November/December 2010

In this issue...

Happy Holidays from FCBA 3

Bar Foundation News 6

Pro Bono News 7

Greater Lexington Paralegal Association News 8

Fayette Circuit and Family Court News 9

Names in the News 10-11

FCBA Calendar of Events 12

Happy Holidays from

The Central Kentucky

Lawyer Referral Service

2010 was a great year at the Central Kentucky Lawyer

Referral Service! Since January, the 87 attorney members

of the CKLRS have made more than $295,000.00! The

CKLRS received more than 4,500 calls this year and

December is not yet over.

If you receive a call from a potential client in an area of

law that you do not practice, please pass along the number

for the Central Kentucky Lawyer Referral Service to that

client: (859) 225-8644.

Give your law practice a gift this season and join the

Central Kentucky Lawyer Referral Service (CKLRS). Go

to fcba.com, click on the Central Kentucky Lawyer

Referral Service button on the right, and download the

application for membership. You may also contact Dana

at danaarnold@fcba.com to have the forms sent to you.

BarNews A publication of the Fayette County Bar Association

Bar News Article Submission Guidelines Unsolicited manuscripts are accepted on subjects of

interest to the legal profession. Manuscripts should be

submitted in MS Word or WordPerfect in electronic form

either on disk to the attention of Mary Carr, FCBA,

219 N. Upper Street, Lexington, KY 40507 or as an

attachment emailed to marycarr@fcba.com. Articles

should not exceed 6 typewritten double-spaced pages.

For complete set of submission guidelines visit

www.fcba.com or contact the FCBA office at

(859) 225-9897.

Submission Deadlines:

Jan/Feb 2011 issue: DEC 17, dist. mid-Jan.

March/April 2011 issue: FEB 18, dist. mid-Jan.

May/June 2011 issue: APR 15, dist. mid-Jan.

Disclaimer of Liability Statements or expressions of opinions in the Bar News are those

of the authors and not necessarily those of the Bar or editors. Due

to the rapidly changing nature of the law, information contained

in this publication may become outdated. As a result, lawyers

using this material must research original sources of authority.

In no event will the authors, the editors, the reviewers or the

publisher be liable for any damages resulting from the use of this

material. The publication of any articles or advertisements is not

to be construed as an endorsement of the product or service

offered unless the ad specifically states that there is such an

endorsement or approval.

Leading the Bar 2010-2011 Officers

President Erin McMahon Wyatt, Tarrant & Combs, LLP

President-Elect Christopher W. Goode Bubalo, Hiestand & Rotman

Treasurer Cassidy Ruschell Rosenthal Stites & Harbison

Secretary Palmer Gene Vance II Stoll Keenon Ogden

Auditor Pierce Hamblin Landrum & Shouse

Immediate Past-President Mindy Barfield Dinsmore & Shohl

Board of Directors

D. Craig Dance Greenebaum Doll & McDonald

Elizabeth Feamster Fowler, Measle & Bell

Christopher Frost University of Kentucky College of Law

Glenda George Lexington Fayette Urban County Government Dept. of Law

Sheila Isaac Senior Status Judge

Lucy Pett Stoll Keenon Ogden

Kif Skidmore Savage, Elliott, Houlihan, Moore, Mullins & Skidmore

Jana Smoot White Fowler, Measle & Bell

Adrian Mendiondo Young Lawyer’s Rep

Kinkead & Stilz

Fayette County Bar Association 219 N. Upper Street Lexington, KY 40507 225-9897 225-9898 Fax www.fcba.com info@fcba.com

FCBA Staff

Mary Carr, Executive Director

Dana Thomas, CKLRS Program Coordinator

Danielle McIntyre, Membership Coordinator

Nov/Dec 2010 3

House for RentHouse for RentHouse for RentHouse for Rent

4200 Heathmoor Court,

Wyndham Downs

• 3 possibly 4 bedroom

• 2 bath

• Quiet cul de sac

• Private back yard

backing to woods

• Full finished walkout

basement

• Available Now

$1250.00/month Rent

plus utilities and deposit

Owner negotiable on terms

of lease. Please call

859-351-5087 for details.

