Corporate Affiliate Conflicts of Interest - Louisville Bar Association

October 2010 . Volume 10, No. 10
Corporate Affiliate
Conflicts of Interest
Richard H. C. Clay & Jeremy S. Rogers
On August 18, 2010 the United States Court of
Appeals for the Second Circuit addressed the
issue of corporate affiliate conflicts of interest.
This is an issue that frequently challenges lawyers
considering whether they can represent a
client who is adverse to a corporate affiliate of
another client that they or their firms represent.
(continued on page 12)

Features
1 Corporate Affiliate Conflicts of Interest
In the absence of definitive case law in Kentucky, affiliate consent
requests and careful probing may help avoid untimely disqualifications.
By Richard H. C. Clay & Jeremy S. Rogers
4 Court News
5 Book Review
Secrets of the Kentucky Supreme Court
This insider’s account of the personalities and opinions that shaped
Kentucky’s highest court over the last three decades lacks scandalous
details but is nonetheless a worthwhile read.
By D. Scott Furkin
7 Legal Research
Playing by Kentucky Rules:
Researching the Kentucky Rules of Evidence
Several published guides are available to help lawyers apply Kentucky’s
evidence rules. By Kurt X. Metzmeier
9
18
17 Judges Online
A Review of Ethics Opinions Concerning Judges’ Use of
Social Networking Sites
As more judges experiment with Facebook, Twitter and YouTube, some
question whether communications amongst friends, followers and colleagues
create an appearance of impropriety or impartiality.
By William E. Sharp
24 Recent Changes in Kentucky Condominium Law
Owners and potential buyers of condominiums, patio homes and other
common interest developments should take notice of sweeping changes
becoming effective January 1, 2011. By Erik C. Lattig
LBA Voter’s Guide
Jefferson County Judicial Election Candidates
As the November 2nd elections loom, we’ve
compiled an easy-to-read non-partisan voter’s
guide of this year’s judicial candidates.
11
Departments
8 Legal Aid Society
LSC Board to Visit Louisville, Observe
Legal Aid’s Innovative Programs
By Jeffrey A. Been
Events
15 CLE
29 Meeting Schedules
10 Local Lawyers, Unsung Heroes
14
11 Save the (pro bono) Week
22 Public Service
• Feeding the Pipeline—The Future
of the Profession
• Back 2 School Thanks
6 Call for Nominations
9 Raindrops Keep Fallin’ on My Head...
14 Until Next Year...
23
26 Section News
Solo/Small Firm
Our Numbers Are Growing…
and We are Ready to Help
By Gregory S. Condra
30 Classifieds
32 Members on the Move
2 Louisville Bar Briefs
www. loubar.org

Bar Briefs is a monthly paper published by the Louisville Bar
Association. The LBA does not necessarily share or endorse any
particular views expressed in this paper by contributors thereto. The
views are those of thoughtful contributors. Advertising does not imply
endorsement by the LBA of products or services or any statements
made concerning them.
Steven P. Valdez
Managing Editor
Editorial Board
Lisa Brones Huber, chair
Bonita K. Black
Bruce A. Brightwell
Jeff Calabrese
Dorothy J. Chambers
James R. Craig
Louisville Bar Association Board of Directors
Laurel S. Doheny — President
K. Gregory Haynes — President-Elect
Bobby C. Simpson — Vice President & Treasurer
Bradley R. Hume — Secretary
Colin H. Lindsay — Past President
Sheila Berman
Jeffrey A. Calabrese
Angela Logan Edwards
Demetrius Holloway
Ellie Kerstetter
Editorial Offices:
600 W. Main Street, Ste. 110
Louisville, KY 40202-4917
Phone: 583-5314 • Fax: 583-4113
admin@loubar.org • www.loubar.org
Michelle Eisenmenger Mapes
B. Mark Mulloy
Deena G. Ombres
Melanie Straw-Boone
Y. Denise Payne Wade
Douglas C. Ballantine — KBA Board of Governors
Sarah Osborn Hill — Women Lawyers Association
Jim Chen — Dean, University of Louisville School of Law
Joseph R. Stennis Jr. — Louisville Black Lawyers Association
Hon. Sean R. Delahanty – Jefferson District Court
Douglass Farnsley — KBA Board of Governors
Hon. Patricia Walker FitzGerald — Jefferson Family Court
James A. Giesel — LBF President
Daniel T. Goyette — ABA House of Delegates
Margaret E. Keane — KBA Vice President
Jefferson K. Streepey — LBF President-Elect
Peter H. Wayne — Young Lawyers Section
Hon. Barry Willett — Jefferson Circuit Court
Joseph H. Cohen — Counsel
James B. Martin Jr. — Tax Counsel
D. Scott Furkin — Executive Director
Scott W. Brinkman
Paul A. Casi II
Hon. Charles L. Cunningham Jr.
Hon. Brian C. Edwards
David B. Gray
Julie L. Hardesty
Hon. Martin E. Johnstone
Margaret E. Keane
Susan H. Duncan
Anne K. Guillory
Kristin Miller
Charles E. Ricketts Jr.
Peter J. Stavros
Michael L. Stevens
Louisville Bar Foundation Board of Directors
James A Giesel — President
Jefferson K. Streepey — President-Elect
Deena G. Ombres — Vice President & Treasurer
H. Philip Grossman — Secretary
Susan D. Phillips — Past President
Jim Chen — Dean, University of Louisville School of Law
Laurel S. Doheny — LBA President
K. Gregory Haynes — LBA President-Elect
Colin H. Lindsay — LBA Past President
Karen L. Keith
David J. Kellerman
Byron E. Leet
Dorothy E. O’Brien
Christopher P. O’Bryan
Donna King Perry
John L. Tate
Samuel G. Graber — Tax Counsel
William G. Schneider Jr. — Executive Director
Kimberly E. Kasey
Graphic Designer
The mission of the Louisville Bar Association is to promote
justice, professional excellence and respect for the law, improve
public understanding of the legal system, facilitate access to
legal services and serve the members of the association.
Cast Your (Informed) Vote!
With judicial elections quickly approaching, now is a good time for each of us to remember our
ethical obligation to inform the public regarding the quality of our judiciary and the candidates
seeking office.
“What?” you may be thinking. Yes, it is true!
The Kentucky Rules of Professional Conduct (found in SCR 3.130) have a few things to say about
the duty of lawyers to assist in improving the justice system, e.g., by evaluating the performance
of judges and the qualifications of candidates for judicial office.
Section II of the Preamble states: “A lawyer, as a member of the legal profession, is...a public
citizen having special responsibility for the quality of justice.” Following up on this, Section
VII states in pertinent part: “As a public citizen, a lawyer should seek improvement of the...
administration of justice…. In addition, a lawyer should further the public’s understanding of
and confidence in…the justice system because legal institutions in a constitutional democracy
depend on popular participation and support to maintain their authority.”
KRCP 8.2 prohibits lawyers from making false or reckless statements about the qualifications
or integrity of judges or judicial candidates. The Commentary states: “Assessments by lawyers
are relied on in evaluating the professional or personal fitness of persons being considered for
election or appointment to judicial office.... Expressing honest and candid opinions on such
matters contributes to improving the administration of justice. Conversely, false statements by
a lawyer can unfairly undermine public confidence in the administration of justice.”
As lawyers, we are in a unique position to evaluate judges and judicial candidates; yet, other
than those of you who have been drafted into service by a candidate or two, most do no more
to advise the public than put out a yard sign or display a bumper sticker.
Sadly, many of us put out those yard signs or display those bumper stickers without regard
to what we believe or know regarding the candidates. And, let’s face it, most of us just do not
have the time to worry about it.
As it turns out, your voluntary membership at LBA carries this torch for you in many ways:
• Judicial Evaluations: Since 1979, the LBA has facilitated annual
evaluations of sitting Jefferson County trial judges in which attorneys
who regularly appear before the judges rate them in various categories
ranging from legal knowledge to judicial temperament to court
management. The evaluations are designed to provide constructive
criticism to the judges, affording them the opportunity to improve
their performance on the bench and provide a high quality of justice
delivered through our local courts. Funding for the evaluations, which
are conducted by a private research firm to ensure the confidentiality
of responses, is provided by the Louisville Bar Foundation.
• Judicial Candidates Poll: Because judges are different from other
elected officials, and often not well known to the general public, the
LBA assists in providing reliable information to voters through a
poll of attorneys who have had professional contact with candidates
for local judicial offices. Since 1982, the LBA has sought input from
attorneys who actively practice in Jefferson County about the qualifications
of judicial candidates. The intent of the poll is not to endorse
any particular candidate, but rather to inform the electorate of the
opinions of the legal community about the candidates’ fitness for the
judgeships they seek.
• Committee on Judicial Integrity & Independence: Formed by
the LBA in 2006 when all Jefferson County judges were on the ballot
and changes to the Kentucky Code of Judicial Conduct raised concerns
about the politicization of judicial campaigns, this committee
developed guidelines for local judicial candidates to follow that are
designed to uphold the integrity of judicial office and the independence
of the judiciary. The committee calls upon all candidates for Jefferson
County judgeships to take the ethical high ground in their campaigns
by pledging, among other things, that they will not misrepresent their
identities or qualifications, engage in partisan political attacks on
their opponents or make statements that a reasonable person would
perceive as committing themselves to rule in a certain way on a case,
controversy or issue likely to come before the courts. As a result of
the committee’s efforts, Jefferson County judicial campaigns so far
p. 18
LBA Voter’s Guide
Jefferson County Judicial
Election Candidates
have not become the scorched earth contests seen in some other
jurisdictions.
The LBA also supports these important voter education efforts:
• Citizens for Better Judges: Since 1983, this group of attorneys and
laypersons has rigorously vetted candidates for local judicial offices
and publicly endorsed the election of those deemed most qualified
for service on the bench. Committee members are not judicial candidates,
not do they campaign for, individually endorse or contribute
financially to any Jefferson County judicial candidates. The LBA
makes meeting space at the Bar Center available for the group’s use.
• Judicial forums: The Women Lawyers Association of Jefferson
County has helped host public forums at which candidates for local
judicial offices personally appear to talk about their qualifications and
answer questions about their candidacies. The forums afford voters
an opportunity to see, hear and personally assess the candidates
and better understand the important role of the judiciary. There is
such a forum planned for October 14, 11:30 a.m.–1:30 p.m. It will
feature the candidates for ten contested seats in Jefferson Circuit and
District Court on this year’s ballot. A grant from the Louisville Bar
Foundation will help fund the forum.
With all of these efforts, you can easily take advantage of the knowledge
and information your colleagues already have assembled for you.
Please use that information to make your own informed decisions in
the voting booth and pass it along to non-lawyer voters who really do
have both a need and right to know as much as possible about those
who comprise the judiciary.
Last, thank you again for your membership in and support of our
voluntary bar association. Your support of us makes these accomplishments
possible.
Sincerely,
Laurel S. Doheny, LBA President
www. loubar.org October 2010
3

Notice of Nomination and
Election of LBA Officers
It’s time to nominate and elect officers of the
Louisville Bar Association for 2011.
Offices to be filled:
• President-Elect
• Vice President/Treasurer
• Secretary
Nominations:
• Nominations for these offices are made
by written petition signed by not less than
ten (10) active LBA members;
• Nominations for multiple offices can be
made on a single petition;
• All petitions must be filed with the
Secretary by November 1, 2010.
Send petitions to:
Bradley R. Hume
c/o the LBA
600 W. Main St., Ste. 110
Louisville, KY 40202–4917
For more information and petition forms,
contact the LBA Executive Director Scott
Furkin by calling (502) 583-5314. •
Justice Noble Named
Deputy Chief Justice
Chief Justice John
D. M i n to n h a s
named Justice Mary
C. Noble deputy
chief justice of the
Supreme Court of
Kentucky. Justice
Noble, who was
elected to the high
court in 2006 after 15 years as a Fayette
circuit court judge, represents the 5th
Appellate District. She chairs the court’s
Civil Rules Committee and recently
coordinated an effort to draft proposed
uniform rules for Family Courts around
the state.
The deputy chief justice fills in when
the chief justice recuses in a case or an
administrative matter. Justice Noble succeeds
Justice Will T. Scott of the 7th Appellate
District who had served as deputy
chief justice since 2006.
“Justice Noble is an effective leader and a
skilled jurist who has earned the trust and
respect of her colleagues on the court,”
said Chief Justice Minton. •
Chief Justice Addresses Joint Judiciary Committee
Chief Justice John D. Minton Jr. discussed the state of the Kentucky
Court of Justice before a joint meeting of the General Assembly’s
judiciary committees on September 8. Not surprisingly, he focused
on the challenge of operating a statewide court system on a limited
budget which he said “continues to monopolize the conversation
within the judicial branch.”
Noting that Kentucky courts operate almost exclusively on appropriations
approved by the General Assembly, Minton told legislators
that “For our unified court system to operate effectively, the single appropriation from
the General Assembly must always be adequate to fund the courts.” He pointed out that
several positions and programs were eliminated to trim $6.8 million from the judicial
branch’s current operating budget. He added that additional cuts are anticipated next year.
Minton also told legislators that the judicial branch is redoubling its efforts to find efficiencies
in court processes and expand the use of technology. “We want to develop
an integrated statewide case management system that includes e-filing, e-records, video
arraignment, video conferencing and a fully automated payable process,” he stated. “We
also hope to join other court systems in making documents and court statistics easily
accessible online.”
The remainder of Minton’s remarks were centered around court programs and services
“that make the judicial branch the bargain it is in state government.” He specifically mentioned
drug courts, pretrial services, truancy diversion and citizen foster care review
boards.
This is the third time Minton has testified before the Interim Joint Committee on the Judiciary
since becoming chief justice in 2008. •
For the full text of Chief Justice Minton’s remarks, see
http://courts.ky.gov/NR/rdonlyres/94CD1749-3E79-466C-84F8-C6731C77AEDF/0/
ChiefjusticeremarkstoInterimJudiciaryCommittee982010.pdf
4 Louisville Bar Briefs
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Bar Members to Rate Local Judiciary
The LBA’s annual judicial evaluation of local sitting judges is set to begin in the coming
weeks. This year’s evaluation will include judges of the Jefferson Circuit and Family Courts
including any Senior Status judges currently sitting in those courts.
Each member of the Kentucky Bar Association residing and/or working in Jefferson
County, Kentucky will receive an invitation letter and postcard by postal carrier. Those
members who qualify under the evaluation guidelines will be asked to return the completed
postcard to the LBA’s project vendor, Thoroughbred Research
Submission deadline
reminders will be posted
to the LBA’s website
(www.loubar.org) as
reference for all Judicial
Evaluation participants.
Group, on or before the printed deadline. Those members who
return the postcard by the deadline will then receive an evaluation
booklet in the mail that should be completed and returned
per the evaluation guidelines.
Any attorney who qualifies under the stated guidelines but has
not received an invitation in past years should contact the LBA
by calling (502) 583-5314 or e-mail svaldez@loubar.org to verify
your contact information.
The judicial evaluation, which has been conducted since 1979, is
designed to provide constructive criticism to sitting judges in order
to allow them to improve their performance and maintain the
highest quality of justice delivered throughout Jefferson County.
Attorneys have a professional obligation to improve the operation
of the justice system. All attorneys having the requisite professional contact with one
or more of these judges should participate in this evaluation. •
www. loubar.org

Book Review
Secrets of the Kentucky Supreme Court
D. Scott Furkin
After 31 years in the judiciary, the last 24 as a member
of the state’s highest court, retired Justice Donald
C. Wintersheimer knows as much as anyone about
Kentucky law and the personalities who shaped it over the
last three decades. He shares much—but not too much—of
what he learned in a new memoir, Secrets of the Kentucky
Supreme Court (Adams Avenue Books), self-published
earlier this year.
In keeping with the character of Justice Wintersheimer—
highly regarded for his integrity, gentility and discretion—
there are no insider accounts of dialectical dustups between
his colleagues or ribald revelations about their personal
peccadillos. He surely could have written of these, but
then the book would have to be entitled Dirty Secrets of
the Kentucky Supreme Court.
Perhaps the closest Justice Wintersheimer comes to expose´
is his retelling of an incident that occurred in 1994
when the Supreme Court traveled to northern Kentucky
for oral arguments at the Chase College of Law. After one
argument, a Catholic nun who had been in the audience
approached him and mentioned that she thought several
of the justices behaved rudely by frequently talking
amongst themselves while the lawyers were addressing
the court. “This little episode highlights one of my pet
peeves with some of my colleagues, most of whom were
on the left side of the bench as you faced it,” he writes.
“Talking among members of the court during argument
is just that—rude.” True to form, Justice Wintersheimer doesn’t name names, but
court-watchers familiar with the court’s makeup at that time can deduce the offenders’ identities.
The largest portion of the book is devoted to Justice Wintersheimer’s reflections on the many
published opinions he authored during his long career on the high bench. Summarized are
nearly 700 cases decided by the Supreme Court between 1983–2006 in which he either wrote
a majority, concurring or dissenting opinion. Because a number of the most significant decisions
rendered by the court during that time are referenced, it is compelling, albeit somewhat
tedious, reading for anyone interested in the development of modern Kentucky case law.
The book gives a glimpse of behind-the-scenes judicial operations—things like how case assignments
are made, how preliminary decisions are reached in conference room discussions
immediately following oral arguments and how final votes are tallied after draft opinions have
been circulated amongst the justices.
“The daily activities of the Court are not well known because in some ways the Court does
operate out of the public spotlight,” notes Justice Wintersheimer. “Certainly most of our work
occurs in the reading, research and writing in our own chambers or offices.”
There are also some interesting insights into the court’s processes. For example, Justice
Wintersheimer points out that only about 15 percent of all discretionary review motions
filed in the Supreme Court are granted with the remaining 85 percent being denied. He goes
on to observe that “once a case is granted review, the percentages are almost reversed in
that 85 percent of the grants ultimately result in reversal, and only 15 percent of the original
decisions are affirmed.”
The most enjoyable parts of the book are those that reveal something of the personalities of the
jurists with whom Justice Wintersheimer served over the years. There are several references
to the late Justice Charles M. Leibson, with whom he enjoyed a cordial relationship despite the
fact that they frequently clashed over legal and constitutional issues. Justice Wintersheimer
writes that he once suffered mysterious pains which led to his being hospitalized in Frankfort
for several days while the court was in session. “Other than my wife and daughter, the only
visitor I had was Justice Leibson,” he recalls.
Anyone enticed by the title to expect a “tell all” tome will be disappointed
by this book. However, those interested in what the state’s highest court
was up to as a new millennium dawned will find it a worthwhile read.
As Justice Wintersheimer aptly notes in the conclusion: “(A)lthough there
is some mystery surrounding the Kentucky Supreme Court, the real secret
is that there is just a lot of hard work.”
D. Scott Furkin is the Executive Director of the Louisville Bar Association. •
www. loubar.org October 2010
5

