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
BAR NEWS KBA ETHICS OPINIONS UPDATED Since 1962, the Board of Governors of the Kentucky Bar Association has approved nearly 440 formal ethics opinions. The earliest opinions were decided under the Canons of Professional Ethics, which were in effect from 1946-1971. In addition, some 300 opinions were rendered under the old Code of Professional Responsibility in effect from 1971 to 1990. More recently, there are approximately 100 opinions rendered under the Rules of Professional Conduct, which became effective in 1990 and were substantially amended in 2009. Because these opinions were decided using different codes, many do not reflect the current minimum standards of professional practice mandated by the Kentucky Rules of Professional Conduct. Some opinions are obsolete, some are misleading, some are just plain wrong – a few are even amusing. The Ethics Committee thought it was important to update the opinions, to the extent reasonably practicable, short of completely rewriting each one. Over the course of 18 months, the committee reviewed all of the existing opinions in an effort to identify those that no longer provide useful guidance to members of the bar. The committee's recommendations were presented to the Board of Governors late last year and ultimately approved in March. Changes to the existing opinions fall into one of several categories: • Opinions that are clearly wrong or seriously misleading have been withdrawn. • Opinions that are obsolete have been withdrawn. • Retained opinions, rendered under the Code of Professional Responsibility, contain a note cautioning lawyers against relying on an old opinion without checking the requirements of the current rules. The note provides a link to the current rules. In the case of advertising opinions, the note refers not only to the rules, but also to the Attorneys' Advertising Commission Regulations. • Opinions rendered under the Rules of Professional Conduct (approximately 100) contain a general cautionary note. In some cases the note also directs the reader to amendments to the Rules of Professional Conduct applicable to the question. Opinions relating to lawyer advertising also refer to the Attorneys' Advertising Commission Regulations. Again, a link to the rules is provided. Some editorial changes have been made. For example, the characterization of repealed opinions varied; some were "reversed" or "replaced," while others were "overturned." All such opinions are now described as "withdrawn." The following opinions have been withdrawn by the Board of Governors: KBA E-2, KBA E-4, KBA E-8, KBA E-9, KBA E-10, KBA E-15, KBA E-19, KBA E-33, KBA E-35, KBA E-36-A, KBA E-41, KBA E-49, KBA E51, KBA E-52, KBA E-53, KBA E-57, KBA E58, KBA E-59, KBA E-63, KBA E-70, KBA E77, KBA E-79, KBA E-81, KBA E-87, KBA E98, KBA E-100, KBA E-103, KBA E-108, KBA E-109, KBA E-112, KBA E-117, KBA E- 120, KBA E-122, KBA E-124, KBA E-130, KBA E-132, KBA E-142, KBA E-144, KBA E149, KBA E-156, KBA E-162, KBA E-164, KBA E-169, KBA E-170, KBAE-184, KBA E185, KBA E-192, KBA E-197, KBA E-209, KBA E-218, KBA E-226, KBA E-228, KBA E234, KBA E-240, KBA E-253, KBA E-254, KBA E-267, KBA E-270, KBA E-273, KBA E305, KBA E-309, KBA E-310, KBA E-324, KBA E-328 and KBA E-354. All updated ethics opinions will be available on the Kentucky Bar Association's website at www.kybar.org/246. The Rules of Professional Conduct (SCR 3.130) are available at www.kybar.org/237. UNIVERSITY OF LOUISVILLE STUDENT BAR ASSOCIATION TO HOST GOLF SCRAMBLE The University of Louisville Student Bar Association has rescheduled its Andrew Young Memorial Golf Scramble for Saturday, October 19, at Fuzzy Zoeller's Covered Bridge Golf Course in Sellersburg, Ind. This four-man, best-ball golf scramble will begin at 9 a.m. with registration and practice. Early Registration Available 58 Early registration is $600, May-July; and $700, August-October. The registration cost includes golf, range balls, lunch, and a goody bag. Prizes include low round; longest drive; closest to the pin and hole-in-one. All proceeds will benefit students through an immediateuse fund available at the discretion of the student bar association. (Short and long-term projects will be discussed.) For more information and to enter, contact Christy Ferko at christy.ferko@gmail.com. B&B; • 05.13