The Fayette County Bar Association Board of Directors and StaffThe Fayette County Bar Association Board of Directors and StaffThe Fayette County Bar Association Board of Directors and StaffThe Fayette County Bar Association Board of Directors and Staff would like to take this opportunity to wish you happy holidays!would like to take this opportunity to wish you happy holidays!would like to take this opportunity to wish you happy holidays!would like to take this opportunity to wish you happy holidays!

It is our pleasure to serve this outstanding membership. It is our pleasure to serve this outstanding membership. It is our pleasure to serve this outstanding membership. It is our pleasure to serve this outstanding membership. We look forward to providing programming, special events We look forward to providing programming, special events We look forward to providing programming, special events We look forward to providing programming, special events

and benefits in the coming year. and benefits in the coming year. and benefits in the coming year. and benefits in the coming year.

Best wishes for a happy Best wishes for a happy Best wishes for a happy Best wishes for a happy and prosperous 2011!and prosperous 2011!and prosperous 2011!and prosperous 2011!

Nov/Dec 2010 4

From the earliest years of our

education, we have been taught

about the honesty and strength of

Abraham Lincoln, the president

that preserved the Union and

delivered some of the most famous

speeches in history. However,

Lincoln did not enter the White

House as the country’s sixteenth

president until he was fifty-one years

old. What happened in the years

before his presidency, and how did

they contribute to his character and

his decisions as president?

In Abraham Lincoln, Esq.: The

Legal Career of America’s Greatest

President, editors Roger Billings

and Frank J. Williams explore

Lincoln’s law practice prior to

his service as president and its

profound effects on his legal

philosophy and the country as a

whole. The editors, along with an

impressive list of contributors,

analyze records of Lincoln’s cases

and courtroom procedures, both

debunking myths and illuminating

his development as both a lawyer and political leader.

Abraham Lincoln, Esq. paints a portrait of his legal

specialties, reputation, and the historical significance of his

career. Lincoln historian Mark E. Steiner’s “Does Lawyer

Lincoln Matter?” examines Lincoln’s image, comparing

how other lawyers evaluate the former president with how

the American public tends to recognize Lincoln. In “A.

Lincoln, Respectable ‘Prairie Lawyer’,” Brian Dirk delves

into accounts of Lincoln’s merit as a lawyer from the

1850s and 60s. Billings and Williams also investigate

specific aspects of Lincoln’s legal career in Illinois, considering

his role as a debtor-creditor, his experience with real-estate

cases, and his skills as a legal writer. In their essay,

“Competence, Diligence, and Getting Paid: Lincoln’s

Lessons for Today’s Ethical Lawyer,”

William T. Ellis and Billie J. Ellis

Jr. evaluate Lincoln with an eye

toward encouraging today’s lawyers

to examine their own practices and

legal aspirations.

Billings and Williams conclude

the collection with a thorough

examination of how Lincoln used his

legal training and experience to

manage national and international

issues during his presidency. In

“Abraham Lincoln as Practical

Constitution Lawyer,” Mackubin

Thomas Owens discusses Lincoln’s

fight to preserve the Constitution

under the pressure of the Civil War.

Lincoln argued that the document

was crucial to the survival of the

republican government and the

continuation of a separation of

powers between branches of the

federal government. William D.

Pederson’s “President Lincoln: The

International Lawyer” specifically

evaluates Lincoln’s contributions to

international law during his

presidency. Pederson describes how Lincoln used his legal

training to prevent Europe from recognizing the Confederacy,

but also explains the advancements in international

humanitarian law made by the Lincoln administration.

By taking a look at an often ignored period in Lincoln’s

life, Abraham Lincoln, Esq. provides readers with compelling

insight to the most-well known president and his decision-

making process that shaped our country. Billings, Williams,

and their contributors eloquently and thoroughly explore

the nuances of Lincoln’s journey to national prominence,

delving into history to present a multifaceted account of

the experiences and lessons that defined his stance on ethics,

policy, and democracy.

