I washeavily drugged, even though I take thesame drugs today. My feelings ofdespair and helplessness and emptinessand fatigue and sadness and worthless-ness were profound and hurt badly. Eventhough I was regularly going to therapy,I just didn’t see where I could ever bebetter again. Thus, I was convinced theonly way to escape those dark, debilitat-ing feelings was suicide. All I reallywanted was to be dead. If I could die, Icould escape the feelings and the pain. Iobsessed about suicide. I had a planright down to the detail of who wouldfind me after I died and I had everythingI needed to carry out my plan.

There has been a great deal of atten-tion given to the impairments sufferedby attorneys who abuse alcohol ordrugs. In fact, to maintain my Ohiolicense, I must take substance abuseeducation every 24 months. Equal atten-tion is not given to depression andmental illness. Education about mentalillness suffered by lawyers won’t satisfyOhio’s substance abuse requirement,even though impairment is just as likelyto result.

According to a study conducted byJohns Hopkins University in 1990i,attorneys are almost four times morelikely to suffer major depression thanthose in any of the other 103 occupa-tions examined in the study. The authors


suggested that at least three of the 104occupations, including practicing law,should be examined for the extent towhich their environment is conducive todepression. They went on to say:

Sound familiar? As has been sug-gested, those attributes that drew us intothe legal profession are the same attrib-utes that can make us susceptible todepression.

As my story demonstrates, depres-sion can cause an attorney to be just asimpaired as can substance abuse – workignored, phone calls not returned, lessand less time at the office. The differ-ence is many attorneys (not all) aremore aware of and willing to admit thatthey have a substance abuse problem(which may or may not be a form ofself-medicating the depression); not asmany are willing to admit that they aredepressed – that they suffer from a men-

tal illness. Mentally ill people are crazy– right? Depression is a sign of weak-ness – right? A depressed person shouldbe able to just “snap out of it” with amore positive attitude – right? Thosestatements are wrong. I thought ofmyself as weak because I couldn’timmediately overcome the grip thedepression had on me. I could not justsnap out of it.

Acceptance of the mental illness isn’tthe only hurdle. Having decided to takecontrol of my mental health, I now mustdecide how much to reveal about mymental illness. For many, the stigmaattached to mental illness is too much toaccept. It’s scary, but worrying thatsomeone might find out is no reason tonot get help.

As my theme song says, “I’m notcrazy. I’m just a little impaired.”Depression, with or without bipolar dis-order, is an imbalance of the chemicalsin the brain. Too much of this. Too littleof that. Medicine can bring the chemi-cals back into balance. Therapy can helpthe ill person learn how to manage theillness with approaches such as cogni-tive behavioral therapy (which I believe

is just the right thing for an attorneybecause it’s all about how to approach asituation). Personally, I’m rebounding. Idon’t think about suicide anymore.Since I began treatment, I’ve had onlytwo outbursts of rage. I’m happier. I’mlearning how to approach situations.Miraculously, I’m able to confront thestresses brought on by my three chil-dren, ages 16, 18 and 21. That is a feat.

If you recognize some or all of thesymptoms of depression I’ve described,either in yourself or one of your col-leagues, it may be depression. Just asthe Kentucky Lawyers Assistance Pro-gram can assist in substance abusesituations that may lead to impairment,it can assist attorneys, judges and lawstudents in getting help to deal withdepression, to escape the impairment itimposes on an attorney’s practice, ajudge’s court or a student’s studies. Thehelp KYLAP provides is completelyconfidential. To get assistance, call(502) 564-3795.

ENDNOTES1. Occupations and the Prevalence of

Major Depressive Order, WilliamW. Eaton, PhD, James C. Anthony,PhD, and Roberta Garrison, MA,Journal of Occupational Medicine,1990 Nov;32(11):1079-87 (“JohnsHopkins Study”).

2. Johns Hopkins Study at 1086, quot-ing Mechanic D, MedicalSociology, A Comprehensive Text,ed.2 New York, NY:The FreePress; 1978:231.

The major theory to explain whyoccupations may cause depression isstress—the discrepancy between thedemands of a situation and the capac-ity of the individual or group to dealwith it comfortably.2

Gayle McGrathpracticedemployee bene-fits law for 22years before sheleft her lawfirm. Followingher departure,McGrath first

took the time she needed to take toget her bipolar manageable. She iscurrently pursuing a master’s degreein human resources. McGrath alsosubstitute teaches at the school herchildren attended, and contributesto a blog entitled “FollowingParkinson’s.”

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by Dr. Eric Y. Drogin and Dr. Curtis L. Barrett

“And in the end, it’s not the years inyour life that count. It’s the life in youryears.” — Abraham Lincoln

F or decades, the primary focus oflawyer assistance programs waschemical dependency1 – in partic-

ular, alcoholism. It was a perfectlyappropriate place to start. To questionthe urgency of that mission wouldreflect a profound ignorance of thedreadful toll occasioned by this disease,in the law2 and in each and every one ofits sister professions3.

Soon, however, it became apparent tothese programs that there was more tolawyer impairment than those problemsattributable to the ingestion of alcoholand other psychoactive substances. Itwas time to branch out — supported bythe appropriate interdisciplinary expert-ise — into other lifestyle issues anddisease processes that might affect alawyer’s “mental state, condition, orimpairment.”4

StressShould we really expect the practice

of law to be a stress-free experience?This is, after all, an adversarial system,in which one side typically strives withall the resources at its disposal to poundthe other into submission. Despiteencouraging developments in “collabo-rative law” and “alternative disputeresolution,” this remains the most com-mon means by which the business oflawyering is accomplished. Do any of

our clients really expect anything lesswhen it comes to zealous advocacy ontheir behalf?

One influential critic described thecumulative effect of this system uponthe practicing lawyer as follows:

Mental health professionals have longbeen aware of this phenomenon, extend-ing the notion of “litigation stress” or“litigation neurosis”6 from plaintiffs anddefendants to the lawyers themselves, andadding it to a broader category of “crito-genic harms”7 to which every participantin civil and criminal cases may eventuallybecome prey. This does not mean, how-ever, that behavioral scientists view stressas a universally negative experience –particularly for those with complex tasksto perform. For example, the time-hon-ored “Yerkes-Dodson Law” establishesthat a moderate degree of stress is a keyfactor in professional productivity.8 Emi-nent psychiatrist Joel Elkes is wont todescribe life itself as a pathogen, notingthat after all “we die of living,” and thatdoctors must take all aspects of thepatient’s personal environment intoaccount in pursuit of “a truly comprehen-sive psychiatry of the future.”9

When it appears that stress is exceed-

But they feel it. The humans insidethe lawyers. Slowly but inexorablytwisted by the adversarial life,parched by the barren legal land-scape, drained by failed expectationsall around. Carrying on, but carryingwith them a dull, relentless ache. Somany on the verge of sitting down,curling up, and collapsing in onthemselves.5

ing tolerable boundaries, we can relyupon various strategies that include thefollowing:

(1) remember who you are and staytrue to your best qualities;

(2) be careful with whom you dobusiness;

(3) find and use mentors;(4) do not “bite off more than you can

chew;”(5) learn to say “no;”(6) do what you love, and take time

out for you; and(7) consult your lawyers assistance

program when problems threatento become overwhelming.10

DepressionWe have read with appreciation – and

gratitude — the article in this issue(“Unwell”) by our colleague Gayle B.McGrath, who gets right to the heart ofthe matter in stating that “depressioncan be debilitating.” This is a notion thatmany persons, laypersons and cliniciansalike, may fail to grasp, due to the mis-conception that this condition representsmerely the state of being “sad” or“unhappy,” without the depressed per-son taking the simple step of realizingthe limitations of everyday life and try-ing to make the best of them.

In its severest manifestations, depres-sion can be every bit as incapacitatingas such psychotic disorders as Schizo-phrenia and Schizoaffective Disorder,rendering its victims unable to respondto life’s most basic demands. In addi-tion, “about two thirds of all depressedpatients contemplate suicide, and 10 to15 percent commit suicide.”11 Depres-sion is both cognitively and biologicallybased, leaving its sufferers in need of farmore than just an “attitude adjustment.”

A recent bar journal article recountsnot only the basic symptoms of depres-sion, but also their specific ramificationsfor legal practitioners:

(1) depressed mood the majority ofthe time;

(2) loss of interest in pleasure(lawyers may lose interest in mak-ing the effort needed to markettheir practices);



(3) significant weight loss or weightgain;

(4) significant increase or decrease insleep;

(5) psychomotor agitation or retarda-tion (for example, an attorneyunable to sit still during an indi-vidual meeting with a client, or ajudge unable to express normalfacial expressions and gesticula-tions during a court proceeding);

(6) fatigue (judges or lawyers lackingthe motivation to get out of bed todeal with a normal work day);

(7) feelings of worthlessness orexcessive guilt (attempts to sub-due these feelings often take theform of excessive drinking, druguse, or other types of addictions,especially in attorneys);

(8) diminished ability to think or con-centrate (judges and lawyers alikemay notice difficulty in their abil-ity to concentrate on their currentcases, clients, or research); and

(9) recurrent thoughts of death or sui-cide.12

Yes, the subject matter of whatlawyers encounter in day-to-day prac-tice may be inherently depressing innature, and no one likes to lose; how-ever, while the plights of clients andthe frustration of career setbacks mayexacerbate depression, these should notbe confused for depression itself. Thisis a bona fide medical condition requir-ing specialized clinical care — not asituation calling for counsel merely to“snap out of it.” In particular, whenthoughts of suicide surface, one shouldseek immediate emergency assistance.

DementiaDementia involves “a generalized,

pervasive deterioration of cognitivefunctions, such as memory, language,and executive functions, due to any ofvarious causes.”13 It does not requirean expert in courtroom procedure toperceive how this condition can inter-fere with the practice of law.

Although dementia is commonlymisunderstood to be an inevitablebyproduct of aging, it is in fact a sepa-rate disease process that – while oftenassociated with persons of advancedyears – is actually attributable to any of

a number of such factors as genetic pre-disposition, cerebrovascular accidents,or chronic substance abuse.14

Some attorneys afflicted with dementiaare capable of recognizing and acknowl-edging its symptoms, and still possess theinsight to wind down their practicesaccordingly. This is particularly true incases where the disability in question isthe result of a series of strokes that haveled to a “multi-infarct” or “vascular”dementia. More insidious – and often lesslikely to be recognized and admitted bythe patient – may be those cases in whichthere is an “Alzheimer’s type” dementiabrought about by less transparent causes.15

We once participated as forensicevaluators in a guardianship case inwhich the examinee was a well-regarded attorney who had enjoyedseveral decades of successful practice.Counsel greeted the evaluators in hisroom at a long-term nursing care facil-ity, referring to this space as his“office.” His license still hung on thewall, and on the shelf next to his bedwere a few superseded legal textbooks.

It soon became apparent that counselwas convinced – despite our lengthyintroductory explanations to the con-trary – that we were visiting in order tobe interviewed by him, for employmentas lawyers in a firm that had been dis-solved many years earlier.

Careful estate planning and well-doc-umented, peer-reviewed plans forpractice succession are critical preventivemeasures against the potential for eithergradual or sudden onset of dementia.Should an evaluation prove necessary fora partner, associate, or other attorney col-league, a properly conducted clinicalexamination will focus upon the potentialpresence of the following:

(1) short-term memory loss;(2) communication problems;(3) comprehension problems;(4) lack of mental flexibility; (5) calculation problems;(6) disorientation;(7) significant emotional distress;(8) delusions; and(9) hallucinations.16


“Addictions without Substance”This term was coined to identify

those disorders that constitute behav-ioral addictions separate from chemicaldependency.17 Compulsive gambling,sexual addiction, and other conditionsfit within this description.18 As notedin a recent book chapter from a med-ical text devoted to both“psychological and psychiatric per-spectives” on a range of legallyrelevant topics:

Such addictions can rob attorneys oftheir time, their finances, their physicaland mental health, and ultimately theirlaw practices. They are harder forlaypersons and clinicians alike to recog-nize, due to what is typically an initiallack of physical sequelae or overt psy-chological symptoms.

These conditions are at least asresistant to treatment as any other formof addiction,20 complicated by the factthat they tend to spring from what atless intrusive levels are often seen associally acceptable – and, in the case ofgambling, sometimes state-subsidized –forms of behavior.

In addition to the support offered bythe Kentucky Lawyers Assistance Pro-gram, additional local resources includethe Kentucky Council on Problem Gam-bling (www.kycpg.org, or800-GAMBLER).

ConclusionState bar associations nationwide

have expanded in scope to address thefull range of behaviorally-related prob-lems that afflict their constituents.Based upon our personal observationsover the course of the last threedecades, the Kentucky Lawyers Assis-tance Program has consistently been inthe forefront of these innovations. Weare immensely proud to be associatedwith these efforts and excited to seehow future services to the legal profes-sion will be developed.

Please keep sight of the fact thatwhatever problems you may be facing,there are experienced and empathic col-leagues who are ready and willing tosteer you toward the appropriate sup-port.

ENDNOTES1. Janice Selberg, Reading Guide to

Issues in Lawyer Assistance Pro-grams, 87 MICH. B.J. 50 (2008).

2. Nathaniel S. Currall, The Cirrhosisof the Legal Profession – Alco-holism as an Ethical Violation orDisease Within the Profession, 12GEO. J. LEGAL ETHICS 739 (1999).

3. See SARAH ALLEN BENTON, UNDER-STANDING THE HIGH-FUNCTIONING

ALCOHOLIC: PROFESSIONAL VIEWS

AND PERSONAL INSIGHTS (2009);LECLAIR BISSELL AND PAUL W.HABERMAN, ALCOHOLISM IN THE

PROFESSIONS (1984); Peter A. Man-sky, Issues in the Recovery ofPhysicians from AddictiveIllnesses, 70 PSYCHIATRIC Q. 107(1999); DAVID F. O’CONNELL &DEBORAH BEVVINO, MANAGING

YOUR RECOVERY FROM ADDICTION:A GUIDE FOR EXECUTIVES, SENIOR

MANAGERS, AND OTHER PROFES-SIONALS (2007).

4. Jane H. Herrick, Misconduct, Men-tal State, and Mitigation: TheDeveloping of Mental State, Condi-tion, or Impairment in KentuckyLawyer Discipline, 6 APPALACHIAN

J.L. 31 (2006).5. JOSEPH MATTHEWS, THE LAWYER

WHO BLEW UP HIS DESK AND

OTHER TALES OF LEGAL MADNESS x(1998).

6. Anne-Francoise Allaz et al., Use ofthe Label “Litigation Neurosis” inPatients with Somatoform PainDisorder, 20 GEN. HOSP. PSYCHIA-TRY 91 (1998); SARAH C. CHARLES

& PAUL R. FRISCH, ADVERSE

EVENTS, STRESS, AND LITIGATION

(2005); JOHN M. JAMES & W.EDWARD DAVIS, PHYSICIANS’ SUR-VIVAL GUIDE TO LITIGATION STRESS

(2006).7. Thomas G. Gutheil et al., Prevent-

ing “Critogenic” Harms:Minimizing Emotional Injury fromCivil Litigation, 28 J. PSYCHIATRY

& L. 5 (2000).8. Yaniv Hanoch & Oliver Vitouch,

When Less is More: Information,Emotional Arousal and the Ecolog-ical Reframing of the

While substance dependenceinvolves the effect of an externallyintroduced chemical agent, theAddictions without Substance reflectthe effect of such natural stimuli asthe action associated with wageringor the release of endorphins trig-gered by sexual activity.Psychopharmacology is among themost relevant areas of expertise inthe former situation, while learningtheory is among the most relevantareas of expertise in the latter. At thepresent time, clinical lore and scien-tific findings on the Addictionswithout Substance are in relativeinfancy when compared with those ofalcohol and other substance abuse.Practitioners who conduct forensicassessment of addictions will do wellto keep a weather eye out for thisevidence.19

Eric Y. Droginreceived his J.D.degree from Vil-lanovaUniversity andhis Ph.D. inclinical psychol-ogy fromHahnemann

University upon completing a doc-toral dissertation that addressedpsychological consultation to thelegal profession. Licensed both asan attorney and as a psychologist,Dr. Drogin currently serves as a vol-unteer counselor for the KentuckyLawyers Assistance Program. Hisother professional roles includechair of the ABA’s Section of Sci-ence & Technology Law, chair of theABA’s Behavioral & NeuroscienceLaw Committee, and editor-in-chiefof the Journal of Psychiatry & Law.He previously served as president ofthe American Board of ForensicPsychology. Dr. Drogin serves on thefaculties of the Harvard MedicalSchool, the Harvard Longwood Psy-chiatry Residency Training Program,the University of New HampshireSchool of Law, and the University ofWales (Prifysgol Aberystwyth). Hismultidisciplinary practice encom-passes mental health law, expertwitness testimony, and trial consul-tation.

Yerkes-Dodson Law, 14 THEORY &PSYCHOL. 427 (2004).

9. Joel Elkes, Towards Footings of aScience: Personal Beginnings inPsychopharmacology in the Fortiesand Fifties, in THE RISE OF PSY-CHOPHARMACOLOGY AND THE STORY

OF CINP 15, 25 (Thomas A. Ban,David Healy, & Edward Shortereds., 1998).

10. Marianne M. Guelker, Stress Man-agement for New Lawyers, Or “YouCan Do It!,” 21 UTAH B.J. 32(2008).

11. BENJAMIN J. SADOCK ET AL., SYNOP-SIS OF PSYCHIATRY 543 (10th ed.2007).

12. Richard J. Kay & Nathan M. Com-erford, Help Me, I’m Depressed: ALook at the Definition of Depres-

sion and Resistance to Treatmentamong Lawyers and Judges, 88MICH. B.J. 54 (2009).

13. APA DICTIONARY OF PSYCHOLOGY

266 (Gary VandenBos ed., 2007).14. AMERICAN PSYCHIATRIC ASSOCIA-

TION, DIAGNOSTIC AND STATISTICAL

MANUAL OF MENTAL DISORDERS

147-71 (4th rev. ed. 2000).15. See Martin Kockler & Reinhard

Hein, The Factor Structure in theCognitive Battery of the StructuredInterview for the Diagnosis ofDementia of the Alzheimer’s Type,Multi-Infarct Dementia, andDementias of other Etiology, 13INT’L PSYCHOGERIATRICS 311(2001).

16. ERIC Y. DROGIN & CURTIS L. BAR-RETT, EVALUATION FOR

GUARDIANSHIP 80-82 (2010). Seealso AMERICAN BAR ASSOCIATION

COMMISSION ON LAW AND AGING &AMERICAN PSYCHOLOGICAL ASSOCI-ATION, ASSESSMENT OF OLDER

ADULTS WITH DIMINISHED CAPAC-ITY: A HANDBOOK FOR LAWYERS

(2005). 17. See Curtis L. Barrett & Eric Y.

Drogin, Gambling, PathologicalAddiction without Substance, in 4ENCYCLOPEDIA OF CRIMINOLOGY

AND DEVIANT BEHAVIOR 344(Charles E. Faupel & Paul M.Roman eds., 2000).

18. Eric Y. Drogin, Lawyers at Risk:Addressing the Problem, BENCH &B., Jul. 2006, at 30.

19. Curtis L. Barrett & Richard F.Limoges, Addictions, in HANDBOOK

OF FORENSIC ASSESSMENT: PSYCHO-LOGICAL AND PSYCHIATRIC

PERSPECTIVES 255, 265 (Eric Y.Drogin, Frank M. Dattilio, RobertL. Sadoff, & Thomas G. Gutheileds., 2011).

