Kentucky Bar Association Ethics Opinions
Free plain-English summaries of legal ethics opinions issued by the Kentucky Bar Association, with full citations and source links on every page.
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Can a lawyer running for office say in a campaign ad that he is both a lawyer and a CPA?
Yes. The committee held both credentials were germane to a Lieutenant Governor campaign, and the bar on a lawyer advertising as a CPA applies only in a professional, not a political, context.
Can a county attorney run his private practice from his courthouse office, and may he sit beside the judge at the bench during proceedings he prosecutes?
Yes to the shared courthouse office, no to the bench seat. The committee concluded a county attorney may use his courthouse office for both public and private practice if kept distinct, but may not si…
Can a law firm's letterhead name a partner as the 'supervising partner' of a branch office, along with the branch address and resident associate?
Yes. The committee concluded that a letterhead may identify the partner responsible for supervising a branch office, because DR 2-102 permits listing firm members and the designation only helps client…
Can an assistant county attorney who prosecutes in Quarterly Court also be a deputy sheriff or constable so he can make arrests himself?
No. The committee concluded that combining the prosecutor's role with peace-officer arrest powers, even unsalaried, would create an appearance of impropriety under Canon 9 and risk intimidating witnes…
Can a police officer also practice law if he avoids all criminal matters and auto-accident personal injury cases?
Yes. The committee concluded a police officer may practice law in off-duty hours so long as he handles no criminal matter or automobile-accident case, and avoids any other area where his police duties…
Can a local bar association run a newspaper series discussing general legal topics for the public?
Yes. The committee concluded a bar association may publish dignified newspaper articles on general legal topics if they name no individual lawyer, aim to inform rather than drum up business, and inclu…
Can a lawyer form a partnership with a law student before the student is admitted and take capital contributions from the student for office expenses?
No. The committee concluded a lawyer may not form a partnership with, or share fees with, a not-yet-admitted law student, and may not accept the student's capital contributions, though the student may…
Can a board of aldermen's lawyer opine on a proposed code's constitutionality while privately representing tenants and landlords subject to the code?
Yes, with no required disclosure of client names. The committee concluded the lawyer may opine on the code's constitutionality because he is not acting as an advocate on its application to his clients…
Can an insurance-defense lawyer file an answer for the insured without first consulting the insured, where the insured will not cooperate?
Not unethical here. The committee concluded that filing an answer without first consulting an uncooperative, essentially nominal insured did not breach the competence standard of Canon 6 and DR 6-101(…
Can a former city attorney later represent a city employee against the city in a pension matter the attorney handled while in office?
No. The committee concluded that because the former city attorney had substantial responsibility for the employee's pension claim while representing the civil service commission, DR 9-101(B) bars him …
Can a county attorney's law partner defend criminal cases in other counties, and can the county attorney defend criminal cases in an adjoining state?
No to both. The committee concluded that a county attorney's partner may not defend criminal cases in other Kentucky counties, and the county attorney himself may not appear as criminal defense counse…
Can a Kentucky county attorney represent private clients before the Workers' Compensation Board?
Yes. The committee, on review, concluded that a county attorney commits no conflict of interest by presenting private claims before the Workmen's Compensation Board merely because a statute might some…
Can a lawyer who represented petitioners in an incompetency proceeding later serve as committee for the person found incompetent if everyone consents?
Yes. The committee concluded that, with informed consent of all interested parties and where the lawyer can adequately represent every interest, he may accept the committee appointment, because protec…
Can one law partner serve as juvenile court trial commissioner while the other partner serves as Commonwealth attorney in the same county?
No. The committee concluded that the two offices of juvenile trial commissioner and Commonwealth attorney should not be held by members of the same firm, because the partnership would create an appear…
Can a lawyer take a fee to run a university student-government legal advising service that only gives advice?
Qualified yes. The committee concluded a lawyer may direct such a group legal-advice service if it is operated strictly under RCA 3.475 and DR 2-103(D): the student government may not profit or contro…
Can a public defender share an office with a trial commissioner from a different county if his duties never take him before that commissioner?