Lincoln Laying Down the Law

ABRAHAM LINCOLN, ESQ.: THE LEGAL CAREER

OF AMERICA’S GREATEST PRESIDENT

Edited by Roger Billings & Frank J. Williams

Publication Date: Nov. 19, 2010 ♦ $40.00

ISBN: 978-0-8131-2608-1

For more information: Mack McCormick,

859-257-5200, permissions@uky.edu

Nov/Dec 2010 5

Nov/Dec 2010 6

The Fayette County Bar Foundation would like to

welcome the newest fellows who have recently

pledged to the Bar Foundation:

� Pam Clay-Young � Marcy Deaton

� David Enlow � Karen Greenwell

� Adam Kegley � Denise McClelland

� Robert Sartin � Ellen McCoy Sharp

� Lori Shelburne

Please consider joining us by supporting the Fayette

County Bar Foundation. Fellows’ pledge payments may be

spread out over four years. Complete the form and return

it to the Fayette County Bar Foundation, 219 N. Upper

Street, Lexington, KY 40507. Thank you for your support!

I wish to join the other members of the bar in support of the

Fayette County Bar Foundation by becoming a Fellow with

a pledge of $1000, payable as follows:

Year 1 $____________ Year 3 $____________

Year 2 $____________ Year 4 $____________

I/We wish to make the first payment on __________(date).

(A reminder will be sent to you.)

Name: ________________________________________

Address: _______________________________________

I wish this gift to remain anonymous ____

Thank you for your generous gift!

Bar Foundation NewsBar Foundation NewsBar Foundation NewsBar Foundation News

Nov/Dec 2010 7

Pro Bono Program, Inc.Pro Bono Program, Inc.Pro Bono Program, Inc.Pro Bono Program, Inc.

Pro Bono Volunteer Recognition Luncheon

On October 12, 2010 the Fayette County Bar Association Pro Bono Program held its annual Volunteer Recognition luncheon

at Baker’s 360. The Keynote speaker was William “Bill” Robinson, III, President-Elect of the American Bar Association

and Member-in-Charge at Frost Brown Todd, LLC, Northern Kentucky Offices.

The volunteers honored at this year’s luncheon were:

Volunteer Firm of the Year Davidson & Oeltgen, PLLC

Volunteer Attorney of the Year Ross T. Ewing, Law Office of Ross T. Ewing

New Volunteer Attorney of the Year Barry N. Wright

Modest Means Program Attorney of the Year Susan S. Kennedy, Fowler Measle Bell, PLLC

Special Recognition Award Mindy G. Barfield, Dinsmore & Shohl Co-founder, Fayette County Domestic Violence Advocacy Program

In addition to the volunteers above, the Fayette County

Bar Association Pro Bono Program would like to thank

the many attorneys who volunteered their time over the past year to ensure that the most needful of

our community had access to legal assistance. Please go to www.fcba.com/2010volunteers.pdf

for a complete list.

Modest Means Volunteer of the Year

Award recipient Susan Kennedy

Holiday “Reverse Raff le” Tickets on Sale Buy a $50 raffle ticket for a chance to win UP TO $10,000!

The FCBA Pro Bono Program, Inc. is holding a Holiday “Reverse Raffle” to raise funds for the program.

Tickets can be purchased for $50 each by contacting Tammie Haddix at thaddix@lablaw.org.

A drawing to determine the winner will be held at 8:00 p.m. during the FCBA’s Annual Holiday

Party at the Bell House on December 16, 2010.

Details: 60% of ticket sales proceeds will go to benefit the fundraising efforts of the FCBA Pro

Bono Program, Inc.; 40% of ticket sales proceeds will go to the winner of the raffle. There will

be no more than 500 tickets sold. Tickets will be made available to the general public. The

maximum possible amount of winnings will be $10,000. There will be only one grand prize

winner. House rules will be posted at all ticket sale locations. Notice of Exemption from Charitable

Gaming Licensure Requirement — Exemption Number: EXE0001501

Nov/Dec 2010 8

Greetings once again from the GLPA! It has been nearly

two years since my first Fayette County Bar Association

newsletter article as the new President of the Greater

Lexington Paralegal Association. Now, the time has come

when I submit to you my final newsletter article.