20. See Alexandra Katehakis, AffectiveNeuroscience and the Treatment ofSexual Addiction, 16 SEXUAL

ADDICTION & COMPULSIVITY 1(2009); Einat Peles, ShaulSchreiber, & Miriam Adelson,Pathological Gambling and Obses-sive Compulsive Disorder amongMethadone Maintenance TreatmentPatients, 28 J. ADDICTIVE DISEASES

199 (2009).


Curtis L. Barrettis a fellow of theAmericanPsychologicalAssociation, afellow of theAmerican Acad-emy of ForensicPsychology, and

a founding fellow of the Academy ofCognitive Therapy. He serves on thefaculty of the University ofLouisville School of Medicine as aprofessor emeritus of Psychiatry andBehavioral Sciences. Dr. Barrettreceived his dual B.A. degree innaval science and psychology fromPurdue University, and his M.A.degree in experimental psychologyas well as his Ph.D. degree in clini-cal psychology from the Universityof Louisville. He is co-author ofWinners! The Story of Alcohol andDrug-Abuse Programs in the HorseRacing Industry and Evaluation forGuardianship (in the Oxford Univer-sity Press “Best Practices forMental Health Assessments”series). He maintains a nationalconsulting practice that focuses onorganizational and programmaticapproaches to the evaluation andtreatment of addictive and otherbehavioral disorders and he is a fre-quent lecturer at national andinternational conferences.


by Yvette Hourigan, directorThe Kentucky Lawyer Assistance Program

“They tried to make me go to rehab,but I said ‘no, no, no’”

— Rehab, Amy Winehouse, © 2006

A t the time of writing this article,Amy Winehouse, age 27, hasjust been found dead in her Lon-

don apartment, almost certainly as aresult of her drug and alcohol addic-tion. I’m hesitant to call this an“overdose” since there is as yet no evi-dence of that, absent a toxicologyreport; and also because it’s not just anoverdose that will take the life of theaddict. And besides, “overdose” justsounds so seedy, doesn’t it? I mean theonly people who really die of addic-tion are rock stars, or those skid rowbums who live under the bridge, orthose guys who use I.V. needles andscary drugs like heroin, right? And“nice people” (like us lawyers) havespent years learning how to handle ourliquor and we don’t do “hard” drugsanyway, right? Wrong.

What is true is that only about 5%of alcoholics or drug addicts are skidrow bums. It is far more common andlikely that the cause of death for thosewho abuse alcohol and drugs will beheart attack or stroke related to yearsof abuse. Or chronic pancreatitis orcirrhosis. Or from a car wreck causedby an intoxicated soccer mom.1

Sounds a bit closer to home, doesn’tit? Suicide is another common form ofdeath among addicts and alcoholics, in

particular those who also suffer withother mental health issues. Kentuckylawyers lose at least one of their mem-bers each year to this tragic andunbearable end.

Let me give you just a few statisticsthat staggered me the first time I heardthem. About 7 to 10 % of the generalpopulation may be classified as addictedor alcoholic; between 18 and 24% oflawyers fall into one of those categories.Of 104 professions surveyed in 1990 byJohns Hopkins University, researchersfound that lawyers were the most likelyprofessionals to suffer from depression.Lawyers suffered from depression at arate 3.6 times higher than non-lawyerswho shared the same socio-demographictraits.2 Our rate of depression wasalmost four times higher than the pro-fession in the number two spot! Aresearch study of 801 lawyers in thestate of Washington found that 19% suf-fered from depression. 3

“What a tragic waste of a life” is thecomment I hear repeatedly from family,friends and strangers commenting onAmy Winehouse’s death. It is true. Alife — any life — lost to alcohol, drugsor other mental health issues, is atragedy. Every year in Kentucky alonewe lose some of our professional broth-ers and sisters to drugs, alcohol or othermental health issues. And sadly, it is aloss that is almost completely preventa-ble. In this country — no let’s bring itcloser — in your state, in your city, inyour firm, in your law office, and inparticular, in your profession — there isabsolutely no reason to continue to suf-fer — no need to let your life be taken

by the disease of addiction or othermental health issues.

The purpose of this article, andindeed, this edition of the Bench & Bar,is to focus attention on the resourcesand help available. I am so grateful thatI have this opportunity to reach out toyou individually — wherever you arereading this — to let you know thatthere is help for whatever addiction oraffliction may be impacting a friend’s oryour life, your practice, or your health.If the resource that is KYLAP (the Ken-tucky Lawyer Assistance Program) isused by the lawyer in distress, and youaccept the help that we offer to you or towhich we direct you, I promise that yourlife will improve.

WHY ME?So why are lawyers at such high risk

for addiction and depression? Ego,which can motivate and propel us pro-fessionally, is part of the problem. Itseems our very method of thinking pre-disposes us to the issues that often leadto depression, alcohol and drug abuse.We’re problem-solvers. We’re “fixers.”People pay us to sort out their lives.Surely we can take care of ourselves.Surely, if there were a problem, wecould handle it. But lawyers, as withother professional care-givers such asdoctors, dentists and nurses, share acommon problem: we give great care toothers, but we’re terrible self-careproviders.

In addition, our profession demandsthat we develop skills in communica-tion, persuasion, creativity andconsistency. We learn to exhibit a pro-fessional demeanor and to hide our ownalarm, fear, disgust, abhorrence andboredom as we conduct our professionallives.4 Personality characteristics oftenassociated with lawyers, such as perfec-tionism and competitiveness, whencombined with depression, may be con-tributing to a higher suicide rate in thelegal profession, experts say.5 It’s nosecret that the legal profession attractsperfectionists and rewards perfection-ism. Perfectionism drives us to excel incollege, in law school and on the job.But perfectionism has a dark side: it can



produce “a chronic feeling that nothingis good enough.”6 Because we expectperfection from ourselves and our col-leagues, we are reluctant toacknowledge our susceptibility tohuman failings. As a result, treatment isdelayed or even refused.

Lanny Berman, executive director ofthe American Association of Suicidol-ogy, a group devoted to suicideprevention, says risk factors for suicideinclude depression, anxiety, substanceabuse, suicidal ideation, divorce andstress. Lawyers experience many ofthese risk factors at higher rates than thegeneral population, he concludes. Per-sonality traits of perfectionism andcompetitiveness also make a personconsidering suicide less likely to seekhelp.7

Further, most lawyers are subjectedto significant stress in their day-to-daypractice. Some of us thrive on it. Someof us hate it. Some of us are injured byit. Increased stress is directly linked topoor health and general unhappiness.Perfectionism, discussed above, raiseslevels of the stress hormone cortisol,and chronically high levels of cortisollead to various health problems, includ-ing depression.8 Essentially, too muchstress causes depression.9

Unfortunately, not only are perfec-tionists more vulnerable to depressionand anxiety, a Utah study showed thatthese individuals are harder to treatwith either therapy or drugs and aremuch more likely to commit suicidewhen things go very wrong.10 Onestudy found that lawyers are at a muchgreater risk because they are morelikely to act on their suicidal thoughtsand more likely to succeed. Suicideranks among the leading causes of pre-mature death among lawyers.11 A 1992annual report of the National Instituteof Occupational Safety and Healthreported that male lawyers are twice aslikely as the general population to com-mit suicide.12

The Utah study cited also revealedthat lawyers are often pessimists. Whilethe prevalence of pessimism amonglawyers is less intuitive than the preva-lence of perfectionism, it is neverthelesssignificant.13 As the Johns Hopkinsstudy found, in all graduate-school pro-

grams in all professional fields, exceptone, optimists outperform pessimists.The one exception? You guessed it: lawschool.14 If you think about it, pes-simism helps us as attorneys excel: itmakes us skeptical of what our clients,our witnesses, opposing counsel, andjudges tell us. It helps us to anticipatethe worst, and thus prepare for it.Unfortunately, pessimism, like stress, isbad for your health: it leads to stressand disillusionment, which makes usvulnerable to depression.15

Are you alarmed, yet?

AM I DOOMED?The answer is “No.” Believe it or

not, this is an article of HOPE! Myadvice in helping you address mentalhealth and addiction issues is simple:Don’t Quit. Keep trying. NOBODY isbeyond help, and death is completelypreventable, until it’s not.

Many people who need help won’task for it. And many who want helpwon’t do what is necessary to get it.There’s an old adage in the rooms of

12-step recovery programs: “Recoveryis not for those who need it, it’s forthose who want it.” I agree with thatinsofar as it goes, but I have to addanother qualifier: “Recovery is forthose who DO it.” Yes, it’s work. Butso is staying drunk or high or trying tofigure out how to “fix” your escrowaccount because you just lost a bundleat the race track.

Anyone who has danced the addic-tion dance knows how much work it canbe to nurture your addiction. I call it“chasing.” Chasing the drink. Chasingthe drug. Chasing the high. Chasing thewin. It’s all dreadfully labor-intensive.And no matter how much work myrecovery takes, it’s less work than Ispent chasing. And the end result is everso much nicer.

For many of you, the addiction willnot even be your own, but will be that ofsomeone you care about. The “how” and“when” of approaching someone youlove on this topic is daunting to many.You’re terrified even to let a third party,such as KYLAP, become involved to


approach the issue independently withyour friend for fear of being “found out”as the one who “told on them.” Sounds alot like third grade doesn’t it? But that’show many of us respond to the possibil-ity of addressing the issue of a friend orloved one being in trouble with drugs,alcohol or a mental illness. We opt forthe “head in the sand” approach. Andwhile the truth sometimes hurts, it’s notas scary as pretending nothing’s wrongand watching the addiction take over.Frankly, there’s nothing less noble –either in one’s personal or professionallife – than doing nothing while watchinga friend or colleague who is suffering.

ADDICTION AS DISEASEThere is considerable evidence that

all addictions are the result of biochemi-cal processes in the body. It appears thatpeople who are predisposed to addictionmetabolize alcohol and other drugs(including the adrenaline produced bygambling wins or losses) differentlyfrom the rest of the population. “Thedebate about the causes of substancedependence range from biological andgenetic factors, learning factors, cogni-tive factors, to social factors.”16 Moststate bar associations recognize the“treatable disease” model of alcoholism,which is the current consensus of themedical community. The disease modelholds that alcoholics are essentially dif-ferent from non-alcoholics, sincealcoholics experience an irresistiblephysical craving for alcohol, a loss ofcontrol and a progressive physicaldependence upon alcohol. “Since eventhe consumption of a small amount ofalcohol is enough to compel an alco-holic to continue drinking, completeabstinence is the only way in whichalcoholics can be treated.”17

The American Medical Association(AMA) and the American PsychologicalAssociation, (APA), classify addictionto alcohol and other drugs a primarydisease. This has been so since 1956(AMA) and 1960 (APA). Addictionqualifies as a primary disease because itmeets the following criteria:

1. Primary: The illness exists in andof itself. (Addiction is secondary only toaddiction but may manifest in additionto other illnesses).

2. Chronic: It does not go away, fixitself, or spontaneously remit. There isno cure.

3. Progressive: Worsens over time.4. Symptomatic: Can be diagnosed

through careful attention to the ways itmanifests in a person’s behavior orlifestyle.

5. Fatal: If left untreated.18

The disease concept of addictionwas identified and accepted by boththe AMA and the APA over 50 yearsago.19 While many of you reading thisarticle still consider addiction nothingmore than a lack of willpower or amoral failing, that position has beenmedically disproven. And, tragically,this “I can control it” “moral failure”mind-set undermines the attorney’swillingness to seek help or outsidetreatment — and treatment works, itreally does. Maybe not the first time,but eventually. And as someone whoeven held the “willpower” opinion her-self, and nearly died as a result of it, Ihave learned that for all the reasonsthe doctors say, addiction really is adisease.

Adding insult to injury, studies havefound that at least 50% of alcoholics,and an even higher percentage of drugaddicts, suffer from co-occurring disor-ders20. A diagnosis of co-occurringdisorders (COD) is warranted when atleast one disorder of each type (sub-stance-related disorder and psychiatricdisorder) can be established independ-ently of the other. Most commonly forlawyers, the addiction is coupled withdepression or its evil relative - chronicanxiety. Some basic science supportsthe alcoholic/depression model. Forexample: Ethyl Alcohol (ETOH) itself isa central nervous system depressant,and if I consume toxic levels of a cen-tral nervous system depressantfrequently or even daily, it follows thatI’ll be depressed. And all the Prozac inthe world isn’t going to make me un-depressed. But I can also be depressedcompletely independently of the alcoholabuse, and the toxic levels of alcoholonly serve to exacerbate the underlyingdepression.21

Unless the primary disease of alco-holism is arrested, it’s impossible tosuccessfully treat the co-existing disor-

der. Even then, if only the addictivedisorder is treated then the depression,and the need for relief from its symp-toms, remains. The person may wellturn to alcohol or drugs again to man-age those symptoms. As a result, itoften takes more than just a 12-steprecovery program to address these mul-tiple problems.

WHAT DOES ADDICTION LOOK LIKE?From a clinical standpoint, to warrant

a diagnosis of addiction an individualwould have to exhibit at least three ofthe seven diagnostic criteria for sub-stance dependence within the sameyear. The seven criteria for substancedependence are:

(1) Tolerance, as defined by either ofthe following: (a)A need for markedlyincreased amounts of the substance toachieve intoxication or desired effect, or(b) Markedly diminished effect withcontinued use of the same amount of thesubstance.

(2) Withdrawal, as manifested byeither of the following: (a) The charac-teristic withdrawal syndrome for thesubstance (refer to Criteria A or B of thecriteria sets for Withdrawal from spe-cific substances). (b) The same (or aclosely related) substance is taken torelieve or avoid withdrawal symptoms.

(3) The substance is often taken inlarger amounts or over a longer periodthan was intended.

(4) There is a persistent desire orunsuccessful efforts to cut down or con-trol substance use.

(5) A great deal of time is spent inactivities necessary to obtain the sub-stance (such as visiting multiple doctorsor driving long distances), use the sub-stance (such as chain smoking) orrecover from its effects. (Chasing).

(6) Important social, occupational, orrecreational activities are given up orreduced because of substance use.

The substance use is continueddespite knowledge of having a persist-ent or recurrent physical orpsychological problem that is likely tohave been caused or exacerbated by thesubstance.22

Although we know the criteria,there’s still a big problem in identifyinglawyers with addiction issues: we can

be REALLY high-functioning – even atthe pinnacle of our addiction or mentalhealth crisis. In Understanding theHigh-Functioning Alcoholic,23 theauthor notes that high-functioning alco-holic lawyers, in addition to being indenial, are often able to maintainemployment, project an acceptable out-ward image in spite of the innerturmoil, sustain interpersonal relation-ships, and “work the system” in dealingwith legal problems resulting from theaddiction.24

What Are The Warning Signs?Warning signs of impairment are

there if you know what to look for.KYLAP’s experience has shown that thefollowing are indicative of a potentialproblem:

WHAT CAN YOU DO?If you are concerned about a fellow

attorney or judge, inaction is the worstresponse. If you suspect that you oranother attorney has a problem withdrugs, alcohol, or another conditionwhich appears to be interfering withtheir law practice, or if you have anyquestions regarding impairment, callKYLAP at 502-564-3795, ext. 265.KYLAP deals with a variety of issuesincluding stress, family problems, emo-tional problems, and substance abuseproblems.

KYLAP can assist you in exploringoptions available to you or to anotherattorney. All contact with KYLAP isconfidential. The attorney you refer willnever know who called us and pursuantto S.Ct.R. 3.990, the director, staff andvolunteers are prohibited from makingdisclosure to other bar departments.KYLAP and its volunteers are alsoexplicitly excluded from the reportingrequirement set forth in Supreme CourtRule 3.130(8.3)(c).25

WHAT CAN WE DO?Among the services which KYLAP

can offer the individual in need are:Assessment and Referral: A trained

member of the KYLAP staff will meetwith the affected attorney, to discuss theproblem and recommend available treat-ment and rehabilitation options.

Interventions: In appropriate situa-tions, a member of the KYLAP staffmay make arrangements for, and partici-pate in, a formal intervention to assistan impaired attorney.

Peer Support Network: Theaffected attorneys may be paired with arecovering lawyer in their area to act asa mentor and assist with their recovery.

Education and Prevention: KYLAPworks with law firms, the courts andbar associations to provide training andeducation concerning attorney impair-ment and recovery. In addition, KYLAPmakes regular presentations at Ken-tucky’s law schools regardingimpairment and the bar admissionprocess.

Structured RehabilitationProgram: In cases involving attorney

discipline or admissions problems,KYLAP will implement a structuredrehabilitation program to document aparticipant’s recovery. If the individualchooses, this documentation may betaken into consideration by the KBA,the Office of Bar Admissions and/or theKentucky Supreme Court when deter-mining discipline or recommendationsfor admission or readmission.

Recovery Group Meetings: In areaswhere it is possible, KYLAP facilitatesthe organization of recovery group meet-ings and provides on-going support.

Students with Bar ApplicationIssues: All applicants seeking admissionto the Kentucky Bar are expected tofully disclose any physical or psycho-logical issue that may impair his or herability to practice law. KYLAP is avail-able to discuss any law student’s orapplicant’s situation in a confidentialsetting prior to submission of the BarApplication. In addition, when appropri-ate, KYLAP can implement a structuredrehabilitation program for eachindividual that documents his or herefforts to address the issues in question.

• Absenteeism.• Confusion or difficulty in

concentration.• Spasmodic work patterns.• Generally lowered job efficiency.• Poor interpersonal relationships.• Physical problems/symptoms.• Financial or legal problems.• Appearing in court or elsewhere in

an obviously impaired condition.


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CONCLUSIONThe great news about addiction and

many mental health issues (whichcan’t be said about most other dis-eases) is that they’re treatable andneed not be fatal. No, there’s no cure;there is a solution. Lawyers are recov-ering every day, one day at a time. Iam witness to some of the greatestmiracles in our profession simply byvirtue of my good fortune in serving asthe director of this amazing program.Even as I write this, I’m informed thatI have two new KYLAP success sto-ries – attorneys who found recoveryand are now coming on board as vol-unteers. I watch lawyers who werecrippled by mental illness, who havereceived treatment and are now able tore-enter the workforce and not onlyhelp clients again, but who are alsoavailable to their fellow-lawyers whosuffer in the same way.

The great volunteers who give theirblood, sweat and tears to lawyers inneed are the life blood of KYLAP andwhat make KYLAP work. If you’vebeen clean and sober for more than twoyears, or you have recovered from amental illness or other disabling condi-tion, and you would like to beconsidered as a volunteer, please contactus either by telephone, or via our confi-dential website at www.kylap.org.

ENDNOTES1. Baker, Al and Chan, Sewell, “Dri-

ver in Crash That Killed 8 WasDrunk, Officials Say,” New YorkTimes, August 4, 2009.

2. Eaton, Mandel, and Garrison,“Occupations and the Prevalence ofMajor Depressive Disorder,” 32 J.Occupational Med. 1083-1132(1990).

3. Barnes, supra, (citing G.A.H. Ben-jamin, E.J. Darling & B.D. Sales,The Prevalence of Depression,Alcohol Abuse, and Cocaine AbuseAmong United States Lawyers, 13J. Law & Psychiatry 233 (1990).

4. “Drug and Alcohol Abuse & Addic-tion in the Legal Profession,” Bythe Legal Profession AssistanceConference, http://www.ipac.ca/.