Yes. The committee concluded the office-sharing arrangement is proper because the public defender's duties would not require him to appear before the commissioner, so no inference of improper influenc…
Can a plaintiff's lawyer send the defendant's insurance carrier a copy of a demand letter addressed to the defendant's attorney?
No. The committee concluded that copying the demand letter to the carrier in order to bypass the defendant's attorney is a prohibited communication with a represented party under DR 7-104, and insuran…
Can an attorney who serves as a criminal trial commissioner share office space with an assistant county attorney who prosecutes in the same court?
No. The committee concluded the office-sharing arrangement is improper because a judge must avoid even the appearance of impropriety, and the public could not maintain faith in an impartial judiciary …
Can a lawyer take a creditor's collection suit through a collection agency the creditor authorized to hire counsel on its behalf?
Yes. The committee concluded a lawyer may be retained through a collection agency the creditor authorized to employ counsel, provided there is no fee division with the agency and the agency does not c…
Can a Kentucky lawyer form an interstate law partnership, and can he list an out-of-state lawyer as an associate when their deal is really just fee-split referrals?
A true interstate partnership is fine if the letterhead discloses each lawyer's jurisdictional limits, but a referral-and-fee-split arrangement dressed up as a partnership, or listing the out-of-state…
Can a lawyer run an announcement in a legal journal offering to act as a consultant or associate to other lawyers in a particular field?
Yes. The committee concluded a lawyer may publish a dignified announcement of availability as a consultant or associate to other lawyers in a particular branch of law, so long as it follows DR 2-105(A…
Can a lawyer take a retainer from a company that sells creditors a package of computerized collection letters bearing his pre-printed signature?
No. The committee concluded the arrangement is indirect solicitation, places a lay intermediary between the lawyer and the creditors he serves, and risks improper fee division with a layman, so the la…
Can a lawyer own, manage, or serve as counsel for a corporation that solicits professional athletes and negotiates their contracts?
Mostly no. The committee concluded a lawyer may not manage, serve as counsel for, or do athlete work through a corporation that solicits athletes for representation, because that is solicitation of pr…
Can a county attorney also represent a city in the same county on a contract basis?
Yes. The committee concluded a county attorney may represent a city in the same county on a contract basis, because such representation does not necessarily impair his independent judgment for the cou…
Can a lawyer who is elected magistrate stay with his law firm and keep his name on the firm's stationery?
Yes. The committee concluded a lawyer elected magistrate may continue practicing with the firm and keep his name on the stationery, so long as it makes no reference to his elective office; but neither…
Can a Kentucky lawyer keep a branch office in another county, and what makes it a bona fide office?
Yes. The committee concluded a lawyer may maintain a branch office in another county if it is a bona fide office open during specified hours with qualified personnel present to take calls and make app…
Can a lawyer in private practice list a public office he holds on his private-practice letterhead?
No. The committee concluded that DR 2-102(A)(4) limits what an attorney may put on his private-practice letterhead, and a reference to a public position, legal or otherwise, is not among the permitted…
Can lawyers who take over a deceased attorney's practice keep her name in the firm name if they were never her partners?
No. The committee concluded that a firm may keep a deceased lawyer's name only in a continuing line of succession from a true partnership; lawyers who merely succeed to the practice without ever havin…
Can a lawyer who is also a licensed insurance agent and a criminal trial commissioner execute surety bonds as attorney-in-fact for the insurer?
It depends on the case. The committee concluded the lawyer may not execute bonds for parties he represents or for parties appearing before him as trial commissioner, but may do so for parties he does …
Can a city attorney represent a landowner against the city's urban renewal commission in a condemnation case?
Yes. The committee concluded a city attorney may represent a landowner against the urban renewal commission because the commission is a separate corporation with its own counsel that the city attorney…
Can a lawyer who is a county judge write a newspaper series on general probate and estate law?
