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…
Can a Kentucky lawyer help a client obtain pre-settlement litigation funding during a case, charge for the help, and must the lawyer honor the client's promise to repay the lender from any recovery?
A lawyer may help a client identify a third-party lender and facilitate funding (the lawyer may not lend the money personally), may charge for services beyond the original engagement, and must hold di…
Can a Kentucky lawyer take credit card payments for earned fees, non-refundable retainers, and unearned advances, where must each go, and can the lawyer pass the card service charge to the client?
Earned fees and true non-refundable retainers go to the office account; credit card advances on unearned fees or expenses must go to the trust account and be protected from charge-backs against other …
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, may an insurance-defense lawyer agree to follow an insurer's case-handling guidelines (such as prior approval of discovery or research, billing caps, and reporting deadlines) when representing the insured?
The opinion concluded a lawyer may agree to insurer guidelines only if they do not interfere with the lawyer's independent professional judgment, the lawyer discloses them and obtains the insured's in…
In Kentucky, may a lawyer charge a contingent fee to handle an appeal of a divorce decree over whether certain property is marital or non-marital?
No. The opinion concluded that KRPC 1.5(d) bars a contingent fee in a domestic-relations matter, with no exception for an appeal of a dissolution decree concerning the classification of property.
In Kentucky, may a law firm send its detailed insurance-defense bills to the insurer's outside auditing company without the insured client's informed consent?
No. The opinion concluded a firm may submit detailed defense bills to a third-party auditor only with the informed consent of both the insured and the insurer, and may not release other clients' billi…
In Kentucky, does complying with the workers' compensation law's attorney-fee limits and fee-approval disclosures violate the ethics rules, and do the ex parte rules apply before the Department of Workers' Claims?
The opinion concluded that complying with the statutory fee limits does not by itself violate the rules (qualified no) and that a fee-approval affidavit can be supplied without disclosing privileged i…
In Kentucky, may a lawyer hold a client's file as security in a fee dispute?
Qualified no. The opinion concluded Kentucky law recognizes no retaining lien, so under KRPC 1.16(d) a lawyer must surrender the client's file (except true work product) on termination, even if duplic…
In Kentucky, can a lawyer charge a non-refundable retainer, and when must an advance fee be held in the lawyer's trust account?
A retainer may be labeled non-refundable, but the label is not conclusive on whether the fee is reasonable; a valid non-refundable retainer must be explained and put in a signed written agreement, and…
In Kentucky, may a lawyer report a client to a credit reporting agency for an unpaid bill when the lawyer does not want to sue the client?
No. The opinion concluded that referring a client's unpaid account to a credit bureau discloses a client confidence for a purpose beyond collecting the fee, and is improper unless the client specifica…
In Kentucky, may a lawyer lend a client money for financial assistance other than the expenses of litigation?
No. The opinion concluded that Rule 1.8(e) bars a lawyer from giving a client financial assistance beyond the expenses of litigation, so lending money for living or medical expenses is prohibited.
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 defense lawyer contract with an insurer to handle all its defense work for a set fee, or agree to absorb all litigation expenses without reimbursement?
No to both. The opinion concluded that a blanket set-fee defense contract with an insurer, and an agreement to advance litigation expenses with no right to repayment, create conflicts with the insured…
In Kentucky, may a lawyer charge a contingent fee in a divorce case, in a property-settlement dispute, or to collect arrearages or newly discovered assets?
No contingent fee is allowed in a divorce case or in its property-settlement issues under Rule 1.5(d)(1), but a reasonable contingent fee may be charged to recover liquidated arrearages capable of bei…
In Kentucky, may a lawyer referral service require member attorneys to document the total settlement in contingency cases, and may attorneys comply?
Yes to both. The opinion concluded the referral service may require truthful fee reporting and verification, and lawyers may comply, subject to honoring client-consent obligations and any settlement-c…
In Kentucky, may a lawyer charge a contingent fee for defending a civil case?
Yes. The opinion concluded the rules do not bar contingent fees for defending civil cases (only criminal and divorce cases are prohibited), but the lawyer bears the burden of showing the fee is reason…
In Kentucky, may a lawyer on a contingent fee agree to advance litigation expenses that the client will never have to repay, win or lose?
No. Rule 1.8(e)(1) lets a lawyer advance litigation costs and make repayment contingent on the outcome, but it does not permit the lawyer to absorb the expenses entirely in every case regardless of re…
How should a lawyer compute a contingent fee when the case resolves through a structured settlement that pays the client over time?
