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Barbriefs
Louisville Bar Association August 2021
Law Schools & Young Lawyers
CONTENTS
FEATURES
VOLUME 21, NO. 08
Editorial Offices:
10
600 W. Main Street, Ste. 110 Guest Editorial:
Louisville, KY 40202-4917 One Tax Lawyer’s Thoughts on the Trump Organization Indictments
Phone: (502) 583-5314 • Fax: (502) 583-4113
admin@loubar.org • www.loubar.org Prosecutors appear to have a strong case for tax evasion amidst an ongoing investigation that may result in
additional criminal charges.
Shannon Greer Kimberly E. Kasey By James A. Nitsche
Managing Editor Graphic Designer
Editorial Board
Bruce A. Brightwell, chair Anne K. Guillory
Bonita K. Black
Courtney L. Baird
Lindsy Lopez
Kristin E. McCall
15
Dorothy J. Chambers Charles E. Ricketts Jr. Five Lessons Young Lawyers Can Learn from Tom Girardi of
Erin Brockovich and The Real Housewives of Bravo Fame
Takeaways from the missteps that caused a famous lawyer to become infamous.
Louisville Bar Association Board of Directors By CJ Donald
Deena G. Ombres — President
Seth A. Gladstein — President-Elect
Kate Lacy Crosby — Vice President & Treasurer
Bryan R. Armstrong — Secretary
Peter H. Wayne IV — Past President
16
If I Knew Then What I Know Now
M. Beth Anderson Caroline G. Meena Veteran attorneys share words of wisdom with law students and young lawyers.
Colleen English Balderson Anuj G. Rastogi
Bonita K. Black Hon. Shelley M. Santry
Thomas C. Gleason Aleah Schutze
Jennifer Ward Kleier Thomas B. Simms
Hon. Angela McCormick Bisig — Jefferson Circuit Court
Colin Crawford — Dean, U of L School of Law
Amy D. Cubbage — KBA Vice President
Departments Events
Kate A. Dunnington — Women Lawyers Association
Maria A. Fernandez — ABA House of Delegates 6 Public Service 5 Meeting Schedules
Hon. Lori Goodwin — Jefferson Family Court Back to School
Ashlea Nicole Hellmann — Young Lawyers Section 5 Lawlapalooza
Demetrius Holloway — National Bar Association
Theresa Men — UofL School of Law 8 Legal Aid Society
Michael J. O’Connell — Jefferson County Attorney The Cost of Insulation: A Call for Engagement in a Field of 11 AAML/LBA Family Law Seminar
Susan D. Phillips — KBA Board of Governors
Abstraction
John E. Selent — LBF President
Leo G. Smith — Louisville Metro Public Defender By Andrew Chandler 17 LBA Night at Rabbit Hole Distillery
J. Tanner Watkins — KBA Board of Governors
Hon. Erica Lee Williams — Jefferson District Court 19 Bridging the Divide:
Thomas B. Wine — Jefferson County Commonwealth’s Attorney
“The Great Dissenter: John Marshall Harlan”
Kent Wicker — Counsel
James B. Martin Jr. — Tax Counsel
In this issue 20 LBA Back 2 Lynn Family Stadium
D. Scott Furkin — Executive Director
4 Circuit Court’s Newest Addition: Judge Eric Haner
By Chief Judge Angela McCormick Bisig
Louisville Bar Foundation Board of Directors
John E. Selent — President
Philip C. Eschels — President-Elect 5 Court News
Gretchen C. Avery — Vice President & Treasurer
Charles H. Stopher — Secretary 9 Central High Partnership to Mark Anniversary
Angela McCorkle Buckler — Past President
Deena G. Ombres — LBA President 9 2021 Summer Law Institute Wrap Up
Seth A. Gladstein — LBA President-Elect
Peter H. Wayne IV — LBA Past President
18 Classifieds
Kelly White Bryant Samuel E. Jones
19 Members on the Move
Check out our Amazon wishlist!
Kevin C. Burke Sara Veeneman Judd
J. Christopher Coffman Benjamin J. Lewis Details on page 6.
Nicole T. Cook Jessica R.C. Malloy
Colin Crawford Loren T. Prizant
Cynthia B. Doll John O. Sheller
Gregory T. Dutton
Ingrid V. Geiser
Hon. Angela Johnson
Virginia H. Snell
Joseph C. Ventura Law Schools in the Bluegrass
This issue highlights the state’s three law schools at the University of Louisville,
Samuel G. Graber — Tax Counsel University of Kentucky and Northern Kentucky University.
Jeffrey A. Been — Executive Director
BAR BRIEFS is a monthly paper published by the Louisville Bar
Association. The LBA does not necessarily share or endorse any
particular views expressed in this paper by contributors thereto.
The views are those of thoughtful contributors. Advertising does
not imply endorsement by the LBA of products or services or any
statements made concerning them.
The mission of the Louisville Bar Association is to promote justice,
professional excellence and respect for the law, improve public pg. 12-14
understanding of the legal system, facilitate access to legal services
and serve the members of the association.
2 Louisville Bar Briefs www.loubar.org
PRESIDENT’S PAGE
Game, Set, Match
Four or so years ago I took up tennis again. I had played recreationally in college, mostly with Teamwork
my college roommate and boyfriend, who both had played on their high school tennis teams. We’ve all heard the adage “teamwork makes the
The tennis courts were close to my dorm at the time (for any UK grads out there who lived at dream work.” Corny as it sounds, it’s true. In
the now demolished Kirwan-Blanding complex, you know how close that was) and frankly, it doubles, I rely on my partner to know where I’m
was free entertainment for cash-strapped college kids. positioned on the court, to communicate with me if
I need to move to a different place in relation to the
Fast forward several years and I decided to take up the sport once again. It started with a few
ball behind me, and to react to certain shots that I
fast feeds where the tennis pro essentially serves up balls to a group of players for an hour and
have set up for them (see “Strategy” above). When
a half. This evolved into a few lessons because my technique was definitely lacking and then
a doubles team plays in sync, it’s a joy and a lot of
joining a team that the pro was coaching. Now I’m on several different local league teams and
fun to watch. Try and catch some of the doubles
playing tennis at least three times a week, sometimes more. It’s great exercise for both the body
matches from Wimbledon if you can, especially the
and mind. I have also been fortunate enough to have met some lovely people through the sport
mixed doubles matches, and you’ll see what I mean.
and have several new lifelong friends as a result.