Yes. The committee concluded a lawyer-judge may write general newspaper articles on probate and estate law if done in good taste and not to advertise himself, but may not use the articles to give advi…
Can an assistant county attorney privately charge a mother a fee to pursue child support when the Commonwealth is already pursuing the same support action?
No. The committee concluded an assistant county attorney may not charge a private fee for a support action when the Commonwealth, which he is statutorily bound to prosecute for, has already filed on t…
Can a Kentucky county attorney privately represent a landowner in a highway condemnation case the Commonwealth brings?
No. The committee concluded that a county attorney may not represent a landowner in a Department of Highways condemnation, because KRS 177.082 gives the county attorney a duty to file or assist in pro…
Can a Kentucky lawyer also run a real estate business alongside the practice of law?
Yes, with limitations. The committee concluded a lawyer may operate a separate real estate business if it is not the practice of law, is run consistently with the Canons, is not used to advertise or s…
Can a lawyer discharged without cause from a contingent-fee case charge the client for work done before the discharge?
Yes. The committee concluded that a lawyer discharged without cause from a contingent-fee case, who through no fault of his own is prevented from earning the contingent fee, may make a reasonable char…
Can a Kentucky lawyer send other lawyers a notice that he concentrates in a particular branch of law?
Qualified yes. The committee concluded a lawyer may distribute to other lawyers and publish in legal journals a dignified announcement of his availability as a consultant or associate in a branch of l…
Can a Kentucky Commonwealth's attorney also privately represent public utility companies?
Yes, with limitations. The committee concluded there is no per se impropriety in a Commonwealth's attorney representing private utility clients where the Commonwealth is not involved, but he may not t…
Can a Kentucky lawyer serve as counsel under a group or prepaid legal services plan, such as a union closed-panel plan?
Yes. The committee concluded that a lawyer may represent members under a group legal services plan if the plan preserves the member's free choice of counsel, does not let the organization profit from …
Can a lawyer sit in on a client's own press conference about pending litigation just to advise the client?
Yes. The committee concluded that a lawyer may be present at a press conference the client calls, solely to advise the client, where the lawyer makes no statements to the press, even though restrictio…
Can a lawyer negotiate a claim directly with the insurer's lay adjuster when the insurance company is represented by counsel?
No. The committee concluded that a lawyer may not negotiate directly with a lay adjuster representing an insurer that is represented by counsel, because the adjuster is treated as the represented adve…
Can a lawyer contact the opposing party directly to gather information about a pending case without the other party's lawyer's consent?
No. The committee concluded that a lawyer may not communicate with a represented adverse party about the subject of the controversy without that party's counsel's consent, even if the purpose is merel…
Can a law associate of a Commonwealth's attorney represent a civil plaintiff against defendants the prosecutor must criminally charge over the same events?
No. The committee concluded that an associate of a Commonwealth's attorney may not represent civil plaintiffs against defendants whom the prosecutor has a duty to charge over the same subject matter, …
Can judges, trial commissioners, prosecutors, probate commissioners, or their law partners and office-sharers handle criminal cases in Kentucky?
Mostly no. The committee concluded judges, trial commissioners, prosecutors, and probate commissioners may not defend criminal cases, and that bar extends to their firm partners and to office-sharers …
Can lawyers who share an office but are not true partners adopt a single firm name in Kentucky?
No. The committee concluded that lawyers whose relationship is something less than a true partnership may not adopt a firm name, because a firm name implies a partnership (shared responsibility and li…
Can a lawyer serve on the board of trustees of a college that retains the lawyer's own firm?
Yes. The committee concluded there is no per se conflict of interest in a lawyer serving on the board of trustees of a college that retains the lawyer's firm, distinguishing a lawyer's fiduciary loyal…
Can a county attorney who is ex officio president of a bond-holding corporation for a nursing home sue that nursing home for a private client?