The fee must be reasonable and the computation method must be stated in the fee contract (Rule 1.5). If the lawyer takes the fee in a lump sum, the opinion says it should be a percentage of the discou…
In a 42 U.S.C. 1983/1988 civil rights case, can a lawyer use a contingent fee, and is the lawyer's fee capped at the court-awarded statutory fee?
Yes to a contingent fee. The opinion concluded that, as a matter of legal ethics, the total fee is not necessarily limited to the court-awarded amount, but the lawyer cannot collect both the statutory…
Can a defense lawyer offer to settle a class action on the condition that the plaintiffs waive their statutory attorney fees?
Qualified yes. The opinion concluded that, after Evans v. Jeff D., a good-faith settlement offer conditioned on a fee waiver is not unethical per se; whether a particular offer was made for an imprope…
Can a lawyer charge a fee to a doctor or health-care provider who is paid out of the client's settlement, when the provider never agreed to it?
No. The opinion concluded a lawyer may not automatically charge an additional fee to a physician or health-care provider for forwarding payment out of a client's settlement when the provider was not o…
Can a lawyer take a disputed fee out of funds received for a client from a third party when the client does not agree?
No. The opinion concluded that a lawyer may not withdraw a disputed fee from client funds; the disputed portion must stay in trust until the dispute is resolved, though the lawyer is not required to r…
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…
Can a lawyer recommend title insurance and act as title agent in the same real estate deal, and split insurance commissions with other attorneys who steer clients to him?
The lawyer may serve as title examiner and agent only with full disclosure to everyone involved and the clients' consent, crediting any title-work already billed; but naming other attorneys as 'author…
Can a lawyer raise funds, or ask others to raise funds, to pay for an indigent criminal defendant's defense and appeal?
Qualified yes. A lawyer may solicit or help raise funds to pay reasonable fees and costs for an indigent client's defense, but must state the total fee needed, remit any unearned portion, not split th…
Can a lawyer charge more than a statutory or court-ordered fee, or have the client make up the difference through a gift to the lawyer or to a charity?
A lawyer is generally bound by a statutory or court-set fee and may not charge more (a qualified no, with a narrow exception where a court awards a partial fee 'toward' a larger reasonable fee). The l…
After a client fires a lawyer, can the lawyer charge a fee to copy the client's file before handing it over?
Qualified yes. A discharged lawyer may charge the former client the actual cost of duplicating the file, but not a fee disproportionate to that cost and not a second charge where copying costs were al…
If a Kentucky client fires a contingent-fee lawyer without cause before the case ends, can the lawyer claim a share of the eventual recovery?
Qualified yes. The opinion concluded that a discharged contingent-fee lawyer's right to a fee is a matter of law, not ethics, and deferred to Kentucky case law allowing recovery in quantum meruit, the…
Can a Kentucky lawyer take payment from a third party for legal work, or take a fee from a bank or business just for referring clients to it?
Third-party payment for legal services is permitted with full disclosure and the client's consent, so long as the lawyer's independent judgment is preserved. A fee for merely referring a client to a l…
Can a Kentucky public defender appointed for an indigent client also take a paid retainer to defend that same client in a separate criminal case in another county?
Qualified yes. The opinion concluded the lawyer may continue only if four conditions are met, including that the fee come from someone other than the accused and that a signed affidavit be transmitted…
Can a Kentucky lawyer skip a court hearing or stop appearing for a client because the client has not paid the fee?
Qualified no. The opinion concluded a lawyer who has appeared or agreed to appear may not simply stop showing up over unpaid fees; withdrawal requires compelling reasons, proper notice, and court perm…
Can a Kentucky lawyer sue a client to collect an unpaid fee, or bring theft-of-services criminal charges for nonpayment?
Qualified yes to both. A lawyer may sue for a fee where needed to prevent fraud or gross imposition, after written demand and considering fee arbitration; criminal theft-of-services charges are allowe…
Can a lawyer take fees owed from an earlier unrelated case out of a client's judgment or settlement funds in the lawyer's trust account?
Only with a written agreement. Absent a written contract authorizing the offset with full disclosure, fees from an unrelated matter are disputed funds the lawyer may not withdraw; the client's funds m…
Can a lawyer who serves as estate attorney or executor buy property from the estate, and can a lawyer take a property interest as a fee instead of cash?
No to buying estate property (absent the will's authorization and steps to protect beneficiaries), because of the conflict and appearance of self-dealing. Yes, qualified, to taking a property interest…
Can a lawyer charge interest and service fees on litigation advances and unpaid bills, co-sign a client's litigation loan, and deduct phone, postage, and copying costs from a contingent fee?