5. Weiss, Debra Cassens, “LawyerPersonalities may Contribute to

Increased Suicide Risks,”www.ABAJournal.com, PostedApril 30, 2009.

6. Johnson, Lynn, StressManagement, Utah State Bar J.,Jan./Feb. 2003.

7. Id.8. Blatt, Sidney J., Ph.D., “The

Destructiveness of Perfectionism:Implications for the Treatment ofDepression,” American Psycholo-gist, Vol. 49, No. 12, pp.1003-1020 (1997).

9. See generally, “Work-Life Balance:Why is it Important For You?,”Gary L. Bakke, The WisconsinDefender, Winter/Spring, 2009, Vol-ume 17, Issue I.

10. Johnson,Lynn, supra.11. Uday, Richard. The Frayed Rope,

Utah State Bar J., Aug/Sept. 2003.12. Cohen, Meyer J., “Bumps in the

Road,” GPSOLO, July/Aug. 2001,at 20.

13. Bakke, Gary L., “Work-Life Bal-ance: Why It Is Important ForYou,” The Wisconsin Defender,Winter/Spring 2009, Volume 17,Issue 1, citing Johnson, Lynn,supra.

14. Uday, Richard. The Frayed Rope,Utah State Bar J., Aug/Sept. 2003.

15. Id.16. 46 Am. Jur. Proof of Facts 2d 563,

§2, fn. 18-22.17. 46 Am. Jur. Proof of Facts 2d 563,

§2; Alcoholics Anonymous WorldServices, Inc., Alcoholics Anony-mous (3d ed. 1976) foreword p.xxii.

18. Diagnostic and Statistical Manualof Mental Disorders Fourth Edition- Text Revision (Copyright 2000),American Psychiatric Association.

19. American Medical Association,Definitions, H-95.983 Drug Depen-dencies as Diseases: The AMA 1.endorses the proposition that drugdependencies, including alco-holism, are diseases.; DSM-IV-TR(Copyright 2000); APA.

20. REGIER, D.A.; FARMER, M.E.;RAE, D.S.; et al. Comorbidity ofmental disorders with alcohol andother drug abuse. Results from theEpidemiologic Catchment Area(ECA) study. JAMA: Journal of the

American Medical Association264(19):2511–2518, 1990.

21. National Institute of Alcohol Abuseand Alcoholism, of the NationalInstitutes of Health, Alcohol AlertNo. 14, PH 302 October 1991.

22. Diagnostic and Statistical Manualof Mental Disorders Fourth Edition- Text Revision (Copyright 2000),American Psychiatric Association,DSM-IV Criteria for AlcoholDependence.

23. Benton, Sarah Allen, Understand-ing the High-FunctioningAlcoholic: Professional Views andPersonal Insights (The PraegerSeries on Contemporary Health andLiving) 2010.

24. Id.25. “A lawyer is not required to report

information that is protected byRule 1.6 or by other law. Further, alawyer or a judge does not have aduty to report or disclose informa-tion that is received in the course ofparticipating in the KentuckyLawyer Assistance Program orEthics Hotline.” Supreme CourtRule 3.130(8.3)(c).

Yvette Houriganwas born inLouisville and isthe director ofthe KentuckyLawyer Assis-tance Program.She is a gradu-ate of Murray

State University and the Universityof Kentucky College of Law. Upongraduation, she was a law clerk forthe Honorable Justice Joseph Lam-bert in the Kentucky SupremeCourt. She began her legal career inLexington where she practiced pri-marily in automobile productliability defense. In 1998, sheopened the Law Office of YvetteHourigan, also in Lexington. Herpractice has been focused primarilyon plaintiff’s personal injury work,including nursing home negligence,automobile wrecks, and other civillitigation. She has been sober,gratefully, since January 1, 2003.


by Judith D. Fischer

Ross Guberman, Point Made: How toWrite Like the Nation’s Top Advocates.N.Y.: Oxford U. Press, 2011, pp. 311,$19.95.

When you’re stuck during thewriting process, the book PointMade may be just the reference

you need: it’s chock full of punchyadvice and examples. Its author, RossGuberman, reviewed hundreds of briefsand motions to select 50 top legal writ-ers, including David Boies, Ted Olson,John Roberts, and Barack Obama. The

book presents examples from their briefsand motions, interspersed with Guber-man’s own pithy advice.

Guberman says good legal writerswrite with “punch.” They will “do some-thing—anything—to add interest, variety,and elegance to their words, sentences,and transitions.” Following that principle,the book’s chapters have intriguing titleslike “Poker Face,” “Ping Me,” and “SizeMatters.” Each topic is illustrated withexamples from the masters.

The book is organized around smallbites of information rather than length-ier prose, a structure that some readersmay find bothersome. But the examplesare rich. The section titled “Zingers:Colorful Verbs” contains this vivid quo-tation from Joe Jamail: “Sunbeam

played fast and loose with its accountingnumbers to hoodwink Wall Street.” Thesection “What a Breeze: ConfidentTone” includes this Ruth Bader Gins-burg line: “Goesaert is a decisionoverdue for a formal burial.” In theservice of punchiness, Guberman evenendorses an occasional sentence frag-ment like “Not so” and “So too here.”

Looking for a good way to begin abrief? You can find inspiration under theheading “Brass Tacks.” Wondering howto end? “The Last Word” suggests apithy conclusion like this: “This Courthas never come close to adopting such aremarkable proposition. And there is noreason to do so here.”

The appendices contain short biogra-phies of Guberman’s master legal writers,50 key writing techniques, a list of “bestquotes,” and annotated sample briefs.

Guberman is the president of LegalWriting Pro, his platform for the legal-writing workshops he has conducted inseveral countries. He is also an adjunctprofessor at The George WashingtonUniversity Law School.

He suggests that readers use PointMade as a reference or simply read it insequence. I enjoyed reading it through,but with either approach, the book givesthe reader lots of valuable nuggets aboutlegal writing.


Judith D. Fis-cher is anassociate profes-sor at theUniversity ofLouisville LouisD. BrandeisSchool of Law.She received her

B.A. and M.A. degrees in Englishfrom Bradley University and her J.D.from Loyola Law School in LosAngeles. She teaches Legal Writingand Women and the Law.Fischer was previously a partner ina Los Angeles law firm, where hergeneral practice included businesslitigation. Her scholarship includesarticles on legal writing, advocacy,and women and the law. Her bookPleasing the Court examines ethicaland effective legal writing throughnumerous examples of the conse-quences of lawyers’ errors.

[email protected],

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Conley Salyer, Attorney, J.D., LL.M.; Examiner, Malcolm Baldrige National QualityAward (MBNQA). [email protected], (859) 281-1171,

444 E. Main Street, Lexington, KY 40507. This is an advertisement.


by Taylor Holbrook

C omputers and the internet havedrastically improved the processof legal research. The legal

researcher now summons hundreds, per-haps thousands, of years of case law,statutes, treatises, legal thought, andlegal history to their desk (or lap)instantaneously with the push of a but-ton. Search engines help prevent thisability from becoming overwhelming byallowing the researcher to search all ofthat information for the specific infor-mation they need. However, theresearcher should not overlook theadvantages of using good old fashionedbooks in their legal research.

MAGIC WORDSMost search engines depend on the

key words (or phrases) entered by theresearcher. Once entered, the searchengine searches all of the documents inits database for those words. The enginethen ranks and displays the documentscontaining those words according to analgorithm, or equation, that determinesrelevancy principally according to howmany of the words appear in the docu-ment and in what frequency they appear.The researcher can manipulate the resultsand ranking by using Boolean terms like“and,” “or,” and “not.”1 The “and” termsallow the researcher to tell the engine tofind documents with word “A” ANDword “B.” In this case only documentscontaining both words will be displayed.If a researcher wants to include morethan one word for the same concept, theycan use “or” to find documents that haveeither word “A” OR word “B.” Revers-ing the previous concept, the researcher

can exclude a word with the “not” termto show documents with word “A” butNOT word “B.”2 These terms allow theresearcher to increase (“or”) or decrease(“and”) the number of results generatedby the search engine and to eliminate anyirrelevant documents through the use ofthe “not” term. While useful, Booleanterms still limit the researcher to manipu-lating the results by what words theycontain and not by their subject matter.

A search engine works like the indexof a book. It tells you only where thesearch terms are found without any con-text. In a short amount of time, aresearcher can find a case to support theirargument or determine if there have beenany recent cases modifying the law asthey understand it. But if the researcheris unfamiliar with the subject or issearching for a more nuanced argument,a lot of time is wasted sorting throughthe cases where the terms are mentioned,but not dealt with in any substantial way.

STARTING POINTSIn contrast, a legal digest works like a

book’s table of contents. The digest layscase law out by subject. The researchercan find the subject of their search in theDescriptive Word Index of the digest andbe directed to the appropriate topic in thedigest. Upon finding the appropriatetopic, the researcher will find the topicbroken down into two different topic out-lines at the beginning of the entry. Thefirst outline breaks the topic down intothe main subject headings within thetopic along with the key number rangeincluded within that heading. The secondoutline goes further, showing moredetailed sub-headings within each of themajor subjects along with the specific key

number for that sub-heading. This allowsthe researcher to begin narrowing theirsearch, first by skimming the very generalsubjects in the first outline to locate theone most likely to contain relevant caselaw. Then they can skim through the sec-ond outline to find a specific key numberthat applies to their case.

The researcher then turns to the spe-cific relevant key number in the digest.There they will find abstracts of casesrelated to that subject. These are longerthan those provided with search engineresults and focus on the part of the caserelevant to the subcategory it is found in.A search engine abstract merely providesa short excerpt of the searched for wordor phrase. Again the digest lays out itsinformation so that the researcher canquickly skim through all of the cases tofind the most relevant. Here a laptopcomes in handy to quickly pull up theentire case indicated by the abstract’scitation for a thorough reading.

The way digests present their informa-tion, allow the researcher to quickly skimthe entire topic and decide what is rele-vant instead of relying on an algorithmprogrammed by someone else. Alsowhile skimming through the entry for thetopic, the researcher will gain a fullerunderstanding of the topic and may findother ways to approach their problem. Adigest allows legal research to be morefocused, while also being more thorough.

CASE IN POINTIt is established law in Kentucky that

when a property description uses a creekor stream as a property line, then theproperty line is located in the center of


Taylor Holbrook,of Lexington,performs legalresearch anddrafting servicesfor other attor-neys andrepresents veter-ans before the

Veteran’s Administration and theU.S. Court of Appeals for Veteran’sClaims. He served as a United StatesMarine before attending EasternKentucky University and the Univer-sity of Kentucky College of Law.


the stream, unless the grant clearly indi-cates otherwise.33 Sounds simpleenough, but when a surveyor calls need-ing to know where the center of thestream is, how does the law translate toa physical location on the ground?

Trying to search for “center” or “mid-dle” of a “stream” or “creek” will onlyreturn cases restating the principle oflaw. It turns out the magic word in thiscase is “thread.” But even searching for“thread of the stream” likewise returnsmainly simple restatements of the legalconcept and no clear explanation. Aresearcher may waste a lot of time siftingthrough cases restating the law beforestumbling upon one that explained thelegal concept or even provided the magicwords of “thread of the stream.”

Looking up creeks in the DescriptiveWord Index does not provide anyresults. However, reading through the“streams” entry will reveal that thedigest deals with the subject eitherunder the topic of “navigable waters” or“waters and watercourses” in the digest.

The first outline under “waters andwatercourses” reveals two subject head-

ings that may apply “natural water-courses” and “conveyances andcontracts.” Turning to those sections inthe second outline, the researcher findstwo sub headings in “natural water-courses” that may prove fruitful,“riparian rights in general” and “bed andbanks of stream.” Skimming the caseabstracts under those sub headings theresearcher finds the cases City of Prince-ton v. Martin4 and Sutton v. Terrett5.

According to these cases, the middleof the stream is not equidistant betweenthe two shores. Rather it is located inthe deepest channel of the waterway.This allows both bordering propertiesaccess to the water even if the waterlevel drops until the waterway is onlythe width of a thread. While finding thisanswer the researcher will also learnhow this changes when the waterwaychanges course due to accretion andwhich controls the meanderings of thewaterway or a property descriptionwhen they conflict. These may also berelevant to the researcher’s fact pattern.The topic entry for “navigable waters”will give similar results.

CONCLUSIONThe differences in the way search

engines and legal digests present theirinformation allow a researcher to attacktheir research project from differentangles. In some cases, this means agood old fashioned book remains theperfect tool for the job.

ENDNOTES1. Though many search engines now

break the Boolean functions downinto separate data fields that allowthe researcher to exclude or includea word by entering it into theappropriate field.

2. This is useful in cases where aword or phrase can be used todescribe more than one legal con-cept by excluding words applicableonly to the unwanted concept(s).

3. City of Covington v. State TaxCommission, 21 S.W.2d 1010, 1013(Ky.App. 1929).

4. City of Princeton v. Martin, 170S.W.2d 660 (Ky.App. 1943).

5. Sutton v. Terrett, 192 S.W.2d 382(Ky.App. 1946).

President Wm. T. (Bill) Robinson III • American Bar AssociationKentucky Presidential Committee Appointments • 2011-2012

Roula Allouch, Member, Standing Committee on Constitution and BylawsJerry J. Bowles, Member of the Commission on Domestic ViolenceDavid A. Brennen, Member, Standing Committee on Law Library of CongressAnita Britton, Member of the Commission on Domestic ViolenceVicki Yates Brown, Member, Standing Committee on Governmental AffairsLinda A. Gosnell, Member, Standing Committee on Professional DisciplineDaniel T. Goyette, Member, Standing Committee on Legal Aid and Indigent DefendantsBart Loveman Greenwald, Member, Standing Committee on ProfessionalismNorman E. Harned, Member, Standing Committee on Gavel AwardsDennis R. Honabach, Chair, Standing Committee on ProfessionalismNicole Huberfeld, Member of the Special Committee Bioethics and the LawKathleen Gormley Johnson, Member, Advisory Committee to the Standing Committee on Public EducationMargaret E. Keane, Member, Standing Committee on Judicial IndependenceMichelle M. Keller, Member, Ethics and Professional Responsibility Judges Advisory CommitteeScott D. Laufenberg, Member, Legal Opportunity Scholarship CommitteeGeorge E. Long II, Member, Special Committee on Disaster Response and PreparednessJohn D. Minton, Jr., Chair, Board of ElectionsEdward C. Monahan, Member, Task Force on Preservation of the Justice SystemJennifer Ann Moore, Member, Advisory Committee to the Standing Committee on Election LawEileen O’Brien, Member, Commission on Lawyer Assistance ProgramsJohn M. Rosenberg, Member, Standing Committee on Pro Bono and Public ServiceThomas L. Rouse, Member, Special Commission on Mental and Physical Disability LawGregory S. Shumate, Member, Advisory Committee to the Standing Committee on Election LawDavid B. Sloan, Member, Standing Committee on Continuing Legal EducationOlu A. Stevens, Member, Center for Racial and Ethnic DiversityPamela D. Stevenson, Member, Standing Committee on Delivery of Legal ServicesRichard H. Underwood, Member, Standing Committee on Ethics and Professional ResponsibilityPalmer Gene Vance II, Member, Council of the Fund for Justice & Education and Member, Standing Committee on MembershipThomas Wine, Member, Standing Committee on Gavel Awards


attorney is paid to detect and exploit. Formal logic is integral to legal writ-

ing because of the nature of language, thenature of law, and the nature of represen-tation. The nature of language is to givetime and space5 in which the audiencecan order and comprehend the crash ofhuman commerce. Just as conventions ofsyntax give relation, significance, andresonance to the words within a sentence,inductive and deductive syllogisms giverelation, significance, and resonance tothe law, the facts, and such justice as maybe derived therefrom. Without carefullyconstructed syllogisms, the hearer is leftto a solitary sorting of mysteries. Thereader becomes an accident reconstruc-tionist, assembling some theory of thewriter’s intended route, speed, freight,and destination.

The unguided audience cannot beheld accountable for the fidelity of itsunderstanding to the writer’s intent. Thesyllogism is the syntax of ideas; logic isthe vessel of experience. Should thatvessel fail then truly will the law be leftto “the prejudices that judges share withtheir fellowmen.”6

The nature of law is to prescribe aspecific state action upon a finite classof persons, transactions, behaviors, orthings. It is the defining of the class andthe specificity of the state action whichset law apart from the random or arbi-trary schemes we deem lawless.Identifying a particular subject orinstance within the defined classbecomes the justification for applyingthe sanction. If the law prescribes a finefor drivers who exceed a speed limit of55 mph, those clocked at 60 mph will besubject to the fine. If the Sherman Actprohibits “every contract, combination... or conspiracy, in restraint of trade,”7

then an enterprise found to restrain tradewill be subject to fines and injunctions.

This is the very model of a modusponens syllogism. The major premiseconditions the sanction upon a class, theminor premise identifies the subject aswithin or without the class, and conse-quently the sanction is applied, or not.Experience is essential to the deductionby informing the meaning of “contract,combination, or conspiracy” and“restraint of trade” in the major premise.Experience is essential to fortify theminor premise by comparing striking railworkers,8 a holding company,9 an oiltrust,10 or rules for a commodityexchange11 to restraints found unlawful

Reason is the life of the law; nay, thecommon law itself is nothing else butreason.

—Sir Edward Coke, First Institute, 1628.

The life of the law has not been logic: ithas been experience.

—Oliver Wendell Holmes, Jr., The Common Law, 1881.

Justice Holmes’ maxim is often takenas a riposte to Chief Justice Coke’s

supposedly undiluted rationalism.Holmes’ championing of “[t]he feltnecessities of the time, the prevalentmoral and political theories, intuitionsof public policy, avowed or uncon-scious, even the prejudices that judgesshare with their fellowmen”1 as superiorto the syllogism has won our day. As asoundbite, the appeal to experience canbe used to justify the Trust-your-feel-ings-Luke! mindset of a generation oflawyers innocent of the study of syllo-gistic reasoning at any point in ourexpensive educations. A careful reading,however, of Holmes’ first page of TheCommon Law shows that Holmes doesnot reject the syllogism as necessary tothe law, but rather as alone sufficient topresent it:

To accomplish this task, other toolsare needed besides logic. It is somethingto show that the consistency of a systemrequires a particular result, but it is notall. ... The law embodies the story of anation’s development through many cen-turies, and it cannot be dealt with as ifit contained only the axioms and corol-laries of a book of mathematics. Inorder to know what it is, we need toknow what it has been, and what ittends to become.2

As the words emphasized above indi-cate, reason is still necessary to the law,but it must be informed in its terms andapplication by the life of the law which

is, well, life!!! In this, Holmes echoesCharles Dickens in Oliver Twist:

“[T]he law supposes that your wifeacts under your direction.”

“If the law supposes that,” said Mr.Bumble, squeezing his hat emphaticallyin both hands, “the law is a ass- a idiot.If that’s the eye of the law, the law is abachelor; and the worst I wish the lawis, that his eye may be opened by expe-rience- by experience.”3

Even as the light of experiencefloods the eye, not even Holmes doesaway with the lens of reason. Just asthere is no sight without light, there isno image without focus. And yet, to saythe truth, reason and law keep littlecompany together nowadays; the morethe pity that some honest neighbors willnot make them friends.