Call for Nominations
Nominate a Worthy
Candidate
Each year the LBA recognizes certain
individuals who personify the best of
the legal profession with their work
and professionalism. We invite you to
consider the qualities that these awards
represent and nominate individuals
who exemplify their respective traits.
The criteria—part of which are listed
here—can be found in detail on the
LBA website at www.loubar.org.
To Submit a Nomination
Include the following information for
both submitter and the nominee:
• award name
• name or contact person
• address
• telephone
• e-mail
When writing your nomination letter,
consider the following information:
Describe the nominee’s contributions
as they pertain to the
award criteria; distinguishing
characteristics of the nominee’s
service to the LBA and the community;
additional information
that will assist the committee in
its deliberations.
Nomination letters and information
should be submitted either via e-mail
to Scott Furkin at sfurkin@loubar.org
or postal mail to:
LBA Awards
Louisville Bar Association
600 W. Main St., Ste. 110
Louisville, KY 40202–4917
Nominations due by
November 1, 2010
Justice William E. McAnulty Jr.
Trailblazer Award
This award was developed to honor
those who have had a significant impact
in promoting racial and ethnic diversity in
the legal profession. Individuals who receive
this award have been leaders in the legal community
and have been at the forefront of legal
and social change.
Past Award Recipients
2010 Laura M. Douglas
2009 Justice Joseph E. Lambert
2008 Hon. Denise G. Clayton
2007 Justice William E. McAnulty Jr.
2006 J. Michael Brown
2005 Hon. Benjamin Shobe
2004 Hon. Ernest A. Jasmine
2003 Hon. Janice Martin
Judge Benjamin F. Shobe
Civilit y & Professionalism
Award
Individuals receiving this award have consistently
demonstrated adherence to the highest
standards of civility, honesty and courtesy
in their dealings with clients, opposing parties
and counsel, the courts and the general
public. They have shown sustained excellence
through leadership in the profession.
Past Award Recipients
2009 Lively M. Wilson
(posthumously)
2008 Frank P. Doheny Jr.
2007 Justice William E. McAnulty Jr.
(posthumously)
2006 Justice Martin E. Johnstone
2005 John T. Ballantine
Justice Martin E. Johnstone
Special Recognition Award
This award is the highest recognition
bestowed upon an LBA member for outstanding
participation and partnership within
the legal community. An individual deserving
of this award has made a significant impact
in the Louisville community through professional
or volunteer efforts and exemplifies
what it means to be a lawyer.
Past Award Recipients
2009 Jeffrey A. Been
2008 J. David Niehaus
2007 Charles E. Ricketts Jr.
2006 Judge John G. Heyburn II
2005 Justice Martin E. Johnstone
2004 Dennis E. Bricking
2003 Wyatt, Tarrant & Combs
2000 David L. Nicholson
1995 Judge David L. Armstrong
1996 Justice Robert F. Stephens
1988 Daniel T. Goyette
1972 Robert Meisburg & Marlin Volz
Judge Richard A. Revell
Family Law Award
This award is presented to attorneys
who have been in the forefront of new
developments in the practice of family law.
They have exhibited dedication to families and
children through work both inside and outside
the courtroom. Award recipients have made
significant contributions to public service in
the area of family law and have demonstrated
innovation in the performance of their duties.
Past Award Recipients
2009 Richard H. Nash Jr.
2008 Barbara A. Sullivan
2007 Melanie Straw-Boone
2006 R. Gary Lowen
2005 Diana L. Skaggs
2004 G. Phillip Deeb Sr.
2003 Laurel S. Doheny
2002 Douglas Haynes
2001 Bryan Mark Mulloy
2000 Steven J. Kriegshaber
1999 William L. Hoge III
1998 William D. Tingley
1997 Joseph V. Mobley
1996 Judith McDonald Burkman
1995 Delores Pregliasco
Paul G. Tobin Pro Bono
Service Award
This award recognizes the work
of LBA members who have unselfishly given
time to improve the quality of society through
their legal work. Worthy nominees will be
LBA members who helped to deliver legal
services to the disadvantaged through a pro
bono program or cause.
Past Award Recipients
2009 John D. Borders Jr.
2008 David A. Lambertus
2007 Patrick J. Moran
2006 Patrick J. Renn & Steven R. Romines
2005 David A. Friedman
2004 Samuel L. Greenebaum
Public Service Program
2003 Don H. Major
2002 Laurel S. Doheny
2001 Frank Mascagni III
2000 R. Kenyon Meyer & John E. Selent
1999 Howard & Helmers
1998 David A. Friedman
1996 Bruce A. Brightwell
1995 Margaret E. Keane
1995 R. James Straus
1993 Martha J. Hasselbacher
1992 Linda Y. Atkins & Tom H. Atkins
1991 Larry D. Simon & Mason L. Trenaman
1990 Robert C. Webb
1989 Geoffrey P. Morris
1988 Michael G. Whitaker
1988 Robert C. Ewald
1987 Milton Metz
Frank E. Haddad Jr.
Young Lawyer Award
Nominees for this award must
have been practicing as a trial lawyer—either
criminal or civil—for less than five years.
Nominees must demonstrate an ability to
handle complex or unusual trials or appeals
and they must have garnered the respect
and admiration of the judiciary and of their
colleagues.
Past Award Recipients
2009 Casey S. Kimball
2008 Krsna I. Tibbs
2007 Justin C. Brown
2006 Daniel M. Alvarez
2005 Chastity R. Beyl & Misty D. Clark
2004 Brian C. Edwards
2003 William E. Sharp
2002 Michael S. Jackson
2001 J. Bart McMahon
2000 Steven R. Romines
1999 Christopher J. Klein
1998 Patrick J. Bouldin
1997 Steven C. Schroering
Judge of the Year Award
This award is presented to a
member of the bench who has
shown judicial integrity and professionalism.
A nominee for this award has
contributed to the community by volunteering
in civic organizations to help promote the image
of the legal profession and has established
a reputation for integrity, scholarship and
professionalism.
Past Award Recipients
2009 Hon. Geoffrey P. Morris
2008 Hon. Kathleen Voor Montano
(posthumously)
2007 Hon. Steve Mershon
2006 Hon. Donald E. Armstrong Jr.
2005 Hon. Thomas B. Russell
2004 Hon. Stephen M. George
2003 Hon. James M. Shake
2002 Hon. Joan L. Byer
2001 Hon. Boyce F. Martin Jr.
2000 Hon. Charles R. Simpson III
1999 Justice Martin E. Johnstone
1998 Hon. Richard J. FitzGerald
1997 Hon. Thomas B. Wine
1996 Hon. Thomas J. Knopf
1995 Justice Charles M. Leibson
1994 Hon. William E. McAnulty Jr.
1993 Hon. Virginia Whittinghill
1992 Hon. Benjamin F. Shobe
1991 Hon. Thomas A. Ballantine Jr.
1990 Hon. Ellen B. Ewing
1988 Justice Robert F. Stephens
1988 Hon. Edmund P. Karem
1987 Hon. G. William Brown
1985 Hon. Charles M. Allen
1980 Hon. Martin E. Johnstone
1976 Hon. Michael McDonald
1972 Hon. Marvin J. Sternberg
1972 Hon. George B. Ryan
6 Louisville Bar Briefs
www. loubar.org

Playing by Kentucky Rules
Researching the Kentucky Rules of Evidence
Kurt X. Metzmeier
“If you’re gonna play stickball in
Canarsie, learn Brooklyn rules!”
–Jack McCoy, “Law & Order: Blue Bamboo,” 1994.
The Kentucky Rules of Evidence (KRE) are as
an integral part of trial practice as the surprise
confession under a brutal cross-examination
is to the final act of a TV lawyer drama.
Because of this, many newer attorneys may
be shocked to find out that before 1992, Kentucky
had no codified evidence rules.
Indeed, for two centuries Kentucky lawyers
found the rules of evidence in the case law, using
digests and, when there was no state case
on point, in learned treatises like Greenleaf
on Evidence and McCormack on Evidence.
Before the Kentucky Rules of Evidence
The 1970s saw the publication of guides to
Kentucky evidence precedents like Richardson’s
Kentucky Law of Evidence, Civil
and Criminal (1976) and Lawson’s Kentucky
Evidence Law Handbook (1976).
Lawson’s treatise was particularly influential.
It was first published by the Kentucky Administrative
Office of the Courts (AOC). The
AOC was the organizational arm of the state
judicial branch, which had been empowered
by a 1975 state constitutional amendment to
create institutions to unify Kentucky’s courts.
The AOC enlisted University of Kentucky law
professor Robert G. Lawson to arrange all
“significant decisions” on Kentucky evidence
law in an orderly arrangement of black-letter
rules with attached cases and commentary.
The work was intended “as a point of embarkation
for judges and practitioners” to
help them find “quick answers” to evidence
questions.
The original Kentucky Evidence Law Handbook
went into additional editions and became
the authority on the rules of evidence in
Kentucky, assisted by the respect Bob Lawson
has garnered as the evidence professor for
generations of Kentucky lawyers and from
his hard work in a variety of legal reform
efforts in the state.
The Adoption of the KRE
As useful as Lawson’s Handbook was, it was
no substitute for a comprehensive code of
evidence rules. In the 1980s, the Kentucky
Evidence Rules Committee was established
to create such a code.
Chaired from 1987 on by Lawson, the Rules
Committee studied Kentucky precedents,
various model codes and the Federal Rules
of Evidence that had been adopted in 1975.
While the committee sought to “strive for uniformity
with the Federal Rules of Evidence,”
they “carefully prepared for each rule a commentary
which should be used in application
and construction of that rule.” (KRE, Study
Committee’s Prefatory Note). A final draft
report of the committee was completed in
1989, and the Study Committee Notes were
completed in July 1992.
The final version of the KRE was adopted as a
law by the Kentucky Legislature in 1992 (1992
Ky. Acts ch. 324), a move thought necessary
because the new rules repealed existing
statutes.
Interestingly, the Kentucky
Supreme Court, which normally
sets rules of court and
perhaps was concerned that
the legislature had intervened
on some of its turf,
also adopted “so much of the
Kentucky Rules of Evidence…
as comes within the rule making
power of the Court, pursuant
to Ky. Const. sec. 116” by an order dated
May 12, 1992.
Professor Lawson has discussed the KRE’s
unique status as both statute and court rule,
and the constitutional issues it raises, in an
important pair of articles, Interpretation of
the Kentucky Rules of Evidence—What
Happened to the Common Law, 87 Ky. L.J.
517 (1998–99) and Modifying the Kentucky
Rules of Evidence—A Separation of Powers
Issue, 88 Ky. L.J. 525 (1999–2000). (The two
articles are also valuable in that they give a
detailed history of the KRE’s adoption from
someone in the midst of the reform).
Researching the KRE
The best place to start researching an evidence
question is the annotated KRE in the rules
volumes of either the Michie’s or Baldwin’s
KRS. Both sets are annotated with cases citing
the current rule and sometimes with cases
prior to the adoption of that KRE that editors
nonetheless believe are useful. They also give
references to relevant treatise sections and to
law review articles.
One thing to remember is that the Michie’s set
is published by LexisNexis and thus tends to
cite to LexisNexis treatises, and the Baldwin
set is a Thomson West product and favors
its own publications, especially Kentucky
Practice treatises.
Kentucky Treatises
Treatises have always played a major role in
helping lawyers apply the rules of evidence.
Lawson’s Kentucky Evidence Law Handbook,
4th (LexisNexis) is just as valuable as it always
has been and it is not unusual for the first
question by a senior lawyer on an evidence
issue to be “what does Lawson say?” Lawson
[I]t is
not unusual for the
first question by a senior
lawyer on an evidence
issue to be “what does
Lawson say?”
is still a handbook on general Kentucky evidence
law and as such is organized topically
by the leading issues in the field.
Richard H. Underwood and Glen Weissenberger’s
Kentucky Evidence Courtroom
Manual (LexisNexis) is more trial practice
oriented and is organized by KRE section
so that lawyers can find answers quickly
from the counsel’s table. Each entry has the
rule boxed, with commentary, a quick
comparison to the federal rule,
summaries of significant cases,
and cites to other treatises.
One useful feature is that it
duplicates the 1992 KRE
Study Committee Notes in
an appendix.
There are other Kentucky
treatises that partially cover
evidence issues, especially some
of the volumes of Thomson West’s
Kentucky Practice series. Criminal law
practitioners will find Leslie W. Abramson’s
Criminal Practice and Procedure (Thomson
West) very helpful. Evidence issues play a
leading role in David N. Finley and Erin
Carlson’s Kentucky Motions in Limine and,
to a lesser degree, in Gary Weiss’ Trial
Practice. For those Kentucky rules closely
aligned with the Federal Rules of Evidence,
Weissenberger’s Federal Evidence (LexisNexis)
and Charles B. Gibbons’ Federal
Rules of Evidence with Trial Objections
(Thomson West) are valuable supplemental
references.
Legislative History
The most important part of the legislative
history of the original KRE is the 1992
Study Committee Notes. They were published
first in Kentucky Rules of Evidence, a 1992
publication of the University of Kentucky
College of Law Office of Continuing Legal
Education. Robert G. Lawson, William S.
Cooper and William H. Fortune’s Kentucky
Rules of Evidence, 2d is a 2002 update of
that early edition.
The 2002 edition has one table comparing
the KRE with both the Federal Rules of
Evidence and the former Kentucky case
law rules, and another table comparing
the federal “general authority references”
with the 1992 Kentucky study committee
commentary. As mentioned earlier, the
Study Committee Notes can also be found
in Underwood & Weissenberger Kentucky
Evidence Courtroom Manual.
A thorough researcher will also want to examine
the Kentucky Rules of Evidence: Final
Draft of the Evidence Rules Study Committee,
published by the Kentucky Bar Association
in 1989. The bulk of what was ultimately
adopted as the KRE is outlined in this draft
report, which only underwent a few changes
before the final evidence rules were adopted
three years later.
Conclusion
For writers of a Law & Order or CSI episode,
a point of evidence is just a device around
which to build a dramatic plot twist. But for
lawyers, the rules of evidence regulate how
their cases are presented, and whether or
not they can convince a jury to rule on their
clients’ behalf.
It’s not a game of stickball, and they play by
Kentucky rules.
Kurt X. Metzmeier is the
associate director of the
Law Library and Associate
Professor of Legal Bibliography
at the University of
Louisville School of Law.
He is the editor and principal
author of the Kentucky Legal
Research Manual, 3d. •
Experience Counts
Over 2,000 full settlement conferences
From sensitive, pre-litigation conflicts to complex,
multi-party employment, personal injury and business litigation.
www. loubar.org October 2010
7

