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
XLIII. SCR 3.[652]640 New Lawyer Program requirement The proposed deletion of SCR 3.652 and new rule SCR 3.640 is: (1) Within (12) months following the date of admission as set forth on the certificate of admission, each person admitted to membership in the Association shall complete the New Lawyer Program requirement. ([1]2) At least twice each educational year, the Commission shall provide or cause to be provided a New Lawyer Program of not less than [twelve and one-half (12.5)] 12 credits. The Commission may in its discretion, accredit a New Lawyer Program proposed by other CLE providers ([2]3) Continuing legal education credits for the New Lawyer Program shall be awarded in a number consistent with the award of credits for other continuing legal education programs. ([3]4) The New Lawyer Program shall include at least [two] (2) hours of ethics, a course on law practice management and other subjects determined appropriate by the Commission. ([4]5) The Commission or other provider accredited under SCR 3.[652(1)]640(2) may charge a reasonable registration fee approved by the Court for the New Lawyer Program. [(5) Within twelve (12) months following the date of admission as set forth on the certificate of admission, each person admitted to membership to the Association shall complete the New Lawyer Program.] (6) Each individual attending the New Lawyer Program shall certify to the Director for CLE the completion of the Program on the attendance certificate provided for that purpose. Such certification shall be submitted to the Director for CLE upon completion of the program and in no case shall the certification be submitted later than [thirty] (30) days after completion of the program. Continuing legal education credits awarded for the program shall be applied to the educational year in which the program is attended, and if applied to a year in which the individual so attending is otherwise exempt from CLE requirements under SCR 3.[666(1)(b)]665(c), then said credits shall carry forward in accordance with SCR 3.[661(5) and (6)]645(3). (7) A member required to complete the New Lawyer Program pursuant to paragraph ([5]1) of this Rule may, upon application to and approval by the Commission, be exempted from the requirement if the member is admitted to practice in another jurisdiction for a minimum of [five] (5) years, and will certify such prior admission to the Commission, or if the member has attended a mandatory new lawyer training program of at least [twelve and one-half (12.5)] (12) credits, including (2) ethics credits, offered by the state bar association of another jurisdiction and approved by the Director for CLE. (8) The time for completion and certification set forth in paragraphs ([5]1) and (6) of this Rule may, upon written application to and approval by the Commission or its designee, be extended. Written applications for an extension under this paragraph must be received by the Commission no later than [thirty] (30) days after the member's deadline to complete the Program as set forth in paragraph ([5]1) of this Rule. All applications must be signed by the member. The Commission may approve extensions for completing the Program under the following circumstances: (a) Where the member demonstrates hardship or other good cause clearly warranting relief. Requests for relief under this subsection must set forth all circumstances upon which the request is based, including supporting documentation. In these circumstances, the member shall complete the requirement set forth in paragraphs ([5]1) and (6) as soon as reasonably practicable as determined by the Commission or its designee; or (b) Where the member fails to demonstrate hardship or other good cause clearly warranting relief, the member must pay a fee of [two hundred fifty dollars] ($250.00) and complete the requirement set forth in paragraphs ([5]1) and (6) at the next regularly scheduled New Lawyer Program. (9) Non-compliance with the New Lawyer Program requirement: Failure to complete and certify attendance for the New Lawyer Program pursuant to [paragraphs (5), (6), or (8) of] this Rule shall be grounds for suspension from the practice of law in the Commonwealth or other sanctions as deemed appropriate by the [Court] Board. (a) Ninety [(90)] days prior to the end of the [twelve] (12) month period all individuals not certifying completion of the New Lawyer Program pursuant to [paragraphs (5), (6) or (8)] this Rule shall be notified in writing that the program must be completed before the end of the [twelve] (12) month period, indicating the date. (b) Names of all individuals not submitting certification of completion of the New Lawyer Program within the [twelve] (12) month period or not being granted an extension of time, pursuant to paragraph (8) of this Rule, shall be submitted to the [Court] Board by the Director for CLE, certifying the member's failure to comply with the New Lawyer Program requirement. (c) [The Clerk shall docket the matter and] [t]The [Court] Board shall cause to be sent to the member a notice of delinquency by certified mail, return receipt requested, at the member's bar roster address. Such notice shall require the attorney to show cause within (30) days from the date of the mailing why the attorney's license should not be suspended for failure to meet the New Lawyer Program requirement set forth in this Rule. Such response shall be in writing, sent to the attention of the Director of CLE, and shall be accompanied by costs in the amount of ($50.00) payable to the Kentucky Bar Association [issue each such member a rule returnable within twenty (20) days thereafter to show cause why the member should not be suspended from the practice of law or otherwise sanctioned as deemed appropriate by the Court. The Commission shall be permitted to file a reply within ten (10) days following the filing of a response by a member]. (d) Unless good cause is shown by the return date of the [rule] notice, or within such additional time as may be allowed by the [Court] Board, the lawyer will be stricken from the membership roster as an active member of the KBA and will be suspended from the practice of law or will be otherwise sanctioned as deemed appropriate by the Board [an Order shall be entered suspending respondent from the practice of law or imposing such other sanctions as may be deemed appropriate by the Court]. A copy of the suspension notice shall be delivered by the Director of CLE [An attested copy of the Order shall forthwith be delivered by the Clerk] to the member, the [Director for CLE] Clerk of the Kentucky Supreme Court, and in the case of suspension, to the Circuit Clerk of the district wherein the member resides for recording and indexing as required by SCR 3.480. (e) A member suspended under this Rule may apply for restoration to membership under the provisions of SCR 3.500. B&B; • 05.13 43 (3) Members may attend Kentucky Law Update seminars in any location. The maximum credit that may be earned for attending any [one] (1) Kentucky Law Update seminar is [twelve (12. 5)] 12 credits. However, if different tracks of programs are attended at different locations, additional credit may be approved by the Commission. [Pursuant to Rule 3.664 (1)] [d]Duplicate credits shall not be earned by attending the same program at [a] different locations.