Ironically, Chief Justice Coke is justsuch a peacemaker. His more completeclaim for reason is:

And there is another strong argumentin law, Nihil quod est contra rationemest licitem; for reason is the life of thelaw, nay the common law itself is noth-ing else but reason, gotten by longstudy, observation, and experience, andnot of every man’s natural reason; for,Nemo nascitur artifex.4

Coke’s reason is itself the fruit ofexperience, including the study of propersyllogisms: “not of every man’s naturalreason,” for “No one is born an artist.”Without the study, observation, andexperience of reason itself, we are leftwith karaoke law. One’s own arias maysound celestial in the shower, but audi-ence members who cannot croak a notecan tell if the casual karaokiste goesastray. If we write our arguments withonly our own natural inclinations, ourself-regard will betray us. No “intuitionsof public policy” will save our unstudiedinstincts from a fallacy that another

EFFECTIVE LEGAL WRITING

Are You Experienced?

by Donald K. KazeeSalmon P. Chase College of Law


in the past. But the experience must restsecurely within the syllogism for a validlegal result to be inferred.

Modus ponens is hardly the only typeof deductive syllogism which may man-ifest the law, but the number of suchsyllogisms is finite and tractable. Thefamiliar IRAC mantra prescribes a syl-logistic structure,12 but this formulaalone gives no hint of the specific struc-ture on which to frame the argumentpeculiar to the client’s case. Withoutthat specific framework, preachingreplaces premises. What lawyers need toknow is how to choose and craft a par-ticular syllogism appropriate to theauthoritative statement of the law, thefacts at hand, and the client’s needs.

For instance, statutes drafted in thenegative, the conditional, the alterna-tive, or the exceptional requiresyllogisms specific to the particular pos-ture. Elaborations upon case law requirestructures to coordinate complexity. Anopponent’s “restatement” of the law “inother words” requires our attention tothe finite number of transformationswhich will actually stand up in court.An improvisation either misleading ormistaken may deceive the unwary, butthe logical lawyer can spot a sham andturn it on the shamster.

The nature of representation is to takethe burdens of others and present themfor succor as if they were our own. If thecase required it, we would hardly sparethe effort to learn the medicine, engi-neering, or ecology necessary to be aneffective advocate. Nor should we beexcused from acquiring the logicalexpertise so readily applicable to thebest representation for the broad rangeof our clients. Such skills do not descendlike manna. They must be sweated out.We may be past school, but we are notpast schooling, even if we have to edu-cate ourselves. After all, Lawyer Lincolnread Euclid on the Illinois circuit.13

The best place to start learning is atext from the “critical thinking” genre.These are geared to high school or col-lege and present the range of toolsavailable in constructing or refuting anargument. They are not, however, writ-ten for the lawyer in particular. Somediscipline is required to match the logicon the page with our experience in prac-tice, but this is a duty we owe ourclients. We have been through the“thinking like a lawyer” rituals. Now isthe time to think like a good lawyer.

Alas, most legal writing texts areinadequate to this purpose. Only a veryfew systematically integrate syllogisticreasoning into writing.14 Those having auseful overview of the roles of inductiveand deductive reasoning can be countedon one hand. Far too many have lessinformation on reasoning than thisessay: “Write the discussion clearly andlogically;” or “The best way to catchlogical errors is to put the writing asidefor a while and read it later when youhave greater objectivity.” Period. Someare just plain dangerous, as uninformedadvice misleads the reader as to its logi-cal implications.

The rest have experience in goodmeasure, but the prescriptions boildown to the same stew of write shortsentences, but vary your sentencelength; write effective paragraphs, butvary your paragraph length; find atopic sentence, but start with a conclu-sion; hyphenate your phrasaladjectives; and above all, the passivevoice is to be eschewed.15 A focus onthe mechanics of deduction and induc-tion would make many of the standardbromides superfluous. Economy fol-lows from drafting the sentence toaccomplish its function in the syllo-gism. The paragraph is built around anidentifiable syllogism or one of itspremises, and syntax should follow therequirements of the proposition, figure,or mood. In any event, chrome on thetrim avails nothing if the logical engineis rusted out.

Holmes’ experience is the life of thelaw, but Coke adds that the study of rea-son is integral to that experience. A lackof a systematic understanding of formallogic deprives us of the architecture16 ofargument and fortification againstattack. It also deprives us of a means ofdiscerning our opponents’ flaws. Eitherdeprives the court of the understandingneeded to render justice. Our clientsrequire that our writing not only beinformed by the experience of life, butstructured through the study and obser-vation of deductive (propositional andcategorical) and inductive (analogy, dis-tinction, and generalization) reasoning.Going to court without having examinedthe structure of our logic is like takingthe stage without reading music. PaceJimi Hendrix, nemo nascitur artifex.Apart from born geniuses, if any therebe, the rest of us need to read music andmind our Ps and Qs.

ENDNOTES1. Oliver Wendell Holmes, Jr., The

Common Law 1 (1881).2. Oliver Wendell Holmes, Jr., The

Common Law 1 (1881). The ellip-sis contains the prior quotations.

3. Charles Dickens, Oliver Twist, Ch.51 (1838).

4. Sir Edward Coke, First Institute,Section 97b (1628).

5. “Time is what prevents everythingfrom happening at once; space iswhat keeps everything from hap-pening to me.” Attributed to JohnArchibald Wheeler, alluding inturn to Raymond King Cummings,The Girl in the Golden Atom(1922).

6. Oliver Wendell Holmes, Jr., TheCommon Law 1 (1881).

7. 15 U.S.C. §§ 1.8. In re Phelan, 62 F. 803 (S.D. Ohio

1894) (Taft, J.)9. Northern Securities Co. v. United

States, 193 U.S. 194, 200 (1904)(Holmes, J., dissenting).

10. Standard Oil Co. of New Jersey v.United States, 221 U.S. 1 (1911)(White, C.J.)

11. Chicago Board of Trade v. UnitedStates, 246 U.S. 231 (1918)(Brandeis, J.)

12. In IRAC, the rule of law is a majorpremise, the law is applied to thefacts in a minor premise, and asanction follows as a logical con-clusion.

13. Drew R. McCoy, “An ‘Old-Fashioned’ Nationalism: Lincoln,Jefferson, and the ClassicalTradition,” Journal of the AbrahamLincoln Association Winter 2002<http://www.historycooperative.org/journals/jala/23.1/mccoy.html> (14 Jul. 2011).

14. Ruggiero D. Aldisert, Logic forLawyers, (Clark Boardman Co.1989); J. S. Covington, Jr., TheStructure of Legal Argument andProof, (William S. Hein and Co.2006); Teresa J. Reid Rambo andLeanne J. Pflaum, Legal Writing byDesign, (Carolina Academic Press2001); Jill J. Ramsfield, Law asArchitecture: Building LegalDocuments (West 2000).

15. The passive obsession is lost onme.

16. Jill J. Ramsfield, Law asArchitecture: Building LegalDocuments (West 2000).

By Sierra WilliamsNKU Chase College of Law

Chase Welcomes Talented NewFaculty Members

Eric Alden comes to Chase as anassistant professor oflaw teaching contractsafter working atMayer Brown LLP inPalo Alto, Calif.,where he was a corpo-rate and securitiespartner. Alden has aB.A. in economics

from Harvard College, a M.A. from theFreie Universität Berlin, and a J.D.from Columbia Law School. Prior tojoining Chase, he taught corporate gov-ernance at the University of CaliforniaBerkeley School of Law and was aresearch fellow at its Center for Law,Business and the Economy.

Ursula Tracy Doylejoins the Chase fac-ulty as a visitingprofessor teachingtorts and internationallaw. Doyle has a B.A.in english fromCornell University, aM.A. in english fromColumbia University,

and a J.D. from Indiana University-Bloomington School of Law. Doylecomes to Chase from HowardUniversity School of Law inWashington, D.C., where she served asan instructor of legal reasoning, legalresearch, and legal writing since 2009.Prior to teaching, she practiced law inthe areas of mass tort, individual per-sonal injury, and commerciallitigation.

Jon M. Garon, a nationally recog-nized authority on intellectual property,joins the Chase faculty as a professorof law and director of Chase’s Law andInformatics Institute. Garon receivedhis B.A. from the University ofMinnesota, Twin Cities, and his J.D.

from Columbia LawSchool. He comes toChase from HamlineUniversity School ofLaw in Saint Paul,Minn., where he hadserved as a professorsince 2003 and as thelaw school’s dean

from 2003-2008. Amy Halbrook joins the Chase fac-

ulty as director of theChase Children’s LawClinic and assistantprofessor of law. Shereceived her B.A.from the University ofCalifornia at Berkeleyand her J.D. fromNorthwestern

University School of Law. Halbrookhas worked as a clinical teaching fel-low at the Loyola University ChicagoCivitas ChildLaw Clinic and as a clini-cal fellow at the NorthwesternUniversity School of Law BluhmLegal Clinic.

Jack B. Harrison joins the Chasefaculty as an assistant professor of law

teaching civil proce-dure and trialadvocacy. Harrisonhas a B.A. in politicalscience from theUniversity ofTennessee atChattanooga, a S.T.B.,M.A from St. Mary’s

Seminary and University, and a J.D.from the University of CincinnatiCollege of Law. He was a partner atFrost Brown Todd until 2009, when hebecame a member of Cors & Bassett inCincinnati, Ohio. His practice includesa wide variety of areas involving litiga-tion and trial practice.

David A. Singleton,whose new facultyprofile was included inthe March 2011 issueof the Bench & Bar,joins the Chase facultyas an assistant profes-sor of law afterserving as a visitingprofessor since 2007.

The College of Law to HostSymposium on Court Funding

On September 23 and 24, theUniversity of Kentucky College of

Law will host the Kentucky LawJournal Symposium onCourt Funding, anational dialogue fea-turing leading legalscholars, judges, prac-titioners, courtadministrators andmembers of the busi-ness communitydiscussing the practi-cal and constitutional

impacts of court underfunding. Thesymposium will be a celebration of theKentucky Law Journal’s 100th volume,which makes it the 10th oldest lawreview in the nation. Also being hon-ored is College of Law alumnus Wm. T.(Bill) Robinson III, the new president ofthe American Bar Association.

Robinson, a 1971 graduate of theCollege of Law, has made the under-funding of courts his primary focus asABA president. According to him,inadequate funding “means access tojustice is denied and the Rule of Law isundermined.” The College is proud tosupport him in his commitment to thelegal profession.

The events will begin Friday morn-ing, September 23, at the University ofKentucky Singletary Center with a wel-come from Kentucky Chief Justice JohnD. Minton, Jr., and an opening keynoteaddress from renowned constitutionalscholar Erwin R. Chemerinsky, dean ofthe University of California-IrvineSchool of Law. On Friday afternoon andSaturday morning, there will be severalmoderated discussion panels. Fridaynight will be highlighted by a cocktailreception and gala dinner at theLexington Convention Center. Asidefrom a $35 ticket for the gala dinner, allof the symposium events are free andopen to the public. Registration for theevent, a full schedule, and information

University ofKentuckyCollege of Law

Salmon P. ChaseCollege of Law


KENTUCKY BAR NEWS

Eric Alden

Jack B. Harrison

Wm. T. (Bill)Robinson III

(UK Law ’71)

David A.Singleton

Ursula TracyDoyle

Jon M. Garon

Amy Halbrook

KENTUCKY BAR NEWSabout parking and hotel accommoda-tions are available on the UK College ofLaw website at www.law.uky.edu/symposium. Any questions about theevent can be directed to Amanda DeBord,communications director at the College ofLaw, at [email protected].

Can you afford to go to law school?By Dean James Chen

My previous column, So you want togo to law school, provided an

informal introduction to law schooladmissions. I now wish to complete thepicture with a few thoughts about lawschool tuition, educational debt, and theaffordability of legal education. Thequestion is as crucial as it is simple:Can you afford to go to law school?

Law school tuition at the Universityof Louisville for academic year 2011-12is projected to be $16,536 for Kentuckyresidents and $31,948 for out-of-statestudents. We project the total cost ofattendance for in-state students to be$35,488. Out-of-state students canexpect to pay $50,900 in total cost.

The University of Louisville earned(and deserved) its designation as thethird-best value in preLaw Magazine’s2010 survey of law schools. Many lawschools charge well in excess of$40,000 for tuition, and some schoolsoffer financial aid packages that arecontingent on the maintenance of gradepoint averages that will fall, by the sim-ple mathematical realities of gradedistributions, outside the reach of moststudents. At those schools, financial aidfor many students is tantamount to afirst-year discount, followed by a two-year commitment to pay full fare.

By any measure, the University ofLouisville offers a great bargain in legaleducation. A Kentuckian may well payless in tuition for an entire UofL lawdegree than she or he would pay for asingle year at a private institution. Astudent from Kentucky pays signifi-cantly less in total cost of attendance fora single year than she or he might pay

for tuition alone at another school. Westrive to offer financial aid to a signifi-cant number of our students. Enhancingprivate funds for student scholarships isa leading goal of annual fundraising andthe University of Louisville’s ongoingcapital campaign, Charting Our Course.

Law school affordability, however,hinges on more than tuition or even thefull cost of attendance. Almost all stu-dents borrow money in order to attendlaw school. Moreover, because legaleducation represents an investment infuture earning capacity, students woulddo well to assess their future ability torepay that debt through earnings in law-related employment.

Law student debt varies widely. It isquite typical for our students to leavelaw school with roughly $50,000 in debtfrom legal education alone. Studentswith debt from their undergraduatedegrees may find themselves indebtedas much as $75,000. We compare veryfavorably with private law schools,whose graduates routinely incur$100,000 or more in law school debtalone. Total educational debt burdensborne by students who have spent sevenor more years in private universities canreach $150,000 or even $200,000.

To put these numbers in perspective,compare them to mortgages. Mortgagelenders are quite vigilant about ensuring

their borrowers’ ability to repay homeloans. Mortgage eligibility often dependson two debt-to-income ratios. The firstof these ratios is the housing expense, orfront-end, ratio. The front-end ratioshows how much of the borrower’s grossmonthly income would go the entiremortgage payment, including principal,interest, taxes, and insurance (PITI).Many lenders cap the front-end ratio at28 percent. In other words, the monthlypayment on a house, including all com-ponents of PITI, should not exceed 28percent of gross monthly income.

The back-end ratio, by contrast,measures the total ratio of all debts togross income. It shows how much ofthe borrower’s gross income is commit-ted to retiring debt obligations,including a mortgage, car loans, childsupport and alimony, consumer debt,and student loans. Most mortgagelenders will not allow the back-endratio to exceed 36 percent.

Lawyers’ salaries do vary. A prospec-tive law student is well advised to beconservative in estimating future earn-ings. The National Association for LawPlacement estimates that recent lawschool graduates, nine months aftergraduation, earn an average of $68,500,albeit less (roughly $50,000) in publicsector jobs. These are national figures;Kentucky public defenders, for instance,

University ofLouisvilleSchool of Law


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KENTUCKY BAR NEWSquite typically earn roughly $39,000 intheir first year on the job. I would coun-sel any prospective law student toproject affordability at three differentsalary levels: $3,000, $4,000, and$5,000 in gross income per month.These monthly levels correspond toannual salaries of $36,000, $48,000, and$60,000, which are very realistic entry-level figures, respectively, for publicsector work, law-related work in privatebusiness, and private legal practice.

Repayment terms on law schoolloans vary widely, but it is far from rarefor students to repay over a 25-yearschedule (beginning with graduation) at6 percent interest. Students who haveborrowed to finance an undergraduatedegree and three years of legal study atthe University of Louisville may wellcarry $75,000 in educational debt. At 6percent fixed interest over 25 years, thisdebt level generates a monthly paymentof $483.23. If this loan payment wenttoward a mortgage instead of educa-tional debt, it would yield a front-endratio of 16.1 percent on $3,000 inmonthly salary, 12.1 percent on $4,000,and 9.7 percent on $5,000.

The front-end ratio shows the impor-tance of the lower tuition and lower debtload borne by University of Louisvillegraduates. If she or he had attended pri-vate schools throughout the course ofhigher education, the same publicdefender earning $3,000 before taxeseach month would face a crushing 32.2percent front-end ratio on the $966.45monthly payment needed to retire$150,000 in educational debt over 25

years. Switching to the back-end ratiodoes very little to help this hypotheticalgovernment lawyer; the educational debtload leaves less than $120 per monthtoward house payments.

Perhaps the best way of assessinglaw school affordability is to gauge theease (or difficulty) with which a younglawyer can simultaneously defray edu-cational debt and buy a house. Supposethat you hope to buy a house worth$100,000 with 10 percent down and a30-year mortgage. A fixed-rate 30-yearmortgage can be had in today’s marketat 4.5 percent. A disciplined savingsplan of $100 month at 2 percent interest(probably the extreme upper bound onreturn on cash savings) will generate$10,000 within eight years, with per-haps a little extra for moving expenses.Higher monthly savings and/or agreater return on savings will shortenthat period. The question remainswhether ongoing educational debt pay-ments will allow you to buy that$100,000 house.

Assume, conservatively, that you willstart at $36,000 per year and not receiveraises beyond the background inflationrate. When you apply for your mortgage,your back-end ratio must not exceed 36percent of $3,000, which translates to aceiling of $1,080 on all debt. The pro-jected $483.23 monthly payment on$75,000 in educational debt leaves justunder $600 in additional indebtedness.($3,000 times 36 percent, minus $483.23,yields $596.77.) My hypothetical publicdefender earning $36,000 a year can justbarely afford monthly housing payments

of $600. But $600 must cover PITI; cal-culating the principal-and-interest portionalone will help us assess whether a$100,000 house is in reach. If weassume, with good reason, that taxes andinsurance will represent roughly 20 per-cent of PITI, the principal-and-interestportion of a monthly mortgage paymentwill be $480 (80 percent of $600). A$90,000 mortgage, repaid over 30 yearsat 4.5 percent interest, requires monthlyamortization of $456. A total monthlypayment of $570, covering all aspects ofPITI, brings total debt service to $1053per month. The resulting back-end ratiois 35.1 percent, a mere hair under the 36percent threshold.

The bottom line is positive, but pre-cariously so. The relatively low cost oflegal education at the University ofLouisville — as recognized by preLawMagazine’s designation of the UofL asthe third-best value among Americanlaw schools — does enable a younglawyer who earns $36,000 per year toown a $100,000 home. It is a dream thatcannot happen for a similarly situatedgraduate from a private school; six-digiteducational debt will extinguish thisdream. But the margin for my hypotheti-cal UofL graduate is razor-thin, and eventhe slightest disturbance in the economicassumptions that make this story possi-ble (such as the realization of consumerdebt or family law obligations) will pushthis dream that much closer to the brink.It will take continued commitment bythe University of Louisville to keep lawschool affordable and to keep the dreamof a good, complete life within the reachof all our graduates.

Mediation: What’sHappening Now

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Sponsors, Participants Needed for “Why Choose Law: Diversity Matters” Program

The KBA’s Young Lawyers Section encourages attorneys ofall ages to become involved in the sponsorship of its

“Why Choose Law: Diversity Matters” program aimed atencouraging young people from diverse backgrounds tobecome lawyers and to practice in the Commonwealth. Theday-long event is scheduled for June 5, 2012, in Louisville,the day prior to KBA Annual Convention scheduled for June6-8, 2012, at the Galt House in Louisville.

Event organizers welcome:• Sponsors for student participation ($150);• Hosts or sponsors for an individual portion of the agenda,including lunch, a tour of a law firm or transportation;• Suggestions for students interested in participating in theprogram from each of the seven Supreme Court Districts;and,• Presenters for the event, including state and federal judges;law professors; and attorneys for panels and presentations todiscuss the diverse professions within the practice of law,what it is like being a judge, and the law school experience.

