Bench & Bar

MAR 2018

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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13 2018 KBA ANNUAL CONVENTION MORE THAN A LAWYER Spotlight CLE: A Co-Equal Branch—Judicial Selection and Independence in an Age of Anxiety CLE Credit: 1.0 Hilarie Bass, Greenberg Traurig, Miami, Florida; William R. Garmer, Garmer & Prather PLLC, Lexington; Judge Herbert Dixon, ABA Standing Committee on the American Judicial System, Washington, D.C.; Professor Paul E. Salamanca, University of Kentucky College of Law, Lexington; Professor Samuel A. Marcosson, University of Louisville Brandeis School of Law, Louisville This important program features American Bar Association President Hilarie Bass and will focus on judicial selection and independence at both the federal and state level. The panel will comment on selection methods and means, as well as the duty of lawyers to defend judicial independence and the integrity of our system of justice. Cyber Trends & Tips: What You Need to Know about Information Security in 2018 CLE Credit: 1.0 Stephen E. Embry, Frost Brown Todd LLC, Louisville; Leanthony Edwards and Kurt Hunt, Dinsmore & Shohl LLP, Cincinnati, Ohio; Noah Jellison, Na- tionwide Mutual Insurance Company, Columbus, Ohio Sponsor: Young Lawyers Division Cybersecurity and privacy affect all facets of modern commerce and create numerous legal and practical challenges. This prac- tical "boots on the ground" panel will help attendees keep up with the fast-changing developments in the cybersecurity realm. The panel will discuss emerging and trending threats, critical best practices, and key legal developments. Some Mediation Tactics that Don't Work; Some Critical Mediation Negotiation Skills that Do! CLE Credit: 1.0 Karen Walker, Walker Law Office PLLC, Lexington; John W. Hays, Jackson Kelly PLLC, Lexington; Rebecca A. Simpson, English Lucas Priest & Owsley LLP, Bowling Green; Pierce W. Hamblin, Landrum & Shouse LLP, Lexington Sponsor: Alternative Dispute Resolution Section There are several mediation negotiation mistakes or errors that are common, but repeated. There are several useful mediation negotiation skills that are ignored or unlearned. A panel of ex- perienced mediators will examine common mediation errors/ mistakes and offer suggestions on how to avoid them, while at the same time analyze some basic critical negotiation skills that make lawyers successful negotiators/mediation advocates. 9:40-10:40 a.m. 10:50-11:50 a.m. Social Media and Legal Ethics: The Ethical Way to Use Those Tweets, Likes and Links to Your Advantage CLE Credit: 1.0 Ethics Matthew W. Barszcz and Caroline Pieroni, Dinsmore & Shohl LLP, Louisville Sponsor: Young Lawyers Division Come learn the ways that lawyers can use and avoid misusing social media. The program will focus on ethics issues relating to improper contact with represented parties through social media, proper authentication of social media evidence, obligations to preserve and collect social media, and improper contact with jurors through social media. Ethical issues relating to the use of social media for advertising and solicitation will also be addressed. Preparing and Presenting Witnesses in Civil Litigation CLE Credit: 1.0 John L. Tate, Stites & Harbison PLLC, Louisville Sponsor: Young Lawyers Division This program is based on Chapter 7, "Witnesses" in Kentucky Civil Practice at Trial, 4 th ed. Intended as a practical guide to the examination of witnesses in civil trials, the program is suitable for both less experienced trial lawyers and for more experienced lawyers who might be rusty from lack of trial practice. The five basic units cover witness preparation, direct examination, cross- examination, introduction of evidence, and making or responding to objections. Access to Justice: A National Perspective and a Kentucky Perspective CLE Credit: 1.0 Justice Michelle M. Keller, Supreme Court of Kentucky, Covington; James L. Sandman, Legal Services Corporation, Washington, D.C.; Glenda J. Harrison, Kentucky Access to Justice Commission, Frankfort Sponsor: Access to Justice Commission "Equal justice under law" is etched on the front of the building of the highest court in the land, and we need to take stock of what we are doing as a society to assure that this is a prom- ise that is being fulfilled. This session will provide a national overview of access to justice issues as well as an update on the newly formed Kentucky Access to Justice Commission and the statewide initiatives to improve access to the justice system for all Kentuckians. CLE Thursday, June 14

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