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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What ethical duties apply when a Kentucky lawyer uses artificial intelligence in client work?
A Kentucky lawyer using AI must maintain technological competence, protect client information, charge reasonable fees, verify AI-assisted filings, and supervise the firm's use of AI. Routine AI resear…
When a Kentucky lawyer serves as a court-appointed guardian ad litem, who is the client, and can the lawyer take protective action against the client's wishes?
The guardian ad litem owes ethical duties to the minor, prisoner, or disabled person as the client, not to the court. If that client has diminished capacity and faces substantial harm, the lawyer may …
Can a Kentucky lawyer give advice or information to an unrepresented opposing party?
No advice (other than the advice to get a lawyer), but a qualified yes on information. Under Rule 4.3, once the lawyer makes clear they represent an adverse party, they may explain documents, procedur…
What must a Kentucky lawyer do when a client in a civil case disappears and cannot be located, including with the client's funds, the ongoing matter, and any settlement offer?
After a diligent search, the lawyer must turn unclaimed client funds over to the state under the unclaimed-property laws, will usually have to withdraw because the case cannot proceed without the clie…
Can a Kentucky lawyer participate in a collaborative law process, including a four-way full-disclosure agreement and a clause disqualifying both lawyers from litigation if no settlement is reached?
Qualified yes. The opinion concluded a lawyer may participate in collaborative law, including full-disclosure and disqualification provisions, so long as the agreement does not override the lawyer's e…
When a Kentucky lawyer leaves a law firm, who has to notify the clients, can the departing lawyer contact former and firm clients, and can the lawyer take client files to the new practice?
Current clients must be notified (by the departing lawyer, the firm, or both) and decide who represents them going forward; the departing lawyer may contact former and firm clients only within the adv…
Can a Kentucky lawyer borrow money to cover a client's litigation costs, pass the loan interest on to the client, and pledge the contingent fee as collateral?
The opinion concluded a lawyer may borrow from a lender to fund litigation expenses and may pass the interest on to the client if the business-transaction and fee-agreement safeguards are met, but may…
In Kentucky, does a lawyer handling Title IV-D child-support enforcement for the state have an attorney-client relationship with the party seeking enforcement, even though a statute says there is none?
The opinion concluded that KRS 205.712(7) is not dispositive; whether an attorney-client relationship exists turns on whether a reasonable person, based on the parties' conduct, would understand one t…
In Kentucky, when an insurer provides an insured's defense under a reservation of rights, may the defense lawyer communicate with the insurer and continue the representation despite the potential coverage conflict?
The opinion concluded the lawyer represents only the insured; the lawyer may have customary communications with the insurer with the insured's consent but must withhold information harmful to the insu…
In Kentucky, may an insurance-defense lawyer let the insurer forward the lawyer's detailed legal bills to an outside auditing company without the insured client's consent?
The opinion concluded the lawyer must obtain the insured client's fully informed consent before providing the insurer with detailed billing information when the lawyer knows the insurer sends that inf…
In Kentucky, when a lawyer represents the fiduciary of a decedent's estate or trust, does the lawyer also represent or owe special duties to the beneficiaries, and may the lawyer represent both?
The opinion concluded a lawyer for a fiduciary represents the fiduciary, not the estate, trust, or beneficiaries, and owes beneficiaries no duties beyond those owed to other third parties; confidentia…
In Kentucky, may a lawyer present to the court a child-support agreement that deviates below the guidelines when the client receives public assistance?
No. The opinion concluded that because KRS 403.211(3) bars any deviation from the child-support guidelines when a parent receives public assistance, the lawyer may not counsel or assist the client in …
In Kentucky, may a lawyer participate in LAWCARD, a credit-card program that finances the payment of legal fees?
Yes. The opinion concluded that LAWCARD is a credit-card plan, not a for-profit referral service, and lawyers may participate as long as they comply with KBA E-172 and rules such as 5.4(a) against fee…
In Kentucky, may a lawyer limit help to an indigent pro se litigant to drafting the initial pleadings, and may a legal services group publish self-help handbooks with pleading forms?
Yes to both. A lawyer may limit representation to preparing initial pleadings, but substantial help such as drafting a non-form pleading must be disclosed to the court; publishing handbooks with pro s…
Can a lawyer give a second opinion to someone who is already represented by another lawyer?
Yes. The opinion concluded a lawyer may consult with a person who already has counsel and wants a second opinion, but should make every effort not to impair the existing relationship and may not use t…
Must a Kentucky firm tell a client that one of its lawyers is married to a lawyer at the opposing firm?
The opinion concluded disclosure is required when both spouses are working on the matter, and also when only one spouse is working on it; when neither spouse works on the matter, disclosure is not man…
Can a Kentucky lawyer who is leaving a firm contact the clients he personally represented to tell them about his new practice and their right to choose counsel?
Qualified yes. The opinion concluded a withdrawing lawyer may contact, by phone or in person, firm clients he personally represented to announce his new practice and inform them of their right to choo…
Can a lawyer paid by an insurer prepare the guardianship and settlement-approval petition for an unrepresented minor and parents and appear in court with them?
Qualified yes. The lawyer may do so only on strict conditions: full disclosure to the family and the court that the lawyer's only client is the insurer and does not vouch the settlement is fair, submi…
How may a lawyer bill a client for time a paralegal or non-admitted law clerk spends on the matter?
On a statutory, lump-sum, or contingent fee the lawyer should not pass on extra charges for paralegal or law-clerk time absent an agreement; where agreed or where the lawyer bills hourly, such time ma…
Does a court rule requiring post-divorce-judgment papers to be served on both the party and the attorney of record violate the no-contact rule?
No. The no-contact rule excepts communications authorized by law or rule of court; serving both the party and the attorney of record after a divorce decree fits that exception and adds protection for …
Can a lawyer give a self-represented person advice about their own divorce case without becoming their lawyer?
Qualified yes for procedural questions, if the lawyer makes clear no attorney-client relationship exists. Substantive questions need a full history of the case, so answering them without representatio…
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 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 mail tax information worksheets to clients to help them prepare their income tax returns?
Yes, but only to existing clients. The committee concluded an attorney may mail income-tax information worksheets to people with whom he already has an attorney-client relationship; sending them to an…
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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.