Yes to each, with conditions. With disclosure and consent a lawyer may charge interest and service fees on advances and on delinquent fees, may co-sign a client's litigation note if not without recour…
Can a lawyer take a contingent fee to collect past-due child support or alimony after a judgment?
Yes. The public-policy bar on contingent fees in domestic cases rests on discouraging reconciliation; in a post-judgment collection of back support or alimony, reconciliation is no longer at stake, so…
Can a lawyer without a real estate license sell estate real estate as part of settling the estate?
The committee declined to decide, calling it a question of law it is not authorized to answer. It noted only that whether the real-estate-licensing statute applies turns on whether the lawyer is perfo…
Is a lawyer required to charge the fees listed in a bar association minimum-fee schedule?
No. The committee formally deleted its earlier opinions endorsing bar fee schedules, consistent with the Supreme Court's decision in Goldfarb v. Virginia State Bar holding minimum-fee schedules unlawf…
Can a private lawyer contract with a legal aid office to handle its bankruptcy referrals for a set per-case fee?
Yes. No disciplinary rule forbids a legal aid office from contracting with an outside attorney to handle a kind of case it does not normally take, and the lawyer need not be a salaried employee, so lo…
If a client fires a contingent-fee lawyer after rejecting a settlement offer the lawyer thought fair, can the lawyer claim the full one-third fee, or only the reasonable value of the work?
The lawyer may not charge one-third of an offer the client never accepted, because no settlement was reached; the lawyer may instead seek the reasonable value of services rendered and should move to w…
Can a law firm accept major credit cards to pay for legal services?
Yes, subject to conditions: the bar must approve any related advertising, the plan may not publish subscribing lawyers' names, the lawyer may do no more than discreetly indicate acceptance, and the la…
Can a lawyer charge a contingent fee based on property recovered for a wife in a divorce case?
No. A contingent fee tied to property recovered in a divorce is improper, because the justification for contingent fees does not apply and such a fee may motivate the lawyer to interfere with reconcil…
Can a court-appointed public defender privately bill a client who was found to be a needy person?
No. A defendant adjudged needy is entitled to free representation, so charging him a private fee for appointed work involves the kind of dishonesty barred by DR 1-102(A)(4), independent of the statute…
Can a former assistant prosecutor be paid by a victim's family to keep prosecuting a case he handled in office?
Qualified yes. He continues as an ad hoc public officer whose client is the Commonwealth, so he must disclose the payment to and work under the supervision of the Commonwealth's Attorney and not let t…
Can a criminal-defense lawyer who has entered an appearance fail to prepare and move to withdraw on the day of trial because his fee was not paid?
No. The committee concluded that once the lawyers told the court they represented the defendant and rendered services, an attorney-client relationship existed; they could not skip trial preparation an…
Can a lawyer close loans and certify documents the lender prepared, when the lawyer does not actually supervise the drafting?
No. The committee held a lawyer may certify documents under the Scrivener's Statute only if he meaningfully supervised their preparation; the arrangements here showed he did not, so he could not compl…
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 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 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 a lawyer regularly employed by a title insurance company examine titles the company is required to insure, without aiding unauthorized practice?
Yes. The committee concluded a title insurance company, like a lender, may choose its own attorney to examine title, so a lawyer regularly employed by the company who renders that legal service is not…
When a lender hires a lawyer to examine title and the borrower pays the fee, whom does the lawyer represent if the title turns out defective?
The lawyer is responsible primarily to the lender that hired him and secondarily to the borrower only insofar as the loan security is affected. The committee found no conflict-of-interest violation wh…
Can a lender's lawyer take a fee the borrower is required to pay, even though the borrower never hired that lawyer?
Yes. The committee concluded that a lawyer the lender employs to examine title is rendering a legal service to the lender, so requiring the borrower to pay that fee as a loan cost does not make the la…
Can a lawyer buy a client's tax refund at a discount and split the profit with another client who fronts the money?
No. The committee held it improper for a lawyer to buy a client's income tax refund at ninety percent of face value, funded by another client who took sixty percent of the profit, finding the practice…
Can a lawyer charge an attorney fee for an estate when a partner or relative is the administrator, and can a firm have its secretary serve as personal representative?
Yes to all four arrangements. The committee found none of them directly violated the Canons, so long as the appointment was informed, the attorney fee reflected the value of services and did not doubl…
Can a lawyer charge a workers' compensation claimant more than the fee fixed by statute?
No. The committee concluded that where a statute fixes the attorney fee for claims before the Workmen's Compensation Board and bars the Board from denying or reducing it except for solicitation, the l…
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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.