Solo Practice

New Site

Posted on October 14, 2009
Well, I finally got around to designing a new website.  This time I actually designed my own theme from the ground up using GIMP and Notepad.  Then I integrated the WordPress blogging platform into the html site.  (That was a pretty interesting experience...

Starting a Legal Research Firm

Posted on September 27, 2008
A few months ago I read an article about a legal research firm.  At the time, I had heard of law professors providing legal research and writing services to attorneys to supplement their income, but I had never heard of an actual firm dedicated solely to legal research...

KASPER Non-Disclosure Provisions of KRS 218A.202(6) Unconstitutional

Posted on June 20, 2008
The Cabinet for Health and Family Services petitioned for writs of prohibition and mandamus directing the Jefferson Circuit Court to vacate an order requiring the Cabinet to disclose KASPER records in violation of KRS 218A.202(6). The Kentucky Court of Appeals denied the Cabinet's petition, holding that the statute violated the separation of powers and was thus unconstitutional, but determined that the trial court must amend its order to add an additional procedural step...

June 19, 2008 Roundup

Posted on June 19, 2008
Bloggers criticize AP's effort to create news quoting guidelines Slaw.ca notes a Wisconsin Law Journal article about judges deciding cases on authority not cited by the parties Kristen K. Robbins-Tiscione explains what federal judges really think about the way lawyers write Carolyn Elefant introduces Lawagora, a marketplace of events for lawyers U...

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Fen-Phen Lawyer Says $170 Million Fee Would Have Been ?Legally Justified?

Posted on June 18, 2008
Attorney William Gallion testified in Covington, Kentucky yesterday that he and his co-defendants “were like an insurance company where the hurricane didn?t strike, so we got to keep the premium.”  In fact, Gallion calculated that he and his co-defendants would have been “legally justified” in taking as much as $170 million of the $200 [...

Joinder of Wrongful Death and Survival Actions: Distribution of Settlement Proceeds

Posted on June 18, 2008
The Court of Appeals briefly addressed the argument that, where a settlement is reached in an action joining a survival claim with a nonviable wrongful death claim, settlement proceeds should be distributed according to KRS 411.130 (governing wrongful death claims) since KRS 411...

Comparative Fault and Statutes of Limitations (HB 643)

Posted on June 18, 2008
Create a new section of KRS Chapter 411 to allow a plaintiff in a civil action in which comparative fault becomes an issue, the suit was initiated against the original defendant within the statute of limitations, the original defendant alleges that a third party caused or contributed to the plaintiff's injury, and the plaintiff would be barred by a statute of limitations from bringing a claim against that third party, to either amend the complaint pursuant to Rule 15 of the Kentucky Rules of Civil Procedure or institute a separate action alleging the third party's fault; establish that the new cause of action is not barred by any statute of limitations.

Welcome to GarrettWorley.com

Posted on June 08, 2008
Welcome to GarrettWorley.com, R. Garrett Worley III’s blog on Kentucky law and legal news. This site is still under construction and it will be a little while before it has regularly updated content.

Chase College of Law Professor Testifies in Fen-Phen Trial

Posted on June 05, 2008
Salmon P. Chase College of Law professor Edward Brewer III testified in federal court in Covington, Kentucky Tuesday and Wednesday in the ongoing Fen-Phen Trial.  Brewer testified that attorneys Shirley Cunningham, Jr., Melbourne Mills and William Gallion violated the Kentucky Rules of Civil Procedure and Kentucky Rules of Ethics by failing to notify their clients [...

Louisville-Based Humana Named Defendant in Class Action

Posted on June 05, 2008
According to CNNMoney.com, Humana reported this week that it has been named a defendant in a class action.  The class, comprising participants and beneficiaries of the Humana Retirement and Savings Plan and the Humana Puerto Rico Plan, filed suit in U...

Feature Test Post #3

Posted on June 01, 2008

Feature Test Post #2

Posted on June 01, 2008

$200 Million Fen-Phen Settlement Not Intended to Cover Future Claims

Posted on May 23, 2008
The Lexington Herald-Leader reports that lawyers Jack Vardaman and Elaine Madonick, who represented American Home Products in the Kentucky fen-phen class action, testified today that the $200 million settlement of that case was not intended to cover future claims against the manufacturer...

Features Test Post #1

Posted on May 23, 2008
This is features test post #1.

Where is Garrett Worley?

Posted on March 23, 2008
I’ve taken a break from blogging for a while and want to assure my readers (all six or seven of you) that I am well.  As most of you know, I’m in law school right now and…well, enough said, right?  Luckily, I had the opportunity to go down to the mountains and do some hiking [...

