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eNews - March 2016
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Thursday, March 3, 2016
2016 Annual Convention Image for Section 2016 KBA Annual Convention Online Registration Now Open

Online registration is now available for members wishing to register for the Kentucky Bar Association’s 2016 KBA Annual Convention to be held May 11-13, 2016, in Louisville. Click here to access the registration page.

For more information regarding annual convention events, including the Annual Memorial Service or the Kick-Off Event, as well as the featured CLE speakers and other CLE programming, please click here.
2016 Annual Convention Image for Section Thank You to Our 2016 KBA Annual Convention Sponsors! Sponsorship Opportunities are Still Available

Thanks to Lawyers Mutual Insurance Company of Kentucky and the National Insurance Agency, Inc., for serving as the 2016 KBA Annual Convention Platinum Sponsors!

Stoll Keenon Ogden, PLLC, has sponsored Howard Fineman, the Wednesday, May 11, feature speaker. Howard Fineman is the Global Editorial Director of AOL Huffington Post Media Group and former Newsweek Chief Political Correspondent and NBC News Analyst. Friday’s feature speaker, Ari Shapiro, host of NPR’s All Things Considered, has been sponsored by the Young Lawyers Division. Stites & Harbison, PLLC, has sponsored a Thursday spotlight speaker, Philosopher & Founder of The Morris Institute for Human Values, Tom Morris.

We appreciate the support of Middleton Reutlinger and Phillips Parker Orberson & Arnett, PLC, who have graciously sponsored the Kick-Off Event to be held at the Sports and Social Club from 4:45-6:45 p.m., on Wednesday, May 11. This event is complimentary with registration; preregistration is required.

Thanks, too, to Dinsmore & Shohl for their sponsorship of the Bench & Bar/Young Lawyers Division Joint Reception from 5 p.m.-6:15 p.m., Thursday, May 12, at the Louisville Marriott Downtown. The event is complimentary with registration; preregistration is required.

The Wednesday specialty break has been sponsored by GilsbarPro. An additional afternoon specialty break has been sponsored by Bingham Greenebaum Doll, LLP.

The 2016 KBA Annual Convention app has been sponsored by Casemaker. More information on the app will be available in the convention onsite guide.

Other Annual Convention sponsors include the Supreme Court of Kentucky; the Administrative Office of the Courts; Duplicator Sales & Service; GEICO; KBA Committee on Child Protection and Domestic Violence; KBA Ethics Committee; Kentucky Lawyer Assistance Program (KYLAP); the KBA Young Lawyers Division and the following KBA Sections: Alternative Dispute Resolution; Appellate Advocacy; Business Law; Civil Litigation; Criminal Law; Education Law; Elder Law; Environment, Energy & Natural Resource Law; Family Law; Immigration & Nationality Law; LGBT Law; Military Law; Probate & Trust Law; Public Interest Law; Real Property Law; Senior Lawyers; Small Firm Practice & Management and Workers Compensation Law.

Convention sponsorship opportunities are still available; for more information, contact KBA Director of Administration Melissa Blackwell at mblackwell@kybar.org.
2016 Annual Convention Image for Section Annual Convention Programming for Federal Practitioners

This year's annual convention CLE programming offers something for just about everyone, including federal practitioners. Those attorneys practicing in the federal courts will want to check out the two programs that are geared specifically for them. “Emerging Topics in Federal Criminal Practice,” featuring Judge Robert E. Wier, Judge David J. Hale, J. Kent Wicker and Marisa J. Ford will be held on Wednesday, May 11th and “The Just, Speedy, and Inexpensive Determination of Every Action: Federal Efforts to Improve Civil Litigation,” featuring Judge Amul Thapar and Judge Jeff Sutton will take place on Thursday, May 12th. Be sure to mark your calendar and join us for these and other interesting programs at the 2016 Annual Convention.
KBA Image for Section Kentucky Bar Association to Swear In New Officers and Bar Governors at Annual Convention

The Kentucky Bar Association will swear in their new officers during the 2016 KBA Annual Convention. The new officers include R. Michael Sullivan, Owensboro as President; President-Elect William R. Garmer, Lexington; Vice President Douglas C. Ballantine, Louisville; Douglass Farnsley, Louisville as Immediate Past President; and Young Lawyers Division Chair Rebecca Schafer, Louisville.

