Bench & Bar

NOV 2013

The Bench & Bar magazine is published to provide members of the KBA with information that will increase their knowledge of the law, improve the practice of law, and assist in improving the quality of legal services for the citizenry.

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BAR NEWS KBA BOARD OF GOVERNORS MEETING: JULY 26, 2013 The Board of Governors met on Friday, July 26, 2013. Officers and Bar Governors in attendance were, President T. Rouse; PresidentElect B. Johnson; Vice President D. Farnsley; Immediate Past President D. Myers and Young Lawyers Division Chair C. Frazier. Bar Governors 1st District – J. Freed, M. Pitman; 2nd District – J. Meyer; 3rd District – H. Mann, G. Wilson; 4th District – D. Ballantine, A. Cubbage; 5th District – A. Britton, W. Garmer; 6th District – D. Kramer, S. Smith; and 7th District – M. McGuire, B. Rowe. Bar Governors absent were: T. Kerrick. In Executive Session, the board considered two (2) disciplinary default cases, one (1) reinstatement case and two (2) restoration cases. Brenda Hart of Louisville and Roger Rolfes of Florence, non-lawyer members serving on the board pursuant to SCR 3.375, participated in the deliberations. 24 In Regular Session, the Board of Governors conducted the following business: • Young Lawyers Division ("Division") Chair Carl Frazier reported on the highlights of the Division programs and activities from the annual convention. Mr. Frazier reported that the officers conducted a planning retreat earlier in July formulating some of its goals for the upcoming year. He reported that the Division is very passionate about leadership development and it is important that the Division recruit future leaders of the bar association. He advised that the Division is working on the following projects: a series of free CLE programs for its members statewide; presentation of two technology-related programs at each of the KLU programs this fall; continuation of the Brief Insights podcast series in which 10 to 15-minute interviews are recorded with senior lawyers and other leaders to provide tips about the practice of law to young lawyers, including an interview by Rebekkah Rechter of Governor Beshear and an interview of Judge David Williams; planning a practical skills workshop where young lawyers will be paired up with Legal Aid for pro bono work while learning the skills of practicing a case; appointing a long-range committee to look into updating the long-range plan which was generated approximately five (5) years ago. • Heard status report from 2014-2015 Budget & Finance Committee, Task Force on Attorney Advertising and Office of Bar Counsel. • President-Elect William E. Johnson and Legislative Outreach Project Committee chair reported that the committee is scheduled to reconvene in November to begin preparations for communication with the General Assembly and its newest members to educate them about the crisis in Court funding for the upcoming budget session. • Director of Accounting/Membership Michele Pogrotsky reviewed with the board a year end summary. • President Rouse reported that he will serve on the Kentucky Bar Foundation Board of Directors for a one-year term ending on June 30, 2014. • President Rouse reported that Immediate Past President W. Douglas Myers of Hopkinsville will serve as the past president designee on the Kentucky Bar Foundation for a one-year term ending on June 30, 2014. • President Rouse reported that the Executive Committee has appointed Robert C. Ewald of Louisville, George E. Long of Benton and Jerry D. Truitt of Lexington to serve on the Special Conflicts Committee for another one year term ending on July 1, 2014. B&B; • 11.13 • Approved the recommendation of members to serve on the following Supreme Court Committees on behalf of the Board of Governors: Civil Rules Committee – David V. Kramer of Crestview Hills; Supreme Court Rules Committee - Thomas L. Rouse of Erlanger and Criminal Rules Committee - William E. Johnson of Frankfort. • Approved the appointment of Roger Rolfes of Florence as a lay member on the Clients' Security Fund Trustees for a threeyear term ending on June 30, 2016. • President Rouse reported that he was appointing a Task Force on Financial Summit to be chaired by President-Elect William E. Johnson which will consist of representatives from the various KBA funds to review and discuss KBA monies and its investments and how the funds are held and the reasons for the different processes. • Approved the appointment of a Task Force on Closed and Abandoned Practices. Members of the Task Force will be representatives from each Supreme Court District. President Rouse reported that he anticipates the task force drafting a rule for appointment of a trustee who will be allowed to inspect the files to determine who they belong to. • President Rouse reported that he has appointed Gabrielle Summe of Villa Hills to be the KBA 2014 Annual Convention Planning Committee Chair and Shane Sidebottom of Covington to be the KBA 2014 Annual Convention CLE Program Committee Chair. President Rouse further reported that he has appointed Bar Governors David Kramer and J. Stephen Smith to serve as Vice Chairs to the Planning Committee. • President Rouse reported that he planned to have dinners instead of receptions at the upcoming KLU programs with the local bar presidents, former bar presidents, and KBA Board of Governor representatives to continue the efforts of the local outreach program in seeking input on how the association can better serve the attorneys across the state. • Executive Director John Meyers reported that the KBA set a record attendance of 2,251 attendees at the 2013 Annual Convention held in Louisville on June 19-21 and was a financial success. • Mr. Meyers reviewed the pending challenge to Ethics Opinion E-435 concerning plea bargains that include a contingency that the client waive their right to bring an ineffective assistance of counsel claim. Mr. Meyers advised that the oral argument has been scheduled for Sept. 19, 2013 at the University of Louisville Brandeis School of Law at 11:45 a.m. • Mr. Meyers reported that an auditor has been hired to begin the work on the IT Audit. The auditor has met with the departments heads to obtain information as to how their current system operates and how the system could be improved. Mr. Meyers will have an updated report for the Board at the September meeting. To KBA Members Do you have a matter to discusswith the KBA's Board of Governors? Board meetings are scheduled on January 17-18, 2014 March 21-22, 2014 To schedule a time on the Board's agenda at one of these meetings, please contact John Meyers or Melissa Blackwell at (502) 564-3795.

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