Bench & Bar January/February 2026

FEATURE: SENIOR LAWYER ADVICE

ENDNOTES 1 Any good Kentucky Bench & Bar article must have footnotes. This is our first. Peo ple v. Williams , 132 Cal. App. 3d 920, 928 (Cal. Ct. App. 1982) (Gardner, J., concur ring) (emphasis added). 2 Ha! Another footnote. See KY Rules of the Supreme Court (SCR) 3.130, Rule 1.5. 3 We’re rolling now. “Snake in the Grass” is a metaphor for treachery that was first used around 37 B.C. by the Roman poet Virgil in Eclogues. 4 “Weekend Update: Girl You Wish You Hadn’t Started a Conversation with on Christmas”, Saturday Night Live: Week end Update Thursday , Season 3 episode 2 (NBC, Sept. 27, 2012) https://www.you tube.com/watch?v=RGsQES_OdrQ (last visited Nov. 17, 2025). the rake build up a big balance. Fifth, be prepared to withdraw if you are not getting paid. This advice does not mean that every client who scrutinizes billing or work product is, in fact, a rake. Years ago, we had a won derful client who paid massive amounts of fees and kept a large number of lawyers very busy for several years. He paid on time, and he paid our stated hourly rates. However, he would review each monthly billing to ensure he was getting the advice for which he paid. To that end, he had a rule to not spend time reviewing drafts wherein law yers spent his money changing “beautifuls” to “lovelies.” A client that wants to make sure you under stand the scope of the work they demand is not a rake. They are simply a damn good client.

THE SNAKE The snake 3 is as interested in a lawyer’s malpractice insurance coverage as they are in the lawyer’s advice. The snake is a bit harder to spot but will unleash a law suit or bar claim on a lawyer at the drop of a hat. When a new client comes to your door, there is nothing wrong with doing a back ground check. This advice is especially true with a person who had previously used another lawyer. In these instances, it is reasonable to ask – Why did that relationship end? Did the snake sue for malpractice or file a bar complaint? Was it justified? Do they have a reputation for suing lawyers? Nevertheless, being careful with client intake is not an all-encompass ing solution. Once the attorney-client relationship is established, communication is another key defense to a snake. We once worked

with a lawyer who maintained an “asbestos” file. In the file he kept all the communication he had with the client, so that he could document his recom mendations and the client’s agreement to those strategies. These file folders were lined with dated “sticky notes” that he made contemporaneously to phone calls with the client. The two parts of this lawyer’s plan are equally important – frequent communication and docu mentation of those communications. This due diligence can also be done via the billing process. A time entry simply stating “meeting with client” will have little value defending a lawsuit filed against you by a snake; however, a detailed time entry stating what was discussed in that meeting could be worth gold if faced with such a lawsuit. Even a snake has a hard time suing over a strategy they approved.

CONCLUSION The practice of law remains a business based upon obtaining fees from clients. Success in the profession is as much about client selection as it is about case selection. In your career, you likely will encounter unavoidable challenges, over which you have little control. However, flakes, rakes and snakes, are problems that can and should be avoided. They are the equiv alent of the “the girl you wish you hadn’t started a conversation with at a party.” 4 Avoiding them upfront is totally in your control.

ABOUT THE AUTHORS JOHN C. "JACK" GREINER is an attorney with Faruki PLL and is the area's leading authority on media law and First Amendment matters. He has represented clients in public records disputes, access to courts, open meeting cases and a variety of defamation cases. Jack is also an experienced commercial litigator, handling contract disputes for clients in state and federal courts in Ohio and elsewhere.

RICK ROBINSON is a solo practitioner in Northern Kentucky and is the author of 13 award winning books. His latest book—1968 - a primer for understanding baby boomers —is currently being made into a feature documentary. Rick also plays electric mandolin in an Irish punk rock band. When he is not talking, writing or singing, he can be found knee deep in a cold river silently pestering trout.

12 january/february 2026