The “Why Choose Law: Diversity Matters” program wascreated to promote interest among students who belong togroups typically underrepresented in law school classes,including racial and ethnic minorities and those with variedreligious, socio-economic, and sexual orientationbackgrounds. The annual program provides the students

with an opportunity to learn about the state and federalcourt systems; participate as a jury in a mock trial demon-stration; tour large and small law firms; and hear a panel ofpractitioners discuss what it is like to practice law.Presenters included both federal and state judges andlawyers.

For more information, contact Adrienne Godfrey Thakur,YLS Secretary/Treasurer, at [email protected] or (859)253-1320.


CLICKwww.kybar.org

KENTUCKY BAR NEWS

SUMMARY OF MINUTESKBA BOARD OF GOVERNORS

MEETINGJUNE 14, 2011

The Board of Governors met onTuesday, June 14, 2011. Officers andBar Governors in attendance were,President B. Davis; President-ElectM. Keane; Vice President D. Myers;Immediate Past President C. English,Jr. Bar Governors 1st District – J.Freed, S. Jaggers; Bar Governors 2nd

District – J. Harris, R. Sullivan; 3rd

District – R. Hay, G. Wilson; 4th

District – D. Ballantine, D. Farnsley;5th District – A. Britton, F. Fugazzi,Jr.; 6th District – T. Rouse; and 7th

District – B. Rowe. Officers and BarGovernors absent were: YoungLawyers Section Chair N. Billings, D.Kramer and W. Wilhoit.

In Executive Session, the Board con-sidered two (2) oral arguments andtwo (2) restoration cases. Malcolm

Bryant of Owensboro, Steve Langfordof Louisville, Roger Rolfes ofCovington and Dr. Robert Strode ofFrankfort, non-lawyer members serv-ing on the Board pursuant to SCR3.375, participated in the deliberations.

In Regular Session, the Board ofGovernors conducted the followingbusiness:• Approved the Consent Calendar.• Approved the FY 2011-2012 KBA

Staff Salaries.

To KBA MembersDo you have a matter to discuss

with the KBA’s Board of Governors?Board meetings are scheduled on

November 18-19, 2011January 20-21, 2012

To schedule a time on the Board’s agendaat one of these meetings, please contact

John Meyers or Melissa Blackwellat (502) 564-3795.

■ In Memoriam

Melissa G. Ash LouisvilleThomas William Beiting NewportPaul Edgar Braden CorbinGerald E. Cahill ProspectJohn David Cooley LexingtonWilburn Kermit Debruler EdmondGerald L. Greene PinevilleJoseph R. Huddleston Bowling GreenGlenn McDonald ProspectLeroy Wesley Rowland VersaillesRobert E. Ruberg Fort WrightMark Thomas Scott BrandenburgS. Russell Smith Jr. LouisvilleWilliam W Stodghill ProspectCarl L. Wedekind Jr. LouisvilleJoseph A. Worthington Louisville

Six Kentucky high school students recently participated in the “WhyChoose Law: Diversity Matters” program sponsored by the Kentucky

Bar Association (KBA) and its Young Lawyers Section (YLS). They are,from left to right, Rachel Cunningham, Maysville; Justice Morton,

Maysville; Roshan Palli, Lexington; Kyle Lightfoot, Frankfort; ArionWright, Lexington; and Trina Thomas, Lexington.

The Louisville Bar Association (LBA) will be hosting its 3rdCelebrate Pro Bono Week October 24-28, 2011. The LBA takesthis special time to recognize all their vol-unteers and their donated legal services tohelp those who cannot afford an attorney.Volunteer opportunities will be availableduring the whole month of October (seebox) and will culminate in special eventsduring the week of October 24. Just a littletime can make a huge difference. For more

information, contact Kate Lindsay, at [email protected] or byphone 502.292.6729.

The KBA’s popular Kentucky Law Update (KLU) program continueswith several dates remaining for 2011, including:• Owensboro, RiverPark Center, Sept. 20-21; • Ashland, Bellefonte Pavilion Theatre, Sept. 27-28;• Gilbertsville, Kentucky Dam Village State Resort Park, Oct. 4-5;• Prestonsburg, Jenny Wiley State Resort Park, Oct. 18-19;• Lexington, Lexington Convention Center, Oct. 25-26;• London, London Community Center, Nov. 2-3;• Louisville, Kentucky International Convention Center, Nov. 30-Dec. 1.

KLU is a unique benefit of KBA membership; Kentucky is the onlymandatory CLE state that provides its members with a means of meetingtheir mandatory CLE hours, including ethics, close to home and withoutadditional payment. KLU programs are offered in nine locations through-out the state each year, with programs recently offered for 2011 inCovington and Bowling Green.

Designed as a service for all KBA members, regardless of level ofexperience, KLU provides an overview of current legal issues, ethicalissues, legislative and rule changes, court decisions and other legal top-ics of general interest which are faced by Kentucky practitioners.

For more information on KLU, visit or contact Jennifer Keitz [email protected] or call (502) 564-3795, ext. 226.

KENTUCKY BAR NEWS

22nd Annual Pike County Bar Association SeminarThe Pike County Bar Association held its 22nd annual Continuing Legal Education Seminar at the Hilton in Myrtle Beach, SC

on July 20 to July 22, 2011.The seminar was free and open to all members of the Kentucky Bar Association. Attorneys from Pike, Floyd, Johnson,

Martin, Fayette, and Jefferson Counties attended the seminar this year. Attendees were able to obtain up to 11.5 hours of contin-uing legal education credit, including 2 hours of ethics credit.

Next year’s seminar is tentatively scheduled for July 18 to July 20, 2012.


Registration Continues for Kentucky Law Update

Richard A. Setterberg of Cincinnatidiscusses different scenarios that cancreate ethical and malpractice issuesduring the recent KLU program.

Kentucky Court of Appeals JudgeMichelle M. Keller provides an updateon recent cases during the KentuckyLaw Update in Covington.

From left, retired Franklin Circuit Court Judge RogerCrittenden, Chief Justice John D. Minton, Jr., and ABAPresident Wm. T. (Bill) Robinson III attend a reception held inRobinson’s honor at the Marriott RiverCenter following theCovington KLU. The reception was sponsored by the NorthernKy. Bar Association, the Ky. Bar Association and the LawyersMutual Insurance Co. of Kentucky.

State Rep. Arnold Simpson, left, and Jeff Sanders, both ofCovington, visit during the recent KLU at the Northern KentuckyConvention Center.

Additional Pro Bono Events Sponsored by the Louisville Pro Bono Consortium• October 4—Expungement Clinic, 2:00 p.m. at Legal Aid Society• October 18 —Call-A-Lawyer, 6:00 p.m. until 8:00 p.m. at the LBA—free pizza included• October 14 & 28 —Pro Se Divorce Clinic, 10:00 a.m. until 12:00 noon

at the Judicial Center—7th & Jefferson• October 23 —Latino Legal Clinic, 2:30 to 4:30 p.m., Beechmont Presbyterian Church • Every Tuesday in October—Foreclosure Clinic, 11:00 a.m. at Legal Aid Society

The Louisville Bar Association to Celebrate Pro Bono


Albany KYLuther C Conner Jr

Ashland KYStephen S BurchettJames E Cleveland III Mark E Greene Roger W Hall Catherine C Hughes W H Jones Jr Harold E Kelley*Sara Beth Klein Thomas Louis Klein David F LatherowRichard W Martin Arloe W Mayne*Gregory L Monge Howard Van Antwerp David O Welch Robert E Wheeler Kenneth Williams Jr

Barbourville KYJohn E AndersonSamuel E Davies Guy Millward Jr

Bardstown KYMichael E CoenThomas A Donan Terry Lane Geoghegan E E Hubbard*John D Hubbard

Beattyville KYThomas Pryse Jones

Benton KYGeorge E Long IIMarvin C Prince*

Bloomfield KYPeggy E Patterson

Bowling Green KYDavid F BroderickRuth Taylor Broderick Kevin C BrooksJames David Bryant*Dwight Montae Burton Joe B Campbell Keith M Carwell John D Cole Matthew Porter Cook Scott K CrockerBarton David Darrell Steve Downey Timothy L Edelen Charles E English Charles E English Jr Douglas Wayne Gott Norman E Harned Catherine Rice Holderfield Robert Dewitt Johnston Robert H Johnston III Scott Donald Laufenberg

Paul Thomas Lawless Kurt William Maier Timothy L Mauldin Christopher D MinixJohn D Minton Jr Frank Hampton Moore Jr William J Parker*H Harris Pepper Jr Whayne C Priest Jr Ryan Clifford Reed William Joseph Rudloff Elizabeth W Sigler George E Strickler Jr Linda Bernice Thomas Steven O Thornton James Brent Travelsted Penny Travelsted*Michael Scott Vitale

Cadiz KYFrank H Wilcox Jr*Clarence A Woodall III

Campbellsville KYAmy Sullivan AndersonGeorge Barry Bertram John D Bertram Phil A Bertram David A Nunery Connie Sue Sullivan

Carrollton KYRuth Helen Baxter

Catlettsburg KYDaniel King III

Corbin KYJ B Johnson JrDavid Barry Jorjani Howard Oliver Mann

Covington KYMark G ArnzenJoseph L Baker Karen Burris Baker Gregory M Bartlett William O BertelsmanWilliam H Bixler*Barbara D Bonar John A Bonar Martin Columb Butler Mary Suzanne Cassidy Richard A CullisonWilliam J Deupree Jr*William J Deupree III Michael Allen Duncan Sharon S Elliston Lori Jean Fields John William Foote Margo L Grubbs David Lewis Hausrath Mary Kathleen Molloy Thomas R Nienaber James A Nolan*John J O’Hara*

Michael J O’Hara William C Oldfield*Ron Parry Roger Peterman Debra Seitz Pleatman Leonard G Rowekamp Donald J Ruberg Michael K Ruberg Robert E Sanders David A Schneider Wilfrid A Schroder Gary John Sergent Michael M Sketch David B Sloan Donald L Stepner Beverly R Storm Philip Taliaferro III Richard E Wentz Donald C Wintersheimer Stephen D Wolnitzek Robert C Ziegler Wilbert Louis Ziegler

Crescent Springs KYJennifer M GatherwrightMartin J Horwitz*

Crestview Hills KYDavid V Kramer

Danville KYDeedra BenthallMerle C Clark Mark Lewis Morgan Eugene B Pflughaupt

Dry Ridge KYThomas C Smith

Edgewood KYHarry David Rankin

Elizabethtown KYReford H ColemanWilliam S Cooper Roger Taylor Rigney

Erlanger KYKathleen Susan LapeThomas L Rouse

Flatwoods KYThomas Cody Wales

Flemingsburg KYWilliam Todd Walton II

Florence KYJeffrey Robert Aylor Joseph F Bamberger William J Kathman Jr William Taylor Robinson III H Douglas Rouse Tasha Kay Scott H Lawson Walker II

Fort Mitchell KYAlbert C Hawes Jr*Martin J Huelsmann James R Kruer Kevin Luke Murphy Michael James Schulte

Fort Thomas KYJ David BenderDonald L Johnson*Kurt J Meier

Fort Wright KYJohn R KummerRaymond E Lape Jr Robert E Ruberg*Paul J Schachter

Frankfort KYWilliam C Ayer JrMark Alan Bubenzer Robert V Bullock John Francis Burnette Morris E Burton M Ronald Christopher Roger L Crittenden Marie Alagia Cull Gregory C Fuchs Charles R Geveden Linda Ann Gosnell William L Graham Geoffrey B Greenawalt Richard M Guarnieri Robert M Hardy Jr Paul C Harnice William G Hart Jr Michael Lee Hawkins Marian J Hayden Sarah Mindwell Jackson Joseph Russell Johnson William E Johnson Michael L Judy*Robert W Kellerman William D Kirkland Erwin Wayne Lewis Samuel Gray McNamara John Scott Mello John Downing Meyers Robert C Moore Carol M Palmore John S Palmore Jr John C Ryan Richard S Taylor J Guthrie True David Holland Vance Dandridge F Walton Thomas Dawson Wingate

Georgetown KYRobert H CornettFrances Marie GeraldsDavid L Knox

Glasgow KYUhel O Barrickman*Henry H Dickinson*

Larry D GarmonBetty Reece Herbert Hiram J Herbert Jr Phillip R Patton Carroll M Redford Jr*John Caldwell Rogers E P Barlow Ropp

Glenview KYVirginia C Burbank*

Grayson KYRobert L CaummisarWilliam Horton Wilhoit

Greensburg KYWilliam Colvin

Greenup KYJohn R McGinnis

Greenville KYL Wayne Cisney*L Wayne Cisney JrWilliam P Donan*

Hardinsburg KYThomas C Brite

Hartford KYAbram V Conway

Hazard KYJeffrey Reed Morgan

Henderson KYCharles D DeepWilliam M Deep Sr*Frank N King Jr Henry C Neel*Elizabeth E Vaughn

Highland Heights KYGerard A St Amand

Hindman KYGary I Conley

Hodgenville KYDamon R Talley

Hopkinsville KYWilliam G Deatherage JrBen S Fletcher III Ken Ray Haggard J Daniel Kemp W Douglas MyersSelden Y Trimble IV*Paul K Turner*

Horse Cave KYRobert B Hensley*

Hyden KYLeonard H Brashear

THE KENTUCKY BAR FOUNDATIONSALUTES ALL FELLOWSThank you for the tremendous support you have provided toward our many programs and projects.


Jackson KYFrank Allen Fletcher

Jamestown KYRobert L BertramJeffrey Hall Hoover Mildred Gail Wilson

LaCenter KYMark Stephen Medlin

LaGrange KYRobert E McBeath

Lakeside Park KYDaniel J Zalla

Lawrenceburg KYGeorge M Geoghegan Jr

Lebanon KYElmer J GeorgeJoseph H Mattingly III

Ledbetter KYTerry Wells

Leitchfield KYDavid B Vickery

Lexington KYArthur E AbshireGlenn Earl Acree John R Adams Stephen G Amato Glen S Bagby Bennett E BayerWinifred B Becker A Stuart Bennett Perry Mack Bentley John Nathanael Billings Anita Mae Britton Robert J Brown William Rodes Brown Wayne Bunch Wayne Thomas Bunch II Thomas H Burnett Karen Caldwell John Melvin Camenisch Jr Rutheford B Campbell Jr Deno C Capello Jr Christopher R Cashen Stanton L Cave Masten Childers II Robert D Clark James C Clay Guy R Colson C Kilmer Combs*Allison Inez Connelly Thomas M Cooper Theodore Emens Cowen Laura Anne D’Angelo Bruce K Davis Sandra Mendez Dawahare James Lee Deckard Larry Colby Deener Laura Day DelCotto Jacqueline S Duncan Robert F Duncan Barbara B Edelman James Derriel Elam Robert L Elliott Edward L Farmer Jr

William H Fortune Carl Norman Frazier Fred E Fugazzi Jr Jim Gardner William R Garmer Julie Muth Goodman Jane E Graham Richard G Griffith Alison Lundergan GrimesJohn T Hamilton Kathleen M W Harris William S Harris Jr C Edward Hastie Lionel A Hawse Dale W Henley George Edward Henry II Kevin G Henry William R Hilliard Jr Lisa English Hinkle Paul C Hobbs*Warren J Hoffmann Richard M Hopgood Glenn Allen Hoskins Robert F Houlihan Jr Elizabeth Snow Hughes John Granville Irvin Jr Sheila R Isaac Lisa Lee Johnson Ernest H Jones II Louis Kawaja John Clarke Keller James Michael Kennedy Carolyn Lips Kenton Ben Lee Kessinger Jr Shelby C Kinkead Jr Henry E Kinser Charles Landrum Jr*Robert Gene Lawson Virginia Lue Lawson R David Lester Rufus Lisle*Bernard F Lovely Jr D G Lynn*Mary Kathryn Manis Lucinda Cronin Masterton William H McCann Denise Hough McClelland Thomas A McConnell Roy B McCoy Jr Douglas L McSwain Mendel Austin Mehr Charles C Mihalek Daniel Harlan Miller Margaret Ann Miller Stephen D Milner Donald P Moloney II Phillip M Moloney Leslie W Morris II*Gordon W Moss Mark E NicholsEileen M O’Brien Stephen M O’Brien III Kimberly Jean O’Donnell Carol B Paisley Lewis G Paisley Charles E Palmer Jr Gregory Paul Parsons L Edwin Paulson Jr Marshall S Peace Peter Perlman J David Porter Jerome Park Prather David F Pratt

George F Rabe Marco Mike Rajkovich Jr Maria G Ransdell James Brian Ratliff Nancy T Ray Barbara S Rea*Carroll Morris Redford III John Regan Rhorer Jr William Brent Rice Henry C T Richmond III Larry S Roberts John M Rogers Jill Hall Rose Leslie Rosenbaum Martha Alice Rosenberg Calvert T Roszell Arthur B Rouse Jr*Stephen M Ruschell Kathryn W Ryan Joshua E Santana Joe C Savage Joseph M Scott Jr Phillip D Scott Billy Ray Shelton Weldon Shouse*William C Shouse Ronald Neal Simon Thomas Bruce Simpson Jr Herbert D Sledd Carson W SmithPerry N Southard Richard W Spears*Andrew Martin Stephens Robert F Stephens*Robert L Swisher John Scott Talbott III Joseph H Terry Adrienne A Thakur William P Thurman Jr James M Todd Jerry D Truitt Robert J Turley Job D Turner III Walter W Turner Richard H Underwood Paul C Van Booven*Palmer Gene Vance II Laurance B VanMeter Lucy Bryans VanMeter*Richard Elgin Vimont Leslie P Vose Donald D Waggener Dana Walton-Macaulay Robert M Watt III Harold Roy Weinberg Linsey Walker West Jackson W White Frederick W Whiteside Jr*Timothy C Wills Natalie S Wilson Jo Ann Wise Catesby Woodford Jeff A Woods Joseph J Zaluski

London KYBruce Russell BentleyBradford L Breeding Martha Lynne Brown Michael Odell Caperton Robert E Cato*Bridget Leigh Dunaway Jane Winkler Dyche

Robert W Dyche III Felix Preston Farmer V Katie Gilliam Brian Carter House John Warren Keller McKinnley Morgan Clayton O OswaldHugh M Richards Marcia Milby Ridings Warren N Scoville James R Stansbury Roy W Tooms

Louisville KYEdward C AirhartD Paul Alagia Jr Kenneth Lee Anderson Kathryn Ross Arterberry John A Bahe JrDouglas Cain Ballantine John Tilden Ballantine W Robinson Beard Jeffrey A BeenWilliam A Blodgett JrMorris B Borowitz*Robert G Breetz David C Brown Alan O Bryant Bradley A CaseJoseph L Cashen Charles H Cassis Charles S Cassis*John Gregory Catron Leonard S Chauvin Jr Dennis M Clare Richard H C Clay Robert H Compton Stewart E Conner Francis Thomas Conway Brian D CookFrederic J Cowan Donald L Cox Charles J Cronan IVJohn R Cummins Mark B Davis Jr William W Davis Joseph M Day Frank P Doheny Jr A Robert Doll* Robert L Durning Jr Marshall P Eldred Jr Linda S Ewald Robert Charles Ewald Douglass Farnsley Thomas Wesley Faulkner Thomas L Ferreri Jon L Fleischaker Dawn Rachele Franklin Larry B Franklin Ronald L Gaffney Sheldon G Gilman Charles E Glasscock Charles D Greenwell William D Grubbs Asa P Gullett III Kevin J Hable Frank E Haddad Jr*Robert Haddad Michael R Hance James E Hargrove Fred Hatmaker Kenneth G Haynes Joseph B Helm

