Bench & Bar

JAN 2014

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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KENTUCKY BAR ASSOCIATION RULES OF THE SUPREME COURT OF KENTUCKY PRACTICE OF LAW (1) In order to facilitate the efficient enforcement of the Kentucky Rules of Professional Conduct, the rules of the Continuing Legal Education Commission, the dues obligations of attorneys, and such other communications of importance to the profession as the Supreme Court may consider appropriate, each attorney licensed by the Supreme Court to practice law in this Commonwealth shall: (a) maintain with the Director of the Association a current address at which he or she may be communicated with by mail, the said address to be known as the member's Bar Roster address, and shall upon a change of that address notify the Director within thirty (30) days of the new address; (b) maintain with the Director a valid email address and shall upon change of that address notify the Director within thirty (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. (2) After July 1, 2004, every member of the Association shall be deemed to have appointed the Director as that member's agent for service of any document that is required to be served upon that member by any provision of Supreme Court Rule 2 or 3, provided that service of a document upon the Director shall constitute constructive service of that document upon the member only upon proof that all of the following requirements have been satisfied: 50TH ANNIVERSARY CIVIL RIGHTS MARCH Kentucky Commission on Human Rights The Allied Organizations for Civil Rights (AOCR), of which the Kentucky Human Rights Commission is one of many members, invites the public to participate in the 50th Anniversary Civil Rights March in Frankfort to the state Capitol. 1964 Civil Rights March on Frankfort The march begins Wednesday, March 5, at 10 a.m. (EST), with a speaking rally to follow. Participants may gather at the corner of 2nd Street and Capital Avenue at 9:30 a.m., for the approximate two-block walk to the state Capitol building at 700 Capital Avenue, in Frankfort. The event commemorates the historic 1964 Civil Rights March on Frankfort attended by more than 10,000 people. The initial march was part of a successful push that helped result in the 1964 U.S. Civil Rights Act in July of the same year. It helped lead to the 1966 Kentucky Civil Rights Act, which made Kentucky the first south of the Mason-Dixon Line state to pass a state civil rights law. (a) Reasonable efforts have been made to achieve actual service of the document upon the member; (b) Two (2) true copies of the document have been provided to the Director, accompanied by a written request that the Director serve the document upon the member at the member's current Bar Roster address; (c) Within seven (7) days after receipt of such request, the Director mailed one (1) copy of the document to the member at the aforesaid address, posted by certified mail, return receipt requested, restricted delivery - addressee only, in an envelope bearing the return address of the Director and marked on the outside as "OFFICIAL COMMUNICATION – IMMEDIATE ATTENTION REQUIRED"; and (d) No less than thirty (30) days after mailing the document pursuant to subparagraph (c), the Director shall enter a Return of Service which attests: (i) that the Director mailed one of the copies of the document mentioned in subparagraph (b) to the member's Bar Roster address in accordance with the requirements of subparagraph (c); (ii) that the Director has attached to the Return of Service all communications received in response to the service or attempted service of the document, including any certified mail receipt or other postal notice or return receipt relating to the delivery or attempted delivery of the document and any communication from the member of the Association or other person acting on behalf of such member; and (iii) that the Director has provided a true copy of the Return of Service, with copies of all attachments, to the person or entity who requested service of the document upon the member of the Association. (3) After July 1, 2004, the Association may reject any communication to the Association which fails to comply with paragraph (1) (b) 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. For more information, contact Mary Ann Taylor of the Kentucky Commission on Human Rights at 1-800-292-5566 or aocr@ky.gov to pre-register. Registration is not required but appreciated for planning reasons. LAW DAY 2014 PLANNING GUIDES COMING SOON Presidents of local bar associations across the Commonwealth should be on the lookout in February for their Law Day 2014 Celebration planning guides. This year's theme is "American Democracy and the Rule of Law: Why Every Vote Matters." Law Day 2014 falls on Thursday, May 1. For more information on Law Day, visit www.lawday.org or contact Shannon Roberts in the KBA Communications Department at (502) 564-3795, ext. 224. 25 SCR 3.175 Efficient enforcement; notice of attorney's address B&B; • 1.14

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