In the courtroom, I have seen teams of both civil
As I was watching Wimbledon last month, I was also thinking about how tennis lessons can apply
and criminal trial lawyers function like a well-oiled
in other life contexts. As you have seen in some of my other President’s articles, I’m intrigued
“
machine, working together to present the evidence
by how so many things seem so distinctly different on the surface yet somehow manage to have
to the jury in ways that made re-
such an inter-related impact upon one another.
ally difficult concepts and facts
Strategy much easier to understand. These Remaining focused and alert on almost
Tennis is very much a thinking game and there are studies that show that it improves mental attorneys knew where their team-
mate was in the court and was
any task or project generally ensures a
acuity. When I started playing again, I had no idea how strategic the game of tennis could be,
both in singles and doubles play. Having a plan on how to play against your opponent is crucial prepared to respond accordingly better outcome. How else can we accomplish
to how the match will turn out. While you might think that only the professionals are taking to a particular opposing shot with our goals, whether they are personal,
notes on the players they are likely to find across the net in a tournament, we do the same thing an exhibit or applicable case law
in local league play. without skipping a beat. Those tri- academic or professional?
als were a pleasure to watch and I
But isn’t this the same thing in the practice of law? Don’t we size up opposing counsel, scope learned a lot from watching those
them out on the internet, talk to other lawyers who may have had cases with or against them attorneys in action. Teamwork definitely makes any job easier, knowing that your partner has
and pull any published cases or verdicts they may have had? We want to know what strategies your back and is there when you need them to help.
they have used in the past because it will be a good indicator of what they will do in your case.
And from there, don’t we create our game plan for our own case? Who do we depose and when? Play to Your Strengths
What documents will we need and from where? What experts will we use? All leading up to Not everyone is good at everything and that’s okay. Everyone has specific strengths, and those
creating the strongest possible position for either settlement negotiations or trial. strengths can change as we gain more experience. When I started playing tennis, I avoided the
net at all costs. It was definitely not my strength, and my preference was to stay back by the
Strategy is key, but we cannot be held captive to a set plan from which we don’t deviate. Good
baseline because that was where I was more confident and better. But the more I played, the
strategists understand that you often must change your original plan and adapt to new facts or
more I understood that points in doubles tennis are generally won at the net and that’s where
circumstances. When the opponent starts to throw lobs over your head, maybe you should
the action is, so to speak. With considerable practice and match play experience, my net game
move back a bit so you can better return them. By the way, a good response to a lob can also
has improved, and I’d even go so far to say that it’s a strength. Now I’d rather play the net than
be to just throw another lob, they don’t all have to be overhead slams.
the baseline.
Keep Your Eye on the Ball Play to your strengths, but also take the time to improve where maybe you don’t feel quite as
This rule applies in almost every sport that involves a ball. Keeping your eye on the ball bet- confident. You’ll get more playing time and you’ll have more fun. Learning to attack the net was
ter enables you to make contact with it at the right time, whether you are serving, returning a scary at first and I had quite a lot of fail moments, including being hit by balls, but I believe I’m
rally ball or sending a wicked little slice drop shot over the net. Take your eye off the ball and a better player for taking that time to improve and gain another strength.
it doesn’t go nearly as well as you’d have liked. In fact, you may just completely miss hitting the
tennis ball, a not-so-uncommon occurrence for me when I’m not watching it. I Googled the Sportsmanship
phrase “keep your eye on the ball” and about 20 YouTube videos quickly popped up, mostly This one should go without saying, but I have seen a fair amount of unsportsmanlike conduct
involving baseball, that emphasize the need to keep your eye on the ball if you want to hit it well. on and off the court. I played with a partner would throw his racquet whenever he missed a
shot. It rattled me for the next several points and made the rest of the match uncomfortable.
This is an idiom that applies to most endeavors we pursue throughout life. Remaining focused
I’ve also played against people who would call the ball out when it was on the line or clearly in,
and alert on almost any task or project generally ensures a better outcome. How else can we
simply because they didn’t want to lose. I choose to give the benefit of the doubt to the opponent
accomplish our goals, whether they are personal, academic or professional?
on those too-close-to-call shots because I think that’s the better approach not just in tennis but
Follow-through generally in life. I also have seen that when you give the benefit to the other person, that same
When I started playing again, a tennis pro told me that my ground stroke swing was terrible. benefit is given to you when the time comes.
Despite that inauspicious beginning, I quickly came to understand what José meant and why. If things aren’t going well, and many times they won’t, just remember not to take it out on the
My swing stopped too early and had no follow-through, so the ball didn’t go where I wanted racquet. It didn’t hit the bad shot and doesn’t deserve the abuse. Learn to call the lines correctly
it or with the speed and top spin it needed to have. The same holds true for the golfers out and be gracious about those calls. And don’t forget to genuinely congratulate your opponent on
there—simple physics tells you that the proper follow-through increases the velocity or pace their good shots or their ultimate win, even if your loss really stings. It costs you nothing and
of the ball, whether it’s made of yellow felt or is small, white and dimpled. creates a positive energy that makes playing a lot more fun.
The same holds true in the legal profession, and frankly, any profession or endeavor that we The U.S. Open Tennis Tournament starts at the end of this month and it should be a good one.
decide to undertake. If you stop your forward momentum, everything stops, and you end up Check it out if you can and maybe I’ll see you on the tennis court soon!
going nowhere and nothing is finished. Having a case that has lost its forward momentum and
languishing on the docket usually results in an order from the court telling us to get it in gear.