Henry R Heyburn*John G Heyburn II Sheila P Hiestand Gary Robert Hillerich Ronald P Hillerich Frank P Hilliard Robert C Hobson*Elizabeth M Jenkins A Thomas Johnson David Seth Kaplan Joseph J Kaplan*Margaret E Keane Charles Dant Kearns*Edward Michael King Nicholas N King William Lee Knopf Robert Allen Kohn Eric M Lamb William W Lawrence Laramie L Leatherman*Marc H Levy Barbara B Lewis Jeremiah A Lloyd*Kristin N Logan Jane Long John M Longmeyer Allison J Maggiolo Armer H Mahan Jr Samuel Manly John R Martin Jr William E McAnulty Jr*Patrick S McElhone Lawrence K McElwain* William F McMurry Henry Meigs II Francis J Mellen Jr Creighton E Mershon David R MonohanElmer E Morgan*Gerald A Neal Joseph C O’Bryan Michael J O’Connell Dulaney Lee O’Roark Jr Ann B Oldfather John S Osborn Jr Peter Ostermiller William R Patterson Jr Edwin H Perry Glenn A Price Jr Rebekkah Bravo Rechter Henry M Reed III John S Reed II Albert F Reutlinger*Charles E Ricketts Jr Jonathan S Ricketts Michael D Risley Don W F RodgersLaura RothsteinArthur Adams Rouse William Paul Ryan Jr George Salem Jr*Glenn L Schilling John Edmund Selent James Marion Shake Richard D Shapero*Wm Kennedy Simpson Leroy E Sitlinger JrAlan T Slyn* John L Smith Raymond G Smith S Russell Smith Jr*Sheryl G Snyder Dennis James Stilger


John H Stites III Joseph E Stopher*R James Straus William C Travis Donald H Vish Jeffrey E Wallace David L Waterman*Irwin Gerald Waterman Alvin D Wax Robert Kent Westberry Joseph L White Helene Gordon Williams Lively M Wilson*Laurence John Zielke

Madisonville KYDick Adams*Joe A Evans IIIRichard L Frymire Jr Leif Christian Ratliff Ross Thomas Turner*Thomas E Turner

Manchester KYRoy Glenn CollinsRobert S Madden Phyllis L Robinson

Mayfield KYDavid Lee Hargrove

Maysville KYDelores Woods BakerJames L Clarke Charles L Kirk*Debra Suann Rigg Ronald Lee Rigg

McKee KYSharon Kay Allen

Middlesboro KYGlenn W Denham*

Monticello KYJeffrey Carl Hoehler

Morganfield KYBrucie W MooreJ Quentin Wesley

Mount Vernon KYJeffrey Thomas BurdetteCarl R Clontz Willis G Coffey Jerry J Cox William D Gregory Joseph E Lambert William Darlos Reynolds

Murray KYGerald Lynn BellWilliam Donald Overbey*

Newport KYSteven Joseph FranzenJohn E Lange III Scott D McMurray Virginia J Southgate

Nicholasville KYWilliam Miles ArvinWilliam Miles Arvin Jr

Charles M Dixon Howard Neal Downing Brian Thomas Goettl David R Irvin David Russell Marshall Ellen Lesley Miller Mark Thomas Miller William E Savage II Bruce E Smith David William Thomas John Matthew Tranter

Owensboro KYFrank Anthony BrancatoDaniel M Burlew II Joseph W Castlen III Candy Yarbray Englebert William J Foreman James F Gordon Jr John Sale Gordon Julia H Gordon Maurice K Gordon II Allen W Holbrook Morton J Holbrook Jr*Edward L Johnson Trafton Tommy Littlepage Thomas J Meyer Charles E Moore Jesse T Mountjoy Jean Owen-Miller R Scott Plain John W Stevenson R Michael Sullivan Ronald Michael Sullivan Jeffrey Stuart Taylor George Thacker James Simpson Watson James A Wethington II William L Wilson*David L Yewell

Paducah KYStacey Ann BlankenshipDavid C Booth James D Boswell Gorman Bradley Jr Mark P Bryant Glenn David Denton W David Denton Lisa Hayden Emmons Jonathan Freed Edwin Spivey Gault Francis T Goheen*John Wm (Bill) Graves Gary B Houston J William Howerton Theodore S Hutchins David Lyle Kelly Thomas J Keuler L Daniel Key Len W Ogden Jr Thomas L Osborne William E Pinkston Jonathan D Pitchford Emily M W Roark Richard C Roberts Thomas B Russell Charles A Saladino*William Kevin Shannon G David Sparks E Frederick Straub Jr Richard L WalterB M Westberry*

Henry O Whitlow*Mark C Whitlow Melissa Kerley Yates

Paintsville KYDonald L JonesJonathan C ShawParis KYG Davis Wilson

Park Hills KYBenjamin M Duncan

Pewee Valley KYM Gene Snyder*

Pikeville KYEdward B AtkinsCharles J Baird David Louis Baird John H Baird Virginia Kirk Baird William J Baird III William Jesse Baird IVSam Allen Carter Jr Donald Howard Combs Robert Paul Combs Steven Daniel Combs Jeffrey Dale Damron Russell H Davis Jr Howard Keith Hall James Lincoln Hamilton Glenn Martin Hammond Anita Parsons Johnson Gary C Johnson Edward Lee Jones Paul E Jones Lois Anita Kitts James Scott Kreutzer Neal Smith Jonah Lee Stevens Daniel P Stratton David C Stratton Jim G Vanover Terri Smith Walters Lawrence R Webster

Pineville KYStephen C Cawood

Prestonsburg KYWilliam G FrancisWilliam S Kendrick Earl Martin McGuire Benita Joy Riley John M Rosenberg Robert Allen Rowe Jr Thomas M Smith Burl W Spurlock

Princeton KYBill CunninghamJ Luke Quertermous

Prospect KYPhillip E Allen*Raymond M BurseJohn E Clontz

Radcliff KYRaymond T Bennett

Richmond KYJames Walter BaechtoldDavid L Bohannon James S Chenault Michael R Eaves Barbara Alison Emmons Michael F Eubanks James T Gilbert Jerry William Gilbert William Baxter Jennings*William T JenningsSusan Dabney Luxon John Judson Patterson Gregory Keith Puckett Mark Allen Shepherd Daniel Allen Simons James E Thompson Reuben G Walker Jr C Michael Weldon

Shelbyville KYGregg Y Neal

Shepherdsville KYThomas B GivhanElise Givhan Spainhour John E Spainhour Jr

Somerset KYCharles C Adams*Norma B AdamsElizabeth K BroylesWilliam T Cain Melinda G Dalton John Sanders GillumRobert E Gillum*Benny E Ham*Rhonda G Hatfield-Jeffers Richard Wayne Hay Arden Winter Huff Mark D Knight Sarah Hay Knight Jay D McShurley Donald Bruce Orwin Brenda Popplewell John G Prather Jr Larry Sword Daniel J Venters Jane Adams Venters

Stamping Ground KYDavid C Short

Stanford KYRobert R BakerJames W Williams III*

Union KYAnthony W FrohlichDavid Wayne Martin Henry L Stephens Jr

Versailles KYJanis Elaine ClarkMarilyn S Daniel Todd S Horstmeyer William A Hoskins IIIColvin P Rouse Sr*James Dedman Rouse Leroy Wesley Rowland*Julia Kurtz Tackett Elizabeth J Turley

Villa Hills KYKathie E GrishamDennis W VanHouten*

Walton KYJohn R S Brooking*

Warsaw KYMeredith L Lawrence

Wickliffe KYWilliam Lewis Shadoan*

Williamsburg KYBenjamin K Davis

Winchester KYWilliam R PumphreyJohn H Rompf Jr Robert L Rose

Out of StateAnne N Awtrey Michael H BakerJeffrey Scott BakstDavid Leo Beckman Jr Ann K BenfieldHoward C BerryJohn H BurrusCharles R BurtonJames D Chittenden*Nancy Jo Cotton Benjamin CowgillRobert I Cusick JrHerman G Dotson*Diana Kay Douglas Henry DurhamThomas Lee Feazell Manley N FeinbergGordon B Finley Jr Christy Lynn Fiori Robert E Harding Jr*James G Harralson James D HeipleJames W Hendricks*Lanny R Holbrook Eric Scott Horstmeyer Elizabeth Ann Horwitz Harold K HuddlestonGregory A Keyser Harry M Mack*John Scott McGaw*Elizabeth U MendelJohn Lewis D Payne JrAlice Graham RhodesGeorge D SchraderDavid V Scott James J Shannon JrRobert E Spurlin R Lee Steers JrJames Gordon Stephenson Richard P ThomasFrank C Woodside III

*Deceased Fellow

WHO, WHAT, WHEN & WHERE


ON THE MOVEFrost Brown Todd LLC is pleased toannounce Brian S. Duba has rejoinedthe firm as a senior associate in theBusiness Combinations & SecuritiesPractice Group. Duba formerly prac-ticed at Frost Brown Todd from 2005-2010, before leaving to act as in-housecounsel at Employee Resource Group inHazard, Ky. He concentrates in the areaof general corporate law and hasassisted clients in investigating, docu-menting and executing private equityofferings, mergers, equity interest sales,asset sales, debt financings and otherbusiness transactions including commer-cial and mineral leases and other pur-chase, sales and distributorshipagreements. Duba received his lawdegree from the University of KentuckyCollege of Law in 2005 and he receivedhis undergraduate degree summa cumlaude in accounting from the Universityof Kentucky in 2002.

Fultz MaddoxHovious & DickensPLC is pleased toannounce thatChristine A.Sebourne has joinedthe firm as an associ-ate and will maintainher practice in com-mercial litigation.Sebourn spent the first

two years of her legal practice as a gen-eral litigation associate at a large inter-national law firm in New York City,where she worked on a range ofantitrust, securities, and other complexcommercial litigation matters. She thenserved for two years as a law clerk tothe Honorable Faith S. Hochberg of theUnited States District Court for theDistrict of New Jersey in Newark.Sebourne is a graduate of the DartmouthCollege and earned her J.D. fromStanford Law School in 2006.

Strauss & Troy is pleased to announcethe addition of Joy L. Hall as an associ-ate at the firm. Hall brings nearly 10years of practice to the firm with a con-centration in federal, state and local taxissues including audits, collection mat-

ters and fraud. She hasexpertise in white-col-lar criminal defenseincluding criminal tax.She also practicesstate and local tax lawincluding audits, col-lection matters anddisputes. Hall is amember of the follow-

ing organizations: Kentucky BarAssociation; Northern Kentucky BarAssociation; Cincinnati Bar Association;American Bar Association Tax Groupand the Northern Kentucky Tax andBusiness Group.

The law firm ofO’Bryan, Brown &Toner, PLLC, ispleased to announcethat Kristie AlfredDaugherty has joinedtheir Louisville officeas an associate attor-ney. Daughertyattended WesternKentucky University

and graduated summa cum laude in2003 with a B.A. in political science. In2006, she received her J.D. from theUniversity of Kentucky College of Law.Daugherty is a member of the JeffersonCounty Women Lawyers Association,currently serving as vice president ofmembership, and she is a board memberof Exploited Children’s HelpOrganization (ECHO). Her primaryareas of practice at O’Bryan, Brown &Toner include insurance defense litiga-tion cases involving matters of medicalmalpractice, tort claims, product liabil-ity, and insurance coverage.

Lucas A. Davidsonhas joined the lawfirm Kerrick StiversCoyle, PLLC, as anassociate in theBowling Green office.Davidson obtained hislaw degree from theUniversity ofLouisville Louis D.

Brandeis School of Law and his B.A.from Western Kentucky University.Davidson comes to the firm as a former

staff attorney with the Commonwealthof Kentucky Judiciary and will practicein the areas of personal injury litigation,construction litigation, commercial liti-gation, business law and real estate law.

Fisher & Phillips LLP, a national laborand employment law firm, announcesthat Wendy Hyland has joined thefirm’s Louisville office as Of Counsel.She represents employers in all aspectsof employment law, handling claimsinvolving the full complement ofemployment statutes, including theAmericans With Disabilities Act, theFamily and Medical Leave Act, Title VIIof the Civil Rights Act, the AgeDiscrimination in Employment Act, theKentucky Civil Rights Act, and relatedtort and contract claims. She is a mem-ber of the University of Kentucky LawAlumni Board of Directors. In lawschool, Hyland was a member of theKentucky Law Journal. Prior to enteringprivate practice, Hyland completed aclerkship with the Kentucky SupremeCourt, Honorable James E. Keller (Ret.).

L. Reed Lorch hasjoined the BeckerLaw Office as anassociate attorney inthe Lexington office.His past experienceinside an insurancecompany providesvaluable perspectiveon all areas of personal

injury law. Lorch earned his undergradu-ate degree at the University of Kentuckyand his law degree from NorthernKentucky University Salmon P. ChaseCollege of Law.

Littler Mendelson,P.S.C. (Littler), thenation’s largestemployment and laborlaw firm representingmanagement, hasadded Christi R. Leeas an associate to thefirm. Lee joinsLittler’s expanding

Kentucky office, located in Lexington,and servicing businesses throughout thestate. Lee brings with her successful liti-

Christine A.Sebourne

Joy Hall

Kristie A.Daugherty

L. Reed Lorch

Christi R. LeeLucas A. Davidson

gation experience representing clientsbefore administrative agencies, and inboth state and federal courts. Prior tojoining Littler, she practiced withJackson Kelly PLLC, where she focusedon civil litigation defense, as well asemployment law. Lee also served as lawclerk to the Honorable Karen K.Caldwell, United States District Judge,Eastern District of Kentucky. Leereceived her J.D. from the University ofKentucky College of Law and B.A.from the University of Kentucky.

Frost Brown Todd LLC welcomes twonew attorneys into the Louisville office.Michael Hearon and James B.Metzger, Jr., have joined the firm in theInsurance & Tort Defense PracticeGroup. Hearon formerly practiced atFrost Brown Todd from 2006-2009,before pursuing his Master of businessadministration at GeorgetownUniversity. Hearon received his lawdegree from the University of KentuckyCollege of Law, where he was a mem-ber of the Journal of Natural Resourcesand Environmental Law. Prior to gradu-ating law school, he served as intern forChief Justice Joseph Lambert and theSupreme Court of Kentucky. Metzgerjoins the firm as an associate and gradu-ated from the University of KentuckyCollege of Law in 2009, where he was amember of the Kentucky Law Journaland the Moot Court National Team. Hewas also a Law Clerk to Deputy ChiefJustice Mary C. Noble on the KentuckySupreme Court until early 2011. Prior tolaw school, Metzger received his under-graduate degree in religion from CentreCollege. He also manages a thorough-bred racing syndicate.

Dressman BenzingerLaVelle is pleased toannounce that KristaJ. Roettger hasjoined the firm as anassociate. Roettger isan associate practic-ing in the firm’sCommercialTransactions,

Commercial Litigation and TaxationPractice Groups. Prior to joining thefirm, Roettger worked in assurance and

advisory services for a global account-ing firm in Washington, D.C., and wasthe legislative correspondent for formerCongressman Ken Lucas. She also hasseveral years of experience in litiga-tion. Roettger received her bachelor’sdegree in accounting from theUniversity of Kentucky and her lawdegree from The Catholic University ofAmerica, Columbus School of Lawwhere she received the Dean’s Awardfor her work in the Tax Law Society.Roettger is a member of the Kentuckyand Ohio Bar Associations and is alsoa Certified Public Accountant in theCommonwealths of Virginia andKentucky.

Miller Wells PLLC ispleased to announcethat Casey L. Hinklehas joined itsLouisville office as anassociate, after prac-ticing for five years inthe New York officeof Latham & WatkinsLLP. Hinkle is a grad-

uate of the University of LouisvilleLouis D. Brandeis School of Law andCornell University Law School, whereshe was an editor of the Journal of Lawand Public Policy. While at Latham,Hinkle handled a wide range of com-plex civil and criminal litigation mat-ters, including securities litigation,contract matters, professional liabilityissues, bankruptcy litigation and gov-ernment investigations. Hinkle was alsovery active in Latham’s pro bono prac-tice, achieving successful outcomes forher clients in wage and hour, housingdiscrimination, and immigration mat-ters, and earning three awards from theNew York Legal Aid Society for provid-ing outstanding representation to NewYork’s under-served communities.

Charles W. Curryhas joined BowlesRice McDavid Graff& Love LLP in an OfCounsel capacity inthe law firm’sLexington office.Curry will focus hispractice in the areas of

business and probate litigation. Curryhas practiced law in Kentucky since1968, after graduating from theUniversity of Kentucky College of Law.He is a member of the Fayette CountyBar Association, the Kentucky BarAssociation and its probate and civil lit-igation sections.

Goldberg Simpson ispleased to announcethat Kelley Rule hasjoined the firm as anassociate in theInsurance Defenseand GeneralLitigation PracticeGroup. Rule gradu-ated from Berea

College with a B.A. in German and his-tory, from the University of Kentuckywith a Master’s of Arts in German, andfrom Eastern Kentucky University witha Master’s of Science in criminal jus-tice. She graduated from NorthernKentucky University Salmon P. ChaseCollege of Law in 2003, and was admit-ted to the Kentucky Bar in 2004.

Debra L. BrozAttorneys-at-Law,PLC, is pleased toannounce thatDarren K. Mexic hasbeen named partner.Mexic has been anassociate with thefirm since 2003 andhas established an

impressive bankruptcy practice, as wellas estate and divorce. Mexic receivedhis B.A. from Western KentuckyUniversity and his J.D. from theNorthern Kentucky University SalmonP. Chase College of Law.

Dinsmore & Shohl is pleased toannounce that Wayne Wilson andKatherine Langan have joined thefirm. Wilson and Langan are making themove from Goldberg Simpson toDinsmore & Shohl’s Louisville office.Wilson joins the firm as a partner in theFamily Wealth Planning Practice Group.He focuses his practice on complexestate planning, fiduciary representationand complex trust and estate administra-



Casey L. Hinkle

Kelley Rule

Darren K. Mexic

Charles W. Curry

Krista J. Roettger

tion. Wilson has extensive experience inthe business arena where he advisesclosely held businesses, communitybanks and physician practice groups onstrategic decisions, mergers and acquisi-tions and contract negotiation. Prior tojoining the firm, he managed GoldbergSimpson’s Trusts and Estates Group.Wilson earned his J.D. from theUniversity of Louisville Louis D.Brandeis School of Law and his B.A.from Transylvania University. Langanjoins the firm as an associate in theFamily Wealth Planning Practice Group.Her practice focuses on estate planning,fiduciary representation and probatematters. Langan earned her J.D. from theUniversity of Kentucky College of Lawand her B.A. from Vanderbilt University.

Frost Brown Todd LLC is pleased toannounce Angela S. Burchett hasjoined the Louisville office as counselin the Real Estate and Lending andCommercial Services Practice Group.She represents national lenders in con-nection with commercial real estate andcapital markets transactions. Prior tojoining the firm, Burchett was a partnerat Stites & Harbison PLLC. Burchettreceived her law degree cum laude fromthe University of Louisville Louis D.Brandeis School of Law in 1995, whereshe was a staff member of the Journalof Law and Education and her under-graduate degree in accounting summacum laude from the University ofKentucky in 1992. In addition, she is afounding member and former boardmember of CREW Louisville, Inc. —Commercial Real Estate Women, anassociation for women in the commer-cial real estate industry.

