In a multi-state law firm, does every partner have to be admitted to the Kentucky Bar?

Plain-English summary

The committee was asked whether, in a multi-state firm, every partner must be a member of the Kentucky Bar, and answered no. It stated that its earlier opinion KBA E-92 (1974) was a full and complete statement of the rules on multi-state practice within the state, and that it saw no need to comment further.

Currency note

This opinion was issued in 1978 under Kentucky's former Code of Professional Responsibility (in effect 1971 to 1990), before the Kentucky Bar Association's 1990 adoption of the Rules of Professional Conduct (SCR 3.130) and the substantial 2009 revisions to those rules. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against the current rules before relying on any specific rule, deadline, or requirement mentioned here.

Common questions

Q: Must every partner in a multi-state firm be admitted in Kentucky?

A: No. The committee concluded that not every partner must be a Kentucky Bar member.

Q: Where did the committee point for the governing rules?

A: To its earlier opinion KBA E-92 (1974), which it called a full and complete statement of the rules on multi-state practice within the state.

Background and rules framework

The opinion concerns the composition of a multi-state firm's partnership and defers to KBA E-92 for the governing analysis. The modern analog is Model Rule 5.5 (unauthorized practice of law and multijurisdictional practice), which addresses how lawyers and firms may practice across state lines.

Citations and references

Other opinions cited:

• KBA Opinion E-92 (1974)

See also

• KBA Ethics Op. E-221: Out-of-State Partnership and Referral Fees
• KBA Ethics Op. E-198: Out-of-State Lawyer Of Counsel on Letterhead

Source

• Landing page: https://kybar.org/For-Members/Rules-Ethics-Information/Ethics-Opinions
• Original PDF: https://kybar.org/Portals/0/Admin/Ethics%20Opinions/KBA_E-189.pdf

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

KENTUCKY BAR ASSOCIATION
Ethics Opinion KBA E-189
Issued: September 1978

This opinion was decided under the Code of Professional Responsibility, which was in effect from 1971 to 1990. Lawyers should consult the current version of the Rules of Professional Conduct and Comments, SCR 3.130 (available at http://www.kybar.org), especially Rules 7.01-7.50 and the Attorneys’ Advertising Commission Regulations, before relying on this opinion.

Question:

In a multi-state firm, must every partner in the firm be a member of the Kentucky Bar?

Answer:

No.

References:

Opinion KBA E-92 (1974)
OPINION

The Committee feels that Opinion KBA E-92 (1974) is a full and complete statement of the rules on multi-state practice within the state. It feels no necessity to comment further.

This ethics opinion has been formally adopted by the Board of Governors of the Kentucky Bar Association under the provisions of Kentucky Supreme Court Rule 3.530 (or its predecessor rule). The Rule provides that formal opinions are advisory only.