LSC Board to Visit Louisville, Observe Legal Aid’s Innovative Programs
Jeffrey A. Been
On Monday, October 18, the Legal Services
Corporation will honor the following
law firm and individual from the Louisville
region:
Wyatt, Tarrant &
Combs
LSC recognizes
the Wyatt firm for its extraordinary commitment
and support of the Legal Aid Society.
The Wyatt firm has a long tradition of
pro bono service and in 2005 established
the Wyatt Fellowship. This Fellowship
pays for a full-time attorney at Legal Aid
to help victims of domestic violence.
Marshall P. Eldred
LSC also recognizes
Marshall P. Eldred’s
service to the low-income
client community
through more than 43
years of devoted service
on the Legal Aid Society
board. Eldred has served as chair of
the board for two terms and has chaired
numerous committees during his service
on Legal Aid’s board. His past awards and
honors include The Best Lawyers in America
2003–2011; Kentucky Super Lawyers
2008–2010; 2007 Kentucky Bar Association
Donated Legal Services Award,
and Chambers USA 2005, 2008–2010.
Eldred is one of the founding partners of
Frost Brown Todd. •
The Board of Directors of the Legal Services Corporation
(LSC) will be visiting Louisville on October 17–19 to
conduct its quarterly board meeting and to learn more
about the programs and services of the Legal Aid Society.
This is the first visit to Kentucky by the LSC board since LSC
was created in 1974. This visit provides the Legal Aid Society
an opportunity to showcase our innovative programming
and share with members of this national board the impact
of Legal Aid’s advocacy on behalf of low-income clients in
our community.
The LSC was created in 1974 to promote equal access to justice
and provide grants for high quality civil legal assistance to
low-income Americans. LSC distributes more than 95 percent
of its total funding to 136 independent non-profit legal aid
programs throughout the nation. LSC encourages programs
to leverage limited resources by partnering and collaborating
with other funders of civil legal aid, including state and
local governments, access
to justice commissions, the
private bar, philanthropic
foundations and the local
business community.
LSC is governed by a bipartisan
board of directors
whose 11 members are appointed
by the President and confirmed by the Senate. Local
attorney, Victor B. Maddox was appointed to the LSC board
in March 2010. Maddox is a partner in the Louisville law firm
of Fultz Maddox Hovious & Dickens, where he is responsible
for a broad range of trial, arbitration and appellate matters
involving constitutional and public policy law and commercial
and business litigation.
Maddox notes, “Each year, the LSC board selects only three
programs from across the country to visit. At these visits, the
board gains valuable insights into the regional needs of the
low-income client community and how programs are effectively
responding to these needs. The board has an opportunity to
learn of new practices a program may be implementing, while
looking for areas to improve and for innovations to share with
grantees across the country. I know our Board will have much
to learn from the Louisville Legal Aid Society. It is a great
opportunity to shine the spotlight on what this community is
able to achieve through its strong partnerships.”
“Each year, the LSC board selects only three programs
from across the country to visit… I know our board will
have much to learn from the Louisville Legal Aid Society.”
–Victor B. Maddox, LSC board member
In recent years, the Legal Aid Society has implemented many new
programs that serve targeted populations such as victims of domestic
violence, grandparents raising grandchildren and homeowners facing
foreclosure. It recently established the Kentucky Corps of Advocates
for Veterans program (KCAV) to connect low-income veterans or
individuals with a military connection to free legal resources to help
them resolve civil legal problems.
The KCAV is a good demonstration project of what a legal aid program
can do with both federal and local support. With initial funding from
LSC’s Technology Innovation Grants, Legal Aid Society collaborated
with veteran service organizations, the private bar and the Kentucky
Department of Veterans’ Affairs to develop the program which provides
veterans with resources and connects them to programs that
can help via websites and online intake systems.
With funding from the Louisville Bar Foundation, the Legal Aid Sociey
expanded this vision to provide veterans with direct legal assistance,
and to recruit and train volunteers to help veterans resolve general
civil problems or VA specific issues.
Legal Aid Society is one of only four
programs nationally to have received
LSC funding for this purpose and is
the only one that has since leveraged
additional resources with which to
expand services.
In addition to observing Legal Aid Society’s
operations, and conducting its own board meeting and separate
meetings of the board’s various committees, the LSC board will host
a reception in which it will recognize and honor eight individuals or
law firms who have made significant contributions to the delivery of
legal services in Kentucky.
The services of Legal Aid have never been more critical. With an
economy spiraling downward and unemployment exceeding ten
percent, Legal Aid is there to help those who cannot help themselves.
The work of Legal Aid is vital to our community by ensuring that all
people, regardless of their means, have access to
justice. We look forward to welcoming the LSC
board and recognizing those in our community
who have made a significant difference for those
less fortunate.
Jeffrey A. Been is the executive director of the Legal
Aid Society. To share your thoughts or to learn more
about the LSC and Legal Aid Society, you may contact
him at jbeen@laslou.org or (502) 614-3100. •
Family Law Mediation and
Alternate Dispute Resolution
Judge Richard FitzGerald (ret)
(502) 895-4583
(502) 727-1350
e-mail: FitzMediation@aol.com
THIS IS AN ADVERTISEMENT
8 Louisville Bar Briefs
www. loubar.org

Raindrops Keep Fallin ’ on My Head . . .
Ramble by the River—a family-friendly fitness walk/run for the legal community
and beyond—was held at Thurman-Hutchins Park on August 21. Even though the
weather did not cooperate, those who attended refused to let a little rain (okay, a
lot of rain and some thunder and lightning too!) dampen their enthusiasm. Most
important, funds were raised for the Samuel L. Greenebaum Public Service Program
at the University of Louisville School of Law and the LBA’s Back 2 School project
benefitting disadvantaged children in Jefferson County Public Schools.
Response was so positive that plans are already underway to make Ramble by the
River an annual event. Watch for details in future issues of Bar Briefs. Special thanks
to the following whose sponsorship helped make the inaugural event a success:
Ken Combs Running Store
Stephanie Pearce Burke
Ellie Kerstetter
Judge Katie King
Judge Sadiqa Reynolds
Judge Olu Stevens
Judge Mason Trenaman
Judge Jennifer Bryant Wilcox
Judge Erica Lee Williams
www. loubar.org October 2010
9

Local Lawyers, Unsung Heroes
In our community, there are many unsung heroes who give generously without thought or desire for
recognition. Many of these heroes are local lawyers who give hundreds of hours to those who otherwise
would not be able to afford representation. We would like to recognize the following volunteers who have
gone beyond the norm to make sure children, victims of domestic violence and families in strife receive
legal assistance so they can put hardship behind them and move forward with their lives.
Child Custody Project
Volunteer Attorneys
Volunteers represent children involved in
custody proceedings with the emphasis
being on children from low-income families.
The children are identified by family
court judges as those having unmet legal
needs and/or rights that may be affected.
Barbara M. Albert, Attorney at Law
Vickie M. Arrowood, Attorney at Law
Rose H. Benkert, Attorney at Law
Kenneth R. Burgess, Attorney at Law
Jacqueline M. Caldwell, Attorney at Law
Troy DeMuth, Helmers DeMuth & Walton
Nellie Draus Stallings, Attorney at Law
Marina Finegold, Attorney at Law
Ellen Gail Friedman, Attorney at Law
Mark Hyatt Gaston, Attorney at Law
Bryan Gowin, Attorney at Law
John E. Hamlet, Travis & Herbert
Christopher M. Harrell, Attorney at Law
Grant M. Helman, Helman & Rice
Richard W. Hill, Attorney at Law
Elizabeth McConahy Jenkins,
Zaino Jenkins & Associates
Armand I. Judah, Attorney at Law
Danny Kang, Hibberd Johnson Kang & Cook
Dana Wells Kellerman, Attorney at Law
Lauren A. Meschler, Attorney at Law
Susan M. Meschler, Meschler & Cunningham
Raymond J. Naber Jr., Naber Joyner & Jaffe
James O. Risch,
Benson Byrne Risch Siemens & Lange
Jason R. Segelon, Attorney at Law
Patricia A. Van Houten, Attorney at Law
Louis I. Waterman, Fore Miller & Schwartz
Katherine H. Whitten, Attorney at Law
Russell B. Zaino, Zaino Jenkins & Associates
Domestic Violence Advocacy Program
Volunteer Attorneys
Domestic Violence Advocacy Program
volunteers represent victims of domestic
violence in Jefferson County Family
Court proceedings where a domestic violence
order is sought.
James L. Adams, Dinsmore & Shohl
Tyson K. Adams, Stites & Harbison
Jeff W. Adamson, Boehl Stopher & Graves
Dina Barlett, Mary Byron Project
Katherine A. Bell, Stites & Harbison
Erin G. Berutti, Stites & Harbison
Jason A. Bowman, Cordell & Cordell
Bethany A. Breetz, Stites & Harbison
Douglas F. Brent, Stoll Keenon Ogden
K. Kelly Bryant, Stites & Harbison
Jeremiah A. Byrne, Frost Brown Todd
Michael A. Capiro, Wyatt Tarrant & Combs
Lindsay Y. Capps, Stites & Harbison
Thomas P. Claycomb, Stites & Harbison
Nicole T. Cook,
Hibberd Johnson Kang & Cook
Laurel K. Cornell, Fisher & Phillips
Brennan S. Cox,
Lynch Cox Gilman & Goodman
Sarah O. Cronan, Stites & Harbison
Kristie A. Daugherty, Wyatt Tarrant & Combs
Scott A. Davidson, Boehl Stopher & Graves
Ian C.B. Davis, Boehl Stopher & Graves
Lisa C. DeJaco, Wyatt Tarrant & Combs
Michael M. Denbow, Stites & Harbison
Robert W. DeWees III, Goldberg & Simpson
Allen M. Dodd, Dodd & Dodd
Julio V. Driggs, Frost Brown Todd
Michelle L. Duncan, Boehl Stopher & Graves
Liz D. Edmondson,
Kentucky Resource Council, Inc.
Mark J. Farmer, Wyatt Tarrant & Combs
Marjorie A. Farris, Stites & Harbison
Justin S. Fowles, Frost Brown Todd
Thomas G. Goodwin,
Boehl Stopher & Graves
Steven D. Gossman, Wyatt Tarrant & Combs
Lindsay M. Gray, Gwin Steinmetz & Baird
Sheldon L. Haden, Stites & Harbison
Mark C. Hahn, Wyatt Tarrant & Combs
Matthew J. Hallingstad, Attorney at Law
Taylor M. Hamilton, Morgan & Pottinger
Patricia L. Harmeling,
Phillips Parker Orberson & Arnett
Nicholas R. Hart,
Phillips Parker Orberson & Arnett
Martha J. Hasselbacher, Attorney at Law
Robert L. Heleringer, Attorney at Law
Carla De La Barra Helstrom,
Frost Brown Todd
Steven M. Henderson, Stites & Harbison
Tanisha A. Hickerson,
Boehl Stopher & Graves
Courtney Howell-Kidd, Howell & Kidd
Amy K. Jay, Stites & Harbison
Clark C. Johnson, Stites & Harbison
LeAnders L. Jones, Frost Brown Todd
Justin R. Key, Dodd & Dodd
Michael K. Kim, Stites & Harbison
Vonda Kirby, Stites & Harbison
Michael E. Kleinert, Stites & Harbison
Patricia C. Le Meur,
Phillips Parker Orberson & Arnett
Ruth E. Lerner, Attorney at Law
Jennifer K. Luhrs, Goldberg & Simpson
James N. Martin, Dinsmore & Shohl
Patrick J. Martinez, Wyatt Tarrant & Combs
Annette O. Mattingly, Humana
Chadwick A. McTighe, Stites & Harbison
Michael Merrick, Dinsmore & Shohl
Jamie K. Neal, Stites & Harbison
Victoria D. Oakley, Attorney at Law
Joshua M. O’Bryan, Frost Brown Todd
Karen M. Paulin, Stites & Harbison
Rodney D. Payne, Boehl Stopher & Graves
Hans Pfaffenberger, Goldberg & Simpson
Matthew A. Piekarski,
Phillips Parker Orberson & Arnett
D. Cooper Robertson, Stites & Harbison
D. Christopher Robinson, Frost Brown Todd
Christina Ryan, Stites & Harbison
Shelley M. Santry,
University of Louisville Law Clinic
Rebecca R. Schafer, Huddleston Bolen
Aaron J. Silletto, Goldberg & Simpson
Raymond G. Smith, Boehl Stopher & Graves
Jessica T. Sorrels,
Lynch Cox Gilman & Goodman
Eleanor S. Stepusin, Stites & Harbison
Charles H. Stopher, Boehl Stopher & Graves
Lauran M. Sturm, Stites & Harbison
Melinda T. Sunderland, Morgan & Pottinger
Stephen D. Thompson, Dinsmore & Shohl
Katherine K. Tipton,
Phillips Parker Orberson & Arnett
Louis I. Waterman, Fore Miller & Schwartz
Whitney F. Watt, Stites & Harbison
Eric M. Weihe, Stoll Keenon Ogden
Scott A. Weinberg,
Lynch Cox Gilman & Goodman
Rebecca A. Weis, Stites & Harbison
Ben T. White II,
Phillips Parker Orberson & Arnett
Cassandra J. Wiemken, Stites & Harbison
Darran D. Winslow,
Lynch Cox Gilman & Goodman
Emily W. Zahn, Dinsmore & Shohl
Pro Se Divorce Clinic
Volunteer Attorneys
Volunteers assist pro se litigants in completing
divorce forms at the Judicial Center
on the 2nd and 4th Friday of each month.
Thomas E. Banks II, Attorney at Law
Colleen A. Clemons, Grossman & Moore
Nicole Cook, Hibberd Johnson Kang & Cook
Allen M. Dodd, Dodd & Dodd Attorneys
Alissa M. Domine,
Eddins-Domine Law Group
Mary Jo W. Gleason,
Kentucky Court of Appeals
Christopher M. Harrell, Attorney at Law
W. Bronson Howell, Howell & Kidd
Janet Yu Johnston,
Eddins-Domine Law Group
Danny Kang, Hibberd Johnson Kang & Cook
Angela R. Kinser, Attorney at Law
Jason A. Kinser, Attorney at Law
Michelle E. Mapes,
Diana L. Skaggs + Associates
Jesse A. Mudd,
Greenebaum Doll & McDonald
Sarah J. Nielsen,
Diana L. Skaggs + Associates
Lauren A. Ogden, Ogden & Ogden
Rebecca R. Schafer, Huddleston Bolen
Melanie Straw-Boone,
Pregliasco Straw-Boone & Doheny
James S. Taylor, Attorney at Law
More Heroes Needed
Rule 6.1 of the Kentucky Rules of Professional
Conduct encourages every lawyer to render
pro bono legal services. The Commentary
to the rule points out that “(t)he basic
responsibility for providing legal services for
those unable to pay ultimately rests upon the
individual lawyer, and personal involvement
in the problems of the disadvantaged can be
one of the most rewarding experiences in the
life of a lawyer. Every lawyer, regardless of
professional prominence or professional
workload, should find time to participate in
or otherwise support the provision of legal
services to the disadvantaged . . .” •
10 Louisville Bar Briefs
www. loubar.org

Save the
(pro bono) Week
Since 1993, the Louisville Pro Bono Consortium has primarily worked to
serve the legal needs of the low-income community. By helping to inform
LBA members about gaps in services, recruiting volunteer attorneys for
pro bono efforts and developing programs to help address these critical
needs, the Consortium has been successful in achieving its objectives.
This year, to help highlight our local efforts, we are celebrating Pro Bono
Week October 25–29 with a host of planned activities both during the
week and throughout the month.
Join us at one or more of the events and find out what you can do to help:
Schedule of Events
October 6
Pro Se Divorce Clinic
10 a.m. – 12:30 p.m.
Legal Aid Society, 416 W. Muhammad Ali Blvd.
Contact: Leslie Clemons at LClemons@laslou.org
October 8 & 22
Pro Se Divorce Clinic
10 a.m. – noon
Judicial Center, 700 W. Jefferson St.
For additional information or to register as a volunteer for any of the Pro Bono
Week programs, contact Kate Lindsay at klindsay@loubar.org or (502) 292-6729.
October 19
Call-A-Lawyer
6 – 8 p.m.
Louisville Bar Center, 600 W. Main St.
October 20
Pro Se Divorce Clinic
10 a.m. – 12:30 p.m.
Legal Aid Society, 416 W. Muhammad Ali Blvd.
Contact: Leslie Clemons at LClemons@laslou.org
October 26
Will Clinic (in conjunction with the Louisville Metro Housing Authority)
9 a.m. – noon
Mabel Wiggins Investment Center, 1411 Algonquin Pkwy.
Contact: Leslie Clemons at LClemons@laslou.org
October 27
Cyber Safety Program by Exploited Children’s Help Organization
Topics discussed include cyberbullying, dangers of social websites
and posting personal information, etc.
Open to all LBA members and their families
Noon – 1 p.m.
Louisville Bar Center, 600 W. Main St.
October 28
Senior Seminar
Paul O’Bryan, speaker
10:30 a.m.
St. Elizabeth of Hungary, 1016 E. Burnett
Domestic Violence Prevention Coordinating Council (DVPPP) Training:
Learn about the challenges faced by domestic violence victims.
11 a.m. – 1 p.m. or 2:30 – 4:30 p.m.
Louisville Bar Center, 600 W. Main St.
2.0 CLE Hours – pending
To attend contact: Stephanie Stidham at (502) 574-5088
October 29
Pro Bono Thank You Event: Breakfast & Ethics CLE
8:30 – 10 a.m.
Louisville Bar Center, 600 W. Main St.
1.0 Ethics CLE Hour – pending
(Invitation Only)
www. loubar.org October 2010
11