Greenebaum Doll & McDonald PLLCis pleased to announce that Mark H.Oppenheimer has been named deputychairman of the firm’s Louisville office.Oppenheimer joins Mark T. Haydenand David A. Owen as deputy chairmenof the firm’s Greater Cincinnati andLexington offices, respectively.Oppenheimer succeeds Patrick R.Northam, who served as deputy chair-man of the Louisville office for overtwo years. After nine years of servingmultiple roles in firm management,

Northam elected to step down as deputychairman to once again serve his clientson a full-time basis. He will continue topractice in the areas of corporate, merg-ers & acquisitions, and energy & naturalresources law. Oppenheimer is a mem-ber of the firm’s Estate Planning, Healthand Insurance Practice Group, and is theFamily Business Team co-chair. He con-centrates his practice on business suc-cession, estate planning and estateadministration for individuals, familiesand businesses. He received his bache-lor’s degree from the University ofFlorida and his law degree from theUniversity of Louisville Louis D.Brandeis School of Law.

The law firm ofRobinson & Epling,PSC, in Lexington ispleased to announcethat David P. Kaiserhas joined the firm asan associate. Kaisergraduated fromDenison University in1999 and the

University of San Diego School of Lawin 2007. He will focus his practice onthe defense of physicians, hospitals, andhealth care professionals in all courts inthe Commonwealth of Kentucky.

Amanda Mullaneyhas joined the BeckerLaw Office as anassociate attorney inthe Louisville office.Mullaney focuses herpractice in the area ofdisability, particularlyclaims denied by theSocial Security

Administration, the Commonwealth ofKentucky Retirement System and inother areas of disability. Mullaney earnedboth her undergraduate degree and lawdegree from Washington University inSt. Louis. She is admitted to practice lawin both Missouri and Kentucky.

Fultz Maddox Hovious & DickensPLC is pleased to announce thatJennifer Metzger Stinnett has beenelected a member of the firm. Stinnettwill maintain her practice in commercial

litigation, includingrepresentation ofmajor healthcare com-panies in business dis-putes and other healthcare-related matters,defending productmanufacturers andpremises owners intoxic tort, products lia-bility, and personal

injury cases, employment litigation onbehalf of plaintiffs and defendants, andmost recently trust and estate litigation.A native of Louisville, Stinnett came tothe firm in January 2007 from theWashington, D.C., office of a largenational law firm. Stinnett is a graduateof the University of Notre Dame andearned her J.D. from the University ofKentucky College of Law in 2003.

Adams Law Office inMurray is pleased toannounce that formerCourt of AppealsJudge David C.Buckingham hasjoined the firm OfCounsel. After servingas a district judge andcircuit judge forCalloway and

Marshall counties for 15 years,Buckingham served as a Court ofAppeals judge for 14 years, includingthe last five as a senior judge.Buckingham has returned to privatepractice and joins Wm. C. “Chip”Adams, III, in the general practice oflaw. Buckingham is also a trained medi-ator and offers mediation/arbitrationservices statewide.

DelCotto Law Group PLLC is pleasedto announce the hiring of J. WesleyHarned as an associate attorney in itsdebt restructuring firm. Harned receivedhis J.D. from the University ofKentucky College of Law in 2009. Heholds an MBA from the UK GattonSchool of Business and a Bachelor’sdegree from the University of Kentuckyin business administration. Harned isthe current chair of the Law StudentOutreach Committee for the KBAYoung Lawyers Section.



David P. Kaiser

Jennifer MetzgerStinnett

David C.Buckingham

Amanda Mullaney


I. Joel Frockt & Associates is pleasedto announce that Laura B. Grubbs hasjoined the firm as an associate attorney.Grubbs will concentrate her practice inthe areas of family law, estates, andcivil litigation. Grubbs received her J.D.from the University of Louisville LouisD. Brandeis School of Law, magna cumlaude, and B.S. from the University ofEvansville, magna cum laude.

The law firm of Lucas & Dietz, PLLC,is pleased to announce that Sarah C.Rogers has joined the firm as an associ-ate attorney. She will concentrate herpractice in the areas of workers’ com-pensation defense and business litiga-tion and be resident in the firm’sFlorence office.

Thompson Miller &Simpson is pleased toannounce that KristenFowler has joined thefirm as an associate.Fowler received herB.A. from HanoverCollege and her J.D.in 2007 from IndianaUniversity School of

Law where she was a managing editorof the Indiana Law Journal. She previ-ously served as a judicial clerk toMagistrate Judge Tim A. Baker of theU.S. District Court for the SouthernDistrict of Indiana and as a judicialclerk to Associate Justice Theodore R.Boehm of the Indiana Supreme Court.Fowler will be practicing in the fields ofcommercial and healthcare litigation.

Sturgill, Turner, Barker & Moloney,PLLC, is pleased to announce thatLauren Armstrong Parsons has joinedthe firm as its marketing director.Parsons comes to Sturgill Turner fromPreston-Osborne MarketingCommunications & Research, where sheprovided marketing and public relationssupport for clients in the equine, educa-tion, legal, non-profit and municipal sec-tors, managed political campaigns andlobbied the state legislature. Parsonsgraduated from the University ofKentucky College of Law in 2008, andwas a member of the Journal of NaturalResources and Environmental Law.

During law school, she worked for theLegislative Research Commission as agraduate fellow with the Appropriationsand Revenue Committee, then as a lawclerk with Sturgill Turner. In 2004, sheearned a B.A. in both political scienceand public relations from WesternKentucky University. Parsons is a mem-ber of the Kentucky and Fayette CountyBar Associations.

Kentucky Elderlaw,PLLC, is pleased toannounce its newestassociate Misty ClarkVantrease. Vantreasereceived her B.A.summa cum laudefrom Murray StateUniversity in 1998and graduated fromthe University of

Louisville Louis D. Brandeis School ofLaw in 2001. Vantrease has spent thelast 10 years as an assistant publicdefender; first in the general trial divi-

sion and then in the Capital Division.Vantrease will focus entirely on elderlaw. She will assist older citizens andfamily members on a wide range ofissues including nursing home,Medicaid, asset preservation, legal doc-uments, guardianship, probate andrelated matters.

Charles H. Pangburn III recently wasnamed chief legal officer and generalcounsel for UC Physicians, the multi-specialty practice group for UC Healthand the UC College of Medicine.Pangburn previously served in the Officeof General Counsel of the University ofCincinnati and provided legal support tothe Academic Medical Center and theUniversity’s Office of Research.

Roger L. Nicholson has decided torejoin Jackson Kelly PLLC, after sixyears as senior vice president, secretaryand general counsel at International CoalGroup, Inc. (ICG), which was recentlyacquired by Arch Coal. Prior to ICG,


Kristen Fowler

Misty ClarkVantrease

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Nicholson was a mem-ber of Jackson Kelly(first joining the firmin 2002). Nicholsonhas more than 25years of experience inthe coal and naturalresources industries.His broad industryexperience includesacquisitions and

divestitures, coal supply arrangements,complex commercial litigation, leasingand other commercial transactions aswell as experience in each of thenation’s major coal-producing basins.

Ferreri & Fogle, PLLC, is pleased toannounce the addition of four newassociates to its Kentucky offices:Rachel Volk, J. Kyle DeSpain, AdamAdkins and Mark Yurchisin II. Volkreceived her B.A. in English fromBradley University in 2005 and her J.D.from Mercer University, Walter GeorgeSchool of Law in 2008. Since that timeshe has practiced in the area of bank-ruptcy. She has joined the firm as anassociate and will be working out ofFerreri & Fogle’s Lexington office inthe practice area of workers’ compensa-tion defense and federal black lungdefense. DeSpain received his B.A. insociology from Hanover University in2001 and his J.D. from NorthernKentucky University Salmon P. ChaseCollege of Law. He has previouslypracticed in the area of bankruptcy. Hehas joined the firm as an associate andwill be working out of Ferreri &

Fogle’s Lexington office in the practicearea of workers’ compensation defenseand subrogation. Adkins received hisB.S. in business administration fromWest Virginia University in 2000 andhis J.D. from West Virginia UniversityCollege of Law in 2004. He has previ-ously practiced in the areas of subroga-tion, personal injury, and propertydamage among other practice areas. Hehas joined the firm as an associate andwill be working out of Ferreri &Fogle’s Lexington office in the practiceareas of civil litigation, insurancedefense, and workers compensationdefense. Yurchisin received his degreein economics and political science fromHanover University in 2001 and hisJ.D. from Northern KentuckyUniversity Salmon P. Chase College ofLaw. He has practiced in the area ofbankruptcy. He has joined the firm asan associate and will be working out ofFerreri & Fogle’s Bowling Green officein the practice area of workers’ com-pensation defense and general liabilitydefense.

Ted G. Hathaway hasjoined the law firmKerrick StiversCoyle, PLLC, as anassociate in theElizabethtown office.Hathaway obtained hislaw degree fromUniversity of Florida,Levin College of Law

where he graduated with honors, and hisB.S. from Miami University. Hathaway

comes to the firm as a former NavalOfficer with a strong background incommercial transactions and financing,including, real estate purchase, con-struction, acquisitions, leasing, commer-cial sales, corporate acquisitions andzoning.

IN THE NEWSGreenebaum Doll & McDonald PLLCis pleased to announce that David A.Owen, deputy chairman of the firm’sLexington office, has been re-elected tothe Board of Directors of OmegaProtein Corporation (NYSE: OME), aHouston, Texas-based nutritional ingre-dient company. Owen also serves onOmega Protein’s Corporate Governanceand Nominating Committee. OmegaProtein is a nutrition and wellness com-pany dedicated to delivering healthyproducts to the animal, human and plantnutrition industries. Owen is a memberof Greenebaum’s Litigation and DisputeResolution Practice Group. His practiceincludes environmental, agribusiness,toxic tort, anti-trust and constructionmatters, as well as all types of businessdisputes. He also counsels clients onenvironmental permitting and enforce-ment matters. Owen received his bache-lor’s degree from Clemson Universityand his law degree from NorthernKentucky University Salmon P. ChaseCollege of Law.

Stoll Keenon Ogden PLLC is pleased toannounce that attorney Carl Frazierwas selected to participate in the 2012Leadership Lexington class. Frazierjoined the firm in 2007 and is an associ-ate in the firm’s Lexington office.Frazier is a member of the firm’s Tort,Trial and Insurance Services PracticeGroup. Involved in the community,Frazier serves on the TransylvaniaUniversity Alumni Executive Board, asthe vice president of the LexingtonOpera Society and as the vice-chair ofthe Kentucky Bar Association YoungLawyers Section. Leadership Lexingtonis a leadership development programsponsored by Commerce Lexington Inc.and directed toward individuals whodemonstrate leadership qualities.



Roger L.Nicholson

Ted G. Hathaway

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Ohio State Bar Foundation (OSBF)President Keith A. Ashmus is pleased toannounce that Anthony G. Covatta hasbecome a fellow of the foundation andwill participate in the 2011 FellowsClass. Covatta is a partner at The DrewLaw Firm Co., LPA, where he practicesin the areas of corporate law, labor andemployment law, general litigation, fran-chising and real estate law. Covatta alsoserves as a volunteer arbitrator for theHamilton County Common Pleas Court.Membership in the foundation is anhonor extended to those lawyers andjudges who adhere to the highest idealsof the legal profession and are dedicatedto serving their communities. Each yearthe foundation invites civic-mindedlawyers to become part of a FellowsClass. Over the course of 18 months, thefellows volunteer their time to a projectthat promotes the foundation’s mission ofimproving the justice system and enhanc-ing public understanding of the law.

Greenebaum Doll & McDonald PLLC ispleased to announce that Mark A. Loyd,a member in the firm’s Louisville office,has been re-appointed as co-chair of theInstitute for Professionals in Taxation(IPT)/American Bar Association (ABA)Advanced Property Tax SeminarCommittee. Loyd will serve as one offive chairs appointed by IPT for theIPT/ABA Advanced Property TaxSeminar Committee. IPT was founded in1976 and is a non-profit educationalassociation serving over 4,400 membersrepresenting approximately 1,450 corpo-rations, firms, or taxpayers throughoutthe United States and Canada. Loyd ischair of Greenebaum’s State and LocalTax Team and is a member of the firm’sTax and Finance Practice Group. Hisareas of practice concentration are state,local and federal tax controversy resolu-tion, litigation and planning. Loydreceived his bachelor’s degree fromBellarmine College, his MBA from theUniversity of Louisville and his J.D.from the University of Louisville LouisD. Brandeis School of Law.

Frost Brown Todd partner, Jason C.Williams, received the University ofKentucky College of Law YoungProfessional Alumni Award. The award

recognizes one alumnus each year, whohas graduated from the college in thepast 10 years. According to the college’sdescription, award recipients have,“…distinguished herself or himself pro-fessionally, in her or his community, orin some other fashion.” Practicing out ofthe firm’s Louisville office, Williamsserves as the head of the firm’s Franchiseand Distributions Service Team. He con-centrates in the area of corporate lawwith an emphasis in franchise law andmergers and acquisitions of public andprivate companies. In 2010, Williamswas recognized within the firm as one ofFrost Brown Todd’s Mentors of the Year.Williams is actively involved in his com-munity, serving as a board member of theFamily & Children’s place. He is a men-tor/liaison for the Whitney M. YOUNGScholars program through the LincolnFoundation. Williams is also a volunteermentor at Louisville Central HighSchool’s Law and government MagnetProgram. Williams received his J.D. atthe University of Kentucky College ofLaw in 2003 and is actively involved inUK’s alumni initiatives, serving annuallyas a presenter on the alumni panel for theUniversity of Kentucky College of LawDiverse Student Day to aid the universityin its efforts to recruit minority candi-dates. Prior to law school, Williamsearned his Bachelor’s degree at YaleUniversity in 2000 with a major in eco-nomics.

DelCotto Law Group PLLC is pleasedto announce that associate attorneyAmelia Martin Adams has beenawarded the Betty Hoopes VolunteerService Award from the Bluegrass Trustfor Historic Preservation. This award ispresented annually to a volunteer fromthe trust’s Antique and Garden Showcommittee. Adams served as the show’sPreview Party chair and as the cateringliaison for the 2011 year. The Antiqueand Garden Show is the biggestfundraiser of the year for the BluegrassTrust which is a non-profit advocacygroup that works to protect, maintain,enhance and promote historic buildingsand locations in Lexington and the sur-rounding areas. Adams has also beenaccepted into the 2011–2012 class ofLeadership Lexington.

Adams, Stepner,Woltermann &Dusing PLLC ispleased to announcethat Jessica Rawe hasbeen selected into thisyear’s LeadershipNorthern KentuckyClass of 2012. Themission of the class is

to provide the Northern KentuckyLeadership Foundation with a lifelongcommitment to leadership by creatingawareness of key issues that affect theNorthern Kentucky/Cincinnati regionand to challenge emerging, as well asexisting community leaders, to bringpositive changes in the communitythrough informed leadership. Rawe isan associate at the firm. She practices inthe areas of estate planning, probate andtrust administration, taxation, and busi-ness representation and transactions.Rawe is a member of the Kentucky andOhio State Bar Associations, as well asthe Northern Kentucky and CincinnatiBar Associations. She received her B.A.from the University of Louisville in2003 and graduated from the Universityof Kentucky College of Law in 2006.

Ryan C. Edwards, anattorney in theLitigation Departmentof Taft Stettinius &Hollister LLP, hasbeen selected to partic-ipate in the 2012 Classof Leadership NorthernKentucky. Fifty indi-viduals comprise the

Class of 2012. They were selected on thebasis of demonstrated leadership ability,as well as evidence of community interestand commitments. Edwards, a resident ofIndependence, Ky., focuses his law prac-tice on product liability and personalinjury litigation. He received his B.A. inEnglish, graduating cum laude and PhiBeta Kappa, from the University ofKentucky. Edwards’ law degree is fromthe University of Kentucky College ofLaw, where he was a member of Order ofthe Coif. He was named an Ohio RisingStar by Law & Politics Magazine, anaward that honors the top up-and-cominglawyers in the state of Ohio.



Jessica B. Rawe

Ryan C. Edwards

McBrayer, McGinnis, Leslie &Kirkland, PLLC, would like toannounce that Gov. Steven L. Beshearhas reappointed Luke Morgan, an asso-ciate in our Lexington office, to theKentucky Law Enforcement Council toserve for a term expiring July 1, 2015.Morgan represents the Kentucky BarAssociation.

Eliot G. Bastian, senior associate in theCincinnati office of Frost Brown ToddLLC, was recently selected to partici-pate in the American Bar Association(ABA) Law Practice ManagementSection’s (LPM) Diversity LeadershipProgram. Bastian was selected as one oftwo nationwide applicants for the ABA’sLPM Leadership Program. The primarygoals of this program are mentoring andleadership within the ABA. Twoappointees are selected each ABA year.To be considered, the applicant musthave a diverse background, have beenadmitted to practice for at least threeyears, and have demonstrated leadershipin another ABA section, division orentity, and/or a state, local or specialinterest bar association. Bastian prac-tices primarily in the areas of generalcommercial and banking litigation,bankruptcy-related litigation, creditors’and debtors’ rights, as well as landlord-tenant disputes. Outside of Frost BrownTodd, Bastian is involved with severalorganizations, including, the GreaterCincinnati Autism Society, Tri-StateAssociation for Corporate Renewal, astreasurer of the Black LawyersAssociation of Cincinnati, the OhioState Bar Association’s BankingCommittee, the Salmon P. Chase LawSchool’s Board of Governors, and theMason Youth Organization.

Christy Lewis, an attorney in theLexington office of Dinsmore & Shohl,has been selected for the 2011-12 Classof Leadership Lexington. The 10-monthprogram enables participants to meetlocal and state leaders, gain anincreased understanding of communitydynamics and public issues and buildworking relationships with fellow classmembers. In other news, Lewis was alsorecently selected to serve a two-yearterm as chair of the University of

Kentucky (UK) Law AlumniAssociation Board of Directors and afour-year term on the UK College ofLaw Visiting Committee. Lewis is amember of the firm’s LitigationDepartment and focuses her practice onproducts liability law. Prior to joiningthe firm, she served as legal counsel forthe Kentucky Department of FinancialInstitutions. Lewis earned her J.D. fromthe University of Kentucky College ofLaw and her B.A. from the Universityof Louisville.

Wyatt, Tarrant &Combs, LLP,announces that Lee T.Todd, Jr., president ofthe University ofKentucky, hasappointed Debra H.Dawahare, partner atthe law firm of WyattTarrant & Combs,LLP, to serve on the

University of Kentucky College of LawVisiting Committee. The VisitingCommittee is comprised of the best andbrightest graduates and others interestedin legal education at the University ofKentucky. Past and current membersinclude United States congresspersons,governors, judges, corporate CEOs, lawpartners, and others. The members meetregularly with the dean, faculty and stu-dents of the college, and to consult withthe president, provost and other topadministrators of the university.Dawahare is chair of the firm’s Labor &Employment Service Team. She concen-trates her practice in the areas ofemployment law and general litigation.

