The Bench & Bar magazine is published to provide members of the KBA with information that will increase their knowledge of the law, improve the practice of law, and assist in improving the quality of legal services for the citizenry.
Issue link: https://kentuckybenchandbar.epubxp.com/i/132126
or without conditions. If an attorney is restored to active status, any disciplinary proceedings that have been stayed will be resumed. SCR 3.040(4) Dues: date of payment and amount [(10) Printing and purchasing shall be regulated by procedures established through the Administrative Office of the Courts.] The proposed amendments to section (4) of SCR 3.040 are: (4) Unless the member has been classified under Senior Retired Inactive Member pursuant to SCR 3.030(4) or Disabled Inactive Member pursuant to SCR 3.030(5), [Any] the member [of the bar] may apply in writing to the Kentucky Bar Association to be relieved of the payment of dues by reason of undue hardship arising from disability, sickness or financial condition. The application shall be copied to the Governors from the district in which the attorney lives, who may or may not recommend in writing to the President that such relief be granted, giving the reasons therefor. Thereupon the President shall have the authority to rule on the application and to notify the Treasurer by written order that the attorney is relieved of the payment of dues. The President shall file the order with the registrar along with the recommendation(s) of the Governor(s). X. XIII. SCR 3.130(1.15)(b) and (c) Safekeeping property The proposed amendments to sections (b) and (c) of SCR 3.130(1.15) are: (b) Upon receiving funds or other property in which a client [or third person] has an interest, a lawyer shall promptly notify the client [,third person, or both in the event of claims by each to the property]. Except as stated in this Rule or otherwise permitted by law or by agreement with the client [third person, or both in the event of a claim by each to the property] a lawyer shall promptly deliver to the client [or third person] any funds or other property that the client [or third person] is entitled to receive and, upon request by the client [or third person], shall promptly render a full accounting regarding such property. (c) When in the course of representation a lawyer is in possession of funds or other property in which [two or more persons (one of whom may be the lawyer)] the lawyer and client claim interests and are not in agreement regarding those interests, the funds or other property in dispute shall be kept separate by the lawyer until the dispute is resolved. The lawyer shall promptly distribute all portions of the funds or other property in [as to] which the interests are not in conflict [dispute]. SCR 3.060(1)(h),(i) and (j) Records to show status of members The proposed amendments to subsections (h), (i) and (j) of section (1) of SCR 3.060 are: (1)(h) Disciplinary complaints filed [with the director] pursuant to Rule 3.160(1) against attorneys that have been dismissed by the Inquiry [tribunal] Commission shall be maintained [by the director] for a period of [one] (1) year after final disposition of the complaint. XIV. SCR 3.130(3.4)(g)(1) Fairness to opposing party and counsel (i) Those records which are disciplinary complaints against attorneys that have resulted in discipline of attorneys shall be maintained [by the director] until [five] (5) years after the death of the attorneys. (j) At the end of the period stated in paragraphs (h) and (i) of this rule, [the director shall destroy] the described complaints and/or records shall be destroyed. XI. SCR 3.070 The board; functions and membership The proposed amendments to SCR 3.070 are: (1) the person is a relative or agent who supervises, directs or regularly consults with the client concerning the matter or has authority to obligate the client with respect to the matter; and XV. SCR 3.130(7.02)(1)(a) and (f) Definitions The proposed amendments to subsections (a) and (f) of section (1) of SCR 3.130(7.02) are: The proposed amendments to section (1) and deletion of section (10) of SCR 3.120 are: (1)(a) A professional card of a lawyer identifying the lawyer by name and giving the lawyer's address(es), telephone number(s), fax number(s), e-mail address(es), website, jurisdictions in which the lawyer is licensed to practice, foreign language skills, office hours, additional office location(s), length of time practicing, photograph of lawyer with no accompanying scene in the background, and the designation of a law firm as a "debt relief agency" as required by the Bankruptcy Abuse Prevention and Consumer Protection Act [11 USC §528(b)(1)(a)(b)], but no other information. A professional card of a law firm may also give the names of members and associates, and jurisdictions in which the lawyers are licensed to practice. (1) The dues and bar registration fees prescribed in Rule 3.040 shall constitute a general fund to provide for the ordinary and necessary expenses of the operation of the Kentucky Bar Association, including, as appropriate, compensation of employees; expenses of the Board and officers; publications; maintenance of the client's security fund and the bar center fund and the discharge of the disciplinary, educational and other functions specified by these rules. Other fees, subscriptions, and contributions authorized by these Rules or approved by the court shall constitute a special fund or funds to provide for the specific purpose or purposes of each such collection including the annual [and midyear] conventions and other undertakings for which specific collections are authorized. Excesses in the special fund may be transferred to the general fund on (f) A letterhead of a lawyer or law firm containing addresses, telephone numbers, fax numbers, email addresses, website, the name of the law firm, associates, and the jurisdictions in which the lawyers are [is] licensed to practice. A letterhead of a law firm may also give the names of members and associates, and names and dates relating to deceased and retired members. A lawyer may be designated "Of Counsel" on a letterhead if there is a continuing relationship with a lawyer or law firm, other than as a partner or associate. A lawyer or law firm may be designated "General Counsel" or by similar professional reference on stationery of a client if the lawyer or the firm devotes a substantial amount of professional time in the representation of that client. The letterhead of a law firm may give the names and dates of predecessor firms in a continuing line of succession. The Board is the governing body of the Association and the agent of the Court for the purpose of administering and enforcing the Rules. It shall consist of the President, the President-Elect, the Vice President, the immediate Past President, the Chair of the Young Lawyer's [Section] Division, and [two] (2) attorneys elected from the membership of the Association in each appellate district of the state as presently existing or hereafter created. XII. The proposed amendments to subsection (1) of section (g) of SCR 3.130(3.4) are: SCR 3.120(1) and (10) Fiscal provisions B&B; • 05.13 37 IX. order of the Board. Voluntary section or division funds or contributions may be retained by the sections or divisions annually with the approval of the Board.