Can a Kentucky lawyer employ a disbarred or suspended lawyer specifically as a paralegal?

Plain-English summary

The committee answered no to whether a lawyer may employ a presently disbarred or suspended lawyer to perform paralegal duties. It treated its companion opinion KBA E-255 as dispositive of the issue. E-255, issued the same month, permitted employing a disbarred or suspended lawyer for preparatory or ministerial work a layperson could do, but expressly provided that such an individual "is not a Paralegal within SCR 3.700." This opinion applies that limit directly: the role of paralegal is foreclosed.

Currency note

This opinion was issued in 1981 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. A later opinion, KBA E-336, addressed a suspended lawyer serving as a paralegal after the suspension period. 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 Treat this page as historical context, not current guidance.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 mentioned here.

Common questions

Q: Could a Kentucky lawyer hire a disbarred lawyer to work as a paralegal?

A: No. The committee held that KBA E-255 controls and that a disbarred or suspended lawyer is not a paralegal within SCR 3.700, so the paralegal role is not available.

Q: Does this mean a disbarred lawyer can never be employed by a law office?

A: This opinion addresses only paralegal duties. The companion opinion KBA E-255 permits limited employment for preparatory or ministerial work a layperson could do, under strict provisos.

Background and rules framework

The opinion rests entirely on KBA E-255, which interprets DR 3-101(A) (no aiding the unauthorized practice of law) and SCR 3.700 (paralegals). The modern analogs are Model Rule 5.5 (unauthorized practice) and Model Rule 5.3 (nonlawyer assistants). The committee's point is that paralegal status is one of the specific things E-255 placed off limits for a disbarred or suspended lawyer.

Citations and references

Rules of Professional Conduct:

• DR 3-101(A) (no aiding unauthorized practice); modern analog Model Rule 5.5
• SCR 3.700 (paralegals); related Model Rule 5.3 (nonlawyer assistants)

Other opinions cited:

• KBA E-255 (dispositive; limits on employing a disbarred or suspended lawyer).

See also

• KBA Ethics Op. E-255: Employing a Disbarred or Suspended Lawyer
• KBA Ethics Op. E-336: Suspended Lawyer Serving as a Paralegal

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-256.pdf

Original opinion text

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

KENTUCKY BAR ASSOCIATION
Ethics Opinion KBA E-256
Issued: November 1981

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), before relying on this opinion.

Question:

May a lawyer employ a former lawyer who is presently disbarred or under suspension to perform paralegal duties for the lawyer?

Answer:

No.

References:

KBA E-255

OPINION

The Ethics Committee believes that the KBA E-255 is dispositive on this issue.

Note to Reader
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.