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 former government lawyer in Kentucky disclose information, or testify as a fact or expert witness, about a matter they handled in office?
For a matter the lawyer personally and substantially participated in as a government officer or employee, the lawyer may disclose information or serve as a fact or expert witness only with the appropr…
After a client dies, can a Kentucky lawyer reveal the client's confidential information or waive the attorney-client privilege?
Yes to both, within limits. The lawyer may reveal information when reasonably believed necessary to carry out the purposes of the representation, and both the lawyer and the decedent's personal repres…
Can a Kentucky lawyer reveal client confidential information to respond to a former client's negative online review or public criticism?
No. The self-defense exception in Rule 1.6(b)(3) is triggered by formal claims or disciplinary complaints, not by public or internet criticism, so a lawyer may not disclose client confidences to answe…
Can a Kentucky lawyer post about a current or former client, or name the client, on a blog or social media without consent, and does a public record change that?
No. Without client consent a lawyer may not reveal information relating to the representation, or the client's identity, on a blog or social media, and there is no exception just because the informati…
When Kentucky law firms discuss a merger, or a lawyer moves laterally, what client information can be shared for a conflicts check without client consent?
Firms and lateral lawyers may exchange basic client information (names, current/former status, adverse parties, and if needed a brief description of the matter) to check conflicts, but not privileged …
In Kentucky, is a lawyer imputedly disqualified when an office-mate previously represented a former client whose interests are adverse in the same or a substantially related matter?
The opinion concluded that if the office-sharing arrangement resembles a firm, the lawyer is imputedly disqualified under KRPC 1.9 and 1.10 unless the former client consents after consultation, or the…
In Kentucky, may a Department of Public Advocacy lawyer negotiate for future employment with a prosecutor's office?
The opinion concluded a public advocate may not negotiate employment with any office that is a party or counsel in a matter the lawyer is handling personally and substantially (an absolute bar under K…
In Kentucky, may a lawyer negotiate for a job with the firm representing the adverse party in a matter, and must the negotiations be disclosed to the lawyer's client?
The opinion concluded that a lawyer actually working on the matter, or who has protected client information under KRPC 1.9/1.10, may not negotiate with the opposing firm without the client's consent; …
In Kentucky, may a former in-house lawyer represent a client against the former corporate employer in a matter substantially related to the lawyer's in-house work?
No. The opinion concluded that an in-house lawyer represents the entity as a client, so the former in-house lawyer owes the same former-client duties as any lawyer and may not, under Rules 1.9 and 1.1…
Can a Kentucky lawyer who defended a criminal defendant later represent the victim of that crime before the Crime Victims Compensation Board?
No. The opinion concluded that the later representation of the victim is substantially related to the earlier defense of the accused, creating a conflict of interest that client consent cannot cure.
If a Kentucky lawyer did estate planning for a married couple, can the lawyer later represent one spouse in their divorce?
Qualified yes. The opinion concluded it depends on how the estate plan was done: if the couple met jointly, confidences were shared and the lawyer may represent one spouse, but if the lawyer met them …
After leaving a government agency, can a lawyer take private work on a matter pending at that agency?
It depends on involvement. The lawyer may take the matter if he gained no substantial knowledge of it in government service, but not if he gained substantial knowledge of it or performed any act on it…
If a lawyer filed a joint petition for an uncontested divorce, can the lawyer later take one spouse's side when the parties turn adversarial?
No. Once the parties become adversarial, one of them is a former client of the lawyer who would now be opposed in the same action, raising a serious risk of disclosing confidences and prejudicing the …
After a lawyer certifies a title as clear of liens for one client, can the lawyer take on a second client to file a lien that predated that certification?
No. The lawyer may not accept the second client's employment, because asserting a lien that existed before the lawyer's own title certification to the first client conflicts with the work the lawyer d…
After withdrawing from representing a corporation, can a lawyer sue that corporation on behalf of a former officer and stockholder?
Only sometimes. The lawyer may not take the new case if it concerns, is substantially related to, or involves information from the former corporate representation; otherwise the lawyer may proceed.
Can a lawyer who has done work for a bank for years, without a retainer, take a case against the bank in an unrelated matter?
Yes. The committee held that, absent a continuing retainer, prior representation in unrelated matters does not bar adverse employment, and the frequency or length of past work does not change that.
Can a former assistant prosecutor defend a criminal case that arose during his tenure if he never worked on it and had no access to confidential information?
Yes. The committee held the former-public-employee bar reaches only matters the lawyer actually worked on or supervised, and the confidence bar reaches only matters he had access to, neither of which …
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 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 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 former judge appear as a lawyer in a case that was pending in his court if he never ruled on its merits?
Yes. The committee concluded that a circuit judge who left office could appear as an attorney in a case filed in his court while he sat, provided he had not acted on the merits and ruled only on perfu…
Can a lawyer who drafted and witnessed a will later represent heirs trying to defeat that will in probate?
No. The committee concluded under Canon 6 that a lawyer who prepared and witnessed a will may not represent the next of kin in opposing its probate, because a lawyer should not attempt to nullify his …
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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.