Lagging Economy Will Hurt Associate Salaries

Posted on March 04, 2008
Zack Needles, writing for the Legal Intelligencer, warns that the uncertain economy may hurt associate salaries in 2008. For associates at firms that base the size of year-end bonuses and annual pay raises largely on the amount of billable hours each attorney logs, lukewarm business this year could translate into an equally tepid payoff [...

Legal Technology Radio Announces e-Discovery Podcast Series

Posted on March 04, 2008
A press release on PRWeb announced today that National Legal Media, LLC will offer an e-discovery podcast series to be released on the first business day of every month.  The first podcast, FRCP 37(e) Safe Harbor: What You Need to Know to Protect Your Firm and Your Clients, was released yesterday and is available [...

Legal Offshoring on the Decline?

Posted on March 03, 2008
The India Business Blog mentioned a recent Forbes article on the decline of Indian outsourcing this morning. Apparently wages are rising in India, making it a less attractive destination for outsourcing. I’m not sure if this applies to legal offshoring as well, but it’s something to think about.

Free British and Irish Secondary Legal Materials

Posted on March 03, 2008
Slaw.ca reports that the British and Irish Legal Information Institute has now added a collection of secondary materials to its website, including books and journals.  The collection is available for free here.

Why Does Big Law Undervalue Blogs?

Posted on March 03, 2008
Ron Friedmann of Prism Legal notes that some Big Law bloggers are creating successful blawgs without the support of their firms.  Even while the most widely read blawgs are generating tens of thousands of page views a month, Big Law has not recognized blawgging as a lead generation technique.

P2P File-Sharing Programs a Security Risk

Posted on March 03, 2008
David Canton of eLegal warns that popular P2P file-sharing programs like Limewire pose a serious security risk.  While the media has focused on using P2P software to unlawfully download copyrighted material, Canton notes that an inherent security threat lurks in the background: namely, that P2P programs are configured to allow others to access the files [...

Law Firm Wikis

Posted on March 02, 2008
Doug Cornelius of KM Space talked with Lee Rosen of Rosen Law Firm about how law firms use wikis.  A wiki allows users to easily create, maintain and update web pages or pages on an intranet.  So far, Rosen Law Firm’s wiki has about 3,000 to 4,000 pages of content.

Jabra Introduces the BT8040 Bluetooth Headset

Posted on March 02, 2008
Jabra has introduced the BT8040, a new Bluetooth headset that is poised to “blow other Bluetooth headsets out of the water.”  The BT8040 supports A2DP for wireless music streaming, allows users to connect to two Bluetooth devices simultaneously and provides acoustic shock protection.

JD Supra Allows Lawyers to Share Legal Documents

Posted on March 02, 2008
Canadian law librarian Connie Crosby mentioned a useful site on her blog the other day.  JD Supra is an online community of sorts where lawyers can share filings, decisions, forms, articles and other legal documents.  User profiles make the site a networking opportunity as well.

Evidence Rule 502 Passed by Senate, Moves to House

Posted on March 02, 2008
The U.S. Senate unanimously approved proposed Evidence Rule 502 unamended.  The proposed rule deals with the waiver of attorney-client privilege and work product protection.  Sharon D. Nelson, writing on the electronic evidence blog Ride the Lightning, notes that there is no serious opposition to the rule in the House of Representatives.

Computers Vulnerable to Breach in Sleep Mode

Posted on March 01, 2008
Reid Trautz of the American Immigration Lawyers Association posted on the ABA Tech Show’s blog yesterday that computers left in “hibernation” or “sleep” mode are extremely vulnerable to confidentiality breaches.  Scary.

Federal Court to Make Information Available on Hand-Held Devices

Posted on March 01, 2008
The U.S. District Court for the Northern District of Illinois will be the first federal court to provide information on hand-held devices.  Law.com reports that the court’s website is being upgraded and hand-held access should begin in April.

New Lawyer Ratings Paradigm Creates Challenges for Law Firms

Posted on March 01, 2008
Law.com reports that “[c]ompanies such as Avvo.com now give clients, as well as lawyers, the power to publish opinions about lawyers easily, instantly and without cost, in a medium that reaches a global audience.”  This has not gone without criticism...

Open Source Software Ready for the Business World?

Posted on March 01, 2008
Open source software has played a major role in the advancement of technology in recent years.  In fact, GarrettWorley.com uses the open source blogging platform Wordpress.  The fact that open source doesn’t have companies standing behind them (at least in the traditional sense) has led many to question whether open source products like Linux are [...

Google Offers Website Creation Tool

Posted on March 01, 2008
Internet powerhouse Google has been creating and acquiring Web 2.0 assets for some time.  Now Google is offering a powerful, easy-to-use website creation tool that will enable anyone to create a website to share material with colleagues or classmates.

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