Bar Governors receiving the oath of office will be W. Fletcher Schrock, Paducah, 1st Supreme Court District (SCD); Thomas N. Kerrick, Bowling Green, 2nd SCD; Melinda Gillum Dalton, Somerset, 3rd SCD; Bobby Simpson, Louisville; 4th SCD; Eileen M. O’Brien, Lexington; 5th SCD; and Gary J. Sergent, Covington, 6th SCD; and John F. Vincent, Ashland, 7th SCD.

Other Kentucky Bar Governors to be recognized for their continuing service will be Michael M. Pitman, Murray, 1st Supreme Court District (SCD); John David Meyer, Owensboro, 2nd SCD; Howard O. Mann, Corbin, 3rd SCD; Amy D. Cubbage, Louisville, 4th SCD; Mindy Barfield, Lexington, 5th SCD; J. Stephen Smith, Ft. Mitchell, 6th SCD; and Earl M. “Mickey” McGuire, Prestonsburg, 7th SCD.
Chief Justice Minton Testifies Before Legislative Committee about Impact of Proposed Budget Cuts to State Court System
Chief Justice MintonChief Justice of Kentucky John D. Minton Jr. testified before a legislative committee on Tuesday, February 23, about the Judicial Branch’s budget requests for Fiscal Budget 2016-2018. He also outlined the potential impact of the governor’s proposed budget cuts on state court operations statewide. The Judicial Branch budget is House Bill 306. You can find his complete remarks here.
Supreme Court of Kentucky
The Supreme Court of Kentucky is now accepting proposed amendments to the Family Court Rules until July 1, 2016. Please mail proposals to:

Supreme Court Clerk Susan S. Clary
State Capitol, Room 235
700 Capitol Avenue
Frankfort, KY 40601-3415

If you have any additional questions, please contact Ms. Clary at (502) 564-5444.
Volunteers Needed to Review Cases of Children
in Foster Care in 22 Kentucky Counties

Citizen Foster Care Review Boards make
recommendations to courts on behalf of children

Citizen Foster Care Review Boards in 22 counties are seeking volunteers to make a difference in the lives of local children in foster care. The boards are in need of volunteers to review cases of children placed in foster care because of dependency, neglect or abuse, to ensure they are placed in safe, permanent homes as quickly as possible.

The counties in need of volunteers are Barren, Bell, Bourbon, Bracken, Butler, Clark, Edmonson, Fayette, Grayson, Jefferson, Jessamine, Logan, Madison, Mason, Muhlenberg, Oldham, Owen, Pendleton, Taylor, Todd, Trimble and Warren. Volunteers are not required to live in these counties to participate.

All volunteers must complete a six-hour initial training session. Potential volunteers are encouraged to apply as soon as possible so they may be scheduled for training in their area. All volunteers must consent to a criminal record and Central Registry check. A recommendation is then made to the chief judge of the District Court or Family Court for appointment. To get more information and apply to be a volunteer, visit the CFCRB web page at courts.ky.gov/courtprograms/cfcrb/Pages/default.aspx.
AOC to Offer Legal Training for Dependency, Neglect and
Abuse Cases in Three Locations
The Administrative Office of the Courts will conduct legal training for dependency, neglect and abuse cases (formally titled GAL training) at three locations each beginning at 8:30 a.m. The first program is scheduled for Friday, March 11, at Murray State University, Curris Center, Room 315, Murray. The second training will be offered on Friday, September 16, at the University of Kentucky Law School, 620 S. Limestone St., Lexington. The final program will take place on Friday, October 28, at the Jefferson County Judicial Center, Jury Pool Room, 2nd Floor, 700 West Jefferson St., Louisville. An application for accreditation will be sent to the Kentucky Board of Social Work for 6 hours of CEUs. Judges will receive 6.25 hours of CJE. The KBA has approved the program for 6.25 hours of CLE. The curriculum gives guardians ad litem an overview of Kentucky statutory and case law while also meeting the federal requirements set forth in CAPTA (Child Abuse Prevention and Treatment Act) and ASFA (Adoption and Safe Families Act.) The cost is $75 for attorneys seeking CLE credit. For more information, contact Legal Training at the Department of Family and Juvenile Services at (800) 928-2350 or at dnatraining@kycourts.net.
Administrative Hearings Under KRS Chapter 13B
A Training Course for Hearing Officers and Participants in Administrative Hearings
The Administrative Hearings Branch, Office of the Attorney General, will present a three hour training course for Hearing Officers and participants in Administrative Hearings on March 16, 2016, from 8:30 a.m. to 12:00 p.m., at the Office of the Attorney General, 1024 Capital Center Drive (off Versailles Road in Jett), Frankfort, KY 40601. This seminar is open to everyone. The program has been approved for 3.0 hours of continuing legal education by the Kentucky Bar Association. Educational requirements for Hearing Officers is required by KRS 13B.030(4) and 40 KAR 5:010.

