May a suspended Kentucky lawyer work as a paralegal in a law firm once the stated period of suspension has expired but before reinstatement?

Plain-English summary

The Committee took this up as a request to amend KBA E-256. Under KBA E-255, a suspended lawyer could perform law-clerk functions and other law-related work that laymen may do, but could not have direct client contact (Special Proviso #1) or be given an office or place in a lawyer's facility (Special Proviso #3); E-255 (Special Proviso #2) and E-256 also said a suspended lawyer may not work as a paralegal. The opinion explained those bans flowed from the no-client-contact and no-office restrictions, and served to counter evasion of the suspension, enforce the bar on unauthorized practice, and protect clients from being misled about the lawyer's status.

The opinion observed that neither E-255 nor E-256 had expressly limited those restrictions to the stated suspension period, which created hardship because reinstatement is not automatic once the period runs; the lawyer must reapply and await the outcome. Read literally, the earlier opinions could bar a suspended lawyer from paralegal work in the interval before reinstatement, or permanently if reinstatement was denied or never sought. The Committee concluded that necessity and public policy do not require that outcome, and amended KBA E-255 (Provisos #1 to #3) and KBA E-256 so the paralegal restriction is limited to the stated period of suspension.

Currency note

This opinion was issued in 1989 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. The bar's suspension and reinstatement procedures may have changed since. Treat this page as historical context, not current guidance.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: Can a suspended lawyer work as a paralegal after the suspension period ends?

A: Yes. The opinion amended KBA E-255 and E-256 to limit the paralegal bar to the stated period of suspension, so it does not apply in the interval before reinstatement.

Q: Why were suspended lawyers barred from paralegal work during suspension?

A: The opinion explained the restrictions exist to counter evasion of the suspension, enforce the prohibition on unauthorized practice, and protect clients from being misled about the suspended lawyer's status.

Q: Did the opinion change the rules that apply during the suspension itself?

A: No. The no-client-contact, no-office, and no-paralegal restrictions still apply during the stated period of suspension; the amendment only limits them to that period.

Background and rules framework

The opinion construes the bar's own prior opinions (KBA E-255 and E-256) governing what a suspended lawyer may do, framed by the prohibition against the unauthorized practice of law and the policy against allowing a suspension to be evaded through nominal non-lawyer roles. It did not turn on a single numbered Disciplinary Rule; it amended the scope of the earlier opinions.

Citations and references

Other opinions cited:

• KBA E-255 (1981), general and special provisos for suspended lawyers
• KBA E-256 (1981), bar on suspended lawyer serving as paralegal (amended here)

See also

• KBA Ethics Op. E-341: Delegating Depositions
• KBA Ethics Op. E-345: Pro Hac Vice & Lay Reps
• AL Ethics Op. 1990-01: Non-Lawyer Staff Cards

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-336.pdf

Original opinion text

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

KENTUCKY BAR ASSOCIATION
Ethics Opinion KBA E-336
Issued: September 1989

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 suspended lawyer serve as a Paralegal in a law firm once the stated period of
suspension has expired?

Answer:

Yes.

References:

KBA E-256 and E-255 (1981).
OPINION

This question comes before us as a request for amendment of KBA E-256.
In KBA E-255 the Committee and Board indicated in certain "General Provisos" that a
suspended lawyer may perform the functions of a law clerk and do other law related work that laymen
may do, but that the suspended lawyer should not have direct contact with clients ("Special Proviso #l")
and should not be given an office or place in a lawyer's facility ("Special Proviso #3"). Both E-255
("Special Proviso #2") and a subsequent opinion, E-256, indicated that a suspended lawyer may not be
designated or permitted to work as a paralegal in a lawyer's office. The rule against a suspended lawyer
serving as a paralegal necessarily follows from the rules against "client contact" and having an office, or
place, in the lawyer's facility." The obvious purposes behind these restrictions are (1) to counter evasion
of the effects of a suspension (2) to enforce the prohibition against unauthorized practice of law and (3)
to protect clients and others from being misled as to the suspended lawyers status.
Neither E-255 nor E-256 expressly limited the duration of the special restrictions (no client
contact, no office or place in the lawyer's facility, no designation as a paralegal) to the stated period of
suspension. Apparently, this has created some hardship, since a lawyer is not automatically reinstated
upon the running of the period of suspension. Instead, he or she must reapply for admission and await the
outcome of reinstatement procedures. A literal interpretation of E-255 and E-256 might lead one to
conclude that a lawyer (1) may not serve as a paralegal at any time following the running of the period of
suspension and preceding action on an application for reinstatement, and (2) may never serve as a
paralegal if application for reinstatement is denied or is never sought. To put it another way, the opinions
could be interpreted as permitting a suspended lawyer to serve as a paralegal only on condition that he or
she first be readmitted as a full member of the Bar. Assuming that some logic supports this outcome,
necessity and public policy do not require it.

For the reasons stated, KBA E-255 is amended to the extent that Specific Provisos ##1-3 apply
only during the stated period of suspension. The prohibition of KBA E-256, that a suspended lawyer may
not perform paralegal duties for a lawyer, is limited to the stated period of suspension.

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.