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May 25, 2013 Not a member? Join LawReader |
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LawReader News[ view all news on our blog ]FEDS ARGUE ILLEGAL IMMIGRANT SHOULDN?T GET LAW LICENSE[May 23rd, 2013]the associated press TALLAHASSEE, Fla. — A Florida’s man bid to obtain a law license despite questions about his immigration status could be coming to an end. The U.S. Department of Justice this week filed a legal brief arguing that the state should deny a law license to anyone who enters or remains in the [...]
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COURT CITES ANOTHER INSTANCE OF INQUIRY COMMISSION OF KBA FAILING TO DESCRIBE THE OFFENSE CORRECTLY[May 22nd, 2013]Kentucky Bar Ass’n v. Edwards,Terry Ray 377 S.W.3d 557 (Ky., 2012) September 20, 2012 Emma Frances Kottmyer was adjudged to be incompetent to handle her finances, having been diagnosed with dementia and early-onset Alzheimer’s disease. The district court appointed Edwards, who was Kottmyer’s attorney on several occasions for over a decade before the appointment, and [...]
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KENTUCKY SUPREME COURT WARNS BAR COUNSEL THAT DISCIPLINE PROCEEDINGS ARE NOT CRIMINAL TRIALS!![May 22nd, 2013]Kentucky Bar Ass’n v. Robinson, 386 S.W.3d 739 (Ky., 2012) These distinctions between the procedure provided by SCR 3.360(4) and SCR 3.480(2) are of vital importance. While KBA disciplinary proceedings are frequently treated as prosecutorial by the bar, they are not criminal proceedings. Rather, they are civil disciplinary matters carried out by an agency of [...]
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SUPREME COURT REQUIRES INQUIRY COMMISSION CHARGES TO STATE ACTUAL FACTS[May 22nd, 2013]The Supreme Court has mandated that the Inquiry Commission actually provide factual information to support their findings of ethical violations. Ky. Bar Ass’n v. Blum (Ky., 2013) April 25, 2013 9. See SCR 3.190. This is not to be construed as an endorsement of the form of the Charge in this case. We do find [...]
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ATTORNEY SANCTIONED FOR USING OFFICE WESTLAW?Why didn?t he just subscribe to LawReader?[May 22nd, 2013]Finley v. Kentucky Bar Ass’n, 378 S.W.3d 313 (Ky., 2012) September 20, 2012 The Kentucky Bar Association (KBA) now charges that Finley violated SCR 3.1308.4(c) by using his official position for financial gain. SCR 3.1308.4(c) provides that It is professional misconduct for a lawyer to … engage in conduct involving dishonesty, fraud, deceit or misrepresentation. [...]
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WORKERS? COMPENSATION BOARD MEMBER VACANCY?APPLICATIONS BEING ACCEPTED[May 22nd, 2013]Kentucky Department of Workers’ Claims The Workers’ Compensation Nominating Commission is now accepting applications to fill an unexpired term on the Workers’ Compensation Board. This is a full-time position for a term expiring on January 4, 2016. The appointee shall not hold any other public office. An applicant for the Workers’ Compensation Board Member position [...]
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JUSTICE SCOTT AUTHORS IMPORTANT RULING ON HAIR COMPARISION EVIDENCE AND DAUBERT[May 22nd, 2013]Although SCOKY affirmed the scientific evidence of ?hair comparison? evidence which has been historically admissible in Kentucky, Justice Scott shot a warning volley over the bow of Daubert with a bit of a warning that the past may not always be the assurance for continuing admissibility - the state of scientifically accepted evidence is ever [...]
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KBA CONTINUES TO CLOSELY REVIEW COMPLAINTS AGAINST FEE BILLS OF INDIVIDUAL ATTORNEYS AND SMALL LAW FIRMS. WE CAN?T FIND EVIDENCE OF THE REVIEW OF BILLING PRACTICES OF INSURANCE DEFENSE LAWYERS BY KBA.[May 20th, 2013]Kentucky Bar Ass’n v. Greene, 386 S.W.3d 717 (Ky., 2012) November 21, 2012 As a result of the above conduct on March 16, 2009, Carneal and his current wife filed a bar complaint against Respondent pertaining to Respondent’s representation of him. On July 21, 2009, the Inquiry Commission filed a four-count charge against the Respondent [...]
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RIGHT OF INDIGENT TO HAVE APPOINTED COUNSEL IN CHILD CUSTODY CASES[May 19th, 2013]RIGHT OF INDIGENT TO HAVE APPOINTED COUNSEL IN CHILD CUSTODY CASES See: A.C. v. Cabinet for Health & Family Servs., 362 S.W.3d 361 (Ky. App., 2012) A.C. v. Cabinet for Health & Family Servs., 362 S.W.3d 361 (Ky. App., 2012) February 24, 2012 This is an appeal from the Kenton Family Court’s January 11, 2011 [...]
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LAWYERS CAN?T BE SUED FOR FRAUD UNDER OLD LEGAL DOCTRINE[May 18th, 2013]CONN. COURT HOLDS THAT LAWYERS CAN?T BE SUED FOR FRAUD UNDER OLD LEGAL DOCTRINE DAVE COLLINS , The Associated Press, MAY 17, 2013, 10:51 AM HARTFORD, Conn. – The state Supreme Court has ruled in an ex-NFL player’s case that Connecticut lawyers can’t be sued for fraud for their conduct in court cases because of [...]