The registration fee is $75.00 per person. The registration form is available on the Office of the Attorney General website at ag.ky.gov under the Civil tab and then Administrative Hearings. Payment by check (made payable to Kentucky State Treasurer) should be mailed to the address above or State Government Inter-account only. Registrations with inter-accounting can be faxed to Daphne Criscillis at (502) 573-1009, or emailed to daphne.criscillis@ky.gov. Confirmations will be mailed. For more information, call (502) 696-5442 or email the above address.
eFiling Training & Certification Now Available Online
Attorneys can now go online to become trained and certified to use eFiling in Kentucky state courts. The Administrative Office of the Courts is providing online certification for those who want to file court documents electronically in District Court and Circuit Court. While eFiling is not mandatory, attorneys must become certified before they are authorized to use eFiling. As of November 2015, eFiling is available in all 120 Kentucky counties. The AOC is also offering in-person training sessions. The in-person sessions are free and have been approved by the Kentucky Bar Association for 2.0 CLE credit hours. Paralegals, secretaries and other support staff are welcome to register along with an attorney. To view training times and register, visit kyefiling.eventbrite.com/.
Judicial Nominating Commission General Election
Pursuant to SCR 7 General Elections for all attorney members of the Judicial Nominating Commission will take place in 2016. Members are to vote in the Circuit and/or District in which they reside. In preparation for these elections we ask that log onto kybar.org and verify your county of residence so that you may receive the correct ballots for voting purposes. The current timeline for the 2016 Judicial Nominating Commission process can be found on our website under the, “Members,” tab, by selecting, “Member Information.”
Job Opportunity with the Legal Aid Society
The Legal Aid Society has announced the posting of a part-time contract attorney. This position is a 17.5 hour per week temporary, contract position that runs for a period of one year. To view the job description for this position, click here.

For more information on this position, please contact Meagan Peden Agnew, director of administration with the Legal Aid Society at (502) 614-3110 or by email at magnew@laslou.org. For more information on the Legal Aid Society of Louisville please visit laslou.org.
New Attorney Advertising Rules
Became Effective Jan. 1, 2016
The Kentucky Supreme Court approved changes to the Supreme Court Rules regarding attorney advertising. The Rule amendments alter several substantive Attorney Advertising Rules. The Rules no longer require submission of all advertisements, but still provide for Advisory Opinions upon request. The new Rules, that became effective on Jan. 1, 2016, were printed in their entirety in the November issue of the Bench & Bar. Members may also view the updated Rules, which can be found on our website, by clicking here. Please contact Mary Ellen Hardy, at mhardy@kybar.org, with any questions.
KYLAP Image for Section LMICK and KYLAP Team Up Once Again to Offer Free Seminars at Two Kentucky Locations on May 25 & 26, 2016
Lawyers Mutual Insurance Company of Kentucky (LMICK) and the Kentucky Lawyer Assistance Program (KYLAP) are offering two free lunch and learn programs in May. On Wednesday, May 25, 2016, the presentation will be offered at the Maysville Country Club, Maysville, Ky. On Thursday, May 26, 2016, the seminar will be repeated in Hopkinsville, Ky., at the James E. Bruce Convention Center. At each location the program is scheduled to run from 10:00 a.m. to 2:00 p.m. with lunch provided. The program and lunch are free, and will be held on a first come-first served basis. Registration will open shortly.