Corporate Affiliate Conflicts
(continued from front page)
In a unanimous opinion written by Senior Circuit
Judge Ralph Winter, the Second Circuit
has provided a useful analysis of the issue.
The opinion affirmed GSI Commerce Solutions,
Inc. v. BabyCenter, LLC in which a 500
person firm, Blank Rome, LLP, headquartered
in Philadelphia, was disqualified from the
representation of a client (GSI Commerce
Solutions, Inc.) adverse to a wholly owned
subsidiary (BabyCenter, LLC) of another
client (Johnson & Johnson) represented by
the firm.
Significantly, each of the three circuit judges
on the panel (Winter, Raggi and Livingston),
and the district judge who initially decided
the disqualification motion, had experience
in large, multi-office firms at some point in
their careers before they became members
of the federal judiciary.
While the issue is one that regularly confronts
practitioners in such environments and inhouse
counsel, it is also one that increasingly
confronts all lawyers who represent business
interests with affiliates or joint ventures.
GSI arises out of a big firm/corporate litigation
context. Its lessons, however, are useful
across the board.
The district court disqualified Blank Rome,
and the Second Circuit affirmed, on the basis
that the doctrine forbidding concurrent
representation without consent codified in
ABA Model Rule 1.7 (see KRPC 1.7) applied
because the relationship between BabyCenter
and Johnson & Johnson (J&J) , which the law
firm represented in other matters, was so
close that the two were essentially one client
for disqualification purposes.
Background
The Attorney-Client Relationship
In 2004 Blank Rome entered into a client
engagement with J&J for compliance and
privacy matters involving J&J and its affiliates
in connection with a European Union Data
Protection Directive—an issue completely
unrelated to the matter ultimately in dispute.
The client engagement letter contained a provision
waiving certain conflicts of interest relating
to Blank Rome’s ongoing representation
of another unrelated client in a specific patent
matter adverse to a J&J corporate affiliate.
Subsequently, in 2005 Blank Rome returned
to J&J and requested another waiver to which
J&J agreed, amending the terms of the 2004
engagement letter. This waiver was for Blank
Rome’s representation of unrelated generic
drug manufacturers in patent-related matters.
Blank Rome advised J&J and its affiliates,
including BabyCenter, on a number of
privacy-related issues. Importantly, at no time
did Blank Rome ever advise J&J with respect
to the central issue in its dispute with GSI, an
E-Commerce Services Agreement between
GSI and BabyCenter. Nor did Blank Rome
ever receive confidential information from J&J
or BabyCenter relevant to the E-Commerce
Services Agreement during its representation
of J&J.
Notwithstanding the consents obtained for
the specified conflicts in other matters, Blank
Rome never sought J&J’s or BabyCenter’s
consent to waive any conflicts between Blank
Rome’s ultimate representation of GSI and its
ongoing representation of J&J.
The Relationship Between
J&J and BabyCenter
BabyCenter, LLC was a wholly owned subsidiary
of J&J that operated as an online
media center. It relied on J&J for almost all of
its business services, including accounting,
audit, cash management, employee benefits,
finance, HR, IT, insurance, payroll and even
travel services, even to the point of selecting
outside counsel. It also relied on J&J’s law
department to provide legal services.
Finally, J&J exercised a degree of management
control over BabyCenter’s business decisions.
The Relationship Between
BabyCenter and GSI
GSI entered into an agreement with BabyCenter
in 2006 where it agreed to run the day to
day operations of BabyCenter’s online store
for young mothers in return for a percentage
of revenues over a five-year period. Baby-
Center closed the online store prematurely,
and GSI, pursuant to the contract, demanded
mediation for its alleged lost profits.
Procedural Posture
The mediation demand was sent by a Blank
Rome lawyer. Mediation was attempted, with
Blank Rome representing GSI, and members
of the J&J law department and another outside
firm representing BabyCenter. The mediation
was unsuccessful.
Pursuant to the contract, GSI—again through
Blank Rome—demanded arbitration. Baby-
Center’s lawyers informed GSI that it would
not enter arbitration until Blank Rome ceased
to represent GSI. GSI, again through Blank
Rome, filed a motion to compel arbitration in
the District Court. BabyCenter immediately
moved to disqualify Blank Rome.
The District Court disqualified Blank Rome
on the basis that there was a concurrent
conflict, and while it was consentable, Blank
Rome had not obtained J&J’s consent to the
concurrent representation.
Second Circuit’s Analysis
The Second Circuit recognized that the public
policy interest in a client’s right freely to
choose his counsel has to be balanced against
the need to maintain the highest standards of
the profession and the lawyer’s duty of loyalty
to a client. This was a case of first impression
for the Second Circuit.
Indeed, there appeared to be no other federal
circuits who have addressed the issue,
although several federal district courts and
several state appellate courts have done so.
There are no reported cases in Kentucky.
While acknowledging that it was not bound
on a disqualification motion to follow the
ABA Model Rules of Professional Conduct or
the applicable state rules, the Second Circuit
started its analysis by stating:
The ABA’s Model Rules of Professional
Conduct provide that a “lawyer who
represents a corporation or other organization
does not, by virtue of that
representation, necessarily represent
any constituent or affiliated organization,
such as a parent or subsidiary.” ABA
Model Rule of Prof’l Conduct 1.7 cmt. 34
(2006). This statement embodies what is
often termed the “entity theory” of representation…However,
an attorney may not
accept representation adverse to a client
affiliate if “circumstances are such that the
affiliate should also be considered a client
of the lawyer…”ABA Model Rule of Prof’l
Conduct 1.7 cmt. 34 (2006). The ABA
discussed this subject further in a 1995
Opinion Letter, concluding that “whether
a lawyer represents a corporate affiliate of
his client…depends not upon any clear cut
per se rule but rather upon the particular
circumstances.” Am. Bar Ass’n Comm. On
Prof’l. Ethics, Formal Opinion 95-390
(1995), reprinted in ABA/BNA Lawyers
Manual on Prof’l. Conduct Ethics Opinions
1991-95, pp. 1001:262 (1996).
(The Kentucky Supreme Court adopted Model
Rule 1.7, and Comment 34 on corporate affiliate
conflicts effective July 15, 2009.)
The Second Circuit looked at a number of factors
to apply a balancing test as to whether a
corporate affiliate conflict exists. The factors
it applied include:
1. The degree of operational commonality
between affiliated entities; and
2. The extent to which one depends financially
on the other.
With respect to the degree of operational commonality,
the Court noted that other courts
had considered:
• The extent to which entities rely on a
common infrastructure;
• The extent to which the affiliated entities
rely on or otherwise share common
personnel such as managers, officers
and directors;
• The extent to which affiliated entities
share responsibility for both the provision
and management of legal services.
“This focus on shared or dependent
control over legal and management
issues reflects the view that neither
management nor in-house legal counsel
should, without their consent, have to
place their trust in outside counsel in one
matter while opposing the same counsel
in another.”
As to financial interdependence, the Court
noted that several courts had considered:
• The extent to which an adverse outcome
in the matter at issue would result in
substantial and measurable loss to the
client or its affiliate;
• The entities’ ownership structure, with
at least one lower court holding that
an affiliate’s status as a wholly-owned
subsidiary of the client may suffice to
establish a corporate affiliate conflict.
The Second Circuit, however, rejected—as
did the ABA—the bright line of whether
12 Louisville Bar Briefs
www. loubar.org

one entity is a wholly owned subsidiary of
the other, “at least when the subsidiary is
not otherwise operationally integrated with
the parent company.” Instead, the Second
Circuit, applying the facts to the commonality
principles outlined above, found that the
degree of operational commonality between
BabyCenter and J&J was sufficiently strong
to establish that the two entities should be
treated as one single client for purposes of a
disqualification motion.
The Court also determined that there was
a degree of overlap in management control
between J&J and BabyCenter, thus indicating
a degree of financial interdependence; the
fact that BabyCenter was a wholly owned
subsidiary appears to have been of lesser
importance.
Additionally, the Court, while recognizing
that there could be non-waivable corporate
affiliate conflicts of interest, stated that in this
instance J&J’s consent to Blank Rome’s representation
of GSI would have been dispositive
of the issue. Having apparently never been
presented with a consent option by Blank
Rome, and ultimately having chosen not to
consent, J&J was on solid ground in seeking
Blank Rome’s disqualification.
In reaching its holding, the Court noted
that the disqualification factors were not
outweighed by those that would support the
opposite conclusion.
For example, the dispute between GSI and
BabyCenter was completely unrelated to the
matters upon which Blank Rome represented
J&J. It was also completely unrelated to the
discrete past representation where Blank
Rome had advised BabyCenter. Additionally,
J&J and BabyCenter never publicly presented
themselves as a single legal entity; the contract
specifically prohibited GSI from mentioning
that J&J had anything to do with BabyCenter.
Most assuredly, J&J was not financially
dependent on BabyCenter. Separate Blank
Rome lawyers represented GSI in its dispute
with BabyCenter and J&J. The opinion does
not show what steps were taken to avoid a
conflict. All we know is that J&J never
consented to the representation.
The Court simply found that the
factors establishing operational
commonality trumped these
counter factors.
Application
As a practical matter, before
ever having accepted
the representation of GSI
against BabyCenter in
what clearly was a
corporate affiliate
concurrent conflict
of interest, Blank
Ro m e s h o u l d
have talked the issue
through with
not only J&J, but also
with GSI.
While hindsight
is always 20/20, it seems that asking the appropriate
questions on operational commonality
and financial interdependence between
J&J and BabyCenter could have avoided this
debacle.
A good place to start would have been a review
of BabyCenter’s and J&J’s websites, and
then entering into careful, probing conversations
with the appropriate BabyCenter and
J&J staff counsel.
The practical takeaway is to seek the corporate
affiliate’s consent if the concurrent
representation is ethically permissible.
If the consent of the appropriate
corporate affiliate is not
forthcoming, then the
wisest course is simply
not to accept the representation.
Assume that only after
accepting the GSI representation
did Blank
Rome ultimately learn
the extent of operational
commonality and financial
interdependence between
J&J and BabyCenter;
could it have withdrawn as
counsel for GSI?
Perhaps it could have
withdrawn under Model
Rule 1.16 (KRPC
1.16) at an early stage
before GSI would
have been prejudiced. Here, however, Blank
Rome took the representation all the way
through mediation and then into Court when
BabyCenter refused to arbitrate until Blank
Rome withdrew.
The Second Circuit also held that the mediation
efforts of Blank Rome with BabyCenter
and J&J lawyers did not constitute a waiver
by J&J. While it is not stated in the opinion,
one can only surmise that Blank Rome by that
point would have been delighted to withdraw.
My hunch is that GSI, having relied on Blank
Rome for legal advice all the way through
mediation and into a motion to compel arbitration,
refused to permit the firm to withdraw.
Because Kentucky tracks Model Rule 1.7
and Comment 34, and in the absence of any
definitive case law by a Kentucky appellate
court or the Sixth Circuit,
then the Kentucky
practitioner should follow
the strictures of GSI
in analyzing corporate
affiliate concurrent conflicts
of interest.
Richard H. C. Clay is a
partner in the Business
and Fiduciary Litigation
Section of Dinsmore &
Shohl and serves as the
firm’s Kentucky Ethics and
Loss Prevention Partner;
Jeremy S. Rogers is an associate
in the firm’s Litigation
Section. •
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Member Appreciation Fair
Until Next Year ...
Thanks to all who made the 4th Annual
Member Appreciation Fair a smashing
success! This lively event—held on September 2 in conjunction
with the Kentucky Law Update program—gave LBA
members and friends a chance to visit the Bar Center and enjoy
one another’s company along with a complimentary lunch, gourmet
coffees, door prizes and a showcase of the benefits of belonging to a
thriving metropolitan bar association. Special thanks to the following
sponsors and exhibitors who helped make it all possible:
Blue Bell Creamery . Consumers Choice Coffee
. Duplicator Sales & Service . Lawyers Mutual Insurance Company of
Kentucky . Logan Lavelle Hunt Insurance & Wealth Management
. Miller Insurance Agency . National Insurance Company . PICA Group
. Premier Integrity Solutions . Republic Bank . Salix . Spaid Nursing
. Stock Yards Bank & Trust . W.B. Griffin & Son – Pearl Insurance
Congratulations to the following
winners of door prizes:
Tom Ebendorf: winner of a Kindle ebook reader
(donated by the Louisville Bar Association)
Amy Jones: winner of a Pierre Cardin pen
(donated by Miller Insurance Agency)
Joseph Miller: winner of $50 American Express gift card
(donated by Salix)
Lyndell Pickett: winner of a $50 gift card to Napa River Grill
(donated by Spaid Nursing)
Sandra Ragland: winner of a $50 Visa gift card
(donated by W.B. Griffin & Son - Pearl Insurance)
Richard Schuster: winner of a $100 gift card to Bristol Bar & Grille
(donated by Premier Integrity Solutions)
Debra Stamper: winner of a bottle of Maker’s Mark bourbon
(donated by PICA Group)
Lloyd Vest: winner of a round of golf for four at Wildwood Country Club
(donated by Duplicator Sales & Service)
14 Louisville Bar Briefs
www. loubar.org

Federal Bar Association, Kentucky Chapter
and the
Louisville Bar Association
present
Federal Practice Seminar 2010
October 7, 2010
12:00 p.m. - 3:15 p.m. Eastern time
U.S. Courthouse
601 West Broadway
Louisville, KY 40202
Topics & Speakers
Professionalism and Civility in the Courts
Hon. Thomas B. Russell, Chief Judge, United States District Court, W.D. Ky.
Ethics and E-Discovery Update
E. Kenly Ames, English, Lucas, Priest & Owsley, LLP
U.S. Attorneys’ Update
David J. Hale, United States Attorney, W.D. Ky.
Kerry B. Harvey, United States Attorney, E.D. Ky.
Employment Law Update:
Third Party Retaliation Claims and Social Networking
Leigh Latherow, VanAntwerp, Monge, Jones, Edwards & McCann, LLP
Lunch will be provided,
Courtesy of the United States District Court, W.D. Ky.
Credits:
3.0 (Including 1.0 Ethics) CLE Hours – Pending
Cost:
FBA & LBA Members: $30
Non-members: $60
To register, contact the Louisville Bar Association:
(502) 583-5314 or www.loubar.org
LBA Half-Day
Kentucky Uniform Prudent Management of Institutional Funds Act (KRS Ch. 273):
Pitfalls from an Institutional Investment Management Perspective
Wednesday, October 20
Kentucky’s adoption of the Kentucky Uniform Prudent Management of Institutional Funds Act (KYUPMIFA) has indirectly codified so-called
Modern Portfolio Theory (MPT) of finance and economics. Attorneys, therefore, should have a working knowledge of institutional investment
management according to MPT. Ignorance of the law may never be an excuse, but what about ignorance of facts indicating that a law may be
flawed? What about ignorance of the facts on the part of a law (or the legislators enacting the same)?
Topics will include:
• A legal and economic history of MPT
• Statistical flaws of MPT
• Law of KYUPMIFA from the perspective of what incidental investment management knowledge attorneys need to posses
• Ethical quandaries
• The role of consultants in the financial market crisis
• How to assist clients in monitoring the consultants’ monitoring KYUPMIFA-covered policies
• And more
Attention CLE Attendees:
Speaker: Jeffrey A. Sexton, Arsenal Investment Advisors
All CLE prices reflect pre-registration costs. Please add $10 processing
fee to cost if registering the day of the event. We cannot guarantee
Time: 8:45 a.m. — Registration
9 a.m. – 12:15 p.m. — Program
lunch when you register on the day of the event.
Place: LBA, 600 W. Main Street
Cancellation Policy:
Price: $90 Members / $180 Non-Members
All cancellations must be received by the LBA 24 hours in advance to
Credits: 3.0 (Including 1.0 Ethics) CLE Hours — Pending
receive a credit or refund. Cancellations received the day of the event
will require payment for the seminar.
www. loubar.org October 2010
15

Earn Up to
6 hours CLE Credit!
CLE Video & Audio Library
The KBA allows attorneys to earn up to
6.0 hours of CLE credit per year by viewing
or listening to any of the accredited self-study
materials listed below. The LBA offers a library of DVDs and
audio CDs for your convenience. Advanced registration is
necessary to guarantee that the requested title is currently
in stock. You may reserve your copy by phone, mail or fax.
To request delivery or pick up, or to arrange for additional
participants at one viewing, please call (502) 583-5314.
DVDs
2.0 CLE Hours
($70 LBA Members; $140 Non-members)
• Cultural Awareness as a Means to Resolution:
Paying Attention to Culture in ADR**
• Representing Litigants at Domestic Violence Hearings
• Advanced Cross Examination
• Systematic Statutory Interpretation
• Sports Liability in the Context of Sovereign Immunity
2.0 CLE (Including 1.0 Ethics) Hours
($70 LBA Members; $140 Non-members)
• To Sue or Not To Sue:
Helpful Hints in Collecting More of Your Receivables**
2.0 CLE Ethics Hours
($70 LBA Members; $140 Non-members)
• The Ethics of Law Firms & Office Sharing**
• Professional Responsibility 2009
• Professionalism in the Bar, Impartiality on the Bench
• Role of Judges In Establishing & Ensuring Professional
Conduct
• Courtroom Civility & Ethics
• Selecting KY Judges: Merit Selection or the Ballot Box?
• Obstreperosity: Is it “Takes one to know one”
3.0 CLE Hours
($105 LBA Members; $210 Non-members)
• Winning Ugly: Preparing & Trying Your First Case
Audio CDs
2.0 CLE Ethics Hours
($70 LBA Members; $140 Non-members)
• Bottom Line: Fees, Billing & Collections, Ethical &
Effective Billing Practices
• Legal Malpractice Avoidance
• Recent Developments in Legal Ethics
3.0 CLE Hours
($105 LBA Members; $210 Non-members)
• Extraordinary Seminar for Extraordinary Event
**Denotes New 2010 Addition to the CLE Library
For a listing of available titles and rental policies visit the LBA
website, www.loubar.org, scroll down the home page and click
on the “CLE Video & Audio Tapes” link. Additional shipping
& handling charges will be applied to orders to be shipped.
Rentals are good for one week. •
Real Estate
Brown Bag
Zoning Law Update
Wednesday, November 3
The Real Estate section is pleased to welcome
guest speaker Glenn Price from Frost Brown
Todd as he presents an update on zoning law.
More information will be added to the LBA website,
www.loubar.org, as it becomes available.
Speaker: Glenn A. Price, Frost Brown Todd
Time:
Place:
Price:
Credits:
10:45 a.m. — Registration
11 a.m. – 1 p.m. — Program & Lunch
LBA, 600 W. Main Street
$60 Members / $120 Non-Members
Add $7 for lunch
2.0 CLE Hours — Pending
Family Law Half-Day
Mark your Calendar!
Thursday, November 4
The Family Law Section is planning a halfday
CLE program for November 4 at the Bar
Center. More information will be added to the
LBA website, www.loubar.org, as it becomes
available.
Time:
Place:
Price:
Credits:
8:45 a.m. — Registration
9 a.m. – 12:15 p.m. — Program
LBA, 600 W. Main Street
$90 Members / $180 Non-Members
3.0 CLE Hours — Pending
Looking for more CLE
Programs?
The seminars listed here were scheduled at the
time of printing. For a full list of CLE programs
and for complete details or to register, visit the
LBA website at www.loubar.org or call the
CLE Department at (502) 583-5314. •
Section Leadership
Positions Available for 2011!
Want to become more involved in the Louisville
Bar Association? Want to be more engaged
in your practice area? We have several
volunteer positions as either section chair or
vice-chair available for the 2011 year.
If you are interested in becoming more involved,
contact Lisa Maddox Anspach at (502)
583-5314 or lmaddox@loubar.org. •
Louisville Bar Association
in Partnership with the
American Constitution Society
Legal Education — The Role of the Bench, the
Bar and the Academy
Thursday, November 4
Speakers will discuss the role that judges, bar associations and law
schools play in meeting the needs of law school graduates in this demanding
economy.
Speakers include: Chief Judge Boyce F. Martin Jr., U.S. Court of Appeals
and Dennis Honabach, Dean of the Salmon P. Chase College of Law
Time: 4:45 p.m. — Registration
5 p.m. – 6 p.m. — Program
Place: LBA, 600 W. Main Street
Price: $30 Members / $60 Non-Members
Credits: 1.0 CLE Hour — Pending
Solo/Small Firm Brown Bag
Being Prepared: Dealing with Disability, Disaster,
or Unexpected Events
Wednesday, November 17
Formulate an action plan to protect your law practice, your clients and
your family in the event of temporary disability, incapacity or unexpected
events. Review state of the art thinking about checklists, questions, forms
and agreements to put your plan in place.
Speakers to be announced.
Time: 10:45 a.m. — Registration
11 a.m. – 1 p.m. — Program & Lunch
Place: LBA, 600 W. Main Street
Price: $60 Members / $120 Non-Members
Add $7 for lunch
Credits: 2.0 CLE Hours — Pending
Want to Become More Involved in the LBA?
The LBA has a strong CLE program and relies heavily on its
attorney members and others to volunteer their time to present
programs. We are always looking for new and interesting topics
and for speakers. There are many benefits to presenting a
CLE for the LBA.
Some of these benefits include:
• exposure to the legal community as an “expert”
in your field;
• CLE credit for preparation and speaking time;
• an opportunity to network with attorneys and
others in the business community.
We are also seeking attorneys who will to take on section leadership
roles within the LBA. If you are not actively involved in the
section(s) that apply to your area of practice, contact the chair or
vice-chair of that section and see how to become more involved!
For more information, or to volunteer, please contact Lisa Maddox
Anspach at (502) 583-5314 or lmaddox@loubar.org. •
16 Louisville Bar Briefs
www. loubar.org