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LEX. ATTN. BILL GARMER CONSIDERING U.S. SENATE CHALLENGE TO McCONNELL[May 18th, 2013]Bill Garmer a member of the KBA Board of Governors, and successful Lexington attorney is considering a challenge against Mitch McConnell in next years U.S. Senate race. Lexington Herald states: FRANKFORT ? Former Kentucky Democratic Party Chairman Bill Garmer said Friday he is considering running for the U.S. Senate next year if Secretary of State [...]
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OUR FAMILY WIZARD SOFTWARE for Family Law APPROVED BY CT. OF APPEALS[May 17th, 2013]On May 17, 2013 the Ky. Court of Appeals upheld a Family Court Order mandating that divorced parents subscribe to ?Our family Wizard? on line software to assist parents to avoid direct communication and to avoid many legal issues by providing a method of communication that time stamps entries and avoids a lot of ?he [...]
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LAWREADER MOVIE CRITIC DOUG MILBERN REVIEWS THE NEWEST VERSION OF ?THE GREAT GATSBY?[May 14th, 2013]GATSBY AT BAT MAY 15,2013 The best tales concern desire & that is what The Great Gatsby is about. Like any re-make, the scrutiny of The Great Gatsby for many will be in the context of the 2 previous versions & of course the landmark American novel which each are respectively based upon. And that [...]
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Divisibility of Disability Pension Later Reclassified as Ordinary Retirement Pension, Attorney?s Fees, Bailey v. Bailey, Case Digest, Ky Court of Appeals by Diana Skaggs and Associates[May 13th, 2013]——————————————————————————– Divisibility of Disability Pension Later Reclassified as Ordinary Retirement Pension, Attorney?s Fees, Bailey v. Bailey, Case Digest, Ky Court of Appeals by Diana Skaggs and Associates Buddy Lee Bailey v. Linda Beth Bailey, No. 2012-CA-000508-MR Published: Affirming County: Spencer Facts Husband filed for dissolution of the parties? thirty year marriage in 2004. During his [...]
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Justice Michelle M. Keller to be formally sworn in as a Supreme Court justice May 14 at the Capitol[May 10th, 2013]Justice Michelle M. Keller to be formally sworn in as a Supreme Court justice May 14 at the Capitol Ceremony is open to the public FRANKFORT, Ky., May 10, 2013 ? Justice Michelle M. Keller will be formally sworn in as a justice of the Supreme Court of Kentucky at an investiture ceremony Tuesday, May [...]
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U.S. DOJ: We don?t need warrants for e-mail, Facebook chats[May 9th, 2013]An FBI investigation manual updated last year, obtained by the ACLU, says it’s possible to warrantlessly obtain Americans’ e-mail “without running afoul” of the Fourth Amendment. by Declan McCullagh The U.S. Department of Justice and the FBI believe they don’t need a search warrant to review Americans’ e-mails, Facebook chats, Twitter direct messages, and other [...]
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[May 8th, 2013]
COMMENTS BY HON. MICHAEL DOWLING OF ASHLAND REGARDING WILLIAM GALLION DEFENSE IN FEN PHEN TRIAL – PART TWO In two federal trials for wire fraud the judges disagreed on the applicable law pertaining to a $200 million dollar settlement of a diet drug lawsuit. In the first trial the judge ruled it was a class [...]
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COURT DISCUSSES INHERENT CONFLICT OF INTEREST OF GAL..AND SUGGESTS COURT OR LEGISLATIVE REFORM[May 8th, 2013]Morgan v. Getter (Ky. App., 2013) February 22, 2013 In this case, the court stated on the record that it appointed the Guardian Ad Litem for the purpose of representing A.G. The court was authorized by FCRPP 6 to make the appointment. The GAL who was appointed is a licensed attorney and is, therefore, subject [...]
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FAMILY COURT RULING RE: PARTY CITES NO CASE REQUIRING FILING OF NEW ACTION IF PERMANANCY HAS BEEN ACHIEVED.[May 8th, 2013][U] Adams v. Cook (Ky. App., 2012) August 24, 2012 Finally, Adams asserts the trial court misapplied FCRPP 31 in the neglect action and should have treated the neglect action and the custody case as one. We have been cited no case interpreting FCRPP 31 which requires that “any new allegation or request for removal [...]
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IMPORTANT NEW RULING OF USE OF PARTIES PRIOR CRIMINAL RECORD KRE 608 KRE 609 AND KRE 404b[May 5th, 2013]Allen v. Commonwealth – Ky Sup. Ct., 2013 – March 21, 2013 2010-SC-000353-DG.PDF TO BE PUBLISHED JEFFERSON GABRIELLA SIMONE ALLEN V. COMMONWEALTH OF KENTUCKY OPINION OF THE COURT BY JUSTICE NOBLE ? REVERSING MINTON, C.J.; ABRAMSON, CUNNINGHAM, NOBLE, SCOTT AND VENTERS, JJ., SITTING. CUNNINGHAM, NOBLE, SCOTT AND VENTERS, JJ., CONCUR. MINTON, C.J.; CONCURS IN RESULT [...]
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