Asa P. “Pete” Gullett, III, Executive Vice-President and Chief Operating Officer of LMICK and Yvette Hourigan, Director of KYLAP, will address the relationship and causal connection of lawyer impairment to ethical violations. A ground-breaking study focused exclusively on lawyer impairment has just been released by Hazelden/BettyFord, which addresses impairment rates in the legal community, and how we, as practitioners, are peculiarly susceptible to the issues of mental health disorders including depression and addiction. Historically, impairment issues are one of the primary causes of and best indicators for potential ethical violations among practitioners. This program will focus on ways to identify impairment and potential ethical violations in yourself and others, and how to avoid those pitfalls. In addition to this discussion, guest speakers from the judiciary, both state and local, will be present to discuss how these issues impact the courts.

More information about the programming and pending continuing legal education credits (including ethics) will be in next month’s eNews and the March issue of the Bench & Bar. For more information call the KYLAP office at (502) 564-3795 ext. 266.
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Kentucky Lawyer Assistance Program (KYLAP)
Offerings at the 2016 KBA Annual Convention
KYLAP will be offering FREE yoga classes on Wednesday and Thursday evenings during the 2016 KBA Annual Convention being held May 11-13. KYLAP is also partnering with Hiking Lawyers to offer an "Urban Hike" to the Big Four Bridge. These opportunities are open to anyone interested in getting in a little movement and seeing a beautiful new landmark while in downtown Louisville. Stay tuned for more details!

KYLAP will once again offer open recovery meetings during the 2016 KBA Annual Convention in Louisville. All meetings are open to law students, lawyers and judges who are already involved or who are interested in a 12-step program of recovery, including but not limited to Alcoholics Anonymous, Narcotics Anonymous, Overeaters Anonymous, Gamblers Anonymous and Al-Anon.

Come meet other attorneys in recovery from around the state. All meetings and contacts are confidential. SCR 3.990. For additional information, please visit kylap.org, call (502) 564-3795, ext. 266, or email abeitz@kylap.org.
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KYLAP Hosts Lawyers in Recovery Meetings in Northern Kentucky and Lexington
The Kentucky Lawyers Assistance Program offers weekly open recovery meetings for lawyers, law students and judges in Northern Kentucky and Lexington. The Northern Kentucky Lawyers in Recovery meeting is held at 5:00 p.m., on Tuesdays at 510 Washington Avenue, Newport, KY 41071. Please bring your own coffee. The Lexington Kentucky Lawyers in Recovery meeting is held at 7:30 a.m. on Wednesdays at the Alano Club downtown, 370 East Second Street, Lexington, KY 40508.

All meetings are open to law students, lawyers and judges who are already involved or who are interested in a 12-step program of recovery, including but not limited to Alcoholics Anonymous, Narcotics Anonymous, Overeaters Anonymous and Al-Anon. Come meet other attorneys and network. All meetings and contacts are confidential. SCR 3.990. For additional information, please visit kylap.org, call (502) 564-3795, ext. 266, or email abeitz@kylap.org.
KBF Logo Kentucky Attorneys Doing Good
Do you and your firm or legal department enjoy volunteering in your community? Do you have a great action shot from a recent community service project? Beginning in the May/June issue of the Bench & Bar, the Kentucky Bar Foundation will be featuring "Kentucky Attorneys Doing Good" across the state. For a chance to be featured, please email pictures of you “in action” to KBF Executive Director Amelia Adams at aadams@kybar.org. We're excited to spotlight the good work that Kentucky attorneys do for their communities!*

*Your submission of a photograph to the Kentucky Bar Foundation’s “Kentucky Attorneys Doing Good” campaign constitutes your permission for that photograph to be used by the Kentucky Bar Foundation, as well as the Kentucky Bar Association, in their programs, publications, e-newsletter, websites, social media pages, and any and all other print and online materials. By submitting, you also acknowledge that you hold the rights to the photo for publication in all KBF or KBA materials.
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Application Available for
Kentucky Bar Foundation 2016 Grants
The Kentucky Bar Foundation’s mission is to further the public’s understanding of the judicial system and the legal profession through programs and philanthropic partnerships that help those in need. One of the ways that the Bar Foundation serves this mission is by awarding annual grants to law-related organizations and projects. The application period for the Bar Foundation’s 2016 grants is open from January 7, 2016 through March 15, 2016. To be eligible for grant consideration, applicants must meet the following requirements:

  • Apply for a grant on or before March 15, 2016 at 4:30 p.m. (EDT)
  • Be a nonprofit organization under 26 U.S.C. § 501(c)(3)
  • Request funding for a program or project that has a law-related purpose

The Kentucky Bar Foundation will award its 2016 grants during its annual Fellows and Partners for Justice Society Luncheon on May 12, 2016. To request a grant application, contact KBF Program Manager Gwen Smallenburg at gsmallenburg@kybar.org or (800) 874-6582 or visit kybarfoundation.org/grants.
The Celebration of a Century!!!!
The Kentucky Worker’s Compensation Act Centennial Committee is pleased to announce a dinner celebrating the 100th anniversary of the Kentucky Workers’ Compensation Act. Please join us for a night of fun and festivities. The dinner will feature remarks from practitioners and adjudicators from past to present.

The keynote speaker will be the Hon. David Langham, Deputy Chief Judge of Compensation Claims for the Florida Office of Judges of Compensation Claims and Division of Administrative Hearings, and current President of the Southern Association of Workers’ Compensation Administrators (SAWCA).

The event will be held on April 29, 2016, at Buffalo Trace Distillery, 113 Great Buffalo Trace, Frankfort, KY 40601. Cocktails - 6:00 p.m. (EDT), Dinner - 7:00 p.m. (EDT). The cost to attend dinner is $40.00 per person (cash bar).

If you wish to attend, please send payment to: KY Workers Compensation Act Centennial Committee, c/o Mark D. Knight, Attorney at Law, P.O. Box 49, Somerset, KY 42502.

Please contact Mike Alvey at mikewa2006@yahoo.com; Landon Overfield at landonoverfield@hotmail.com; or Wayne Daub at wcdaub@bellsouth.net if you have any questions.

Seating is limited, so please purchase your tickets early.
Section News Image for Section Legal Aid University CLE Seminar,
March 11
The Young Lawyers Division and Kentucky's Legal Aid Programs are sponsoring a Legal Aid University CLE Seminar on Friday, March 11 at the Legal Aid Society in Louisville. The program has been accredited for 5.00 CLE credits. Registration is free for current KBA YLD members and other attorneys who agree to take two pro bono cases from their local legal aid program. The registration fee is $20 for attorneys who are not YLD members and are unable to provide pro bono services for two cases. A seminar brochure with a complete agenda and registration form is available online. For questions, please contact Helen Bukulmez, YLD CLE Committee Chair, at helen@helenbukulmez.com.
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13th Biennial Consumer Bankruptcy Law Conference,
March 24 & 25
The University of Kentucky College of Law, Office of Continuing Legal Education and the KBA Bankruptcy Law Section are co-sponsoring the 13th Biennial Consumer Bankruptcy Law Conference on Thursday & Friday, March 24 & 25, at the Campbell House in Lexington. The program has been accredited in Kentucky for 11.25 CLE credits, including 1.00 ethics credit. For additional information, call UK/CLE at (859) 257-2921, or download the full conference brochure at ukcle.com.

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Elder Law Section Quarterly Meeting, April 13
The Elder Law Section will hold its quarterly meeting on Wednesday, April 13, at 12:00 P.M. Eastern time at the Law Offices of Stan Stims, located at 5226 Bardstown Road in Louisville. All Section members are invited to attend this brown bag lunch meeting to discuss and plan upcoming Section activities. If you would like to participate via conference call, the dial-in number is 877-746-4263. You will need to enter participant code 02 32 245# to be connected to the conference call. If you have any questions, please contact Lori Alvey at lalvey@kybar.org or (502) 564-3795.

