Kentucky Lawyers Speak


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Tales from Kentucky Lawyers


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"A woman was sitting on the witness stand, and the lawyer asked her, 'Did you, or did you not, on the night of June 23rd have sex with a hippie on the back of a motorcycle in a peach orchard?' She thought for a few minutes, then said, 'What was that date again?'"—from the book Lawyers have long been known as master storytellers, and those from Kentucky are certainly no exception. Veteran oral historian and folklorist Lynwood Montell has collected tales from dozens of lawyers and judges from throughout the Bluegrass State, ranging from the story about the tough Jackson County judge who fined himself for being late to court to unwelcome dogs in the courtroom. Recorded just as they have been told for generations, these stories are sometimes funny, sometimes sad or frightening, sometimes raw and harrowing, but always remarkable. Far more than collection of lawyer jokes, Tales from Kentucky Lawyers recounts the most insightful, entertaining, and occasionally heartbreaking stories ever told by and about Kentucky lawyers and their clients, covering the spectrum from arson to homicide, domestic disagreements to sexual abuse, and everything in between. Tales from Kentucky Lawyers is a valuable resource for folklorists as well as an entertaining and vivid account of the often-surprising legal world.







Kentucky Lawyer


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Judge Mac Swinford was one of the longest-serving federal judges in United States history. During his lengthy tenure in the Kentucky courts, he came to know and appreciate the deep complexity of the law, understanding that it could be solid and fluid, broad and narrow, kind and harsh, changeless yet always evolving. In this service to the state and to the law, he felt that it was often his fellow lawyers who touched and educated him most. Kentucky Lawyer presents the most humorous, enlightening, and poignant moments of a remarkable fifty-year career. Judge Swinford offers a unique Kentucky history, recounting instances of the drama and romance of the Kentucky bar. In “A Kentucky Ghost Story,” he takes readers to the banks of Crooked Creek in Harrison County, where the spirit of a wrongfully accused man still affects judicial decisions. “Cost of Love” recalls a trial in Carlisle County in which a scorned lover files suit against her ex-fiancé for breach of promise, claiming ten thousand dollars for a broken heart. Remembering some of Kentucky’s most revered and respected jurists, Judge Swinford relates American culture in its most intimate and significant sense, through the acts and expressions of local leaders in the everyday affairs of life. His stories of humble commitment highlight the lives of men such as Henry Clay, Lieutenant Governor Rodes K. Myers, and Senator Joe C.S. Blackburn, who championed unpopular cases and stood on the forefront of government and community affairs. Kentucky Lawyer pays tribute to some of Kentucky’s “truly great men,” with the hope that legend will preserve them for us in memory. Now back in print, this classic book illuminates the varied work and world of the twentieth-century lawyer with elegance and humor.










Lawyer Regulation and the Movement Toward a Unified Bar in Kentucky


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This work (approx. 6500 words) provides a history of how the lawyers of Kentucky became a self-regulating profession. Beginning in the 1870s, the lawyers of Kentucky made efforts to organize themselves for the betterment of the legal profession in the Commonwealth. There was no state-wide system of disciplining lawyers, and handling wayward attorneys was up to the discretion of local judges and prosecutors. This work traces the beginnings of an embryonic, loosely-organized professional group through to bar unification, which empowered the Kentucky Supreme Court and the lawyers of the Commonwealth to regulate the profession. An abridged version of this article was previously published in Kentucky Bench & Bar in 2006.




The Kentucky Law Reporter


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Slender Is The Thread


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In a supplement to his The American Language, H.L. Mencken encapsulated the early history of Kentucky: "What is now Kentucky was the first region beyond the mountains to be settled. Pioneers began to invade it before the Revolution, and by 1782 it had more than 30,000 population. It was originally a part of Virginia, and the effort to organize it as an independent state took a great deal of politicking." Kentuckian and lawyer Harry M. Caudill grew up in the coal fields of Letcher County. His book Slender is the Thread reflects the history of a state whose citizens had to labor for their sustenance. Caudill's chapters reflect the mighty story of poor European immigrants struggling on primitive land and in wild mountains to survive, reproduce, and find sustenance for themselves and their households. Their frontier experience attuned the people to weak governments, self-help, quick wrath, and long memories, and revealed the influences that gave the state and its people their reputation for contented ignorance, colorful individualism, crankiness, self-reliance, contempt for court decisions, deadliness with gun and knife, and quirky and corrupt politics. Spun from the experiences of his law office, Caudill was one of the great storytellers with a keen eye for the unexpected detail and ear for the unique turn of phrase. He denounced scoundrels, praised courage and justice wherever he found it, and celebrated the frailty of the human condition. Time goes on and stories of Kentucky and its people accumulate, and Caudill's stories help shape the thoughts and inspire the actions of the Kentuckians of tomorrow.