Bench & Bar May/June 2026

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7 DON’T FAIL TO KEEP YOUR ESCROW ACCOUNT SEPARATE FROM YOUR OPERATING ACCOUNT. The ethical rules make a clear distinction between client funds and your own funds. If the funds don’t rightfully belong to you, they go in your escrow account. If they are yours, remove them from the escrow account and enjoy them. You earned it! If you don’t understand what goes where, there are plenty of lawyers out there who are willing to answer your questions and guide you through what needs to be done. 8 DON’T FAIL TO ASK FOR ETHICAL ADVICE FROM THE HOTLINE WHEN YOU NEED IT. I was an ethics hotline member for 10 years. Too often, I had lawyers call me after they had taken action and wanted a letter to help. The ethics hotline can insulate you if you follow the hotline attorney’s advice. Once you take an action with out the hotline's written letter, though, you are at your own risk. Get those opinions early when there is any ethical question!

TREAT THE CLERKS LIKE THEY ARE THE JUDGE.

Every clerk in the Commonwealth deserves to be treated with respect. Yes, sometimes they get things wrong. Sometimes, the clerks don’t under stand the law. However, you, as an attorney, are human, and many times you don’t understand the law and get things wrong too. There’s no quicker way to get on the judge’s bad side than talking poorly to their clerk's office and secretary.

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DON’T TURN TO DRUGS AND ALCOHOL TO COPE WITH STRESS. The career of a lawyer is stressful for all of us, even those of us who pretend that it’s not. Find a way to cope with your stress that does not involve drugs or alcohol. As an aside, if you know any lawyer who is using drugs and alcohol to cope or has a substance abuse issue, you should involve KYLAP as soon as possible. All reports are confidential and are handled with care. You will be doing a friend a great service, not betraying them.

This list certainly isn’t comprehensive, but it represents some of the major pitfalls I’ve seen in my 30 plus year career. I have no doubt other attorneys could add to this list from their expe rience. However, if you avoid these top issues, I predict you will have a long, successful, and rewarding career as a lawyer.

ABOUT THE AUTHOR ROBERT STEPHEN MCGINNIS , from Greenup, Ky., attended Centre College, graduating in 1991 with a double major in political philosophy and history. He graduated from law school at the Univer sity of Kentucky in 1994. He is licensed to practice in Kentucky, Ohio, and West Vir ginia. He’s admitted to the Federal Courts in Eastern District of Kentucky, Southern District of West Virginia, 6 th Circuit Court and 4 th Circuit Court. McGinnis served as a member of the Kentucky Bar Asso ciation’s Ethics Hotline Committee and Ethics Committee for 10 years. He also served on the Kentucky Bar Foundation for four years. His areas of practice, after 30 years, are numerous but today include personal injury work (both plaintiff and defense), domestic relations, appellant work, municipal law, administrative law, and general civil litigation.

ROBERT STEPHEN MCGINNIS A VERY SPECIAL THANK YOU TO FOR SERVING AS THE KBA'S CLE COMMISSION CHAIR DURING THE 2025 2026 EDUCATION YEAR.

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