Judges Online
A Review of Ethics Opinions Concerning Judges’ Use of Social Networking Sites
William E. Sharp
On January 20, 2010, the Ethics Committee
of the Kentucky Judiciary issued
JE-119—an opinion addressing the propriety
of judges’ use of social networking sites.
The Committee specifically considered whether
judges’ participation on such sites, coupled
with the “friending” of lawyers or others likely
to appear before them, violated Kentucky’s
Judicial Cannons by creating either an appearance
of impropriety, or the impression
that the judge’s online friends are in a special
position to influence the judge.
In evaluating the nature of these online contacts,
the Committee noted that one’s status as
a friend in the context of social networking
sites “does not, in and of itself, indicate the
degree or intensity of a judge’s relationship”
with the person.
The Committee concluded that while these
online connections are more public (and their
online communications more permanent)
than traditional social interactions, they are
insufficient, by themselves, to require a judge’s
recusal or to convey an appearance of special
influence.
However, the Committee indicated that because
Cannon 3E(1) requires recusal when
a judge’s impartiality “might reasonably be
questioned,” the nature and quality of online
communications with a lawyer, party or witness
might necessitate recusal (or disclosure)
in a particular case depending upon the
circumstances.
By contrast, Florida’s Judicial Ethics Advisory
Committee (JEAC) reached the opposite
conclusion in November 2009 (Opinion
2009-20). Specifically, the JEAC found that
a judge’s act of designating lawyers as friends
on a social networking site (coupled with
the communication of that status to others)
“conveys or permits others to convey the
impression that [those individuals] are in a
special position to influence the judge.”
Of particular importance to the committee’s
conclusion was that: the judge must affirmatively
select an individual to become an online
friend; and that these online connections are
then conveyed to third persons.
According to the JEAC, the publication of
these online attorney-judge connections, particularly
to non-lawyers who are unfamiliar
with the rules governing judicial conduct,
conveys an impression that the lawyers are
uniquely situated to influence the judge.
In a follow-up opinion, the JEAC also considered
inquiries from two Florida judges who
proposed various methods designed to dispel
any impression that the judges’ online friends
possess any special influence (Opinion 2010-
06). Specifically, the judges suggested:
1. Posting an online disclaimer stating
either that the online friends are mere
“acquaintance[s]” and not friends “in the
traditional sense,” or that one’s status as
an online friend “in no way means that
the person is in any position to influence
[the judge’s] decision in any case”;
2. Adopting a policy of accepting all friend
requests from known individuals (and
from unknown persons who have friends
in common with the judge) and clearly
communicating this policy online; and,
3. Adopting a policy of accepting all friend
requests from attorneys.
The JEAC rejected the notion that these
proposals, either alone or in combination,
were sufficient to overcome the impression
of special influence created by the attorneyjudge
connections on social networking sites.
In two related opinions, however, the JEAC
did find it permissible for both judicial assistants
(Opinion 2010-04) and candidates for
judicial office (Opinion 2010-05) to participate
on social networking sites, even if such
participation involved having online friends
that include attorneys who appear before the
assistant’s supervising judge, or who would
appear before the judicial candidate if elected.
Other jurisdictions have also considered
the issue and thus far, Kentucky’s approach
seems to be in the majority. For example,
New York’s Advisory Committee
on Judicial Ethics analogized
judges’ participation on
social networking sites (and
the inclusion of attorneys as
online friends) to that of simply
socializing in a public setting
(Opinion 08-176).
The Committee cautioned,
however, that the publicly
viewable aspect of these online
connections required careful consideration
of whether the contact, either “alone or in
combination with other facts,” would require
disclosure or recusal. The Committee specifically
noted that the presence of additional
facts, e.g., an attorney’s increased access to
the judge’s personal information, may contribute
to the appearance of a stronger bond
between the attorney and judge that might
require recusal.
Similarly, South Carolina’s Advisory Committee
on Standards of Judicial Conduct concluded
in Opinion 17-2009 that a judge’s inclusion
of law enforcement officers and court
employees as friends on a social networking
site did not, by itself, create an “appearance
of impropriety.”
Interestingly, the South Carolina Committee
found that the publicly available nature of the
judges’ online contacts would not convey an
impression of special influence, but rather
would promote public understanding by allowing
the community “to see how the judge
communicates” and by providing a “better
understanding of the judge.” This conclusion
seems at odds with Florida’s more protectionist
(and arguably paternalistic) view.
It must be noted, however, that even in those
opinions allowing judges to participate on
social networking sites, they all repeat a common
admonition that judges must be mindful
to ensure that their online activities comply
with all applicable rules governing judicial
conduct. For example, Kentucky’s Committee
noted that the judge or justice engaging in
these online activities “should be extremely
cautious that such participation does not
otherwise result in violations of the Code of
Judicial Conduct.”
To further highlight this point, the Committee
described judges’ participation on such sites
as “fraught with peril” and identified several
potential online violations that could occur,
including: posting of inappropriate pictures
and/or commentary, engaging in ex parte communications
and undertaking independent
factual investigations.
Although not explicitly mentioned in the
Kentucky opinion, another potential ethical
violation identified in the New York opinion
is a judge’s posting links on a social networking
page to third-party websites that contain
inappropriate content.
In short, the New York Advisory Committee’s
observation that there is not “anything per se
unethical” about judges participating on social
networking sites with attorneys who appear
before them is consistent with Kentucky’s approach.
To the extent such online activities raise
questions concerning a judge’s impartiality or the
appearance of special influence, it appears that
a fact-specific inquiry into the nature, quality
and character of the online contacts (combined
with any other relevant facts) will be necessary
in order to determine whether notification and/
or recusal is appropriate.
William E. Sharp is an attorney
with the American
Civil Liberties Union of
Kentucky and chair of the
LBA Government & Public
Sector Section. •
Tele: (502) 493-1394
Gary M. Weiss
When it’s a question of persuasion...
Gary Weiss has a passion to come
to the right result.
Listed in Best Lawyers
in America;
Personal Injury
Legal Malpractice
And now one of only eight
Kentucky lawyers named
for mediation/arbitration
Mediation
Principal Address Louisville
One of few mediators
who maintains an
active practice
so he knows the
present value of cases
E-mail: trialweiss1@yahoo.com
has joined
and will continue its focus on
Emerging and Middle-Market Companies.
Beyond Guidance. Results.
Mergers and Acquisitions | Capital Raising | Business Valuation
J.J.B. Hilliard, W.L. Lyons, LLC | Member NYSE, FINRA & SIPC
500 W. Jefferson Street | Suite 700 | Louisville, KY 40202 | 502.588.8480 | 800.444.1854 | www.hilliard.com
www. loubar.org October 2010
17

LBA Voter’s Guide
Jefferson County Judicial Election Candidates
Jefferson Circuit Court
Judge, Div. 6
Jefferson Circuit Court
Judge, Div. 11
Jefferson District Court
Judge, Div. 3
Thomas Joseph Cannon
(no information provided)
Civic Involvement:
Contact Information:
e-mail: thomasj.cannon@insightbb.com
phone: (502) 585-8864
Olu A. Stevens
Years on the Bench:
Years in Practice:
Current Employer: Thomas J. Cannon Law Offices
Education:
University of Louisville Brandeis School of Law
Louisville, Kentucky
J.D.
Years on the Bench: 1
Years in Practice: 13
Current Employer: Jefferson Circuit Court, Div. 6
Education:
George Washington University
Washington, D.C.
J.D.
Morehouse College
atlanta, Georgia
B.A.
Civic Involvement:
LBA Diversity Committee, chair; KBA Diversity in the Profession Committee,
member; Chief Justice’s Commission on Racial Fairness, member; ABA House
of Delegates, member; Delegate, ABA Judicial Division - State Court Trial
Judges; Women’s Lawyers Association, member; NAACP, member; League
of Women Voters, member; St. Stephen Church, member; Ballard High and
Kammerer Middle PTA, member; Center for Women and Families, volunteer
lawyer (2008–09), board of directors; LBA, president (2006); LBA Executive
Committee, member (2003–07); LBA, board of directors (1999–2007); LBA
Civility Guidelines Review Committee, member (2005); LBA Young Lawyers
Section, chair (2000); LBA Leadership Academy, mentor (2007); KBA CLE
Commission, member (2007–09); KBA Budgetary Committee, member
(2007–09); KBA Executive Director Search Committee, member (2006,
2009); KBA Ethics 2000 Committee, member (2003–06); Faculty, KBA New
Lawyer Program (2001–08); KBA Convention Planning Committee, member
(1999, 2003, 2006 and 2008); KBA Professionalism Orientation for Brandeis
School of Law, instructor (2002–06); Louisville Bar Foundation, president
(2002), board of directors (1999–2003, 2005–07); American Inns of Court
Brandeis Chapter, associate member (2000–01), barrister member (2004–
07); ABA General Practice Solo and Small Firm Diversity, fellow (2003–04);
ABA General Practice Solo and Small Firm Corporate Sponsors Committee,
member (2004–05); Jefferson Family Court Rules Committee, co-chair
(2000–03); Jefferson Family Court Advisory Committee, co-chair (2004)
Contact Information:
e-mail: olustevens@kycourts.net
phone: (502) 595-4311
Brian C. Edwards
John J. Vandertoll
(no information provided)
Civic Involvement:
LBA, member
Contact Information:
e-mail: vandertoll@gmail.com
www.vandertollforjudge.com
phone: (502) 429-8353
Years on the Bench: 1
Years in Practice: 14
Current Employer: Jefferson Circuit Court, Div. 11
Education:
University of Kentucky College of Law
Lexington, Kentucky
J.D. (1996)
Northwestern University
evanston, Illinois
B.A. (1992)
Civic Involvement:
Louisville Bar Foundation, board of directors; Seven Counties Services Inc.,
board of directors; Northwestern University Alumni Admissions Council,
director; LBA Summer Internship Program, Steering Committee member;
LBA Committee on Judicial Independence and Integrity, board member;
LBA Diversity Taskforce, member; Citizens Commission on Police Accountability,
commissioner (2005–08); Center for Women and Families, volunteer
(2000–09); YMCA Chestnut Street Branch, board of directors (2007); LBA,
board of directors (2007–09); Black Achievers Program, Law & Government
Cluster Leader (1996–2000); University of Louisville Center for the Study
of Crime & Justice in Black Communities, associate director (2007–09)
Contact Information:
e-mail: BrianEdwards@kycourts.net
www.KeepJudgeBrianEdwards.com
phone: (502) 595-4400
Years on the Bench:
Years in Practice:
Current Employer: Vandertoll Law Office
Education:
University of Louisville Brandeis School of Law
Louisville, Kentucky
J.D. (1988)
Sandra L. McLaughlin
Certified Family Mediator
Claude R. Prather
(no information provided)
Civic Involvement:
LBA, member
Contact Information:
e-mail: preator@insightbb.com
www.claudeprather.com
phone: (502) 595-3013
Years on the Bench: 0
Years in Practice: 12
Current Employer: Attorney at Law
Education:
University of Louisville Brandeis School of Law
Louisville, Kentucky
J.D. (1998)
University of Louisville
M.A., Political Science (1996)
University of Louisville
B.A. (1982)
Civic Involvement:
Supporting Heroes, board of directors; Jefferson County Family Court,
guardian ad litem; Legal Aid Society, volunteer; Family Court, pro se docket,
volunteer; Bluecoats of Louisville, board of directors (2009); The Healing
Place, board of directors (2006, 2009); Jefferson County District Court
small claims docket, volunteer mediator (2007–09); Prospect, Ky., city
council member (1993–96); Louisville Zoo Foundation, board of directors
(1994–97); Louisville Zoo, board of directors (1992–95); Louisville Zoo,
vice president, board of directors (1994–95); Children’s House Montessori
School, board of directors (1989–92); Children’s House, Montessori School,
president, board of directors (1990–91, 1991–92)
Contact Information:
e-mail: caosmcleod@hotmail.com
phone: (502) 445-3110
Years on the Bench: 7
Years in Practice:
Current Employer: Jefferson District Court, Div. 3
Education:
University of Louisville Brandeis School of Law
Louisville, Kentucky
J.D. (1977)
18 Louisville Bar Briefs www. loubar.org

LBA Voter’s Guide
Jefferson County Judicial Election Candidates
Jefferson District Court
Judge, Div. 7
Jefferson District Court
Judge, Div. 10
Jefferson District Court
Judge, Div. 11
D. Steven Parks
(no information provided)
Civic Involvement:
LBA, member
Contact Information:
e-mail: courierone@aol.com
phone: (502) 459-6730
Jennifer Bryant Wilcox
Years on the Bench:
Years in Practice:
Current Employer: Attorney at Law
Education:
Thomas M. Cooley Law School
Lansing, Michigan
J.D. (2005)
Years on the Bench: 1
Years in Practice: 10
Current Employer: Jefferson District Court, Div. 7
Education:
University of Kentucky College of Law
Lexington, Kentucky
J.D. (2000)
Western Kentucky University
Bowling Green, Kentucky
B.A., cum laude (1996)
Civic Involvement:
Louisville Science Center, board of directors; University of Kentucky College
of Law Alumni Association, board of directors; Louisville Forum, member;
Junior League of Louisville, member; Women Lawyers Association, member;
KBA, member; Florida Bar Association, member; LBA, member; Western
Kentucky University Alumni Association, member; St. Margaret Mary
Church, member; LBA Leadership Academy, graduate (2009); LBA, board
of directors (2004); LBA Young Lawyers Section, chair (2004); Women
Lawyers Association, Nominating Committee (2009); Big Brothers Big
Sisters, Big Sister (2001–04); Louisville Metro Police Department, Recruits
and Detectives, legal instructor (2004–09)
Contact Information:
e-mail: jenniferbryantwilcox@hotmail.com
phone: (502) 235-5375
Sheila A. Collins
Nichole T. Compton
Years on the Bench: 0
Years in Practice: 4
Current Employer: Compton Law Office, PLLC
Education:
University of Louisville Brandeis School of Law
Louisville, Kentucky
J.D. (2006)
University of Louisville
M.B.A.
Berea College
Berea, Kentucky
B.S.
University of Ghana-Accra
Ghana, West Africa
Civic Involvement:
LBA, board of directors; Phi Alpha Delta Law Fraternity, member; Louisville
Chapter of the National Bar Association, president; South Park & Fairdale
School Advisory Council, council member; guardian ad litem/courtappointed
attorney; Louisville National Bar Association, president/executive
officer (2007–10); KBA, liaison for LBA Young Lawyers Section (2007); LBA
Leadership Academy, graduate (2007); Chief Justice Coalition for Racial Fairness,
volunteer (2006, 2007); Civil and Criminal Procedure, adjunct professor
(2006); National Association of Women Judges Color of Justice, facilitator/
speaker (2005); Ed Perry Mediation Fellowship (2004); JCPS Science, Math
and Right Technology (SMART) Federal Grant, board member (2007–10);
Neighborhood Homeowner’s Association, board member (2006–10); Legal
Aid Volunteer Lawyers program, volunteer (2007–09)
Contact Information:
e-mail: Nichole@comptonforjudge.com
www.ComptonforJudge.com
phone: (502) 618-3873, (502) 618-0226
Years on the Bench: 12
Years in Practice: 34
Current Employer: Jefferson District Court, Div. 10
Education:
University of Louisville Brandeis School of Law
Louisville, Kentucky
J.D. (1976)
Spalding University
Louisville, Kentucky
B.A.
Civic Involvement:
Kentucky Justice Association, “Trial by Jury,” member; Judges in the Courtroom,
member; Kentucky League of Women Voters, member; Belknap
Neighborhood Association, member
Contact Information:
e-mail: jdcooper45@aol.com
phone: (502) 595-4995, (502) 291-4995
Gina Kay Calvert
Sadiqa N. Reynolds
Years on the Bench: 1
Years in Practice: 12
Current Employer: Jefferson District Court, Div. 11
Education:
University of Kentucky College of Law
Lexington, Kentucky
J.D. (1998)
University of Louisville
Louisville, Kentucky
B.A.
Civic Involvement:
Maryhurst, board member; Teen Court, judge ; Links, Inc., Park Hill Community
Center, volunteer; KBA Diversity in the Profession Committee, member;
Mental Health (Suicide Prevention) town hall meeting, co-organizer; My
Sister’s Keeper, speaker; LBA Bowl for Kids’ Sake Big Brothers Big Sisters,
participant; Home of the Innocents, (former) board of directors; Bates
Community Development Corporation, (former) member; Quality Care
and Trust, (former) board member; Early Childhood Education Task Force,
member; LBA, (former) board member
Contact Information:
e-mail: judgesreynolds@gmail.com
SadiqaReynolds@kycourts.net
phone: (502) 595-4992, (502) 649-9262
Years on the Bench: 0
Years in Practice: 20
Current Employer: Calvert Law Offices
Education:
University of Louisville Brandeis School of Law
Louisville, Kentucky
J.D. (1990)
University of Louisville
B.A. (1985)
Civic Involvement:
Program Trainer, Rape Relief Center, participant; Exploited Children’s Help
Organization (ECHO), Christie’s Kids In Court, program trainer; Court Appointed
Special Advocates (CASA), program trainer; The Healing Place,
supporter; Kentucky Youth Advocates, supporter; Kosair Charities, supporter;
Special Olympics, supporter
Contact Information:
e-mail: attycalvert@aol.com
gina4judge@gmail.com
phone: (502) 587-8522, (502) 387-9845
www. loubar.org
October 2010
19