In the healthcare field, we follow through on the treatment plans that our healthcare provider
has created because stopping that course of treatment can often result in a relapse or a failure Sincerely,
to improve our well-being. That Italian cream cake isn’t the delicious creation I know it will be if
I don’t follow-through with actually baking it after mixing all of the ingredients. Follow-through
gets us where we want to be.
Deena G. Ombres
LBA President
www.loubar.org August 2021 3
The Law Library Is Open.
Circuit Court’s Newest Addition
Twice. Judge Eric Haner
Kurt X. Metzmeier
Chief Judge Angela McCormick Bisig
University of Louisville Law Library
The University of Louisville Law Library is pleased to
invite the bench and bar back after more than a year of As of July 12 there was a new face on the bench in
being only open to students, faculty and staff! Jefferson Circuit Court. Judge Eric Haner joins us
after an appointment to fill the seat of recently retired
Subject to the quick COVID changes we’ve grown ac- Judge Barry Willett. Last year I wrote a series of
customed to, we are planning to be open 8:00 a.m.–6:00 columns for Bar Briefs about each of my colleagues
p.m., Monday–Friday and 9:00 a.m.–6:00 p.m. on on the bench, so I thought it appropriate to fill you
Saturdays starting this month! in with some information about our newest member.
Unvaccinated visitors will be asked to wear masks and Judge Haner comes to his position with eight years
appropriately distance themselves from other patrons. of experience as a district court judge. He was ap-
While the Cardinal community is more than ready to em- pointed to that position in 2013 by Governor Steve
brace the new-normal, it is always good to check ahead Beshear and was re-elected to the same seat in 2014
at our website, (http://louisville.edu/law/library), to see and 2018. During his tenure in Jefferson District
if the coronavirus has thrown a twist into our plans. Court, Judge Haner presided over a drug court
As a law librarian, I’ve sorely missed seeing lawyers docket since 2015. He also served as a member of
around the library and although we’ve worked might- the district court education committee and on the Ju-
ily to assist bar-patrons remotely, some things can’t be venile Justice Advisory Board. He served significant
replicated with Zoom meetings and e-mails of scanned time in probate court and also served on a National
documents. Center for State Courts’ Steering Committee for
district court reorganization.
As the primary local archive of old KRS and pre-KRS
codes, Kentucky Acts, House and Senate Journals, and I first met Judge Haner as a long-time friend of my
Kentucky administrative materials, we realize it has been neighbors. He is quick witted and fun to be around.
difficult to research the history of Kentucky statutes and He strikes me as very organized. His desk and bench
are always very tidy. In his time away from the Jefferson District Judge Anne Haynie (back to camera)
regulations without accessing the UofL Law Library’s administered the oath of office to Judge Haner as he
collection of state law. The cobwebs have been dusted bench he loves to travel and has an adorable pug. takes his seat in Jefferson Circuit Court.
away and the legendary “Attic” is open for business! He hails from a large family (youngest of six) and
shows the ability to get along with everyone. Fun
The University of Louisville will be opening to students fact: Judge Haner was a diver when he was young. He loves as a judge. His answer is the ability to interact and hopefully
this month and that might also cause disruptions. But his Louisville community but also adores international travel, have an impact with people from all walks of life, whether they
that’s good news to us! More than ever, students are yoga and snowboarding. are litigants, attorneys, court personnel or anyone else that has
why we are here. As always, it’s good to check the UofL court business. He especially appreciates this as he conducts
parking page before heading out (https://louisville.edu/ Prior to joining the judiciary, Judge Haner received his B.A. his drug court docket. He enjoys being a part of helping those
parking/visitors/visitor-information-centers). Unfortu- from Villanova in Pennsylvania and his J.D. from the Univer- with addiction to find a better way.
nately, parking is the one area where the new-normal is sity of Louisville Brandeis School of Law in 1994. He began
his law practice with the firm of Hargadon, Lenihan & Her- He says it is more difficult to answer what he likes least because
just as bad as the old one.
rington in 1995. There he worked in general civil litigation. there is very little he dislikes about being a judge. He empha-
Jefferson County Public Law Library His practice included personal injury, medical and legal mal- sizes he loves what he does. He enjoyed his years in district
The opening of the UofL Law Library follows that of the practice, worker’s compensation, disability law and probate court and is looking forward to expanding his experience in
Jefferson County Public Law Library (JCPLL) in the Old cases. He became partner at the firm in 1998 and served in circuit court. The thing he likes the least is witnessing non-
Jail Building (514 W. Liberty St.). They have been back that capacity until 2008. collegiality from the bench. Judges make decisions on facts and
to regular business hours, 8:30 a.m.–4:30 p.m., M–F the law. Witnessing parties disrespecting each other is never
since spring, while still following protocols to sanitize Judge Haner began the Haner Law Office in 2008. He tried helpful to a judge when they are trying to make a decision.
computer workstations and copiers after use. They are cases around the state and argued before both the Kentucky
and Indiana Courts of Appeals. He is both an LBA Fellow We welcome Judge Haner to the circuit
a great downtown resource and a cool, quiet place right
and a “Hero for Justice” for the Legal Aid Society. Close to bench. All of my colleagues and I look
across from the courthouse. (They also rent conference
my own Francophile heart, he is a past member of the Board forward to working with him in his new
rooms if you want to have a meeting that doesn’t include
of Directors of Alliance Française of Louisville. He also has position.
a mute button or cat filters). I’d encourage everyone to
check out the revamped website (http://www.jcpll.net) served on the Louisville Theatrical Association board and the
board of the Americana Community Center. Chief Judge Angela McCormick Bisig pre-
and maybe join as a member. n sides in Division 10 of Jefferson Circuit
I asked Judge Haner what he likes most and least about serving Court. n
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4 Louisville Bar Briefs www.loubar.org
MEETING SCHEDULES COURT NEWS
Louisville Association of Paralegals New Chief Court Administrator
Check out upcoming educational programs and special events on the Louisville Association of Kelsey Doren, District Court Administrator since February 2020, has
Paralegals website at www.loupara.org. The LAP offers joint membership with the Louisville been named Chief Court Administrator following the retirement of Carla
Bar Association for voting members and joint LAP/LBA members may attend most LBA CLE Kreitman on August 1. She previously served as a staff attorney for the
programs at the discounted rate of $15. To learn more about the benefits of LAP membership, Kentucky Court of Justice and as an Assistant Public Advocate with the
visit www.loupara.org. n Kentucky Department of Public Advocacy.
