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 Kentucky lawyer join a for-profit group marketing service that sends prospective clients to participating lawyers through an 800 number or website, and how can the lawyer pay for it?
Qualified yes. The opinion concluded a lawyer may participate and pay reasonable advertising costs (including per-'hit' charges) so long as the arrangement is advertising and not a disguised for-profi…
Can a Kentucky lawyer pay a not-for-profit bar association referral service a percentage of the fee earned from a referred client, and can the service use those fees beyond its own operating costs?
Yes to both. The opinion concluded a lawyer may pay a not-for-profit bar referral service a percentage of the fee from a referred case without unlawful fee splitting, the percentage is a matter of con…
In Kentucky, is it improper solicitation for a legal-aid program to take client referrals from nonprofit service organizations, and may it take a case from someone already represented by counsel?
No improper solicitation. The opinion concluded that referrals from 501(c)(3) organizations with no pecuniary gain are not prohibited solicitation under In re Primus, and a legal-aid program may take …
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 pay into a labor union's 'Designated Counsel Group' or fund hospitality, dinners, and lodging at union functions to get on the union's referral list?
Attending union meetings and discussing members' legal rights is permitted, but paying into a Designated Counsel Group or funding hospitality, meals, lodging, or equipment to be listed appears to viol…
In Kentucky, under what conditions may a lawyer participate in a for-profit, prepaid legal services plan?
A lawyer may participate so long as the plan complies with the prepaid-plan and advertising rules; in-person or telephone solicitation of members by the plan's sales force is improper, and the plan's …
In Kentucky, may a lawyer take part in cooperative (group-paid) advertising, and may a lawyer participate in a for-profit lawyer referral service?
Cooperative advertising is permitted in qualified form (lawyers may pay for advertising, but trade names are not approved and participants share responsibility for the content), while participating in…
Can a lawyer form a title insurance company, sell an interest to someone tied to a mortgage company, and share title-policy profits in exchange for the mortgage company channeling closings to the lawyer?
No. The opinion concluded the arrangement is little more than a lawyer buying legal work, which the rules forbid (giving anything of value for recommending the lawyer's services); only the requirement…
May a Kentucky lawyer subscribe to a 'Talking Yellow Pages' telephone advertising service?
Yes. The opinion concluded a lawyer may subscribe now that the service dropped the features that made it resemble a for-profit referral service, and it directed subscribers to submit their ads to the …
Can a bar-sponsored justice center that identifies legal problems, refers people to services, and gives limited advice through supervised volunteer lawyers operate without violating the ban on corporate practice of law?
Yes. The opinion concluded the proposed Louisville Bar Association Justice Center is fully consistent with the Code, since educating the public to recognize legal problems and connecting people with c…
Can a Kentucky lawyer join a for-profit national lawyer referral service that selects the referred counsel, even if participating lawyers pay no fee?
No. Under the 1969 Code as applied literally, a lawyer may not participate in a for-profit referral service that selects referred counsel unless the service is bar-operated, sponsored, or approved, an…
Can a Kentucky lawyer provide services through, and promote, a prepaid legal services plan?
Qualified yes. A lawyer may furnish legal services to a prepaid-plan member only if the plan complies with SCR 3.476, and may conduct promotional activities only as permitted by SCR 3.476(d) and the a…
Can a lawyer who chairs the board of a counseling agency represent one spouse in a divorce after the couple was counseled at that agency and referred to him?
No. Because the lawyer-board member had access to the couple's confidential counseling file and financial information, representing one spouse against the other would let him do indirectly what he cou…
When may a legal services organization run a not-for-profit lawyer referral service, and may an attorney on its board take referrals from the service?
A not-for-profit lawyer referral service is proper if it is organized on a not-for-profit basis to help the public find counsel, is not run primarily to benefit particular lawyers, and operates consis…
Can a lawyer fund a bar lawyer referral service by paying a percentage of fees earned from referrals instead of forwarding a flat consultation fee?
Yes. The opinion concluded that a lawyer may pay an approved bar referral service a reasonable percentage of fees collected, which is a contribution to the service's expenses and not a prohibited fee …
Can a lawyer display a decal or insignia in the office showing membership in a legal services plan?
Qualified yes. A lawyer may display a decal or insignia indicating membership in a legal services plan in the office or reception area, provided the display is tactful and dignified.
Can a group legal services plan collect a legal fee for handling a workers' compensation case for one of its members?
No, at least while a prepaid fee could become a debt against the claimant's estate, because the plan would then receive part of the consideration paid for legal services, which the governing rule forb…
Can a lawyer be hired by a bail bonding company to represent a criminal defendant and negotiate a plea?
No. The committee held that a lawyer may not knowingly let a bonding company that recommends, furnishes, or pays for legal services promote the lawyer's services; bonding companies are not within the …
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 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 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 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 …
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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.