By the time you read this, we will have just hosted the

22nd Annual KPA Conference. The KPA Conference

Committee worked tirelessly to make this Conference the

best ever. The Honorable Jim Newberry, Mayor of

Lexington, issued a Proclamation declaring November 12,

2010 as Lexington Paralegal Day in recognition of the 30th

Anniversary of GLPA and the hosting of the KPA

Conference. The Honorable Governor of Kentucky,

Steven Beshear issued a Proclamation declaring that

November 12, 2010 be recognized as Kentucky Paralegal

Day. We are so fortunate that both of these esteemed

government leaders have roots here in the Lexington legal

community and support the paralegal profession!

It has been a busy and productive year as the GLPA

celebrated its 30th year of existence. We hosted the NFPA

Region III Meeting and the KPA Conference. We hosted

social events that brought our members together to for the

chance to network with one another and make new

friends. We welcomed new corporate sponsors and

continued developing those relationships. We reached out

to the students at the institutions offering paralegal programs

and welcomed the opportunities to assist them in many

ways. We learned from the attorneys and other legal

professionals who have presented at our monthly CLE

luncheons. We appreciate that you continue to donate

your time to come and visit with us. We gave back to the

community with donations of our time, resources and

items of need to military personnel serving overseas.

We also spent the year looking back over our thirty

years and at the hardworking and dedicated paralegals

whose efforts brought this association to the present.

Through bi-weekly president email messages, it was my

personal goal to limit the amount of emails being sent to

the members while also providing them the information

that they needed to know regarding upcoming GLPA

events. At the same time, I used the opportunity to provide

them with a glimpse of the past. This goal was accomplished

by reviewing copies of archived newsletters dating back to

the early days of what was then the Lexington Paralegal

Association. It was always interesting to see that those

paralegals faced many of the same problems and issues

that we do today. But it was also interesting to see the

evolution of the GLPA and NFPA and to realize that

some things were changed and then returned to what

worked before.

As I close this final article as GLPA President, I

especially want to offer my heart-felt thanks to my firm

Frost Brown Todd LLC and to my attorneys, Jack

Cunningham, Bart Rogers and Valerie Marshall. They

allowed me the opportunity to serve my profession in this

capacity for two years and I appreciate their support more

than I can say. I also ask you to always remember to

thank those hard-working paralegals in your office. Those

who have served on the GLPA Board over the past couple

of years are certainly some of the best ones out there and I

am honored to have served with them.

— Lisha Stone

Senior Paralegal, Frost Brown Todd LLC

We’re�once�again�collecting�toys�for�

this�annual�program.��

New,�unwrapped�toys�for�children�

from�infants�to�age�10�may�be�dropped�off�at�the�FCBA��office,�219�North�

Upper�Street.�

�If�your�firm�would�like�to�collect�toys�for�the�drive,�contact�Mary�Carr�(marycarr@fcba.com)�

for�a�collection�box.���

The�FCBA�will�gather�all�collected�toys�and�drop�them�off�with�the�firefighters.�

Nov/Dec 2010 9

The Fayette County Law Library has added three new

databases to the free Westlaw access:

• KENTUCKY FEDERAL DOCKETS,

which includes dockets of the 6th Circuit

and the Kentucky Federal District Courts;

• KENTUCKY BRIEFS LIBRARY, which

includes briefs filed in the 6th Circuit, the

Kentucky Supreme Court and the Kentucky

Court of Appeals; and,

• KENTUCKY PLEADINGS, MOTIONS

AND MEMORANDA, which contains

selected trial court documents from cases

with heavily litigated topics, jury verdicts

or settlements.

The resources now available on the law library's free

terminals are comprehensive and include: all 50 states

cases, statutes, and administrative regulations, the entire

American Jurisprudence library, over 600 law journals,

the entire ALR series, restatements of the law, the

personal injury damages library, jury verdict and

settlement information from every state, Kentucky and

federal forms, the Kentucky DUI practitioner library and

much more.

Access to these resources is

FREE. All you have to do is

sign up with Fayette Circuit

Court Wilma Lynch and obtain

an access code.

The law library is located

on the third floor of the Fayette

Circuit Courthouse and is open

whenever the Courthouse is

open. Please sign in whenever you use the library and

indicate what you are using and what you would like to

have that is not now available.

With your sign in information, the trustees can track

use and provide whatever additional resources are

needed by the bar.

