William F. McMurry Blog
Kentucky HB 595: A Landmark Step Forward — And an Honest Look at Who It Helps
Kentucky House Bill 595 would permanently eliminate the civil statute of limitations for childhood sexual abuse claims — a landmark step forward for survivors. But not every survivor will be helped equally, and every person affected by this legislation deserves an honest explanation of why. William F. McMurry, who has privately interviewed more than one thousand adult survivors over 25 years, breaks down exactly what HB 595 does, who it helps, who it leaves behind, and what is being done to fix it.
Baudoinia Compniacensis: The Mysterious “Whiskey Fungus”
Baudoinia compniacensis is a remarkable fungal species that has evolved a peculiar ecological niche in human environments. This sooty black fungus thrives in areas near distilleries and warehouses where spirits are aged, earning it the colloquial name "whiskey fungus"...
Brain Injuries in Kentucky: What You Need to Know
Brain injuries are among the most serious and life-altering injuries a person can suffer. As personal injury attorneys serving Kentucky, we've seen firsthand the devastating impact these injuries can have on victims and their families, including on one’s personal and...
Sex Abuse Survivors Rarely Disclose until Adulthood. Kentucky Law Should Reflect that.
For child sex abuse survivors, the path to justice closes too soon. You can imagine the anguish when, after years of gathering the courage to speak, a survivor discovers their path to justice has been closed for good.
After a Car Wreck, Lawyer Must Assist Clients in Receiving Appropriate Medical Care
Often, the lawyer does not understand his/her role in assisting the client in receiving the specialized healthcare needed to diagnose and treat the client’s injuries. Car wrecks often cause “soft tissue” injuries without the breaking of bones and joints. Many of...
Lawyer Mistakes Adding Up to Legal Malpractice in Car Accident Cases
As this calendar year is nearly over, I would like to reflect on the legal malpractice committed by lawyers in their handling of car wreck cases. For those consumers of legal services who are unaware, not every lawyer is competent to handle car accident cases, and many who advertise for car accident cases are unqualified to handle the complex car insurance issues at the heart of every car wreck case.
Legal Malpractice And The Attorney-Client Relationship
When you enter into a representation agreement with an attorney for that attorney to represent you, you have entered an attorney-client relationship. Even if there is no formal written retainer agreement between you and the attorney, the court may still find you formed an attorney-client relationship. In cases where these relationships are formed, the attorney must not enter into other agreements or take actions that harm your interest. If they do, you might have a case for legal malpractice against them.
Legal Malpractice and Duty: Disability Disclosures
When an attorney represents you in a case, they have duties to you as a client. These duties are things that an attorney must do or not do while representing you. One of these duties is the duty to disclose or inform the court of their client’s potential disability. In Kentucky, it can matter that an attorney discloses their client’s disability because their failure to do so can harm their client.
Actual Innocence And Legal Malpractice
Actual innocence is an element of a legal malpractice case that anyone who is bringing a case against their lawyer in a criminal case must prove. The “Actual Innocence Rule” requires that you must prove you are “actually innocent” of the criminal charges and that, because of the attorney’s malpractice, you were wrongfully convicted. While some have criticized this rule, the actual innocence rule remains the majority rule in Kentucky and the majority of the United States.