LBA Voter’s Guide
Jefferson County Judicial Election Candidates
Jefferson District Court
Judge, Div. 13
Ellie Kerstetter
Years on the Bench: 0
Years in Practice: 10
Current Employer: Ellie Kerstetter, PSC / Solo
Practitioner, President
Deana “Dee” McDonald
Years on the Bench: 0
Years in Practice: 16
Current Employer: Candidate for District
Court Judge
Education:
University of Louisville Brandeis School of Law
Louisville, Kentucky
J.D. (1994)
Western Kentucky University
Bowling Green, Kentucky
B.A. (1974)
Civic Involvement:
Women Lawyers Association, member; Teen Court, prosecutor
Contact Information:
e-mail: deemcdonald2010@gmail.com
phone: (502) 773-5164
Education:
University of Louisville Brandeis School of Law
Louisville, Kentucky
J.D. (2001)
Barry University
Miami Shores, Florida
B.P.S.
Certified Mediator
Civic Involvement:
Adelante Hispanic Achievers, board member; Center for Women and
Families, board member; Goodwill Industries of Kentucky, board member;
LBA, board member; ABA, member; LBA Diversity Committee, member;
Florida Bar Association, member; GLI Economic Development Committee,
member; Hispanic/Latino Business Council, member; Hispanic National
Bar Association, member; KBA, member; Kentucky Justice Association,
member; LBA Latino Legal Clinic Committee, member; Louis D. Brandeis
American Inns of Court, member; LBA, member; Louisville Metro Domestic
Violence Prevention, Coordinating Council, member; Louisville Peace Works
Committee, member; Racial Fairness Commission, member; Woman’s Club of
Louisville, member; Women Lawyers Association, member; Louisville Metro
Citizen’s Police Academy, presenter
Contact Information:
e-mail: ellie@ellielaw.com
phone: (502) 364-0065
Jefferson District Court
Judge, Div. 14
Stephanie Pearce Burke
Years on the Bench: 0
Years in Practice: 16
Current Employer: Attorney at Law
Education:
Ohio Northern University Claude W. Pettit
College of Law
Ada, Ohio
J.D. (1994)
Ohio Northern University
B.A. (1991)
Civic Involvement:
LBA, member; KBA, member; Mediation Association of Kentucky, member;
Women Lawyers Association of Louisville, member; Ohio State Bar Association,
member; Association of Parent Attorneys of Louisville, member;
Kentucky Child Assault Prevention Program, (former) president, board of
directors; Center for Women and Families, Pro Bono Legal Advocate; The
Healing Place, Pro Bono Legal Advocate; Gilda’s Club Louisville, volunteer;
Team Crusade/Crusade for Children, runner, volunteer; Chance School,
attorney, board of directors
Contact Information:
e-mail: Stephanie@voteburkeforjudge.com
phone: (502) 641-0895
Mason L. Trenaman
Years on the Bench: 5
Years in Practice: 23
Current Employer: Jefferson District Court, Div. 14
Education:
University of Louisville Brandeis School of Law
Louisville, Kentucky
J.D. (1987)
Murray State University
Murray, Kentucky
B.S. (1983)
Civic Involvement:
Adoption Wednesday program, co-founder; Truancy Court at Western Middle
School, volunteer judge (recipient of JCPS Superintendent’s Distinguished
Service Award 2000); Court Appointed Special Advocates (CASA), (former)
board member and officer; Habitat for Humanity, (former) board member;
Cane Run Elementary School Resource Center, board member; LBA, member,
Louisville Bar Association Pro Bono Lawyer of the Year Award, recipient
(1992); Louisville Pro Bono Consortium Award, recipient (1999); Local High
Schools for Operation Sober, presenter; Kentucky Bar Association Tornado
Relief project, chair; LBA Flood Relief project, chair; Legal Aid Society Divorce
Clinics, chair; LBA/Habitat for Humanity Wills Clinics, chair; Louisville Bar Association
Minority and Economically Disadvantaged Student Scholarship and
Mentoring program, founder and chair; American Bar Association Pro Bono
Section (YLS), chair; Lake Dreamland Fire Protection District, volunteer attorney;
Cane Run Area Business Association, volunteer attorney; Clifton Heights
Neighborhood Council, volunteer attorney; Lyndon Recreation and Upward
Youth programs, volunteer coach; Cub/Boy Scouts of America, volunteer
leader; Numerous other church, charitable and civic organizations, volunteer
Contact Information:
e-mail: masontrenaman@kycourts.net
phone: (502) 595-4960, (502) 412-8369
Jefferson District Court
Judge, Div. 16
James Michael Green
(no information provided)
Years on the Bench:
Years in Practice:
Current Employer:
Education:
University of Louisville Brandeis School of Law
Louisville, Kentucky
J.D.
Civic Involvement:
Contact Information:
e-mail: jacobitheless@yahoo.com
phone: (502) 439-8265
Kathryn R. King
Years on the Bench: 2
Years in Practice: 5
Current Employer: Jefferson District Court, Div. 16
Education:
University of Louisville Brandeis School of Law
Louisville, Kentucky
J.D.
University of Louisville
B.S.
Civic Involvement:
KBA, member; LBA, member; Commonwealth’s Attorney Office, victims
advocate; Center for Women and Families, victims advocate; Habitat for
Humanity, volunteer; Assumption High School and other schools, volunteer
volleyball coach
Contact Information:
e-mail: katie@judgekatieking.com
phone: (502) 905-3070
Constitutional Provisions Relating
to Circuit and District Judges
The following provisions of Kentucky’s Constitution are applicable to circuit
and district judges:
Section 117 – Circuit and district judges are to be elected from their
respective circuits or districts on a nonpartisan basis
Section 119 – Circuit judges are elected for terms of 8 years; district
judges are elected for terms of 4 years
Section 122 – Circuit and district judges must be citizens of the
United States, licensed to practice law in Kentucky and be residents of
Kentucky as well as the circuit or district from which they are elected
for 2 years next preceding their taking office; circuit judges must be
licensed attorneys for at least 8 years; district judges must be licensed
attorneys for at least 2 years
Section 123 – During their terms in office, circuit and district judges may
not practice law, run for elective office other than judicial office or hold
any office in a political party or organization •
20 Louisville Bar Briefs
www. loubar.org

LBA Voter’s Guide
Jefferson County Judicial Election Candidates
Jefferson District Court
Judge, Div. 17
A. Christine Ward
Years on the Bench: 0
Years in Practice: 15
Current Employer: Candidate for District
Court Judge
Education:
University of Kentucky College of Law
Lexington, Kentucky
J.D. (1994)
Bellarmine University
Louisville, Kentucky
B.A., magna cum laude (1991)
Civic Involvement:
Louisville Education and Employment Partnership, Central High School,
student mentor; Jefferson County Public Schools, School-Based Decision-
Making Council (Schaffner Traditional Elementary), School-Based Decision-
Making Council (Jefferson County Traditional Middle School), member;
Highview Baptist Church – New Member Welcome Team, PAC group leader,
FAITH Team, member
Contact Information:
e-mail: christine@christinewardforjudge.com
phone: (502) 931-2907
Uncontested Races
The following will appear on the ballot even though
they are unopposed for election:
Jefferson District Court Judge, Div. 1
Hon. Annette C. Karem
Jefferson District Court Judge, Div. 2
Hon. Ann Bailey Smith
Jefferson District Court Judge, Div. 4
Hon. Michele Stengel
Jefferson District Court Judge, Div. 5
Hon. Donald E. Armstrong Jr.
Jefferson District Court Judge, Div. 6
Hon. Sean R. Delahanty
Jefferson District Court Judge, Div. 8
Hon. David P. Bowles
Jefferson District Court Judge, Div. 9
Hon. David L. Holton II
Erica Lee Williams
Years on the Bench: 1
Years in Practice: 8
Current Employer: Jefferson District Court, Div. 17
Education:
University of Kentucky College of Law
Lexington, Kentucky
J.D.
Western Kentucky University
Bowling Green, Kentucky
B.A.
Civic Involvement:
Family & Children’s Place, board of directors; Governor’s Scholar Program,
board of directors; University of Kentucky College of Law Alumni Association,
board of directors; LBA, member; Central High School Law & Government
Magnet program, mentor; Indian Trail Elementary MicroSociety program,
liaison; LBA, board member (2007–08); LBA Young Lawyers Section,
chair (2007–09), vice-chair (2006–07); LBA Diversity Taskforce, member
(2005–09)
Contact Information:
e-mail:
phone:
Jefferson District Court Judge, Div. 12
Hon. Angela McCormick Bisig
Jefferson District Court Judge, Div. 15
Hon. Anne Leitsch Haynie
Karem
Armstrong
Smith
Delahanty
Stengel
Bowles
For questions regarding candidate qualifications, contact the
Secretary of State’s office or visit their website at www.sos.ky.gov.
For information concerning candidate
campaign contribution and expenditure
reporting requirements, contact the
Registry of Election Finance or go online
to www.kref.ky.gov. •
Holton
Bisig
Haynie
www. loubar.org October 2010
21

Feeding the Pipeline— The Future of the Profession
FORENSIC ECONOMIST
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types of monetary damages.
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(502) 458-7792
russ.ray@usa.com
877-288-0741 • 502-569-9339
The Summer Internship Program (SIP) concluded
its 18th year with a celebratory luncheon at the
Bar Center on August 13. Nine student interns
were recognized for their participation in the program.
The SIP is a partnership between the LBA and Central
High School that affords students the opportunity to
intern for local law firms and offices, gaining insight
into the legal profession and the opportunity to interact
with legal professionals, as well as valuable work
experience. In turn, the SIP benefits employers with
increased productivity, the opportunity to impact the
future of the profession, and a great diversity initiative.
The luncheon gave employers a chance to praise the
interns for their hard work, enthusiasm and willingness
to learn. Keynote speaker Hon. Sadiqa N. Reynolds
of Jefferson District Court kicked off the poignant
celebration by sharing her personal story and encouraging
students to follow their dreams, whatever they
may be. The first of many tears at this luncheon came
as Judge Reynolds discussed struggles from her own
youth—obstacles also faced by some student interns.
Joe Gutmann, LBA member and coordinator of Central’s
Law and Government Magnet, said “[t]o me, this
is the truest form of education.”
Students and employers agree that the program truly
provides a benefit to all.
In fact, the SIP Committee received the following note
mid-summer from Beth Buckler at Wyatt Tarrant &
Combs: “[Dwight] has truly been the best student I’ve
worked with in 10 or more years. He’s so smart, pleasant,
great attitude, punctual and accurate in his work.
We’re starting to give him some more difficult projects
because he has done such an excellent job.”
At the luncheon, Wyatt’s intern Dwight Haggard,
turned to his employer with thanks. “I’m happy that
you gave me a chance.”
Another intern, 2010 graduate Christien Russell,
echoed similar sentiments. “This program has given me
so many opportunities.” She discussed the four different
positions she’s held as a summer intern, as well as
ancillary experiences that came along the way, such
as the chance to observe from behind the bench with
Judge Reynolds, working for David Tandy’s mayoral
campaign, and even learning how to tie a bowtie from
Judge Chauvin.
Her employer, Jack Ballantine of Stoll Keenon Ogden,
said “Christien has a style about her…We hit if off right
away and we’ve really enjoyed having her.”
Another intern, Jalyn Hewitt from Dinsmore & Shohl,
reiterated the overall positive attitude: “I loved going
to work every day!”
Each year, student participants continually express
stronger interest and understanding of the profession,
noting the program provided them with a new perspective,
invaluable networking opportunities, and helped
them become professional, productive employees.
Mary Rivard, firm administrator at Stoll Keenon
Ogden, said “[I]t is a real pleasure to support this
program. It benefits everyone to increase inclusiveness
and strengthens our commitment to maintaining an
environment which embraces diversity.”
Many thanks to those who
participated in the 2010 SIP!
Blackburn Domene & Burchett
Intern: Simone Gonzalez
Dinsmore & Shohl
Intern: Jalyn Hewitt
Frost Brown Todd
Intern: Chania Coleman
Helmers DeMuth & Walton
Intern: Hau Le
Legal Aid Society
Intern: Jazmine Hudson
Sponsor: UofL School of Law
Office of the Commonwealth’s
Attorney
Intern: Mashayla Hays
Sponsor: Louisville Bar Association
Stoll Keenon Ogden
Intern: Christien Russell
U.S. District Court
Intern: Gabriel Vaughn
Wyatt Tarrant & Combs
Intern: Dwight Haggard
Thanks also to the Summer
Internship Committee:
Diane M. Laughlin, Chair,
Blackburn Domene & Burchett
Gretchen C. Avery,
Avery & Schurman
Angela L. Edwards,
Dinsmore & Shohl
Hon. Brian C. Edwards,
Jefferson Circuit Court
Joseph P. Gutmann,
Central High School
Hon. Erica Lee Williams,
Jefferson District Court
Helen A. Thompson,
Humana
Thanks also to the following
sponsors:
Blackburn Hundley & Domene
(lunch)
UofL Brandeis School of Law
(internship)
For more information or to sign
up for next year’s program, contact
Program Chair Diane M.
Laughlin at (502) 584-1600 or
dlaughlin@bdblawky.com, or
Cindy Robinson at (502) 583-5314
or crobinson@loubar.org. •
22 Louisville Bar Briefs
www. loubar.org

Big Thanks!!!
The need for supplies was greater than ever this year throughout Jefferson County’s public
school system. LBA members rose to the challenge. Thanks to you, more than $1,200
in monetary donations was collected along with mountains of school supplies for this
year’s Back 2 School project.
Let’s give one more big round of applause to those who graciously donated their time and
resources to this invaluable community program. We also want to recognize the following
firms for their participation:
De Renzo Durrett
Dinsmore & Shohl
Frost Brown Todd
Fultz Maddox Hovious & Dickens
Middleton Reutlinger
Stites & Harbison
Wyatt Tarrant & Combs
www. loubar.org October 2010
23

