Attorney Sidebar: Public Perception of Lawyers

Norma Foster Adams

The public perception of lawyers has greatly diminished in quality. It would be interesting if someone could do a study to see what the difference in lawyers then and now is. I think for the most part, they’re probably better. The competition has made them do that. There is no longer the good-old-boy system. There is more demand that you be ethical than there was 50 years ago, but that’s not the way the public perceives us I’ve always been proud of being a lawyer.

~Norma Foster Adams

Kentucky Lawyers Speak, p. 21.

Attorney Sidebar: Gerry Spence

Date: Fireside Chat with Gerry on February 27th, 2018 at 9:30 am PDT.

This is a can’t miss opportunity for trial lawyer!

Trial Guides Fireside Chats are free, online learning in a bite-sized package tailor-made for the busy trial lawyer. We feature quick-hit knowledge in an informal, engaging, interactive format (short 20-minute teaching moment, followed by live video Q & A with attendees for 60-90 mins as time permits. View from any device in any location with broadband internet access. Telephone audio dial-in also available. Make Time to Learn Something New Today!

Click here for registration.

Attorney Sidebar: Mentoring

Philip P. Ardery

“I think the best thing for a young lawyer to do today would be be associate himself with some person he highly respects as a member of the Bar and learn from that person. I think that’s the best way to get adjusted to the challenge of law practice after you get through law school. To be a lawyer is to have a real privilege and with that privilege goes responsibility.”

~Philip P. Ardery

Taken from “Kentucky Lawyers Speak”, page 29.

Attorney Side Bar: Being Prepared

Norma Foster Adams

We had a lawyer named H.K. Spear who was sort of a character, and one day the judge said ‘General’ (they called him General because he’d been with the Kentucky Attorney General’s Office). ‘Will you give me some law on that?’ [And] He said, ‘Judge, if I had it, believe me, you would have already had it!’

~ Norma Foster Adams
Kentucky Lawyers Speak”, page 19. 

When the judge ask you if you have any law on a position, will you have an answer in the ready.

Are you prepared to provide precedent on point or which can reasonably be extended to support your position.  If the precedent looks bad for you, can you distinguish it on facts or law or both?  And if the law is silent on your exact point, is there law from another jurisdiction that is probative that would help?  And never, ever forget the equitable reasons that your cause is just. Something more than, “no can do.”

Be prepared, be ready, be responsive.

Walter Gretzky had some pretty good advice for his superstar hockey player of a son — Wayne, “Skate to where the puck is going, not where it has been.”

You got to see the where the puck is going to be ready to plan your next move.

From “Kentucky Lawyers Speak”, Norma Foster Adams, page 19.

COA: November 17, 2017 Court of Appeals Decisions (Minutes)

Nos. 966-980: 15 Decisions Posted with a 2 decisions designated 'to be published' with links to full text of each decision


976.  Insurance.  Captive health insurer exempt from Unfair Claims Settlement Practices Act
Merritt v. Catholic Health Initiatives, Inc.

978.  Criminal Law. Sentencing Evidence relating to uncharged misconduct, dismissed charges and unverified community complaints not error.
Snodgrass v.  Commonwealth of Kentucky

Selected cases that were not designated for publication in tort, insurance and civil law. None.



For the index to archived minutes at the official AOC page, then click here.

For more information on each of the published and unpublished decisions and obtaining case information, then continue reading below the fold.

COA: November 9, 2017 Court of Appeals Decisions (Minutes)

Nos. 942-965: 24 Decisions Posted with a 6 decisions designated 'to be published' with links to full text of each decision


945.  Business.  Stock repurchase agreement.
Rogers v. Family Practice Associates of Lexington, PSC

949.  Criminal Law. Ineffective Assistance of counsel.
Ferguson v. Commonwealth of Kentucky
Reversed and remanded. Defendant received constitutionally ineffective assistance of counsel leading to his conviction for murder. We reverse and remand for new trial.

952.  Family Law.  Division of military retirement pay.
Priest v. Priest

953.  Business Law. Breach of contract and repayment of advances.
Bloomsz, LLC v. Van Bourgondien

954.  Flagrant nonsupport and diversion agreement.
Price v. Commonwealth of Kentucky  (link corrected from minutes)

955.  Flagrant nonsupport and diversion agreement.
Lainhart v. Commonwealth of Kentucky

Selected cases that were not designated for publication in tort, insurance and civil law. None.

942.  Retaliatory and wrongful termination
Hackney v. Mountain Comprehensive Care Center. Inc.

959.  Nursing Home Arbitration Case.
New Oaklawn Investments, LLC dab Oaklawn Health and Rehabilitation Center v. Stein, Executrix Est of June Lee


SC: December 2017 Oral Arguments before Ky Supreme Court

Click here for link to table of all monthly oral argument calendars at Kentucky’s Administrative Office of the Courts (AOC) from 2005 to date.

Click here for a link to all of the Kentucky Court Report’s postings on Supreme Court argument calendars.

Click here to catch live web streaming oral arguments on the date and time of the argument.  They are not saved for later viewing.