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
PROPOSED AMENDMENTS XVI. SCR 3.130(7.06)(2) Advisory opinions false or with reckless disregard as to its truth or falsity concerning the qualifications or integrity of a judge, adjudicatory officer or public legal officer, or of a candidate for election or appointment to judicial or legal office. The proposed amendments to section (2) of SCR 3.130(7.06) are: (2) If a lawyer has received an advisory opinion that an advertisement complies with the Advertising Rules and Advertising Regulations, that lawyer shall not be disciplined for any use of that advertisement, except as otherwise provided in SCR 3.130(7.06)[6](4). (b)] A lawyer who is a candidate for judicial office shall comply with the applicable provisions of the Code of Judicial Conduct. Supreme Court Commentary XVII. SCR 3.130(7.09) Comment (3) Direct contact with potential clients [1] [Assessments by lawyers are relied on in evaluating the professional or personal fitness of persons being considered for election or appointment to judicial office and to public legal offices, such as attorney general, prosecuting attorney and public defender. Expressing honest and candid opinions on such matters contributes to improving the administration of justice. Conversely, false statements by a lawyer can unfairly undermine public confidence in the administration of justice. The proposed amendments to section (3) of the Supreme Court Commentary to SCR 3.130(7.09) are: Supreme Court Commentary (3) The rule's subsection (3) permits solicitations otherwise prohibited by the rule where the solicitation is not significantly motivated by the lawyer's pecuniary gain, in compliance with In re Primus, 436 U.S. 412 (1978); Ohralik v. Ohio State Bar Ass'n, 436 U.S. 447 (1978); and NAACP v. Button, 371 U.S. 415 (1963). There is far less likelihood that a lawyer would engage in abusive practices in situations in which the lawyer is motivated by considerations other than the lawyer's pecuniary gain. Also, subsection (3) is not intended to prohibit a lawyer from participating in constitutionally protected activities of public or charitable legal service organizations or bona fide political, social, civic, fraternal, employee or trade organizations whose purposes include providing or recommending legal services to its members or beneficiaries. XVIII. SCR 3.130(7.20)(3), (5) and Comment (6) Advertising The proposed amendments to sections (3) and (5) of SCR 3.130(7.20) and new section (6) of the Supreme Court Commentary of SCR 3.130(7.20) are: (3) Any communication made pursuant to these Rules shall include: the name of at least [one] (1) lawyer licensed in Kentucky[,]; or the name of a law firm any of whose [members] partners, or lawyers with an ownership interest are licensed in Kentucky[,]. The lawyer or lawyers licensed in Kentucky shall be responsible for [it's] the content[s] of the advertisement. (5) If a lawyer or a law firm advertises legal services and a lawyer's name or image is used to present the advertisement, the lawyer must be the lawyer who will actually perform the service advertised unless the advertisement prominently discloses that the service may be performed by other lawyers. If the lawyer whose name or image is used is not licensed to perform the services in Kentucky, such fact shall be disclosed in the advertisement. If the advertising lawyer or firm is advertising for clients for the purpose of referring the client to another lawyer or firm, that fact must be disclosed prominently in the advertisement. Supreme Court Commentary (6) Pursuant to SCR 3.130(5.1), it is the responsibility of partners, lawyers with an ownership interest in the firm and lawyers who possess managerial authority in the firm, to ensure that the firm has measures in place to assure conformance with the Rules of Professional Conduct. 38 XVIX. SCR 3.130(8.2)(a) and (b) and Comments (1), (2) and (3) Judicial and legal officials The proposed amendments to sections (a) and (b) of SCR 3.130(8.2) and sections (1), (2) and (3) to the Supreme Court Commentary of SCR 3.130(8.2) are: [(a) A lawyer shall not make a statement that the lawyer knows to be B&B; • 05.13 [2]] When a lawyer seeks judicial office, the lawyer should be bound by applicable limitations on political activity. [[3]2] To maintain the fair and independent administration of justice, lawyers are encouraged to continue traditional efforts to defend judges and courts unjustly criticized. XX. SCR 3.160(3)(C) Initiation of disciplinary cases The proposed amendments to subsection (C) of section (3) of SCR 3.160 are: (3)(C) After review and such preliminary investigation as may reasonably be necessary, the Office of Bar Counsel may attempt informal resolution and subsequently close the Complaint. If the acts or course of conduct complained of merit referral under 3(A)(ii)-(vi)[(vii)], and do not warrant a greater degree of discipline, the Office of Bar Counsel may issue a warning letter, which will be maintained in the investigative file of the Office of Bar Counsel but not be considered as discipline, or it may recommend remedial ethics, related legal or management education programs, fee arbitration, or KYLAP, completion of which would result in the complaint being dismissed. XXI. SCR 3.175(1)(b), (c), (d), (e) and (3) Efficient enforcement; notice of attorney's address The proposed amendments to subsections (b), (c), (d) and (e) of section (1) of SCR 3.175 are: (1) (b) maintain with the Director a valid email address and shall upon change of that address notify the Director within (30) days of the new address; [(b)](c) include his or her [five] (5) digit member identification number in all communications to the Association including, but not limited to, any and all communications relating to his or her membership status, membership record, dues obligations, compliance with continuing legal education requirements or disciplinary proceedings in which he or she is a respondent. [(c)](d) If the member provides a Post Office address, he or she must also provide a current address for service of process. [(d)](e) Failure to maintain a current address which allows for physical service of process with the Director may be prosecuted in the same manner as a violation of the Rules of Professional Conduct. (3) After July 1, 2004, the Association may reject any communication to the Association which fails to comply with paragraph (1)[b](c) of this Rule 3.175, provided that a member's failure to include his or her member identification number in a document shall not result in a default in any disciplinary proceeding.