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Annual Section Meetings, May 10-12
The agenda of Annual Section meetings being held in conjunction with the 2016 Annual Convention is now available online on the "Convention at a Glance" schedule. Section meetings held at the Annual Convention are for the purpose of conducting annual elections and other section business. There is no CLE credit associated with these meetings, and registration is only open to current section members. Registration is free, and you do not have to register for other Convention programming to attend. Pre-registration is required. Online registration and additional information is available on the Convention event webpage at 2016 Annual Convention Agenda. Free section meeting only registration is available if you will not be registering for any additional Convention programming or events. Questions regarding registration for the KBA Annual Convention should be directed to the Accounting & Membership Department at (502) 564-3795.

CLE Image for Section Congratulations to the 2015 CLE Award and CLE Renewal Award Recipients
The CLE Commission congratulates KBA members who have received the 2015 CLE Award by obtaining a minimum of 60 CLE credit hours within a three-year period, in accordance with SCR 3.690. Additionally, the commission congratulates those KBA members who have received the CLE Renewal Award by obtaining a minimum of 60 CLE credit hours within a three-year period, in accordance with SCR 3.690, and renewing the award by obtaining at least 20 hours in subsequent years. To see a list of CLE Award and CLE Renewal Award recipients, click here.

The CLE Commission applauds these KBA members for their efforts to improve the legal profession through continuing legal education!
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New Lawyers Program Image
GPS Image for Section Find a Mentor and Take Charge of Your Future!
It pays to have a helping hand when you’re just starting out in the practice of law. The KBA Find a Mentor program is designed to connect experienced attorneys with new attorneys who are seeking advice and guidance in balancing the personal and professional demands of the practice of law. How it works: Qualified mentors sign up and volunteer to participate in the GPS mentor program. New attorneys looking for assistance (mentees) may locate a mentor through the GPS website by the mentor’s location or area of practice. The mentee can view detailed information about potential mentors and then initiate first contact. This self-initiated contact may involve a single issue, or entail a more lasting, formal mentor relationship. The limits of the relationship are determined by the preferences of the participants. This service is available to new attorneys admitted to practice in Kentucky for five years or less.

For more detailed information visit www.kbagps.org and see what the program has to offer.
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Looking for Upcoming KBA Accredited CLE Events? Look No Further! Check out kybar.org/580
This easy to use search engine contains up to date information on CLE events that have been accredited by the Kentucky Bar Association Continuing Legal Education Commission. Users can search by program date, name or sponsor for information about future and past events. Program listings include sponsor contact information, approved CLE and ethics credits, and KBA activity codes for filling out the certificate of attendance (Form #3).

Programs are approved and added in the order in which they are received. It may take up to two weeks for processing of accreditation applications. If an upcoming or past event is not listed in the database, check with the program sponsor regarding the status of the accreditation application.
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Teleseminars
Don’t want to travel for “LIVE” CLE credits? The KBA provides you a weekly series of live teleseminars that are as nearby and as convenient as your office or home phone. For the full catalog of offerings in 2016, visit http://ky.webcredenza.com/.

For questions or to register over the phone, please contact Kim at kim@webcredenza.com or (720) 879-4142.
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KBA Online Programs
The KBA Online Catalog offers a great way to take CLE whenever and wherever you have access to the internet! Seminars featuring our highest rated speakers are delivered right to your desktop in streaming audio and video formats. New catalog additions in 2016 will include recorded programs from 2015 KBA Annual Convention and 2014 KBA KLU programs.

Click here for the latest program additions and ordering information. The catalog also includes audio programs you can download directly to your iPod/mp3 player, for playback at your convenience.

Note: Online video and downloaded audio seminars are technological programs, of which you are allowed up to 6.0 CLE credits per educational year.
Member Service Spotlight Image for Section Zola Creative Media
Specializing exclusively in legal marketing, Zola Creative Media offers firms a completely custom website solution which includes a custom design, unlimited revisions and site pages, an extensive content library and integrated site tools such as click to call technology, integrated blogging, a comprehensive newsletter system, Zola Creative Media Logoonline event management and secure document storage right through the firm’s website.

All KBA members are now entitled to receive a 25 percent discount on custom website development services. To learn more, contact the Zola Creative Media sales team at (877) 269-0076.
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