No. The committee concluded the county attorney should decline the case, because a successful claim could leave the nursing home unable to liquidate the bonds the holding corporation he heads is charg…
Can a lawyer take a tort case when a salaried associate in his office is one of several witnesses to the accident?
Yes. The committee concluded it was not per se unethical to accept the case, because the associate-witness was a salaried non-partner whose testimony appeared merely cumulative and not essential, thou…
Can a lawyer split a legal fee with a referring lawyer who did no work and took no responsibility on the case?
No. The committee concluded that dividing a legal fee with a referring attorney who performs no legal service and assumes no responsibility is absolutely prohibited under DR 2-107; fee division is pro…
Can the lawyer for a claimant's insurance carrier contact an uninsured motorist to get his cooperation in defending the case?
Yes. The committee concluded the carrier's attorney may notify the uninsured motorist that he represents the claimant's insurer, invite his cooperation in the defense, make clear he does not represent…
Can a lawyer appear on a real-estate firm's sponsored radio program to discuss legal aspects of real estate?
Yes, within limits. The committee concluded a lawyer may appear on a commercially sponsored radio program discussing real estate law if several attorneys appear (so no one is endorsed), none is identi…
Can a newly elected county attorney go back to defending a former client in a criminal and civil case after a change of venue?
No. The committee concluded a Kentucky county attorney cannot ethically represent a criminal defendant in any court in the Commonwealth, including federal courts, nor become involved in the related ci…
Can a lawyer for a creditor credit union advise a debtor to file a wage-earner bankruptcy plan and then take the debtor's case?
No. The committee concluded that a lawyer for a creditor credit union may explain a Chapter XIII wage-earner plan to a debtor, but must promptly tell the debtor to hire another attorney and decline em…
Can a lawyer who won before a zoning board keep representing the client on appeal to defend the board's decision?
Yes. The committee concluded that a lawyer who represented a party before a Planning and Zoning Board may appear in later appellate proceedings to sustain the board's action where that action is consi…
Can a criminal defense lawyer share an office and a secretary with the Commonwealth's Attorney who prosecutes those cases?
No. The committee concluded that defense attorneys sharing office space and a secretary with the Commonwealth's Attorney who prosecutes in that district created an appearance of impropriety; they shou…
Can an elected county attorney represent a private employer in a labor dispute?
Yes. The committee concluded that because Kentucky did not bar county attorneys from civil practice unrelated to their criminal duties, there was no ethical inhibition against a county attorney repres…
Can a lawyer who handled a company's asset sale and was its officer later sue the seller on the buyer's behalf over that same sale?
No. The committee concluded that a lawyer who had long represented the selling corporation, served as its secretary, and actively handled the asset transfer could not represent the successor corporati…
Can a lawyer with a J.D. degree use the title 'Doctor' on business cards and letterhead?
No. The committee concluded a lawyer may not use 'Doctor' or 'Dr.' before his name on cards or letterhead, treating it as approaching advertising or solicitation, though placing the initials 'JD' afte…
Can a closing attorney pay a mortgage company a per-loan fee for the secretarial work it does preparing closing documents?
No. The committee concluded that an attorney's payment to a lending institution for secretarial services on loan closings, in any of the proposed forms, amounted to subsidizing the institution and imp…
Can a lawyer taking a government job hand his practice to a firm and become 'of counsel' to it?
Yes, with conditions. The committee concluded a lawyer entering government service could transfer his files and become 'of counsel' to a firm for a fixed retainer, provided he safeguarded client confi…
Can a county attorney's law partner appear before a public board that the county attorney's office advises?
Generally no. The committee concluded a county attorney or assistant cannot have a partner (or even an office-sharer) appear in opposition before the zoning commission they advise, and a frequently-se…
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Legal ethics opinions from the Kentucky Bar Association interpret the rules of professional conduct for working lawyers, in response to inquiries from members and committees. They are not binding like court discipline decisions, but courts and discipline boards treat formal opinions as substantial guidance on how the rules apply. Every opinion above has a plain-English question and short answer, plus a link to the original source on the bar's site.