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…
Can a Kentucky government agency's lawyer answer questions from the public about the agency's rules without crossing into giving legal advice?
Qualified yes. With the agency's consent, an agency lawyer may give a non-client general information about the agency's procedures, rules, and options, but may not advise which option to choose, and m…
In Kentucky, can a criminal defense lawyer advise a client to accept a plea deal that waives the right to claim ineffective assistance of counsel, and can a prosecutor offer one?
No to both. The opinion concluded that advising a client on a plea waiver of ineffective-assistance claims creates a non-waivable conflict of interest for defense counsel, and that a prosecutor who pr…
In Kentucky, could a part-time Commonwealth Attorney, or a member of the firm, represent a landowner in a condemnation action brought by the state?
No. The opinion concluded the representation is barred by KRPC 1.7 because the Commonwealth Attorney's client is the Commonwealth and the landowner's position is directly adverse to it, with the disqu…
In Kentucky, may prosecutors meet with judges to develop informal policies or shared understandings on issues likely to influence outcomes in pending or future criminal cases?
No. The opinion concluded that such meetings are improper ex parte communications under KRPC 3.5, because they address issues likely to influence case outcomes; inviting the defense bar does not cure …
In Kentucky, could a part-time prosecutor represent the respondent in a civil domestic violence order (DVO) proceeding?
The opinion concluded a part-time prosecutor could not represent a DVO respondent, because the proceeding is so intertwined with the criminal system that it materially limited the prosecutor's duties …
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, may the law partner of a prosecutor represent criminal defendants, even in a different county, even without sharing fees, and even if the firm does not advertise the prosecutor connection?
No. The opinion concluded that because a prosecutor cannot represent criminal defendants under KRPC 1.7, the prosecutor's law partner is imputed-disqualified under KRPC 1.10, and the conflict cannot b…
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 who serves as a part-time hearing examiner for a city Human Rights Commission still represent clients before that Commission in unrelated cases?
Yes. The opinion concluded the lawyer may continue to represent clients before the Commission in matters unrelated to those in which the lawyer participated as hearing examiner, by analogy to a part-t…
In Kentucky, may a criminal-defense firm pay a salary supplement to subsidize a new lawyer's two-year term with the prosecutor's office before the lawyer joins the firm?
No to the subsidy. The opinion concluded that a defense firm's $10,000 salary supplement subsidizing the prosecutor's office raised ethical problems, though the firm could conditionally hire the lawye…
In Kentucky, if a lawyer is a city alderman, may other members of the lawyer's firm represent clients before the local planning commission?
Yes, with safeguards. The opinion concluded firm members are not disqualified if the alderman is not on the relevant zoning committee, recuses from related votes and appointments, and the firm uses ap…
In Kentucky, may a lawyer or firm that does civil contract work for a city department defend criminal cases arising in that city?
Yes. The opinion concluded that occasional civil contract work for a city, unlike serving as the city attorney, does not by itself disqualify a lawyer or firm from criminal defense in that city, unles…
In Kentucky, may a law firm that includes a part-time lawyer who is also a full-time police officer defend criminal cases in the jurisdiction where that officer serves?
No. The opinion reaffirmed KBA E-137 that a firm with a lawyer who is also a full-time police officer may not defend criminal cases arising in the jurisdiction where that officer exercises police powe…
In Kentucky, may a private lawyer who represents a state agency under contract take a case against that same agency, or against a different state agency?
No against the agency the lawyer represents (and the disqualification is imputed to the firm), but yes against a different state agency with the consent of both the client agency and the private clien…
In Kentucky, did adopting the Rules of Professional Conduct overturn the rule that a prosecutor and the prosecutor's firm cannot try defendants the prosecutor is suing in civil litigation?
No. The opinion concluded the 1990 Rules did not overturn the prior opinions and decisions; a prosecutor still should not try a defendant the prosecutor is embroiled with in civil litigation, and the …
In Kentucky, may a city attorney who has no prosecutorial duties and does not advise the police defend criminal cases involving the city's police?