Now we may know why they go by TY. THANK YOU for your

generous gift of toys for the adopted children of Lexington!

The Fayette County Family Court would like to thank Ty Inc. and

Bernadette Scott for donating Beanie Babies to be given to children

adopted in Fayette County Family Courts. Ty and Bernadette were

contacted by Robert Stith, Staff Attorney for Judge Jo Ann Wise, and

upon hearing how many smiles their Beanie Babies bring to children

being adopted quickly donated over 200 beanie babies. The gifts are

distributed to children as their adoptions are finalized. It gives them a

tangible keepsake of their adoption day.

Once again, the kindness and generosity displayed by Ty Inc.

sets a stellar example for us all to follow. Let’s continue and ‘pay it

forward’ with kindness.

New Databases at Fayette County Law Library

Ty Beanie Babies Donated to Adopted Children

Through Family Court

Names in the News

Nov/Dec 2010 10

On November 1, 2010 William R. Garmer of the law firm

of Garmer and O’Brien was elected to the Kentucky Bar

Association Board of Governors for the 5th Judicial District.

Bar governors serve two-year terms which are staggered in

order that one of the two governors from each District will up

for election each year. Mr. Garmer will join Anita M. Britton

of Stoll Keenon Ogden in representing the District.

Barnett, Benvenuti & Butler announced that Bradley J.

Sayles has joined the firm as an associate. He will concentrate

his practices in the area of health care law and litigation.

Benchmark Litigation has recognized Stoll Keenon Ogden

as a Leading Litigation Firm in Kentucky. Three of the firm’s

attorneys, Sam Hinkle, Doug Ballantine and Perry Bentley,

were also recognized as “Local Litigation Stars.” Stoll

Keenon Ogden debuted in Benchmark Litigation last year as a

highly recommended firm in the 2009 rankings.

Stoll Keenon Ogden PLLC is pleased to announce that

Sarah Sloan Wilson, a former SKO summer associate has

joined the firm’s Lexington office. Ms. Wilson earned a J.D.

from the University of Kentucky College of Law, a Master of

Arts degree in Teaching from City University in Washington,

and a Bachelor of Arts degree from the University of Kentucky.

She joins the firm’s Business Entities and Transactions Practice

Group, as well as the Real Estate, Finance and Development

Practice Group.

Stoll Keenon Ogden PLLC also announced that its attorney

David Royse has been named a 2010 Rising Star by the

Lexington Young Professionals Association (LYPA).

LYPA’s Annual Rising Star program honors individuals,

ages 40 and under, that positively affect the Lexington

community through professional and non-professional service

and achievement. Mr. Royse, 37, is a member of the firm’s

Business Litigation practice. He has been appointed by the

Governor of Kentucky as a Special Justice on the Kentucky

Supreme Court. He was also appointed by the U.S. District

Court in the Eastern District of Kentucky as the Plaintiffs'

Liaison Counsel in the aviation litigation arising out of the

crash of Comair 5191.

Fowler Measle & Bell announced that John Williamson

Arbuckle has joined the firm as an associate in the firm’s

commercial and litigation groups.

Wyatt, Tarrant & Combs, LLP is pleased to announce

that Allison L. Grogan and Courtney Ross Samford have

joined the Firm’s Lexington office. Ms. Grogan was a former

summer associate at Wyatt in 2009. She received her J.D.

from the University of Kentucky in May 2010 and her B.A.

magna cum laude in English Writing and Spanish in 2006 from

DePauw University. Ms. Samford was a former summer

associate at Wyatt in 2008. She received her J.D. from the

University of Kentucky in May 2010 and her B.A. in

Government in 2006 from Centre College.

Wyatt, Tarrant & Combs, LLP is pleased to announce

Margaret Young Levi has been named Counsel in the

Lexington office. Ms. Levi is a member of the Firm’s Health

Care Service Team. She was General Counsel for Ephraim

McDowell Health, Inc. in Danville, Kentucky for ten years.

Ms. Levi received a B.A. from Centre College in 1988, an

M.A. from the College of William and Mary in 1991, and a

J.D. from the University of Kentucky College of Law in 1995.