Association of Legal Administrators Doren, a graduate of the LBA’s Leadership Academy, received her J.D.
from the Elon University School of Law in Greensboro, North Carolina.
The Kentucky Chapter of the Association of Legal Administrators invites you to join its August
meeting via Zoom on Thursday, August 12 from 11:45 a.m. – 1 p.m. This month we will hear from David Cutt will succeed Doren as District Court Administrator. A former Marine and gradu-
Susan Pittman, HR Advisory Leader with Mountjoy Chilton Medley. The topic this month is: ate of the University of Louisville Brandeis School of Law, Cutt previously worked as a public
Navigating Workforce Uncertainties as We Re-emerge. Doubling down on your people strategy. defender and in private practice. n
Current research tells us that in 2021 and into 2022 we can expect up to a 20% turnover of the
workforce, some are even calling it “The Great Resignation.” Even those highly engaged people
who have stayed with us are tired, emotionally exhausted and will work hard to find some sense
of control over their lives since they have had so little control and now, they have options. This
is already playing out and the jobs numbers make a compelling case. People are waiting for just
a bit more stability and then they will be ready to leave; the majority may already be looking.
As we continue to re-emerge, now is the time to double-down on your people strategy.
If you would like to join us for this FREE timely presentation, please e-mail us at
KYALAchapter@gmail.com. We look forward to meeting you in August! n
Women Lawyers Association
Women Lawyers Association will host its August meeting on Thursday, August 12 at noon.
Location TBD. Kentucky Senate Democratic Floor Leader Morgan McGarvey will reveal his
secret behind legislative policymaking in Frankfort and how successful advocacy uses the
same techniques. Sen. McGarvey will also discuss how Frankfort and the entire state views
Louisville. Upon taking office as the Senate Democratic Floor Leader in 2019, Sen. McGarvey
became one of the nation’s youngest members across state legislatures to serve as party floor
leader. His Democratic colleagues in the Senate reelected him to the position once again in
2021. He is also the first floor leader from Louisville since David Karem was in leadership.
Senator McGarvey is an attorney for Morgan Pottinger McGarvey. Please send your RSVP to
womenlawyersassociation@gmail.com. n
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www.loubar.org August 2021 7
LEGAL AID
The Cost of Insulation: A Call for Engagement in a Field of Abstraction
Andrew Chandler
Housing is too fundamental a human need, too central to unacceptable pre-pandemic status quo. Now that the hor- stark contrast to the dearth of reliable heating, a basic housing
children’s health and development, too important to expand- rors of our systemic inadequacies have been shown to us in necessity. That bare reality shook my consciousness in a way
ing economic opportunities and stabilizing communities to a visceral, unmistakable way over the last year and a half, that no amount of intricately choreographed film portrayal or
be treated simply as a business, a crude investment vehicle, we must seize the potential for change via community-wide poetic-justice-laden writing ever could. It stood as an invitation
something that just “cashes out”. . . Establishing the basic engagement in our profession. to a world that was both apart from and inextricably linked to
right to housing in America could be realized in any number my own, a place where the conditions beyond the hedgerows
Poet and musician Gil Scott-Heron once expounded on the
of ways—and probably should be . . . If our cities and towns of my suburban reality were no longer hidden from view, and
meaning of his seminal testament, “The Revolution Will Not
are rich in diversity—with unique textures and styles, gifts and where a gut-entrenched, moral imperative for action began.
Be Televised” (if you haven’t listened to it, pause your reading
problems—so too must be our solutions. Whatever way out
and stream that song right away—seriously). When an inter- That same invitation now exists for you, the reader,
of this mess, one thing is certain. This degree of inequality, this
viewer asked what he meant, Scott-Heron stated with clarity: as a member of Louisville’s legal community, to allow
withdrawal of opportunity, this cold denial of basic needs, this
yourself the chance to see something that will not— and
endorsement of pointless suffering—by no American value is The first change that takes place is in your mind. You
furthermore, cannot— be adequately captured on film.
this situation justified. No moral code or ethical principle, no have to change your mind before you change the way you
And beyond simply witnessing these inequities, you will
piece of scripture or holy teaching, can be summoned to defend live and the way you move . . . The thing that’s going to
genuinely be empowered to do something about them.
what we have allowed our country to become. change people is something that no one will ever be able
The Legal Aid Society is launching a Volunteer Eviction
to capture on film. It’ll just be something that you see and
–Matthew Desmond, Evicted: Poverty and Profit in the Defense Program, fit with comprehensive training for
all of the sudden you realize, “I’m on the wrong page,” or
American City 311-13 (2016) those who enlist.
“I’m on the right page but I’m on the wrong note. And I’ve
That’s not the pandemic talking. Renters across our nation got to get in sync with everyone else to understand what’s So much of our legal education, at least in my valuation as a
were experiencing destitute living conditions amid ever- happening in this country.” current student, conditions us to reduce material legal issues
“
looming threats of eviction long before the first trace of containing a genuine human cost into seemingly even-handed,
COVID-19 landed in the United States. But as the pandemic nebulous abstractions. Take, for example, the neutrally framed
crept into every home and living-room-turned-office in our tension between a tenant’s human right to shelter and a land-
nation, the searing pains of that stagnant reality finally be- lord’s claim to deprive them of that home based on terms like
came a matter of absolute moral urgency for the rest of us. Renters across our nation were experiencing “investment-backed expectations” and “right to exclude.”
