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/213936
SCR 3.120(1) and (10) Fiscal provisions terhead 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. Section (1) and deletion of section (10) of SCR 3.120 shall read: (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 conventions and other undertakings for which specific collections are authorized. Excesses in the special fund may be transferred to the general fund on 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. [(10) Printing and purchasing shall be regulated by procedures established through the Administrative Office of the Courts.] XIII. XVI. Section (2) of SCR 3.130(7.06) shall read: (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)(4). XVII. (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. Sections (b) and (c) of SCR 3.130(1.15) shall read: XIV. SCR 3.130(3.4)(g)(1) Fairness to opposing party and counsel Subsection (1) of section (g) of SCR 3.130(3.4) shall read: (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 Subsections (a) and (f) of section (1) of SCR 3.130(7.02) shall read: (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" 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. (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 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 let- SCR 3.130(7.09) Comment (3) Direct contact with potential clients Section (3) of the Supreme Court Commentary to SCR 3.130(7.09) shall read: Supreme Court Commentary SCR 3.130(1.15)(b) and (c) Safekeeping property (b) Upon receiving funds or other property in which a client has an interest, a lawyer shall promptly notify the client. Except as stated in this Rule or otherwise permitted by law or by agreement with the client a lawyer shall promptly deliver to the client any funds or other property that the client is entitled to receive and, upon request by the client, 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 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 which the interests are not in conflict. SCR 3.130(7.06)(2) Advisory opinions XVIII. SCR 3.130(7.20)(3), (5) and Comment (6) Advertising 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) shall read: (3) Any communication made pursuant to these Rules shall include: the name of at least 1 lawyer licensed in Kentucky; or the name of a law firm any of whose partners, or lawyers with an ownership interest are licensed in Kentucky. The lawyer or lawyers licensed in Kentucky shall be responsible for the content 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. 45 XII. B&B; • 11.13