Stites & Harbison welcomes attorney Elizabeth “Betsy”

Johnson to the Lexington office. Ms.Johnson joins the firm

as a member of the Health Care Service Group. Her practice

focuses on health care law and regulatory insurance issues. From

2008 through September 2010, she served as the Commissioner

for the Commonwealth of Kentucky’s Department for Medicaid

Services where she managed the Medicaid program’s more

than $6 billion budget, serving nearly 800,000 Medicaid

recipients. She also advised the governor on important policy

initiatives and budgetary matters. Ms. Johnson earned her

J.D. from Temple University School of Law in 1994 and received

her B.A., with distinction, in Political Science from the

University of Kentucky in 1991.

Stites & Harbison is the first law firm with a presence in

Kentucky and Tennessee to become a signatory of the New

York County Lawyers’ Association (NYCLA) Diversity State-

ment. Signatories agree to support efforts to increase diversity in

the legal profession. They also agree to respond to client requests

for the number of hours worked on client matters by minority

lawyers as well as the legal fees charged by those lawyers.

C. Edward Hastie has returned to the full time practice of

law at Morgan & Pottinger, PSC, after spending the last

seven years as Director of Development and General Counsel

for a non-profit independent school in Fayette County. His

Nov/Dec 2010 11

areas of practice include Trusts and Estates, Probate, and

Estate Planning.

Scott White, a shareholder of Morgan & Pottinger, PSC,

was appointed to the Board of Directors for Jubilee Jobs of

Lexington.

Tyler Powell, a senior associate at Morgan & Pottinger,

PSC, participated in Commerce Lexington’s 2010 Kentucky

Regional Tour to South Central Kentucky.

Spurgeon & Tinker announced Matthew Barszcz has

joined the firm and will concentrate his practice in the area of

plaintiff and defense, catastrophic litigation, insurance defense

and civil litigation. Mr. Barszcz is a graduate of the University

of Kentucky College of Law where he was elected to the Order

of the Coif and served as a staff member of the Kentucky Law

Journal.

The Best Lawyers in America® the oldest and most respected

peer-review publication in the legal profession has recognized

the following attorneys for 2011:

Stephen L. Barker, Sturgill, Turner, Barker & Moloney,

PLLC as the “Lexington Best Lawyers Labor and Employment

Lawyer of the Year.”

J. David Porter, Stites & Harbison as the “Lexington Best

lawyers Trusts and Estates Lawyer of the Year.”

Bruce M. Reynolds, Stites & Harbison as the “Lexington’s

Best Lawyers Tax Lawyer of the Year.”

Laura Day DelCotto, DelCotto Law Group PLLC, as

the “Lexington’s Best Lawyers Bankruptcy and Creditor Debtor

Rights/Insolvency and Reorganization Lawyer of the Year.”

R. David Lester, Stoll Keenon Ogden PLLC as the

“Lexington’s Best Lawyers Mergers & Acquisitions Lawyer of

the Year.”

J. David Smith Jr., Stoll Keenon Ogden PLLC as the

“Lexington’s Best Lawyers Corporate Lawyer of the Year.”

Frank L. Wilford, Stoll Keenon Ogden PLLC as the

“Lexington’s Best Lawyers Real Estate Lawyer of the Year.”

Calendar of Events

December 2010 15 Domestic Relations Section

Annual Family Law Jeopardy Contest

11:30 a.m. - 1:00 p.m. Bellini’s Restaurant

16 FCBA Annual Holiday Party

5:30 - 8 p.m. Bell House

23-24 Christmas Holiday

FCBA Office & Courts Closed

30-31 New Year’s Holiday

FCBA Office & Courts Closed

January 2011 HAPPY NEW YEAR!

12 Women Lawyers Meeting

TBA

17 ML King Holiday

FCBA Office & Courts Closed

19 Domestic Relations CLE

New Family Law Rules

Judge JoAnn Wise, Speaker

11:30 a.m. - 1:00 p.m. Bellini’s Restaurant

25 FCBA Board of Directors meeting

Noon - 1:00 p.m. FCBA Bar Center

26 Labor & Employment CLE

11:30 a.m. - 1:00 p.m.

Fayette Circuit Courthouse Multipurpose Room