The utter precarity of one’s own housing situation became a
naked reality for all to behold as once-secured jobs quickly destitute living conditions amid ever-looming My decision to commit my career to working at a service-
minded organization like Legal Aid can be traced far more
evaporated and unemployment systems treaded through a threats of eviction long before the first trace of closely to that cold November morning in 2014 than any
hair-raising tidal wave of need.
COVID-19 landed in the United States. doctrine or rule drilled into me during law school. Even the
Yet, this jarring discomfort was already familiar to many. For crux of written authorities that I sought out on my own accord,
low-income people who rent the roof above their heads and such as Desmond’s work cited above, would perhaps have
know the cold sweat prompted by the knock of the sheriff never penetrated past the realm of conceptually progressive
serving an eviction notice, it must have felt alienating to hear The first time I heard that passage, it resonated on a deep, thought-experiments were it not for that experience.
a constant slurry of words like “unprecedented” coming from a personal level. I grew up in a comprehensively insulated en-
That type of primary account, an unmistakably immediate
public describing what they claimed to be totally novel, never- vironment. My parents had never experienced job loss. They
scroll of footage, pushed me to strive for action beyond mere
before-seen economic conditions. had never received an eviction or foreclosure notice. They
sentiment. Such an experience demands that the viewer re-
had never even missed an LG&E payment. Our household
Poor, transient housing situations—masterfully documented sist the all-too-common sensation of relegating the needs of
enjoyed a consummate level of stability and economic comfort
by Matthew Desmond in the work cited above—had become the marginalized into something that exists out there, in the
that I feel utterly privileged to this day to have experienced. I
a feature of our most vulnerable citizens’ lives long ago. For abstract, beyond our reach and power to provide, where it is
understood that poverty and material hardship existed, but
them, the only new features were the facemasks and the now- merely the job of somebody else.
only in the abstract, located in some untraceable place felt
fading oasis of temporary public assistance.
by invisible people. And that naïve perspective on the matter An attorney at Legal Aid once told me, “The arc of the world
According to the Princeton Eviction Lab, in 2016, 5,094 homes was allowed to live within me because I had never engaged doesn’t just automatically bend toward justice. People actually
in Jefferson County—occupied by families, children, elderly, with it myself. have to do small and big things to bend the arc that way.” The
or, put plainly, our neighbors in need of a place to live—ex- moral imperative exists for the legal community, a critical
It wasn’t until I was 17 years old that realized I was on the
perienced an eviction. That’s nearly fourteen set-outs per day. mass of policymakers, advocates and benefactors, to ensure
wrong page. My high school ethics teacher, Mr. Kresse, saw to
The current numbers for 2021 are still mounting. that the arc continue to bend towards more equitable systems
it that I bear witness to another reality that exists in our city.
for all, particularly for those who have not previously had the
But this is not a necessary condition. Putting aside the struc- He enlisted me (without asking) as a senior student leader for
means to be seen or heard. It’s up to us all to prevent our courts
tural, poverty-generating issues that propel an eviction notice our school’s Project Warm team, a volunteer program focused
from becoming a place where human rights are categorically
to a tenant’s front door, the impact of a Legal Aid or volunteer on winterizing the homes of low-income, disabled and elderly
subordinated to private property interests.
attorney in preserving the home at that point of crisis cannot residents. This seemed like a vexing decision for him to make
be understated. Research from a comparative study out of at the time, as I hadn’t previously shown any interest in lead- As our nation’s newly-reinforced safety net experiences the
Minnesota shows that “[u]nrepresented tenants are between ership and, shamefully, had zero public service hours to my stress test of an expired eviction moratorium and ever-deplet-
four and five times more likely than fully represented tenants name. But on a bleary-eyed Saturday morning in November, ing relief funds, it remains the province of the legal community
to face the worst possible outcome of an eviction case: The I showed up to the school parking lot at the crack of dawn, to ensure that the fundamental ropes of justice remain intact.
abrupt, forced departure from their homes by sheriff deputies.” watched a quick demonstration on how to use caulk and Those ropes exist now. And they are within our reach. All
other insulation materials, picked up a Home Depot bucket that remains to be provided are the hands and hearts of those
Louisville Metro Council’s recent passage of a right to counsel
of supplies, and gathered three underclassmen to set out for willing to brace them, lest we share a collective responsibility
ordinance for low-income families facing eviction represents
the homes assigned to us that morning. for a fall that could break the backs of thousands of our city’s
one structural change that, although prompted by the sheer
most vulnerable households.
magnitude of the pandemic’s effects on housing stability, will Each home we visited that day greeted us—a cadre of Saint
extend beyond the narrowing window of nationwide emer- X students with the first glimpses of juvenile beard stubble
gency. However, new challenges persist as those cases land emerging from our pale, sheltered faces—with transcendent
their way in court. hospitality as we started preparing our fellow Louisvillians’ Andrew Chandler currently works as a
Research Fellow at the Legal Aid Society.
homes for the harsh winter to come. The families offered what
While the housing attorneys at Legal Aid continue to march He is also a rising 3L at the University of
they could: coffee, work gloves, brief glimpses of Saturday Louisville Brandeis School of Law, where
onward in ever-stalwart fashion, we appeal to Louisville’s
morning cartoons on a small television set. The unhesitating, he remains open to correspondence at
private legal community to join arms against the return of an
warm generosity of the residents that we encountered stood in andrew.chandler.1@louisville.edu. n
8 Louisville Bar Briefs www.loubar.org
Central High Partnership to Mark
2021 Summer Law Institute Wrap Up
Anniversary The annual Summer Law Institute (SLI), sponsored by the Louisville Bar Association and Bellarmine Uni-
Fall 2021 marks the 20th anniversary of the partnership between Central versity and generously funded by the Louisville Bar Foundation, was held on June 1–4.