No. The opinion maintained a bright-line bar: a city attorney may not defend criminal cases involving the city police, even without prosecutorial duties or a special contractual waiver.
In Kentucky, if a lawyer sits on a zoning board or planning commission, may the lawyer's partners or associates represent clients before that board?
No. The opinion concluded that a lawyer who sits on a zoning board may not appear before it, and that the lawyer's partners and associates are likewise disqualified, even if the member-lawyer recuses.
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 lawyer for a government agency impose a blanket veto that bars an opposing lawyer from contacting any agency employee outside the government lawyer's presence?
No. The opinion concluded the no-contact rule (DR 7-104(A)(1)) does not let government counsel veto all informal contacts; it does not reach employees who lack power to bind the agency or hold no conf…
Can the law partner of an assistant county attorney defend a criminal case in another court, or represent in a civil matter someone being prosecuted by that office?
No to both. The opinion concluded that partners and associates of an assistant county attorney may not act as criminal defense counsel anywhere in the state, and may not take a civil matter for a pers…
Can client consent or screening let a former judge's law firm work on a matter in which the judge ruled on the merits while on the bench?
Qualified yes. The former judge personally still cannot represent a party in a matter he ruled on, but his firm may participate where all parties consent or the court approves, and the firm screens th…
When a law firm partner is elected to Congress, can the firm keep that partner's name on its firm name and letterhead?
Yes, but only if the member of Congress continues to actively and regularly practice law as a member of the firm; otherwise the name must be removed, and the firm and lawyer must avoid any suggestion …
Can a Commonwealth Attorney represent a party in a contested custody case, and must he withdraw if the other side seeks a criminal complaint?
Yes, he may take the custody case where no criminal warrant has issued; if the opposing party later seeks but is refused a criminal complaint, continued representation is a qualified yes, and automati…
Can a lawyer under a personal-service contract with a state agency also represent a client against that same agency, or against a different state agency?
No against the same agency: the lawyer is precluded from acting against an agency he is under contract to, and consent cannot cure it. Against a different agency it is a qualified no, permitted only w…
Can a part-time Commonwealth or county attorney maintain a private civil practice, and when is the prosecutor (and the firm) disqualified?
Qualified yes. The opinion concluded that a part-time prosecutor may keep a private civil practice in matters unconnected to possible criminal litigation, but is disqualified (along with partners and …
Can a lawyer who is under retainer or contract to a city sue that city in an unrelated matter while still representing it?
No. A lawyer cannot serve two masters at once; continuing to be employed by the city while suing it, even in an unrelated matter, creates a conflict and an appearance of impropriety.
Can a Kentucky county judge/executive practice criminal law as a special prosecutor or defense attorney in that county's courts?
Qualified yes. After the statute regulating county judges' law practice was repealed, the office is treated like any other county office; the practice is permissible so long as it does not conflict wi…
Can a lawyer who serves as a part-time domestic relations trial commissioner also represent private clients in domestic relations cases in the same circuit?
No. A trial commissioner is a judicial officer, and combining that role with private advocacy in domestic relations matters in the same circuit creates an appearance of impropriety barred by Canon 9 a…
Is a legislator-lawyer who shares offices with lawyers handling Special Fund workers' compensation cases violating ethics rules?
Qualified no. On the facts given, no per se violation appears, but the office-sharing lawyers are treated as partners for confidentiality and conflict purposes, and the legislator must not use his pub…
Can the Attorney General prosecute someone who was a codefendant with the Commonwealth in a related civil case the AG handled?
No. The committee found an appearance of impropriety where the AG, having represented the Commonwealth as a civil codefendant, also pursues the related criminal case, though the AG may direct another …
If a lawyer shares offices with a part-time assistant county attorney, can his office-mate take criminal or bastardy cases in that county?
Under this 1977 opinion, no to defending criminal cases or taking bastardy matters where the county's interest differs, even if the assistant is not personally involved; a narrow exception allowed con…
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 an assistant county attorney or his law partners defend criminal cases in the county where he serves?
No. An assistant county attorney may not defend criminal cases in his own county's courts, and because the assistant is disqualified, his partners are disqualified as well.