Recent Changes in Kentucky Condominium Law
Erik C. Lattig
With the passage of the Kentucky
Condominium Act (KCA) during its
2010 legislative session, the Kentucky
General Assembly undertook a complete
overhaul of existing condominium laws in the
Commonwealth.
Sponsored by Rep. Scott Brinkman (District
32), the legislation was signed into law by
Governor Steve Beshear in early April and
will take effect on January 1, 2011. The effort
to modernize Kentucky’s condominium law
involved a five year process of research,
comment and discussion involving interested
parties across the state with the KCA being
modeled largely after the Uniform Condominium
Act of 1980 (UCA) promulgated by
the National Conference of Commissioners
on Uniform State Laws.
Although modeled after the UCA, the drafters
chose not to adopt some twenty sections of
the UCA’s first four Articles nor Article 5 of
the uniform act (which sets up a regulatory
regime for condominiums).
Notable omissions from the UCA include
provisions requiring the issuance of a public
offering statement for certain condominium
regimes and protections for renters in the
event of a conversion of a condominium to a
non-condominium form of ownership.
Nonetheless, an overhaul of Kentucky
condominium law was long overdue as the
existing Horizontal Property Law, codified
under Sections 805 through 910 of Chapter
381 of the Kentucky Revised Statues (KRS),
was enacted in 1962 and was based largely
on so-called “first generation” condominium
acts from other jurisdictions, most notably
the Puerto Rico Horizontal Property Act
of 1958.
Applicability
As a general rule, the KCA applies to all condominium
regimes created after its effective
date. Although existing regimes will continue
to be governed by the current law, there are
several important exceptions to this rule.
First, an existing condominium regime may
choose to subject itself to the provisions of
the KCA. However, this may prove difficult to
achieve, especially in large condominiums, as
a unanimous vote of approval in which 100
percent of the unit owner’s participation is
required to opt in to the new Act.
As a practical matter, achieving unanimity
on any issue confronting an existing condominium
regime is a daunting task, as many
practitioners in this area can certainly attest.
In addition, if a condominium chooses to opt
in, the KCA also requires modification of the
declaration, bylaws, plats and plans of the
regime where necessary to comply with the
requirements of the Act.
Second, certain sections of the KCA will
have applicability to all condominiums
regardless of when they were created.
However, those sections of the KCA with
retroactive applicability will only apply to
existing condominiums to the extent the
events or circumstances involved occur after
the effective date of the Act.
For example, a resale of a unit in an existing
regime which occurs before January 1, 2011
will not be subject to the provisions of these
retroactive sections whereas the resale of a
unit after January 1, 2011 will be subject to
the new rules, even though the unit is part
of a condominium created under the current
law. Those sections which have retroactive
applicability are enumerated in Section 2(2)
of the KCA and include the following:
Section 5
(creating separate title to units and
providing for separate taxation and
assessment of individual units);
Section 6
(maintaining the applicability of existing
ordinances, regulations and building
codes);
Section 7
(providing new rules for taking or partial
taking by eminent domain);
Section 15
(construction and severability of declarations
and bylaws, applicability of
the rule against perpetuities and the
marketability of title to units or common
elements where a declaration is
defective);
Section 16
(requirements for a legally sufficient
description of individual units);
Section 34
(powers, rights and duties of the association);
Section 35
(powers, rights and duties of the executive
board of an association);
Section 42
(creates protections for unit owners
from tort claims filed against the declarant
or the association);
Section 47
(creation, perfection and priority of
liens for unpaid assessments); and,
Section 49
(financial reporting requirements for
condo associations).
Section 3 of the KCA sets forth the definitions
for the Act, and while this section as a whole
does not have retroactive applicability, it will
apply to the extent necessary in construing
the retroactive sections listed above.
The third exception to the retroactive applicability
of the above referenced sections of KCA
to existing condominium regimes deals with
amendments to existing (pre-Act) regimes. As
noted above, Section 2(3) of the KCA requires
any amendment (made after January 1, 2011)
to the declaration, bylaws, plats or plans of
an existing condominium to conform to the
requirements of the KCA.
Furthermore, amendments that comply with
requirements of the KCA are valid even if they
violate the existing horizontal property law.
It also bears noting that if an amendment to
an existing condominium regime grants any
person rights, powers or privileges under the
KCA, then that person will also be subject to
the KCA’s correlative obligations, liabilities
and restrictions.
Finally, Section 2(6) of the KCA also requires
that all amendments to the declaration for
an existing regime be adopted in conformity
with the procedures and requirements
specified by the original condominium
instruments (such
as a master deed or
declaration) and by
the KCA.
As a general rule,
Section 28 of the
KCA states in part
that except as otherwise
provided in
subsection 4 of Section 28, all amendments
require approval by 67 percent of the unit
owners. The exception to this approval
threshold set forth in Section 28(4) states
that “an amendment shall not create or
increase special declarant rights, increase
the number of units, change the boundaries
of any unit, the allocated interests of a unit,
or the uses to which any unit is restricted,
in the absence of unanimous consent of the
unit owners.”
Thus where the master deed for an existing
declaration requires, for example, a simple
majority vote of the council of co-owners, if
the master deed is amended subsequent to the
effective date of the Act, the question arises as
to the voting threshold that must be reached in
order for the amendment to be valid.
Is the simple majority required under the
existing master deed sufficient? Or would
the higher 67 percent threshold set forth in
Section 28 be required (or even unanimous
consent in the case of those matters listed in
Section 28(4))?
It is likely that a court interpreting Sections
2(6) and 28 of the KCA as those provisions
apply to amendments of pre-Act regimes
would take the position that the higher
threshold must be complied with. However,
a definitive answer to these questions may
not be available until corrective legislation is
enacted or these provisions of the KCA are
interpreted by Kentucky courts.
The final exception to the rule of retroactive
applicability is the power granted to
the executive board of an existing pre-KCA
condominium under Section 2(5) of the
Act to rely on its provisions to deal with
any situation that “presents a public safety
or public health issue to one or more unit
owners in the association.” The board may
utilize this power even where doing so
[O]ne of the purported benefits
of this statutory overhaul
is to include broader, more
ex tensive definitions than
could be found in the existing
horizontal property law.
would explicitly violate its own declaration
or bylaws.
Important Changes
According to the drafters of the KCA, one
of the purported benefits of this statutory
overhaul is to include broader, more extensive
definitions than could be found in the existing
horizontal property law.
One of the most important definitional
changes is the revision of the restrictive definition
of the term “unit” found in KRS 381.810.
Under the existing law, a “unit” is defined as
“an enclosed space as measured from interior
unfinished surfaces consisting of one or
more rooms occupying all or part of a floor
in a building of one
or more floors or
stories regardless
of whether it be designed
for residence,
for office, for the
operation of any industry
or business,
for any other type
of independent use
or any combination of the above uses.”
This definition limited the types of property
to which the condominium form of ownership
could be applied. Conversely, the KCA
provides a much broader definition of the
term in Section 3(23), defining it as “a physical
portion of the condominium designated
for separate ownership, the boundaries of
which are described in Section 17 of this Act
[which sets forth the required contents of a
condominium declaration].”
As a result, the condominium form of ownership
can be used for a variety of property
interests in Kentucky, including boat docks,
parking slots or camp sites.
Another important change brought about by
the KCA is the addition of provisions governing
the transition of control of the condominium
from the declarant to the association.
The existing horizontal property law did not
explicitly define how control shifted from the
developer to the council of co-owners with
the issue to be determined by the provisions
of the master deed. Under Section 33 of the
KCA, the unit owners’ association must be
organized “no later than the date the first
unit in the condominium is conveyed” unless
otherwise stated in the declaration.
The KCA also permits the declaration to
provide for a period of declarant control
of the association. During this period of
control, the declarant (or someone he or she
has appointed) may appoint and remove the
officers and members of the executive board.
However, the KCA also imposes limits on the
period of declarant control.
The period will automatically terminate within
the indicated timeframe if any of the following
benchmarks are reached: (i) sixty days after
the conveyance, to unit owners other than
24 Louisville Bar Briefs
www. loubar.org

the declarant, of 75 percent of the units which
may be created; (ii) two years after all declarants
have ceased to offer units for sale in the
ordinary course of business; (iii) two years
after any development right to add new units
was last exercised; or, (iv) seven years after
the first unit was conveyed to a unit owner
other than a declarant.
In addition to termination of declarant control,
the KCA sets forth other restrictions
which do not terminate the period of declarant
control but limit the amount of control a
declarant may retain. The restrictions include
the requirement that at least one member and
no less than 25 percent of the executive board
must be elected by unit owners other than the
declarant no later than 60 days after the conveyance
of 25 percent of the units which may
be created and that no less than thirty-threeand-a-half
percent of the executive board
must be elected by unit owners other than
the declarant no later than 60 days after the
conveyance of 50 percent of the units which
may be created.
Under these new limitations, a declarant’s
ability to control the condominium through
the appointment of board members is
phased out over time as more and more
units are sold.
Finally, a declarant may voluntarily surrender
his or her control of the executive board
before the termination of the control period
provided for in the declaration. However, the
declarant may retain the right to approve or
deny certain types of decisions during the rest
of the time period in which he would have
controlled the board.
The KCA also differs significantly from the
existing horizontal property law with respect
to the required contents of a master deed or
declaration.
Under KRS 381.835, the master deed for
a condominium regime must include: (i) a
description of the land and the building(s)
constituting the condominium; (ii) a general
description and the number of each unit
and any other data necessary for its identification;
(iii) the description of the general
common elements of the building; and, (iv) a
requirement that the common elements shall
remain undivided and shall not be the object
of an action for partition or division of the
co-ownership.
In addition to the foregoing information,
Section 17 the KCA sets forth a much more
comprehensive list of information required
to be set forth in the declaration, including
the assignment of an allocation (voting and
assessment) interest to each unit, any restrictions
on the use, occupancy or alienation of
units, recording data for any easements and
licenses to which the condominium may become
subject, and information regarding any
development, special declarant rights or other
rights reserved to the declarant, including a
description of the real estate and a time limit
within which each right must be exercised
and any other condition or limitation on the
exercise of such rights.
The KCA also amends the financial reporting
requirements of the existing horizontal
property law. Under KRS 381.865, the administrator
is required to maintain a book
with “a detailed account of the receipts and
expenditures” of the development. Such records
are required to:
i. be kept according to good account
ing procedures;
ii. specify all maintenance and repair
expenses to common elements and any
other common expenses;
iii. be made reasonably available for
examination by the co-owners; and,
iv. be audited at least once a year by an
auditor outside the organization.
Section 55 of the KCA amends KRS 381.865
modifing item (iv) above to require that records
kept by the association are to be “audited or
reviewed” (as opposed to just reviewed) and
that such audit or review be conducted by an
“independent accountant” (as opposed to an
“auditor”) outside the organization.
As these changes have been made to the
existing horizontal property law, they will
apply to all pre-Act condominium regimes
in Kentucky.
New Additions
The KCA also includes many new requirements
with respect to disclosures to be made
by a seller to the purchaser of a unit within
the condominium.
Section 52 of the KCA requires the seller
to furnish, upon request of a purchaser or
otherwise before conveyance, a copy of the
declaration of the condominium (other than
the plats and plans), a copy of the bylaws, and
the rules and regulations.
In addition, the seller must provide a certificate
to the purchaser which is furnished by
the association and which sets forth (a) any
rights of first
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(g) the association’s most recent balance
sheet, and (if one exists), the association’s
most recent income and expense statement,
(h) the association’s operating budget, (i)
a statement of unsatisfied judgments and
pending suits against the association, (j) a
statement describing any insurance coverage
provided for the benefit of unit owners,
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lease for the real estate upon which the
condominium is situated (if it is a leasehold
condominium). The association must furnish
this certificate within ten days after a request
by a unit owner.
Finally, the KCA states that a unit owner shall
not be liable to a purchaser for the failure
or delay of the association to provide the
certificate in a timely manner, but the sales
contract will be voidable until the certificate
is provided. Furthermore, the association is
required under Section 49 of the KCA to keep
financial records sufficiently detailed to enable
the association to comply with Section 52 of
the Act and is required to make all financial
and other records reasonably available for
examination by the any unit owner or his
or her authorized agents. However, a question
exists as to whether the requirements
of Section 52 retroactively apply to existing
condominium regimes.
While Section 49 is one of the sections that
will apply retroactively to existing regimes
pursuant to Section 2(1) of the KCA, Section
52 is not included as a retroactive provision
under that section.
Given the fact that Section 49 requires the association
to keep detailed records sufficient to
comply with its disclosure obligations under
Section 52, the drafters would most likely
argue that Section 52 would, by implication,
have retroactive applicability to existing
regimes.
Other new features of the KCA include
the power of the declarant to determine
the formulas used to establish allocations
of undivided interests in the common elements
of the condominium and the common
expenses of the association (Section
19), provisions setting forth the rights of
mortgagees with respect to the operation
of the condominium (Section 30), a broad
expansion of the powers of the association
to operate and/or administer the condominium
(Section 34), the creation of an
executive board to act on behalf of the association
(Section 35), minimum required
elements for any bylaws adopted by the association
(Section 37) and minimum levels
of insurance required to be carried by the
association (Section 44).
The Act also grants certain development
rights and “special declarant rights” which
include the right of the declarant to:
i. create units, common elements or limited
common elements;
ii. subdivide units or convert units into
common elements;
iii. allocate or reallocate common elements
among units;
iv. withdraw real estate from a condominium;
v. maintain sales offices, management
offices and model units within the
condominium; or,
vi. make the condominium part of a
larger condominium or planned community
or subject the condominium to
a master association.
The exercise of such rights is governed in part
by Section 22 of the KCA.
The KCA brings sweeping changes to the
existing horizontal property law regime in
Kentucky. The limited space allotted for this
article precludes the author from undertaking
a comprehensive review of the many changes
and additions made to existing condominium
law in Kentucky.
As a result, practitioners in this area should
undertake a thorough review of the KCA prior
to the effective date of the Act on January 1.
Erik C. Lattig is a senior
associate in the Real Estate
Practice Group of
Frost Brown Todd and
vice-chair of the LBA Real
Estate Section. •
Editor’s note:
The author wishes to thank Thomas Gleason
of Notre Dame Law School for his contributions
to this article.
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25

Environmental Law Section Examines
Sustainable Food System
On August 17, the Environmental Law Section
conducted a continuing legal education
seminar on the law and policy of a sustainable
food system. Among the speakers
were author, environmentalist and farmer
Wendell Berry and Sarah Frischner, food
expert and former food editor for The
Courier-Journal. •
Congressman Yarmuth Meets With Young Lawyers
Rep. John Yarmuth, of Kentucky’s 3rd Congressional District, was guest of honor at a
meeting of the Young Lawyers Section on August 25. He discussed the current political
climate in Washington and some of the issues facing lawmakers during the second session
of the 111th Congress. •
Solo/Small Firm
Our Numbers Are Growing…
and We are Ready to Help
Gregory S. Condra
According to the 2010 Altman Weil Flash
Survey: Law Firms in Transition, the
hard numbers bear out what we already
know…more of our big-firm brethren are being
encouraged to join the ranks of the small
firm and solo practitioner.
Over a quarter of all law firms reported deequitizing
partners in 2009 and even more,
37 percent, will or might do so before this
year is over. And the road to partnership is
getting longer too. Twenty percent of firms are
considering extending the partnership track;
up from 14 percent last year. Fifty percent of
firms indicated that they will or might make
fewer partnership offers in 2010; up from
close to 40 percent last year. No doubt firms
are striving to maintain profits per partner by
reducing the number of partners.
So what? The majority of lawyers have always
practiced in small firms—and now, even
more so. Thus, we have a great opportunity as
a profession to unleash our entrepreneurial
spirit; to collectively return to the roots of
our profession.
As always, please contact
Gregory S. Condra
or vice-chair Valerie A.
Herbert, if you want
to become a member
of our CLE Committee,
have a suggestion
for a meeting topic
or would like to be a
featured speaker.
As a section we
are taking seriously
our re -
sponsibility to
the profession
and the people
who a re o u r
b ro t h e r s a n d
sisters in the bar.
We w e l c o m e
our current and
former big-firm
colleagues to sit
in on a section meeting perhaps as a way of
testing the waters. Make some new friends.
Find out how we managed through all the
many details of beginning a smaller or solo
law practice.
In case you missed it, our September meeting
featured survey data on what lawyers are actually
charging by practice area. Our October
meeting will focus on law office technology
and our November CLE will prepare attendees
for dealing with disability or unexpected
events that otherwise could spell disaster for
a small or solo practice. Come join us.
Back to the survey, the picture is less than
desirable for new lawyers too. A scale-tipping
54 percent of firms planned to shrink their
summer programs this year, on top of 64
percent that had already done so in 2009.
Just over half of all firms cut back or stopped
hiring first year associates last year, and 38
percent will do the same this year. Forty-two
percent of firms say smaller first year classes
are permanent.
To do our part, our section is in the planning
stages with Kathy Urbach, Assistant Dean
for Career Services and Public Service at the
Brandeis School of Law, to help law students
gain the hands-on experience necessary to hit
the ground running after graduation.
The clerk positions many of us took for
granted simply are not there and may not return
for a long while. We plan to implement a
program to fill the gap. We want to encourage
developing the skill and confidence to thrive
in the new legal economy.
Stay tuned for details.
Gregory S. Condra is the
founder of the Condra Law
Firm and chair of the LBA
Small Firm and Solo Practitioner
Section. •
26 Louisville Bar Briefs
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Phone: (502) 589-7616 jmartin@landrumshouse.com
www. loubar.org

www. loubar.org October 2010
27

It’s That Time Already!
Here’s Your 2011 Roster Photo Reminder
It’s a Wonderful Offer
Was your photo missing from the 2010 pictorial roster? Not happy with your current
photo? Tired of potential clients looking at a gray box next to your name when perusing
the roster? We can help. We are accepting new photo submissions for inclusion in the
2011 Pictorial Roster.
The deadline for photo submissions is Friday, December 31!
Electronic photo specifications:
• Dimensions: 5”w x 7”h (minimum)
• Resolution: 300 dpi (minimum)
• Size: no less than 2MB, no greater than 7MB
• Format: JPG (jpeg)
• Color is preferred
• E-mail your photo as an attachment to kkasey@loubar.org or send on a CD to the
LBA Attn: Kimberly Kasey
Hard copy photos and CDs should be mailed or delivered to:
Louisville Bar Association
Attention: Kimberly Kasey
600 W. Main St., Ste. 110
Louisville, KY 40202-4917
The Seelbach Hilton is extending a special offer to LBA members in connection with the full stage
production of “It’s A Wonderful Life” at the hotel December 15–23, 2010. A 10% discount on
tickets as well as preferred seating is available for all ticket reservations made by November 1.
This classic story of George Bailey, Clarence the Angel and the residents of Bedford Falls
is a holiday tradition. Dinner will be served at 7 p.m. followed by the show at 8 p.m. There
will also be matinees on Saturday and Sunday.
For more reservations or more information, e-mail bobtprin@aol.com or call (502)
298-2628. •
Photo part of public domain collection on http://en.wikipedia.org
Coverage That’s
Right For You
Hard copy photos will be retained on file by the LBA unless otherwise instructed.
Passport photos will not be accepted.
*Notice
With changing technological specifications, the LBA CANNOT guarantee the production
of photos if the original electronic submission does not adhere to the specifications
listed above.
Any photos received after the December 31 deadline will be retained by the LBA for use
in all future publications and other marketing materials. If you have questions regarding
any information or specifications not outlined above, please call us at (502) 583-5314. •
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One or more of the CNA companies provide the products and/or services described. The information is intended to present a
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28 Louisville Bar Briefs
www. loubar.org