High School’s Law & Government magnet program and the Brandeis School The SLI is typically a 7-day residential program; however, due to COVID an abbreviated program was held
of Law. A celebration of the success of the partnership—at a date and time virtually via Zoom. The program is open to high school students interested in the law and legal careers.
to be determined—will include a sharing of stories of the 12 CHS graduates Students were required to submit an application with recommendations and
who since 2001 have completed law school as well as 3 more who are 3Ls a personal statement. The 2021 class was made up of 19 students from public
this academic year. The partnership built on the existing support the LBA has and private schools in Jefferson County as well as students from Daviess and
provided to the CHS magnet program for many years through its summer Nelson counties. Additionally, due to this year’s virtual programming, we were
internships and Summer Law Institute. able to accept students from Oklahoma and New Jersey.
Law Students Lead Virtual Classes During the week, participants met with members from the Bellarmine Mock
Like all schools in Louisville, CHS faced the challenges of distance learning Trial team each morning to practice trial skills and in the afternoon partici-
during the 2020-21 academic year. But working with Joe Gutmann, instruc- pated in discussion with local attorneys and judges. Topics covered included
tor and leader of the Law & Government magnet, a team of 24 Brandeis practice in both the private and public sector, overview of district, circuit and
nry
Carly He
law students recorded and taught via Zoom Street Law, Writing Skills and federal courts, handling cases for Black Lives Matter protesters and more.
Marshall Brennan Civil Liberties classes to CHS students in the program.
This helped ensure the students would get the benefit of these classes despite
not being able to gather in person. The SLI would not have been possible without these members of our legal
community who volunteered their time and expertise.
Contest Produced Winning Essays
The annual Justice William E. McAnulty essay contest was also held during Lindsay Volk Beets, Jennifer Green, Yum!
the last academic year. The top papers were selected with the assistance of Jefferson County Attorney’s Office Joseph P. Gutmann,
Monica Molestina, a 3L Brandeis student who taught Writing Skills at CHS Brian M. Bennett, Stites & Harbison Central High School
during her second year of law school. Monica also provided specific feedback
to the 19 participating CHS students on their essay submissions. Charles Booker, Laurel A. Hajek,
Charles Booker for U.S. Senate 2022 UofL Brandeis School of Law
The essay topic was created by 3L Brandeis student Charles Nelson. Students
Daniel J. Canon, Hon. Eric J. Haner, Neal
were asked to respond to a situation where a high school student was expelled
UofL Brandeis School of Law Jefferson Circuit Court Malachi
for violating school policies when she was seen on camera (without being
aware of it) holding up her mother’s bottle of pain pills and offering them to Hon. A.C. McKay Chauvin, Amanda M. Hernandez, Office of the
a classmate on her cellphone during a distance learning class. Jefferson Circuit Court Commonwealth’s Attorney
In past years, the winners have been rec- Tracy Evette Davis, Attorney at Law Mike Hirn,
Carlos Ramirez ognized at the LBA February Trailblazer Kelsey Doren, Chief Court Administrator Marion C. Moore High School
and Joe Gutmann Event. Although that event did not occur Gwendolyn Horton, Legal Aid Society
Michelle L. Duncan, Dinsmore & Shohl
this year, the LBA and the Brandeis School
Hon. Bryan D. Gatewood, Deena G. Ombres, Springstone, Inc.
of Law are pleased to announce the Cen-
tral students who won this year’s contest. Jefferson Family Court Felix Henri Sharpe, Dinsmore & Shohl
Appreciation is also acknowledged to the Lauren Rose Givhan, Theodore S. Shouse, Attorney at Law
tz
ACLU for prize support. Jefferson County Attorney’s Office John Weber, Stites & Harbison Tom Kur
All recipients received Target gift cards and
certificates. The overall winner received a
copy of the book, “Two Centuries of Black
Special thanks to the Bellarmine Mock Trial Team: Vicki Alcorn, Andrew Chandler, Addie Rogers and
Louisville.”
Katy Williams-Duff.
Congratulations to:
Senior Class Winner: Kaitlin Price Finally, thank you to Lindsay Beets, John Weber and the LBA Public Service Committee for being a champion
Junior Class Winner: Carlos Ramirez of this outreach program. Thanks to your dedication and passion we were able to give students a glimpse
Sophomore Class Winners: Emily Rouse and Kadence Bell into the many facets of a legal career. n
Overall Winner: Carlos Ramirez n
THANK YOU TO
OUR 2021 SPONSORS!
SIGNATURE SPONSOR
GOLD SPONSORS
Stephen Reily
& Emily Bingham
SILVER SPONSOR
BRONZE SPONSORS
AN AT HOME CULINARY Burke Neal PLLC Jackson Technologies MCM CPAs and Advisors
& BOURBON EXPERIENCE Dentons Bingham Greenebaum Kaplan Johnson Abate & Bird LLP O’Bryan, Brown & Toner
BY ATRIA SENIOR LIVING Dinsmore & Shohl LLP Kaufman & Stigger, PLLC Wyatt, Tarrant & Combs
Timothy J. Hazlett Kentucky Elderlaw, PLLC YUM! Brands, Inc.
www.loubar.org August 2021 9
GUEST EDITORIAL
One Tax Lawyer’s Thoughts on the Trump Organization Indictments
James A. Nitsche
New York prosecutors appeared in court Organization maintained a separate record Trump’s trust are the shareholders of the of the Trump Organization’s affiliates. Except
on July 1 to present a 15-count indictment of all these payments (i.e., a “cheat sheet”), corporation that serves as the “parent” of for the rather limited fringe benefits scheme
charging the Trump Organization and Allen treating them internally as compensatory the entire Trump Organization). While these alleged by the indictments, the indictments
Weisselberg, the Trump Organization’s chief payments to Weisselberg. Perhaps as sig- tuition payments would seem to have been are silent regarding these matters.
financial officer, with a range of state and nificant, the Trump Organization failed to made for the benefit of the children’s father,
So the New York case is far from over.
