Mulhall, Turner, Coombs & Malone, P.L.L.C.

Louisville Bar Association Releases Judicial Poll Results:

The LBA released the results of its 2003 Judicial Candidates Poll, based on the responses of local attorneys.  For the results, click here.

Supreme Court Issues Ruling on Real Estate closings:

The Kentucky Supreme Court ruled that an Attorney does not have to conduct the actual real estate closing and overturned the Kentucky Bar Association’s Advisory Opinion U-58.  Therefore, within certain guidelines established by the Supreme Court, laypersons may handle a real estate closing in Kentucky.  When a legal question arises at closing, lay closing agents may not answer except by reading from the document itself without providing any additional explanation. If they cannot do so, they must halt the closing so that the parties may seek legal counsel. If they answer such questions, they are engaged in the unauthorized practice of law and may be criminally sanctioned as well as face financially liability.  The Court was careful to state the Advisory Opinion U-31 was still in effect, which limited what a lay closing agent may say at closing. The Court also noted it has always been the law that certain aspects of the real estate transaction must be performed by an attorney, such as preparing the title commitment letter and preparing deeds and mortgages.

Majority of Americans Do Not have a Will

A survey by the legal Web site Findlaw.com found that 59% of American adults do not have a Last Will & Testament.  An age breakdown reveled that only 11% of young adults between the ages of 18 and 34 have a Will.   The highest level was among older Americans above the age of 54, where 71% had a Will.  (E-mail us if you would like to receive a free brochure about Wills and Estates provided by the Kentucky Bar Association.)

New System Allows Internet Access to Deed Room Records

Jefferson County Clerk Bobbie Holsclaw unveiled a new record-retrieval system whereby citizens may access deed room records over the Internet.  Deeds, mortgages, liens and other records may be accessed and printed by going to www.countyclerk.jefferson.ky.us and following the installation instructions.  Over 10 million property records dating back to 1984 are accessible.

 Call-A-Lawyer

General legal guidance may be obtained free of charge from the Louisville Bar Association's monthly "Call-A-Lawyer".  Callers may dial 583-1801 on the third Tuesday of each month and speak to a volunteer attorney.  No attorney-client relationship is established, and this service is meant for general legal information only.  For more information about this service, you may call the Louisville Bar Association at 583-5314.

Disclosures

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Last modified: 10/15/02