Frost Brown Todd is pleased toannounce that C. Michael Shull, III,was named to the Louisville BusinessFirst’s Forty Under 40 Class of 2011.The Forty Under 40 professionals arerecognized for their business successand civic contributions. Winners wereselected by a panel of judges from theLouisville-area business community andwill be honored at a luncheon. A specialpublication will feature the Forty Under40 class in the September 23 issue ofBusiness First. Shull is counsel at FrostBrown Todd and focuses his practice on

construction law and litigation, wherehe combines his legal expertise with hisbackground in civil engineering. Shullis a 1996 graduate of the University ofKentucky College of Engineering and a2000 graduate of the University ofKentucky College of Law.

Interfaith Paths toPeace (IPP), aLouisville-based inter-faith peacemakingorganization hasawarded its 2011“LouisvillePeacemaker of theYear Award” to TomM. Williams. The

Peacemaker of the Year is presented byIPP and Ms. Carolyn King in the nameof her son, the late Richard Hunt Smith.Although a national Peacemaker of theYear Award was presented in 2010 byIPP, this is the first time that aLouisville Peacemaker of the Year hasbeen recognized by IPP. In making thepresentation, Terry Taylor, executivedirector of Interfaith Paths to Peace,cited Williams’ work in furthering theidea of Restorative Justice, his effortsto foster leadership for the communityas chairman of the Board of theLeadership Louisville Center, his suc-cess in creating Thomas Merton Squarein downtown Louisville, his volunteerefforts with Interfaith Paths to Peaceand the Thomas Merton Institute forContemplative Living. The presentationconcluded with Taylor citing Williams’coordination of efforts to ensure thatLouisville joins the ranks of communi-ties that have been designated as inter-national “Compassionate Cities.”Williams serves as vice chair of theLabor, Employment and EmployeeBenefits Practice Group at StollKeenon Ogden PLLC. Williams servedas president of the Louisville BarAssociation.

Stoll Keenon Ogden PLLC is pleased toannounce that attorney Lee Webb hasbeen selected to participate in the 2012Leadership Louisville class. Webbjoined the firm in 2000, and is a mem-ber in the firm’s Louisville office. She isa member of the firm’s Business



Debra H.Dawahare

Tom Williams

Litigation Practice Group. Fluent inSpanish, Webb is dedicated to commu-nity involvement, founding the LatinoLegal Clinic of Louisville in 2003.Webb currently serves on the Board ofDirectors for the Hispanic LatinoBusiness Council and the HispanicLatino Coalition. She was formerly onthe Board of Directors for the St.George’s Community Center and thePlanned Parenthood Young Leaders.Prior to joining the firm, Webb clerkedfor Justice Janet L. Stumbo of theKentucky Supreme Court for threeyears. Leadership Louisville is a nine-month program, and the 2012 programbegan in June.

Wyatt, Tarrant & Combs, LLP, ispleased to announce that Gary T. Banet,an attorney in its Tax, Business andPersonal Planning Service Team, gradu-ated in the 2011 class of LeadershipSouthern Indiana. Banet practices inboth the New Albany and Louisvilleoffices of the firm. Leadership SouthernIndiana is a non-profit, community lead-ership program serving Clark and Floydcounties for 29 years with more than850 alumni. Banet focuses his practicein estate planning, estate and trustadministration and estate and trust litiga-tion. He received his undergraduatedegree from Indiana University and hislaw degree from the University ofLouisville Louis D. Brandeis School ofLaw, magna cum laude.

Greenebaum Doll & McDonald PLLC ispleased to announce that Robert L.Brown, a member in the firm’sLouisville office, has been elected to theBoard of Directors of the KentuckyCouncil on Economic Education(KCEE). KCEE is a 36-year-oldstatewide, not-for-profit organizationheadquartered in Louisville and affiliatedwith the National Council on EconomicEducation, an organization equippingteachers with the tools to bring economicand personal finance education to life.Brown is a member of Greenebaum’sCorporate and Commercial PracticeGroup and is the firm’s InternationalTeam Chair and China Team Chair. Hehas worked closely with internationalcompanies as an investment banker and

attorney, serving both in-house and as anoutside advisor, and has passed all fourparts of the CPA exam. He has taughtlaw and economics courses at the lawschools of the University of SanFrancisco and University of CaliforniaBerkeley, as well as business and eco-nomic courses at Bellarmine UniversitySchool of Business.

Frost Brown Todd LLC is proud toannounce Christopher S. Burnside hasbeen awarded the President’s VolunteerService Award by President Obamabecause of his work for Metro UnitedWay. The President’s Volunteer ServiceAward is an initiative of the Corporationfor National and Community Serviceand is administered by the Points ofLight Institute. The award was createdin 2003 by the President’s Council onService and Civic Participation to rec-ognize the valuable contributions volun-teers make in their communities and forinspiring others to serve. Burnsidereceived this award in appreciation ofhis exceptional volunteer work with theMetro United Way. Burnside is a mem-ber in the Louisville office of FrostBrown Todd and has been with the firmfor over 20 years, focusing his practicein litigation.

Hall, Render, Killian,Heath & Lyman attor-ney Brian A.Veeneman has beennamed one ofBusiness First’s 40Under 40 honoreesfor 2011. Veenemanis an active memberof the Louisville com-munity. He is on the

Board of Trustees for Medical News, amember of the Downtown LouisvilleRotary Club and has served on theMarketing and CommunicationsCommittee of the Louisville ArenaAuthority. He has also worked with theBuilding Committee of the FamilyScholar House, a non-profit organiza-tion working to end poverty by helpingyoung parents achieve a four-year col-lege degree. At Hall Render,Veeneman’s practice focuses on con-struction law. His diverse educational

background, which includes a bache-lor’s degree in chemical engineeringand an MBA, in addition to his J.D.,assists him in representing private andpublic construction owners, contrac-tors, material suppliers, design profes-sionals and bonding companies onengineering and construction-relatedissues across the country.

Foley & Lardner LLP is pleased toannounce that Brian H. Potts has beennamed a Wisconsin Law Journal 2011“Up & Coming Lawyer.” According tothe Wisconsin Law Journal, this honorrecognizes individuals who havedemonstrated leadership, contributed totheir community, successfully achievedlegal outcomes early in their careerand have been practicing for eightyears or less. Potts, a senior counsel inthe firm’s Madison office, has estab-lished himself as a well-regarded envi-ronmental and energy law professionalthrough his regulatory work, frequentarticle publication and pro bono suc-cesses.

J. Vincent Aprile II, who practiceswith Lynch, Cox, Gilman andGoodman P.S.C., in Louisville, wasone of the presenters on the conclud-ing panel of the invitation-only con-vening of “Padilla and the Future ofthe Defense Function,” designed tobring together individuals with a vari-ety of experiences in the criminal jus-tice system to discuss the future roleof the criminal defense lawyer. Theconvening held at Cardozo School ofLaw in New York City was sponsoredby the National Association ofCriminal Defense Lawyers, theNational Legal Aid and DefenderAssociation and the American BarAssociation Criminal Justice Section.Some 85 invitees from across thecountry attended. Aprile also served asone of three judges of the champi-onship round of the 21st annualNational Criminal Justice TrialAdvocacy Competition, sponsored bythe Criminal Justice Section of theAmerican Bar Association and held atThe John Marshall Law School inChicago. More than 20 law schoolsparticipated in the three-day event.



Brian A.Veeneman

Adams, Stepner,Woltermann & DusingPLLC is pleased toannounce that StaceyL. Graus has beenpresented with theSpecial RecognitionAward from theNorthern KentuckyVolunteer Lawyers.

Judge Patricia Summe presented StaceyL. Graus with the award during the2011 Annual Pro Bono Luncheonhosted by Northern Kentucky VolunteerLawyers. Graus practices in the areas ofbusiness litigation, employment litiga-

tion, personal injury, real estate litiga-tion, contract litigation, workers’ com-pensation, product liability anddomestic relations.

The Kentucky Historical Society (KHS)Foundation has elected John S.Greenebaum to its 2011 Board ofDirectors. Greenebaum will serve athree-year term with the possibility ofreappointment for two additional three-year terms. Greenebaum is a noted cor-porate and commercial attorney inLouisville, where he lives with his wife,Mary Moss Greenebaum. He receivedhis undergraduate degree from Amherst

College and a law degree from HarvardLaw School. He currently practices inthe Louisville office of GreenebaumDoll and McDonald. The KHSFoundation is a private, 501(c)(3) non-profit affiliated with the KentuckyHistorical Society, an agency of theKentucky Tourism, Arts and HeritageCabinet. The KHS Foundation Board ofDirectors oversees and assists with allfundraising activities of the KentuckyHistorical Society. Many of the pro-grams, collections, exhibitions, servicesand research initiatives of KHS aremade possible through private supportvia the KHS Foundation.


Stacey L. Graus


Have an item forWHO, WHAT,

WHEN & WHERE?The Bench & Bar welcomes brief announcements about member placements, pro-motions, relocations and honors. Notices are printed at no cost and must be sub-mitted in writing to: Managing Editor, Kentucky Bench & Bar, 514 West MainStreet, Frankfort, KY 40601 or by email to [email protected]. Digital photosmust be a minimum of 300 dpi and two (2) inches tall from top of head to shoul-ders. There is a $10 fee per photograph appearing with announcements. Paid pro-fessional announcements are also available. Please make checks payable to theKentucky Bar Association. The deadline for announcements appearing in the nextedition of Who, What, When & Where is October 1st.

The Communications and PublicationsCommittee of the Kentucky Bar

Association wishes to thank its manydedicated members who offer their timeand talents in preparation and oversight

of the bimonthly Bench & Bar.Recently, several members completedtheir terms on the committee and we

recognize them for their dedicated andfaithful service:

David C. CondonAshlee Coomer Foltz

Sheryl E. HeeterEdna M. Lowery

Christopher T. McDavidBrian K. Pack

Jeffrey R. SoukupE. Frederick Straub Jr.

Before You Move...Over 16,000 attorneys are licensed to practice in the state of Kentucky. It is vitally importantthat you keep the Kentucky Bar Association (KBA) informed of your correct mailing address.Pursuant to rule SCR 3.175, all KBA members must maintain a current address at which he orshe may be communicated, as well as a physical address if your mailing address is a PostOffice address. If you move, you must notify the Executive Director of the KBA within 30 days.All roster changes must be in writing and must include your 5-digit KBA member identificationnumber. There are several ways to do this for your convenience.

VISIT our website at www.kybar.org to makeONLINE changes or to print an AddressChange/Update Form

EMAIL the Executive Director via the MembershipDepartment at [email protected]

FAX the Address Change/Update Form obtainedfrom our website or other written notification to:Executive Director/Membership Department(502) 564-3225

MAIL the Address Change/Update Form obtainedfrom our website or other written notification to:

Kentucky Bar AssociationExecutive Director514 W. Main St.Frankfort, KY 40601-1812

* Announcements sent to the Bench & Bar’s Who,What, When & Where column or communicationwith other departments other than the ExecutiveDirector do not comply with the rule and do notconstitute a formal roster change with the KBA.

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SEPTEMBER

27 Video Replay: Professionalism, Ethics & Substance Abuse InstructionCincinnati Bar Association

27 2011 Handling Rambo Litigator Tactics in Depositions – The Law and StrategyKentucky Justice Association

27 Probate & Estate Half DayLouisville Bar Association

27-28 Kentucky Law Update – AshlandKentucky Bar Association

28 Bankruptcy 102Cincinnati Bar Association

28 Young Lawyers Brown BagLouisville Bar Association

29 In-House Counsel Brown BagLouisville Bar Association

30 Business Valuation & Fraud InvestigationsCincinnati Bar Association

OCTOBER

1 Health Law Brown BagLouisville Bar Association

4-5 Kentucky Law Update – GilbertsvilleKentucky Bar Association

5 Watching the Cops: Deterring Police Misconduct through Citizen SurveillanceCincinnati Bar Association

6 18th Biennial Family Law InstituteUK CLE

7 Professionalism, Ethics & Substance AbuseCincinnati Bar Association

7 Real Estate SymposiumLouisville Bar Association

12 Environmental LawCincinnati Bar Association

13 What Makes Juries, Judges & Magistrates TickCincinnati Bar Association

13 Appellate Law Brown BagLouisville Bar Association

14 Threats of 21st Century LawyeringCincinnati Bar Association

14 Litigation Half DayLouisville Bar Association


CLEventsThe following is a list of TENTATIVE upcoming CLEprograms. Circumstances may result in programchanges or cancellations. You must contact thelisted program sponsor if you have questionsregarding specific CLE programs and/or registration.


18-19 Kentucky Law Update – PrestonsburgKentucky Bar Association

19 So I’ve Graduated – Now What?Cincinnati Bar Association

19 Solo/Small Firm Brown BagLouisville Bar Association

21 Social Security Brown BagLouisville Bar Association

22 Fall 2011 Symposium – Legal Heritage of the Civil WarSalmon P. Chase College of Law

25-26 Kentucky Law Update – LexingtonKentucky Bar Association

26 How to Shrink Lawyer ReceivablesCincinnati Bar Association

26 Proper Establishments & Management of Your Lawyers’Trust AccountCincinnati Bar Association

27 Securities Whistle-Blower Regulations under the Dodd-Frank ActCincinnati Bar Association

28 Mediation: What’s Happening NowAdministrative Office of the Courts – Mediation Office

28 Annual ConventionKentucky Association of Criminal Defense Lawyers

28 Judge Judy West CLE & ScholarshipAward LuncheonNorthern Kentucky Bar Association

NOVEMBER

2 Sports ManagementCincinnati Bar Association

AOC Mediation & Family Court ServicesCarol B. Paisley

(502) 573-2350 ext. 50713

Cincinnati Bar AssociationDimity Orlet • (513) 381-8213

Kentucky Association of CriminalDefense Lawyers

Amber Greathouse • (502) 229-0998

Kentucky Bar AssociationCLE Office • (502) 564-3795

Kentucky Justice Association (formerly KATA)

Ellen Sykes • (502) 339-8890

University of Kentucky Office of CLE

Melinda Rawlings • (859) 257-2921

Louisville Bar Association CLE Department • (502) 583-5314

Northern Kentucky Bar AssociationJulie L. Jones • (859) 781-4116

Salmon P. Chase College of LawAmber Potter • (859) 572-5982

Waller Lansden Dortch &Davis LLP

Scott Manners • (615) 850-8164


2-3 Kentucky Law Update – LondonKentucky Bar Association

3 Making Your Case with a Better MemoryCincinnati Bar Association

4 2011 NKBA Family Law SeminarNorthern Kentucky Bar Association

4 Basic Estate Planning & Probate InstituteCincinnati Bar Association

7 Directions in Healthcare 2011Waller Lansden Dortch & Davis LLP


8 IP Brown BagLouisville Bar Association

9 Law & FilmCincinnati Bar Association

10 Corporate Law UpdateCincinnati Bar Association

11 Criminal Law Brown BagLouisville Bar Association

15 eDiscovery, Forensic Collection & Analysis of Hand-Held DevicesCincinnati Bar Association

16 Ohio Public Records LawCincinnati Bar Association

16 Environmental Law Brown BagLouisville Bar Association

17 Corporate Law Brown BagLouisville Bar Association

18 Internet Legal ResearchCincinnati Bar Association

18 In-House Counsel Brown BagLouisville Bar Association

22 New Lawyer Training: Professionalism, Client Funds & Law Office ManagementCincinnati Bar Association

22 Law Office TechnologyCincinnati Bar Association

22 Probate & Estate Brown BagLouisville Bar Association

29 Attorney Presentation SkillsCincinnati Bar Association

30 Professionalism: 4 Ways to PracticeLaw Professionally + 2 MoreCincinnati Bar Association

30-1 Kentucky Law Update – LouisvilleKentucky Bar Association

CLICKwww.kybar.org

T here is a common belief amongthose of us from the far reaches ofour state that much is controlled

by the more centrally located and/orurban regions, leaving us borderlandersunderrepresented in our own regulationand governance. Such belief, althoughcommon, is clearly a misconceptionwhen it comes to the regulation and pro-vision of continuing legal education in

Kentucky. After six years of service onthe Kentucky Bar AssociationContinuing Legal Education commissionand serving as its chair, Kimberly ScottMcCann, termed off of the commissionon June 30. McCann lives and practiceslaw in Ashland, Boyd County, Kentucky.As of July 1, 2011, the newly appointedchair of the commission is Dennis L.Null, who lives and works in Mayfield,

Graves County, Kentucky. Null is begin-ning his sixth and final year of service onthe commission. For those more geo-graphically challenged readers of thisarticle, Boyd County is on the border ofWest Virginia and Ohio, while GravesCounty rests on the Tennessee border,not far from Missouri and Illinois. Eachregion of Kentucky offers a unique per-spective and our attorneys from differentregions have different types of practicesand educational needs. The ContinuingLegal Education commission is com-posed of one Kentucky Supreme Courtappointee from each Supreme CourtDistrict, thus ensuring that each uniqueregion of Kentucky is represented. Thatthe leadership of this commission can soseamlessly shift from central Kentuckyto one border and then another furtherexhibits the commitment of the KentuckySupreme Court and the Kentucky BarAssociation to represent ALL Kentuckylawyers.

Dennis Null assumes position as Chair of CLE Commission



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Medical & Professional License Defense

Elder & Good, PLLC offers its services to attorneys,physicians, nurses, dentists, pharmacists and otherlicensed professionals before their state boardsand licensing agencies in Kentucky and Ohio. Weassist our clients with Board investigations, disci-plinary hearings & appeals, board application is-sues and, depending on their particular fields,hospital actions and Medicare, Medicaid & Insur-ance exclusions.

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KY & BARKLEY LAKES: GreenTurtle Bay Resort. Seventy-five luxuryrental condos, 1-4 BR, new Health Clubwith indoor pool, Conference Center, 2 outdoor pools, Yacht Club, DockersBayside Grille, tennis, beach, watersports and golf nearby. The perfect spotfor a family vacation or a companyretreat. In historic Grand Rivers “TheVillage Between the Lakes.” Call 800-498-0428 or visit us atwww.greenturtlebay.com.

LUXURIOUS GULF-FRONTCONDO, Sanibel Island, Fl. Limitedrentals of “second home” in smalldevelopment, convenient to local shop-ping. 2 BR, 2 bath, pool, on Gulf.Rental rates below market at$2,600/week in-season and $1,500/wkoff-season. Call Ann Oldfather (502)637-7200.

EmploymentGraydon Head & Ritchey, LLP, an A-Vrated, 80+ attorney firm, seeks to fillthe following two positions ...

LITIGATION ASSOCIATE A highly motivated associate for ourgrowing complex litigation practice. Thecandidate should have 3-7 (or more)years of litigation experience, preferablyon complex litigation cases. Candidatesshould be licensed in Ohio and/orKentucky. Candidates should have highintellectual capacity, excellent analytical

and writing skills, who can work with asense of urgency.

REAL ESTATE ASSOCIATE A highly motivated associate for ourbusy commercial real estate practice.The candidate should have 3-5 years ofcommercial real estate transaction expe-rience. Experience with either environ-mental or construction matters would bea plus. Candidates should be licensed inOhio. Candidates should have high intel-lectual capacity, excellent analytical andwriting skills, and be able to work with asense of urgency. The successful candi-date is dedicated to pursuing commer-cial real estate practice as a career, andexhibits a sense of urgency and a "clientservice" approach to the practice of law.

We offer competitive compensation andan attractive benefits package. Pleasereply in confidence with your resumeand law school transcript to:

Barbara HopewellDirector, Human ResourcesGraydon Head & Ritchey, LLP1900 Fifth Third Center511 Walnut StreetCincinnati, OH 45202(Phone) 513.629.2858(Fax) 513.651.3836E-mail: [email protected]

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