Category: Ethics
Attorney Sidebar: Honoring Our Profession
“I hold every (person) a debtor to (his or her) profession; for which as (members of their professions) of course do seek countenance and profit, so ought they of duty to endeavor themselves, by way of amends to be a help in...
Read MoreAttorney Sideebar: Six Traps You Should Watch Out for in Auto Accident Releases, or Get Ready To Stand Up to A Bully
Here are six TRAPS to watch out for when the liability insurer wants to settle and your client is anxious for the money. Items in a release the liability insurer may present in a brute show of force, stealthily added to the...
Read MoreNews: The Bad News Continues for Another of the Fen Phen Lawyers as Attorney Stan Chesley Found Liable to the Claimants for part of the $42 million
It seems the bad news just won’t stop for the lawyers associated with “the” fen Phen settlement. Attorneys Gallion & Cunningham will be in prison for a long time, 25 and 20 years respectively. Attorney...
Read MoreMike O’Connell, Jefferson County Attorney, and the Price of “Loyalty”.
“It is money, money, money! Not ideas, not principles, but money that reigns supreme in American politics.” Robert C. Byrd A recent op-ed from the Courier-Journal discussed how elected government officials in...
Read MoreSCOKY: Attorney Disciplinary Actions from Jan and Feb.. 2013
The SCOKY took disciplinary actions in the following matters: KBA vs. Brian Patrick Curtis KBA vs. Gail Smith Slone KBA vs. Andrew L. Holton Timothy A. Parker vs. KBA Brandon J. Lawrence vs. KBA KBA vs. William R. Palmer, Jr....
Read MoreSCOKY: Attorney Disciplinary Actions from Dec 2012
The SCOKY took disciplinary actions in the following matters: Rodney McClintock vs. KBA Matthew Bowling vs. KBA Danielle Brown vs. KBA The following pages were extracted from the December 2012 minutes of SCOKY with links and...
Read MoreEthics Complaint Filed by Chris Thieneman against Judge
LOUISVILLE, Ky. (WHAS11) – A former candidate for the Kentucky state senate says he wants a ruiling in a case over his eligibility. A judge heard arguments before the November election to decide whether Chris Thieneman was...
Read MoreTo Kill a Mockingbird – LBA Movie and CLE Event on Oct. 18, 2012
The Louisville Bar Association is sponsoring one of my favorite legal movies – “To Kill a Mockingbird” on October 18, 2012. You can also obtain one hour of continuing legal education credit on ethics for $30. Else, enjoy the...
Read MoreCauses of Action: Violation of ethical rule does not create a cause of action (Rose v. Winter, Yonker & Rousselle, COA, NPO, 7/27/12)
The following decision which was not published provides an interesting start on the interplay between our ethics rules and a cause of action. At first blush and a quick read of the Supreme Court Rule (Code of Professional...
Read MoreGOVERNMENT – Ethics: Turbyfill v. Executive Branch Ethics Commission (COA 11/20/2009)
Turbyfill v. Executive Branch Ethics Commission2008-CA-001394 11/20/09 2009 WL 3878046Opinion by Judge Wine; Judges Nickell and Thompson concurred. The Court affirmed an order of the circuit court denying appellant’s petition...
Read MoreTorts – Legal negligence, conflict of interest in insurance representation: Stephen R. Chappell, Individually and as partners and/or employees of Landrum & Shouse, et al. v. Kuhlman Electric Corp. AND Kuhlman Electric Corp. v. Chappell (SC 10/29/2009)
Stephen R. Chappell, Individually and as partners and/or employees of Landrum & Shouse, et al. v. Kuhlman Electric Corp. AND Kuhlman Electric Corp. v. Stephen R. Chappell, Individually and as partners and/or employees of...
Read MoreLEGAL NEGLIGENCE – conflicts of interest, insurance representation: Stephen R. Chappell, Individually and as partners and/or employees of Landrum & Shouse, et al. v. Kuhlman Electric Corp. AND Kuhlman Electric Corp.
Stephen R. Chappell, Individually and as partners and/or employees of Landrum & Shouse, et al. v. Kuhlman Electric Corp. AND Kuhlman Electric Corp. v. Stephen R. Chappell, Individually and as partners and/or employees of...
Read MoreATTORNEY DISCIPLINES: March 2009
A. Kentucky Bar Association v. Bryan Kent Burlew2008-SC-000500-KB March 19, 2009The Supreme Court adopted the KBA Board of Governor’s recommendation that attorney be suspended from the practice of law for three years. Attorney...
Read MoreEthics commission jurisdiction: LOUISVILLE/JEFFERSON COUNTY METRO ETHICS COMM. V. SCHARDEIN (COA 7/18/2008)
LOUISVILLE/JEFFERSON COUNTY METRO ETHICS COMM. V. SCHARDEIN GOVERNMENT: Ethics commission 2007-CA-001356 PUBLISHED: AFFIRMING ...
Read MoreRule 11 sanctions not pend time for appeal and appellate review on imposition of thereof per “abuse of discretion”: HINES V. BARNETT BANK OF TAMPA, NA (COA 3/28/2008)
HINES V. BARNETT BANK OF TAMPA, NACIVIL PROCEDURE: RULE 11; new standard of review on imposition of sanctions relying on abuse of discretion 2006-CA-000216PUBLISHED: DISMISSING IN PART AND AFFIRMING IN PARTPANEL: ACREE...
Read MoreJudicial disqualification learned after the case: KESSLER HOMES, IC. V. PETZOLD (COA 1/18/2008)
KESSLER HOMES, IC. V. PETZOLDJUDGES: Disqualification 2006-CA-001127PUBLISHED: VACATING AND REMANDINGPANEL: LAMBERT PRESIDING; DIXON, ROSENBLUM CONCURCOUNTY: FAYETTEDATE RENDERED: 01/18/2008This action began when Kessler...
Read MoreCLIENT PERJURY AND COUNSEL’S DUTIES: BROWN V. COMMONWEALTH (SC 6/21/2007)
BROWN V. COMMONWEALTHETHICS: RULE 3.3 AND CLIENT’S INTENT TO COMMIT PERJURY AT TRIAL; AND RULE 1.63 DUTY OF CONFIDENTIALITY2005-SC-000078-DG.pdfPUBLISHED: REVERSING AND REMANDINGMAJORITY OP BY NOBLE; CUNNINGHAM CONCURS BY...
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