local tax-related crimes. In a nutshell, the in- notify New York City tax authorities of Weis- Barry Weisselberg, a Trump Organization
dictments contend that, over an approximate selberg’s residence within the City, thereby employee, rather than for Allen Weissel- Following the July 1 hearing, the Trump
16-year period, the Trump Organization and allowing Weisselberg to dodge the City’s berg’s benefit, the Trump Organization’s Organization issued a statement claiming
Weisselberg conspired to provide Weissel- income tax. While not specifically stated internal documents treated them as part of that “Legal experts across the country all
berg and select other Trump Organization in the indictments, one of the prosecutors Allen Weisselberg’s compensation. agree: never before has the Internal Revenue
executives, including Weisselberg’s son, stated in court that the Trump Organiza- Service criminally charged a company over
The indictments allege that Weisselberg
Barry Weisselberg, with a host of “fringe tion’s former chief executive officer—former fringe benefits.” Trump and some of his sup-
received unreported compensation income
benefits” without notifying the relevant tax President Donald J. Trump—“signed many porters, including sons Don Jr. and Eric,
totaling approximately $1.75 million as a
authorities, thereby enabling those persons of the illegal compensation checks” that have attacked the actions of the prosecutors,
result of the conspiracy, thereby enabling
to evade federal, state and local taxes on the were issued by the Trump Organization for claiming political bias. They’ve also shouted
him to evade more than $900,000 in federal,
fringe benefits. the benefit of Weisselberg and other Trump to anyone who’ll listen that it’s customary for
state and local income taxes. While the in-
Organization employees. employers to provide their executives with
In Weisselberg’s case, the benefits included dictments refer to other Trump Organization
fringe benefits without them being reported
the full-time rent-free use of an apartment The indictments contend that, in addition employees who benefitted from the scheme,
as compensation. These statements are
leased by the Trump Organization, the use of to these perks, from 2012 through 2017, no mention is made as to the amount of their
belied by numerous cases involving tax eva-
two luxury automobiles leased by the Trump Weisselberg and other Trump Organization unreported income or unpaid taxes.
sion that have arisen where business assets
Organization, and payments of personal ex- personnel arranged for tuition payments to
The news media and many expert commenta- were used surreptitiously to pay personal
penses, including for improvements to Weis- be made to an expensive Manhattan private
tors have debated the question whether the expenses.
selberg’s Florida home. Though the Trump school attended by Barry Weisselberg’s two
indictments disclosed on July 1 represent
Organization deducted all these expenses as children. Curiously, the payments, totaling Generally speaking, good faith reliance on
the prosecutors’ entire case against persons
“ordinary and necessary business expenses” almost $360,000, were made by checks a tax advisor can serve as a defense against
connected to Trump or the Trump Organiza-
of one type or another, none were reported drawn on the personal account of either a charge of tax evasion. This defense is
tion, or are simply the tip of the iceberg.
as part of Weisselberg’s Form W-2 compen- Trump or a revocable trust created by Trump available, however, only upon a showing
Even if viewed solely from a New York law
sation. Quite damningly, however, the Trump (according to the indictments, Trump and that all relevant facts were provided to the
perspective, and even if considered solely
tax advisor. Is it conceivable that the Trump
from what is expressly stated in the indict-
Organization and Weisselberg provided a
ments, it would be naïve to think the indict-
copy of the cheat sheet to their tax advisors
ments represent the sum and substance of
and tax return preparers?
potential exposure. After all, the indictments
themselves refer to other Trump Organiza- A question that begs to be answered is
tion personnel who participated in, and whether the federal tax authorities will pur-
benefitted from, the scheme, none of whom sue the apparent blatant federal tax evasion
has been indicted. in light of the evidence adduced by the New
York prosecutors. Frankly, the facts scream
Plus, most tax practitioners would agree
for intervention by the IRS. Otherwise, much
that New York’s case against Weisselberg
as it was for not pursuing Richard Nixon’s
appears virtually open and shut. This fol-
apparent federal tax evasion relating to the
lows in significant part from the existence
donation of his presidential papers, the IRS
of the internal documents that tracked the
will be open to criticism that it will not pur-
compensation he received in the form of
sue clear cases of criminal federal tax fraud.
fringe benefits, coupled with his knowledge
of those documents. Also quite damaging is Perhaps the most fundamental rule of federal
the fact that, while he is not a certified public income taxation is that “gross income,” the
accountant, Weisselberg holds a degree in starting point for determining one’s federal
accounting from Pace University, and has income tax liability, means, “all income from
worked as an accountant for the Trumps whatever source derived, including . . .
since 1973, factors that make it virtually im- compensation for services, including fringe
possible for him to claim that he doesn’t un- benefits.” Is there any way that Weisselberg,
derstand the rather basic rules regarding the an accountant with almost 50 years of ex-
taxation of employee fringe benefits. Hence, perience, can claim that he doesn’t know
barring his cooperation, which would almost that rule?
certainly lead to a new round of indictments,
And that leads to an intriguing question:
Weisselberg figures to spend a good deal of
Will the IRS pursue Trump—a former U.S.
time in prison due to his active and knowing
president—individually based on the New
participation in the scheme.
York record? Suppose the cheat sheet bears
In addition, as is well known, in 2019, the his fingerprints and/or DNA.
Manhattan district attorney issued two sub-
Stay tuned.
poenas, one to the Trump Organization seek-
ing information concerning certain “hush
Jim Nitsche concentrates
money” payments made to two women to
his practice in federal,
buy their silence leading up to the 2016 elec- state and local tax mat-
tion, the other to Mazars USA LLP seeking a ters, including the taxa-
wide range of tax and accounting records of tion of business entities
Trump, the Trump Organization and a host and transactions. n
10 Louisville Bar Briefs www.loubar.orgwww.loubar.org August 2021 11
LOUISVILLE LAW NAME, IMAGE,
UPDATES
LIKENESS CLINIC
With the July 1 implementation of an interim
NCAA policy that allows student-athletes to
profit from their name, image and likeness, the
University of Louisville is ready to support stu-
dents looking to monetize NIL opportunities.
