Bench & Bar

MAY 2013

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.

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PROPOSED AMENDMENTS ([b]c) New lawyers who have been admitted less than [one] (1) full educational year as of the June 30th deadline. Such members shall be subject to the [provisions of SCR 3.652] New Lawyer Program requirement, as set forth in SCR 3.640. ([c]d) Members who are at least 75 years of age or at least (50) year members, including members who will become (75) years of age and those who become (50) year members within the educational year. (2) Upon application to the Commission, the following members may be exempted from the requirements of [Rule]SCR 3.[661]645: (a) Non-practice exemption: Members who do not practice law, as defined in [Rule] SCR 3.020, within the Commonwealth and agree to refrain from such practice until the Commission approves an application for removal of the exemption. (i) Non-practice exemptions shall not be effective retroactively unless the applicant certifies that he or she has not practiced law, as defined in SCR 3.020, within the Commonwealth, for all time periods covered by such exemption. (ii) Practice of law as defined in SCR 3.020, within the Commonwealth, during the effective period of this exemption pursuant to SCR 3.665(2)(a) shall constitute the unauthorized practice of law. Information known by the Commission regarding the practice of law during any period for which a member has certified non-practice status pursuant to SCR 3.665(2)(a) is not confidential as provided by SCR 3.695 and shall be provided along with the member's continuing legal education transcript by the Director for CLE to the Office of Bar Counsel and the Inquiry Commission in writing. (iii) A member seeking removal of a non-practice exemption shall be required to file a written application with the Commission, addressed to the Director for CLE, for the removal of said exemption. Required as an attachment to the application for removal of said exemption shall be certification of completion of sufficient continuing legal education credits to meet the minimum annual continuing legal education requirement for each educational year during which he or she was exempt, excluding the current educational year. In no case shall a member be required to certify completion of more than twelve credits, including applicable ethics credits, as a condition of removal of the exemption. Timely certification shall include only continuing legal education credits earned during the current educational year and (2) prior educational years. This Rule in no way affects the member's responsibility to complete the current year minimum annual education requirement by June 30th. The current year minimum educational requirement must be completed as set forth at SCR 3.645. The member shall be notified in writing, via certified mail, of the commission's action on the application for the removal of the exemption. (iv) Application for removal of an exemption granted pursuant to SCR 3.665(2)(a) may not be made within (30) days of the granting of the exemption. (b) Hardship exemption: Members who practice law within the Commonwealth, but demonstrate that meeting the requirements of [Rule]SCR 3.[661]645 would work an undue hardship by reason of disability, sickness, or other clearly mitigating circumstances. 48 (c) Military exemption: Any member who, for any portion of an educational year, was on active duty in the United States armed forces. (3) Every member seeking an exemption from the mandatory continuing legal education requirement of [Rule] SCR 3.[661]645 pursuant to [Rule] SCR 3.[666]665(2) shall submit an application on forms provided by the Association or shall make other such written request providing information necessary for determination by the Commission of circumstances warranting exemption. B&B; • 05.13 (4) [Exemptions granted pursuant to Rule 3.666(2)(a) shall not be effective retroactively unless the applicant certifies that he or she has not practiced law, as defined in SCR 3.020, within the Commonwealth, for all time periods covered by such exemption. Members shall not practice law as defined in Rule 3.020 while said exemption is in effect. Practice of law as defined in SCR 3.020, within the Commonwealth, during the effective period this exemption pursuant to SCR 3.666(2)(a) shall constitute unauthorized practice. Information known by the Commission regarding the practice of law during any period for which a member has certified nonpractice status pursuant to SCR 3.666(2)(a) is not confidential as provided by SCR 3.690 and shall be provided along with the member's continuing legal education transcript by the Director for CLE to the Office of Bar Counsel and the Inquiry Commission in writing. (5)] Exemptions granted pursuant to [Rule]SCR 3.[666]665(2)(b) and [SCR 3.666(2)([d] (c) based on hardship [including] or military service are considered temporary in nature unless specifically designated otherwise. In order to maintain an exemption based on a temporary hardship[, including an exemption based on] or military service, annual application is necessary. Failure to so certify will result in loss of the exempt status. [(6) A member seeking removal of a non-practice exemption granted pursuant to Rule 3.666(2)(a) shall be required to file a written application with the Commission, addressed to the Director for CLE, for the removal of said exemption. Required as attachment to the application for removal of said exemption shall be certification of completion of sufficient continuing legal education credits to meet the minimum annual continuing legal education requirement for each educational year during which he or she was exempt, excluding the current educational year. The member shall be notified in writing, via certified mail, of the commission's action on the application for the removal of the exemption. In no case shall a member be required to certify completion of more than [twenty-five] (25) credit, including applicable ethics credits, as a condition of removal of the exemption. Timely certification shall include only continuing legal education credits earned during the current educational year and two prior educational years. This Rule in no way affects the member's responsibility to complete the current year minimum annual education requirement by June 30th. The current year minimum educational requirement must be completed as set forth at SCR 3.661. (7) Application for removal of an exemption as provided in SCR 3.666(6) shall be made by completion of forms provided by the Association. The application shall include certification of completion of such continuing legal education activities as required by these rules including SCR 3.661(3), SCR 3.662, SCR 3.663, SCR 3.665, or as otherwise specified by the Commission. (8) The Commission shall approve the application for removal of a non-practice exemption if it appears that the member has satisfied the requirements of this Rule. (9) Application for removal of an exemption granted pursuant to SCR 3.666(2)(a) may not be made within thirty (30) days of the granting of the exemption.] XLVIX. SCR 3.[667]670 Extension of time requirements The proposed deletion of SCR 3.667 and new rule SCR 3.670 is: (1) The time requirements associated with completion of continuing legal education and certification thereof, as set forth in [Rule]SCR 3.[661(1) and (8)]645(1), may be extended by the Commission in case of hardship or other good cause clearly warranting relief. Requests for time extensions for completion of activities or certification thereof shall be made to the Commission in writing. All requests for time extension must be received by the Commission no later than the September 10th following the end of the edu-

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