Can a lawyer who shares office space with the county attorney take cases against the county or defend criminal cases there?
Under this 1977 opinion, no to representation adverse to the county, and a qualified no to defending criminal cases in the attorney's own county; the KBA later modified it (E-243) and overruled it (E-…
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 newly appointed magistrate or justice of the peace finish defending criminal cases he took on before taking the bench?
No. The committee held that a magistrate may not represent defendants in criminal cases in any court of criminal jurisdiction, so he may not complete a criminal defense begun before his appointment.
Can a lawyer be city attorney while a law partner represents the county planning and zoning commission?
Qualified yes. The committee saw no inherent conflict between a city and a county planning and zoning commission, but said its answer could differ if their interests became adverse in a particular cas…
Can a lawyer who has a victim's wrongful-death case also help the Commonwealth's attorney prosecute the murder without dropping the civil case?
Qualified yes. The committee allowed it where the lawyer merely assists and the Commonwealth's attorney keeps complete control of the prosecution, so the public role cannot be used to build or advanta…
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 lawyer who shares office space with a trial commissioner defend criminal cases in other courts in the same county?
Qualified yes. The lawyer may take criminal cases except those tried or examined before the office-sharing commissioner, or any case in which the legality of the commissioner's acts may foreseeably be…
Can a county attorney represent residents challenging a county contract that predates his taking office?
No. The committee held that the county is entitled to the county attorney's independent judgment about the contract, and his judgment for the county would be adversely affected if he represented resid…
Can a lawyer in private practice list a public office, such as county judge, on the firm letterhead?
No. The committee answered that a lawyer may not reference a position as county judge or other public official on private-practice letterhead, resting on the earlier Opinion KBA E-84.
Can a lawyer who serves as a police officer and legal adviser to a county police department also defend criminal cases and handle car-accident matters in private practice?
No to criminal defense anywhere; the same bar that applies to prosecutors applies to the lawyer-officer and the firm. Car-accident cases are allowed only outside the department's territory and only un…
Can a part-time U.S. Magistrate represent local governments and agencies on a retainer when he could later have to disqualify himself?
Qualified yes. The committee concluded a part-time U.S. Magistrate may represent local governmental organizations and agencies in civil matters on a retainer, except in matters that may come before hi…
Can a county judge furnish probate and final-settlement forms to personal representatives, and can his clerks fill them out?
The committee concluded a county judge who is a lawyer may furnish blank form petitions and a settlement format, but neither he nor his lay clerks may prepare or help prepare the petitions and settlem…
Can a lawyer who occasionally sits as county judge pro tempore still defend criminal cases in the county's quarterly and circuit courts?
No bar in this case. The committee concluded that a lawyer who sits as county judge pro tem only about two weeks a year is not subject to the restrictions placed on a regular county judge, except that…
Can the law partners and associates of a part-time U.S. Magistrate defend criminal cases in state court?
Qualified yes. The committee concluded that a part-time U.S. Magistrate, and therefore his partners, associates, and employers, may defend criminal cases in state court, except where the facts indicat…
Can a county attorney also serve as attorney for a fourth-class city in the same county, or share an office with the city's attorney?
Qualified yes. The committee concluded a county attorney may also represent a fourth-class city in his county, and may share an office with or be the partner of the city attorney, but if an actual con…
Can a county attorney share an office with a city police court judge?
No. The committee held that a lawyer sharing offices with a police judge cannot prosecute cases originating before that judge, and a county attorney's prosecutorial duties would force him to abdicate …
Can a law firm appear before a state board when one of its members serves as the board's director?
No. The committee held that because the Director can exercise considerable influence over cases before the Workmen's Compensation Board, the firm's members and associates may not practice before it wh…
Can a lawyer who serves as a Quarterly Court trial commissioner in one county defend a criminal case in a different county?
Yes. The committee held the bar on a subordinate-court judge defending criminal cases is limited to his own county, and the appearance-of-impropriety concern does not reach a commissioner practicing e…
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 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 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 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 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…
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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.