Section Meetings
All meetings are held at noon at the Louisville Bar Center,
600 W. Main Street.
October 12:
October 13:
October 14:
October 15:
October 19:
October 21:
October 26:
October 27:
October 29:
Intellectual Property
Solo/Small Firm
Real Estate
Environmental Law
Government & Public Sector
Bankruptcy Law
Labor & Employment
Family Law
Criminal Law
In-House Counsel
Appellate Law
Health Law
Probate & Estate Law
Young Lawyers
Corporate Law
Litigation
These dates are tentative; please visit the LBA website,
www.loubar.org, for confirmation. Guests are welcome
to attend a section meeting before joining the section. For
reservations or to join a section, call (502) 583-5314 or visit
www.loubar.org. •
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Are you being sued by creditors for bills you can’t pay?
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specially tailored bankruptcy and divorce representation
since 1995. Our firm combines a thorough understanding
of bankruptcy laws and strategies with attentive,
compassionate and highly individualized client service.
Our goal is that each of our clients leaves with a feeling
that their legal problems have been resolved promptly,
and in a warm, friendly and caring atmosphere.
Call for a FREE consultation and get relief from your
debt problems.
Paralegals
The Louisville Association of Paralegals (LAP) will host
its bi-monthly business luncheon at noon on Wednesday,
October 20 at the Bristol Bar & Grille Downtown, 612 W.
Main Street.
Beth Morgan, Community Relations Manager of the
House of Ruth, will speak about the facility and the
programs it offers. For further information or reservations
please contact LAP Program Co-Chairs, Michelle
Wallace at mwallace@fbtlaw.com or Nicole Baker at
nicole.baker@jhsmh.org. •
Association of Legal Administrators
The next regularly scheduled meeting of the Kentucky Chapter
– Association of Legal Administrators will be held on
Thursday, October 8 at 11:45 a.m. promptly, at Stoll Keenon
Ogden, in the Louisville office located at 500 W. Jefferson St.,
2000 PNC Plaza and the Lexington office located at 300 W.
Vine St., Ste. 2100.
The topic will be “Financial Considerations of On-Site Litigation
Support and e-Discovery.” The presentation will begin at
noon. The meeting sponsor is IKON.
RSVP to Sherry Downey at sdowney@albercrafton.com by
Monday, October 5.
The cost of the luncheon is $17 for members and $25 for
non-members. Please make checks payable to “Kentucky
Chapter ALA.” •
LOUISVILLE MAIN OFFICE
1717 Alliant Ave., Ste. 17
Louisville, KY 40299
OKOLONA
9311 Preston Hwy.
Louisville, KY 40229
FRANKFORT
307 Wilkinson St.
Frankfort, KY 40601
NEW ALBANY
515 Pearl St.
New Albany, IN 47150
Save the Date!
The Annual
Bench & Bar Dinner
will be held on
Thursday, January 20, 2011
at
The Henry Clay
Watch for details in future issues of Bar Briefs
and online at www.loubar.org!
Legal Secretaries of Louisville
The next regularly scheduled meeting of the Legal Secretaries
of Louisville will be held on Tuesday, October 19 at 11:30 a.m.
at the Bristol Bar & Grille Downtown, 614 W. Main Street. A
buffet luncheon, including dessert and beverage, will start at
11:30 a.m. The cost of the luncheon is $19.
To make reservations, please contact Dianne O’Regan at (502)
681-0529 or doregan@stites.com before noon on Tuesday,
October 12.
For more information on the association please conta
c t A l i ce Ha r r i s a t (5 02) 595 -2310 x 339 o r
aharris@louisvilleprosecutor.com. Information and upcoming
events can be viewed on the association’s website,
www.legalseclou-ky.org. •
WLA 2010 Judicial Forum and Luncheon
Join the Women Lawyers Association (WLA) of Jefferson County for the 2010 Judicial Forum
and luncheon on Thursday, October 14 at the Galt House.
The WLA sponsors a Judicial Forum during election years. The event benefits the community by
providing information about the qualifications of the judicial candidates and it gives candidates
the opportunity to address the public in a non-partisan, impartial setting. During the event, the
candidates of each contested judicial race on the ballot for November 2, 2010, will be introduced
and provided an opportunity to briefly address the audience. They will also respond to the
moderator’s randomly selected question(s). The audience will not be permitted to ask questions.
This year’s moderator will be LBA past-president Colin H. Lindsay.
The program will be held in the Waterford room at the top of the Galt House. Check-in starts at
11 a.m. and the two-hour program will start promptly at 11:30 a.m. The cost is $25 per person.
Pre-payment is required. To make your reservation mail your check to: The Women Lawyers
Association, P.O. Box 70271, Louisville, KY 40270. We must receive your paid reservation
by Thursday, October 7. Please indicate with your payment if you wish to have the vegetarian
option. For questions please call Ruth Lerner at (502) 417-4826. •
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www. loubar.org October 2010
29

Office Space
Private Office Space for Lease:
436 S 7th St; NACM Bldg. 1 block from Hall
of Justice. Utilities, phone, copier, fax, Internet,
conference room & kitchen provided.
1 on-site parking space per office. Phone:
Connie Cheak – 502-376-3335.
Tired of Fighting That Downtown Traffic?
East End Office Space For Rent – Several
offices to choose from for only $350 - $475
a month. Rent includes use of two (2) large
conference rooms with television, VCR, and
video camera. Also includes use of copier,
supplies, receptionist, telephone, internet
and parking. Conveniently located at corner
of Breckenridge Lane & Taylorsville
Road – literally seconds from the Watterson
Expressway. Referrals possible as well.
(502) 376-2626.
Office Space:
Large off + asst off in historic bldg.
Barristers Hall-1009 S 4th St-Recept incl,
copier, scanner, fax, 3 conf rms, free
parking-call Al Welsh or Lucy at 584-8583.
30 Louisville Bar Briefs
Office Space for Rent:
1 block from courthouse (old Portland Building,
corner of 6th and Market). Perfect for
1 person/new attorney. Hardwood floors,
large window, ceiling fan, kitchen access.
$500.00 per month. Call Armand 664-9338
or Brendan 386-1414.
Professional Arts Building:
One and one-half blocks from Judicial Center
and Hall of Justice. One with 2 offices, waiting
room and secretary/receptionist area.
Another with 1 office, conference room (or office),
waiting room and secretary/receptionist
area. On site parking available. Call Phyllis
Deeb at 585-4358.
Office Space:
Downtown first floor, closest to all three municipal
court buildings. One large executive
office, two smaller associate or secretarial
offices, use of library with conference table.
One parking space in attached garage. Inquiries
to: Blind Box 25, Louisville Bar Association,
600 W. Main St., Ste. 110, Louisville,
KY 40202-4917.
OFFICE SPACE FOR LEASE
734 WEST MAIN STREET
. Ideal for Law Office or Business
. Finished to Suit
. 8,000 square feet of prime office space available on the 2nd floor
. Conveniently located near numerous restaurants and businesses
. Two blocks from the Jefferson County Courts
. Tenants include Attorneys, Court Reporters and Museum
District Business Center
. Realtors inquires welcome
FOR MORE INFORMATION CONTACT
MARK WARDLAW, THE FORTIS GROUP
502.583.4040 or mwardlaw@fortiscommercial.com
Newly Painted Office Space for Rent:
Approx. 13’ x 17’ on S. Fourth Street. Access
to conference rooms, copy machine, fax and
postage machine and kitchen. Free parking.
$650 a month. Call Laura Garrett at 582-
2900 for more details.
Office Space Available:
600 West Main Street, conveniently located
upstairs from the LBA. Everything newly
renovated! Includes runner, law clerks, receptionist,
library, phones and Internet. Current
tenants include law firm Romines, Weis &
Young. Contact any individual from the referenced
firm or Pat Renn, John Harralson,
Scott Roby, Ron Cook, J. Russell Lloyd or
Trevor A. Smith at (502) 540-5700, or ask
for Greg Dearing.
Help Wanted
Tax & Transactional Attorney:
Mid Size East End Louisville law firm has an
opening for a tax and transactional attorney.
This attorney would be responsible for advice
to clients in general business and tax, entity
organization, transactional and succession
issues. Undergraduate background in accounting
or finance a plus, focus in business
and tax classes in law school a plus, prior tax
and transactional practice experience a plus.
Fax resume to Anita Steilberg at 502 581-1344
or email asteilberg@goldbergsimpson.com.
Talis Group, Inc. Attorney Openings:
*Compliance Specialist (LOU)
*Of Counsel with business (LOU)
*Environmental ATT with business (LOU)
*Office Share (LOU)
See www.talisgroup.com for details
Send resume in STRICT confidence to
Nikki Conley at nconley@talisgroup.com
Call (502) 581-9861 for more information
Office Supplies
Office Supplies:
Free Shipping, no minimum order, next day
delivery offered to LBA members through
Central Office Supply. Significant discounts
on complete line of office supplies—Call
Larry Dabney at 456-4080.
Services
Securities Arbitration:
James P. McCrocklin is available for
consultation on security arbitration claims.
Mr. McCrocklin has been a NASD/FINRA
arbitrator since 1989 and is chairman qualified.
James P. McCrocklin
414 Kentucky Home Life Building
Louisville, Kentucky 40202
(502) 589-5087
THIS IS AN ADVERTISEMENT.
ERISA/Long Term Disability Claims:
William Driscoll is available to handle plaintiff’s
ERISA/Long Term Disability claims,
both internal appeals and litigation. Experienced.
Phone (502) 587-1983.
THIS IS AN ADVERTISEMENT.
Environmental Attorney:
Ronald R. Van Stockum, Jr., Attorney at Law,
Phone: (502) 568-6838, Fax: (502) 589-2714,
e-mail: rvs@vanstockum.com.
THIS IS AN ADVERTISEMENT.
Immigration Consultant:
Dennis M. Clare is available to practice immigration
and nationality law. Member of the
American Immigration Lawyers Association.
Law Office of Dennis M. Clare PSC, Suite
250, Alexander Bldg., 745 W. Main St., Louisville,
KY 40202, (502) 587-7400.
THIS IS AN ADVERTISEMENT.
QDRO Preparation and Processing for:
Defined Benefit and Defined Contribution
Plans. Military, Municipal, State and Federal
Employee Plans. Qualified Medical Child
Support Orders. Collection of past due
Child Support and Maintenance. Charles
R. Meers, 429 W. Muhammad Ali Blvd.,
Suite 1000, Louisville, Ky 40202 Phone:
502-581-9700, Fax: 502-584-0439. E-mail:
Charles@MeersLaw.com.
THIS IS AN ADVERTISEMENT
Discrimination Issues &
Other Related Matters:
Samuel G. Hayward is available for consultation
of discrimination and other related
matters for either plaintiff’s or defendant’s
practice. Mr. Hayward has over thirty years’
experience in this area with Title 7, 1983, and
sexual harassment cases. Samuel G. Hayward,
4036 Preston Hgwy, Louisville, KY
40213, (502) 366-6456.
THIS IS AN ADVERTISEMENT.
Classified Advertising
LBA Members: $7 / line . Non-Members: $9 / line . 5-line minimum charge . Blind boxes – additional $12
The deadline for classified ads is the 15th of the month prior to the month of publication.
All ads must be submitted in writing to Kimberly Kasey via e-mail, fax or postal mail:
E-mail: kkasey@loubar.org / Fax: (502) 583-4113 / Postal mail: Bar Briefs, Louisville Bar Association,
600 W. Main Street, Ste. 110, Louisville, KY 40202-4917
For more information call Kim Kasey at (502) 583-5314
Advertising copy is carefully reviewed, but publication herein does not imply LBA endorsement of any product or
service. The publisher reserves the right to reject any advertisement of questionable taste or exaggerated claims or
which competes with LBA products, services or educational offerings.
www. loubar.org

Albers
Cohen
Gadansky
Patil
Settles
Stosberg
Barber
Edwards Maggard
Gilmore
Remmers
Sommer
Tsai
Bilitski
Ely
Holt
Schmidt
Sorrels
Watson
PLEASE JOIN US FOR A 10K RUN
AND ONE MILE FUN RUN
TO HONOR DOUG BURCHETT
and raise funds for The Will To Live to
support cancer research and to provide
financial support for those fighting cancer
SATURDAY, OCTOBER 23, 2010
8:00 A.M.
IROQUOIS PARK
If you are interested in running or volunteering, please contact Diane
Laughlin at 584-1600 or dlaughlin@bdblawky.com or Camille Estes at
Camille.Estes@yahoo.com or 386-1502.
Members on the Move
(continued from back page)
Wyatt, Tarrant & Combs is pleased to welcome Kristen A.
Holt to the firm’s Health Care Service Team. Holt provides
regulatory and transactional advice to healthcare clients
regarding the Fraud & Abuse and Stark Laws, HIPAA and
the HITECH Act, the Joint Commission Accreditation Standards
and EMTALA. Holt is a magna cum laude graduate
from The Catholic University of American Columbus School
of Law. She currently serves on the board of trustees for
Medical News, a Louisville-based medical publication, and
volunteers her time as a member of the board of directors for
The Center for Women and Families. The firm is also pleased
to announce that Deborah A. Bilitski was selected for Louisville’s
Business First’s “Forty Under 40” award. Bilitski is
a member of the firm’s Real Estate & Construction Service
Team and heads the firm’s zoning and land use practice.
Tilford Dobbins Alexander is pleased to announce that
Patrick T. Schmidt was elected president of the Frankfort
Avenue Business Association for 2010–11.
Ronald J. Murphy, CEO and co-founder of The Glenview
Trust Company, a locally owned and independent trust and
investment management firm, announces his plan to retire
at the end of the year. One of his successors will be Tawana
Edwards Maggard, Co-CEO and Chief Fiduciary Officer.
Daniel T. Albers Sr. has been appointed Director of the
Criminal Division of the Jefferson County Attorney’s Office.
Albers has served as Jefferson County Master Commissioner
and Receiver, and was an Assistant County Attorney for 18
years prior.
Greenebaum Doll & McDonald announces that Mark F.
Sommer, a member in the firm’s Louisville office, has been
elected vice-chair of the Industry Council of the Southeastern
Association of Tax Administrators (SEATA). The firm also
announces that Ross D. Cohen and Jennifer Y. Barber
have been elected to serve as officers for the Kentucky Bar
Association’s Tax Section. Cohen will serve as chair and
Barber will serve as vice chair and treasurer for the 2010–11
year. Additionally, Greenebaum is pleased to announce
that Jessica T. Sorrels has joined the firm as an associate
in its Louisville office. Sorrels joins the firm as a member
of the Litigation and Dispute Resolution Practice Group.
She focuses her practice on complex commercial litigation
disputes and volunteers her time with the Family Scholar
House and Legal Aid Society. Sorrels received her J.D. from
the University of Louisville Brandeis School of Law.
McBrayer, McGinnis, Leslie & Kirkland is pleased to announce
that Robert T. Watson has become a member with
the firm and that Christopher J. Gadansky has joined the
firm as an associate. Both will be practicing in the firm’s Louisville
office where Watson will serve as Partner in Charge.
Watson and Gadansky focus their practices in insurance
defense, civil rights, municipal law, civil litigation, real estate
and corporate law.
Mediation Services
Judge William L. Knopf (Ret.)
Let My 27 Years of Judicial Experience
Both as a Trial & Appellate Judge
Settle Your Case!
• Experienced as a Circuit and District Court Judge, and
Judge of the Kentucky Court of Appeals
• Certified Civil Mediator by The National Judicial College
• Available Statewide
(502) 445-7747
Wm.Knopf@insightbb.com Fax (502) 897-0015
Twenty-six lawyers from Dinsmore & Shohl’s Frankfort,
Lexington and Louisville offices were recently selected by
their peers for inclusion in Best Lawyers in America (2011).
In addition, Dinsmore & Shohl is Top Listed in the United
States in both mining and workers’ compensation law. In total,
141 attorneys were selected for inclusion in Best Lawyers
firm-wide. Dinsmore & Shohl also announced that the firm
received top honors in the inaugural U.S. News & World
Report—Best Lawyers (2010) “Best Law Firms” rankings.
The firm ranked fourth out of more than 8,700 law firms
surveyed for the most “Metropolitan First-Tier Rankings”
with 84. The firm was listed as a first-tier firm for more than
35 practice areas. Additionally, Dinsmore & Shohl had the
most “First-Tier Rankings” in the U.S. for mining law.
Fisher & Phillips announces that the law firm has received
a “First-Tier Ranking” for management-side labor and
employment law from U.S. News & World Report—Best
Lawyers. The Louisville office received a “Metropolitan
First-Tier Ranking.”
Frost Brown Todd (FBT) is pleased to announce that
145 of its attorneys have been named to Best Lawyers in
America (2011). Thirty-six FBT attorneys have made the
list for 10 years or more; 39 of the listed attorneys are from
the firm’s Louisville office. The firm also announces that 32
of its attorneys have been recognized by Kentucky Super
Lawyers for 2010. In addition to those attorneys listed, C.
Edward Glasscock, Timothy W. Martin and Sheryl G.
Snyder received state recognition by being listed in the Top
50 Kentucky Super Lawyers.
Greenebaum Doll & McDonald is pleased to announce
that 56 of the firm’s attorneys were selected for inclusion in
Best Lawyers in America (2011); 39 attorneys are from the
firm’s Louisville office.
Wyatt, Tarrant & Combs leads the state of Kentucky with
the highest number of attorneys listed in Best Lawyers in
America (2011) with 62 attorneys receiving honors. In total,
the firm has 87 attorneys listed in 28 practice areas from its
offices in Kentucky, Tennessee and Mississippi. Wyatt has the
highest number of listed attorneys from the city of Louisville
with 45 attorneys. •
Louisville, KY
Members on the Move
submissions
Send to:
Kimberly Kasey, kkasey@loubar.org
–or–
Steve Valdez, svaldez@loubar.org
For questions call (502) 583-5314
www. loubar.org October 2010
31

Forever Young
Jewelers Since 1832
Lloyd & McDaniel is pleased to announce
that Andrew D. Stosberg has joined the
Louisville firm in its creditors’ rights practice.
Stosberg will concentrate his practice primarily
on commercial and consumer creditor
bankruptcy matters throughout Kentucky
and in southern Indiana. Stosberg received his
law degree from the University of Kentucky
in 1999 and has a decade of legal experience
in complex bankruptcy cases and insolvency
matters.
Lynch Cox Gilman & Goodman is pleased to
announce that Berlin Tsai has joined the firm.
He practices in the areas of civil litigation,
asbestos defense and workers compensation
defense. Tsai received his J.D. from the
University of Louisville Brandeis School of
Law in 1993.
Fultz Maddox Hovious & Dickens is proud
to announce that Raja J. Patil has joined
as Of Counsel. Patil’s practice areas include
business law, finance, mergers & acquisitions
and healthcare. The firm is also proud to announce
that Brian S. Settles and Natalee A.
Gilmore have joined as associates. Settles’
practice areas include business law, mergers
& acquisitions and commercial transactions.
Gilmore’s practice areas include healthcare
and commercial litigation.
Middleton Reutlinger is pleased to announce
that Hiram Ely III has joined the firm. Ely
will concentrate his practice in commercial
and business litigation. Ely serves as outside
general counsel for several businesses and is
a certified mediator and arbitrator, including
as a listed neutral for the American Health
Lawyers Association and the National Arbitration
Forum. Ely received his law degree
from Washington and Lee University School
of Law in 1976.
Richard D. Remmers announces the relocation
of his office to 7702 Lazy Creek Court,
Prospect, KY. Remmers has been in general
civil practice for 48 years and has concentrated
on contested real estate matters over
the last 20 years. He has extensive experience
in matters involving breach of purchase contracts,
failure to disclose defective conditions
of a property and boundary line disputes.
(continued on previous page)
138 Chenoweth Lane | Louisville, Ky 40207 | 502.895.6124
MKJewelers.com
Louisville Bar Association
600 West Main Street, Ste. 110
Louisville, KY 40202-4917
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