We at Louisville Law are very excited to be part
A
of this support system. Our Entrepreneurship
fter the many chal- Law School, and peer-reviewed journals, includ- Law Clinic, established in 2012, has historically
lenges that 2020 ing the Journal of Legal Education and Research focused on assisting students enrolled in the En-
brought, we at the in Higher Education. trepreneurship MBA program at UofL’s College
University of Louisville of Business as they develop business ideas, form
School of Law are eager to He is a recognized expert in legal education, teams and compete in business plan competi-
see what the 2021-22 aca- trust law, and non-profit law, and his scholarship tions for seed funding.
demic year has in store. has been discussed in the Washington Post, Bos-
ton Globe, Above the Law, and Inside Higher Ed, This Fall, the Clinic will add Name, Image, and
Law Schools in the Bluegrass
One major change at the among other media outlets. Likeness to its areas of expertise to assist UofL
School of Law is the de- students, including student-athletes, as they en-
parture of Dean Colin He received an A.B. from Dartmouth College, a counter legal issues when setting up a brand and
Interim Dean
Crawford, who has ac- M.Ed. from the University of Notre Dame, a J.D. marketing that brand over social media.
Lars S. Smith
cepted the deanship at from the University of Kentucky, and a Ph.D.
Golden Gate University School of Law. I know from Vanderbilt University. The Clinic is run by Will Metcalf, who is also
that many of you got to know Colin during his Associate Vice President for Research Develop-
three years in Louisville, and I hope you will join After a year as a visiting ment and Partnerships in the Office of Research
me in thanking him for his work and in wishing professor, Cassie Cham- and Innovation. Beginning this fall, the law
him the best in this new venture. bers Armstrong joins us as school will also hire an intellectual property law
a full-time faculty member expert as an adjunct professor to provide neces-
With Colin’s exit, it is my honor to serve as inter- this year. She will teach sary training and assistance to clinic students as
im dean of Louisville Law. I anticipate that I will Torts I and Administrative they work with their clients.
hold this position for several years, as there are Law.
not immediate plans to undergo a national dean While student-athletes may encompass a more
search. Professor Armstrong is a visible proportion of UofL students seeking ac-
2015 graduate of Harvard cess to these types of services and resources, the
As dean, I’m excited to share with you here some Law School, where she NIL legal clinic is not solely for athletes or Sport
of the updates at Louisville Law. Professor Cassie was President of the Le-
Chambers Armstrong gal Aid Bureau. She sub- Administration students. All UofL students who
may have NIL needs, including influencers,
If you have any questions or would like to learn sequently was selected to be a Skadden Fellow, eSport athletes, budding fashion designers or
more about what is happening at Louisville Law, an award that allowed her to work for two years media content creators can all benefit from en-
please feel free to contact me at lars.smith@lou- as an attorney at Louisville Legal Aid Society hanced knowledge and resources related to NIL.
isville.edu. and the Kentucky Equal Justice Center, where
she represented victims of domestic violence in We are excited to be one of the first law schools
family law matters, designed and implemented in the country offering such a clinic, which will
NEW FACULTY a comprehensive program to provide legal ser- not only benefit the student clients, but will also
vices to rural victims of domestic violence and provide valuable hands-on experience in the ar-
CJ Ryan joins us from the litigated appeals on poverty law issues. eas of NIL and IP to future lawyers.
Roger Williams Universi-
ty School of Law. He will Most recently, Professor Armstrong worked as
teachSecured Transac- an Associate at the Louisville firm of Kaplan ALLEN COURT ROOM
tions and Decedents’ Es- Johnson Abate & Bird LLP. Before that, she
tates and Trusts. clerked for Judge Amul Thapar, now at the U.S. RENOVATIONS
Court of Appeals for the Sixth Circuit and then
In addition to writing in a Judge at the U.S. District Court for the Eastern Since its completion in December 1938, the Al-
the areas of property, wills District of Kentucky. She also clerked briefly for len Court Room has been a defining feature of
and trusts, federal income Judge Phillip Shepherd of the Franklin Circuit the law school’s building.
tax, law and economics Court.
Professor CJ Ryan In addition to its use as a classroom, the court-
and statistics for lawyers,
much of his research centers on the legal pro- She is a native Kentuckian, having grown up in room has hosted oral arguments for the Sixth
fession, the economics of higher education and eastern Kentucky. She was elected to Louisville Circuit Court of Appeals, naturalization cere-
technology transfer. Metro Council’s District 8 seat in June 2020. monies, first-year orientations and even a movie
Since 2018, she has been Vice Chair of the Ken- filming.
An interdisciplinary scholar, he has written 20 tucky Democratic Party. In addition to her J.D.,
articles that have appeared in law reviews — Professor Armstrong has an M.Sc. from the Lon- But it has long been in need of updates, both
such as the Alabama Law Review, Illinois Law don School of Economics, an M.P.H. from Yale practical and aesthetic. Thanks to the generosi-
Review, and SMU Law Review — specialty jour- University, and a B.A. from Yale University. ty of donors, we are wrapping up a months-long
nals at the NYU School of Law and Notre Dame renovation project that will equip the courtroom
with modern A/V technology, new flooring and
paint and accessible seating.
We are excited to show it off! Keep an eye out
for opportunities to come see the new space in
person.
12 Louisville Bar Briefs www.loubar.orgLaw Schools in the Bluegrass
ALL RISE!
UNIVERSITY OF KENTUCKY
J. DAVID ROSENBERG COLLEGE OF LAW
University of Kentucky J. David Rosenberg College of Law is a
student-centered, supportive public law school that aspires to
empower tomorrow’s leaders to rise toward their personal best
and to pursue a meaningful impact on the law, the profession, and
the world beyond. UK Rosenberg Law represents a tradition of
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UK Rosenberg Law has been recognized as a Top 10 Best Value Law
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Founded in 1908 and located in the heart of the Bluegrass, UK
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www.loubar.org August 2021 13You can also read
