Ky. Sup. Ct. Order 2020-51

Supreme Court of Kentucky

2020-51

AMENDED ORDER

IN RE: TEMPORARY RULE PERMITTING

SUPERVISED PRACTICE OF LAW PENDING ADMISSION

Under Section 116 of the Kentucky Constitution and Section II of the

Rules of the Supreme Court, Admissions of Persons to Practice Law, the

Supreme Court hereby ORDERS that the following temporary rule permitting

the supervised practice of law pending admission shall be effective from June

1, 2020, through December 31, 2020.

Supervised Practice Pending Admission

1. An eligible individual who submitted a timely application for admission

by examination for the July or September 2020 Kentucky bar

examination and who is now registered to take the October 2020 remote

bar examination is eligible for temporary admission to the Kentucky Bar

Association, provided the following conditions are met:

a. The applicant has been awarded a juris doctor degree from a law

school accredited by the American Bar Association and has not sat

for a bar examination in Kentucky or any other jurisdiction prior to

July 2020;

b. The applicant applied to take the July or September 2020

Kentucky bar examination and is now registered to take the

October 2020 remote bar examination;

c. The dean of the student's law school has filed written approval of

such applicant with the Clerk of the Supreme Court and the

Kentucky Bar Association;

d. The Character and Fitness Committee determines the applicant

possesses the requisite good moral character and fitness to

practice law;

e. The applicant is not currently subject to an order of attorney

discipline or the subject of a pending formal disciplinary or

disability investigation in any jurisdiction;

f. The applicant has not been denied admission to practice law in

Kentucky nor denied admission on character and fitness grounds

in any jurisdiction;

g. The applicant associates with and is supervised by an active

member of the Kentucky Bar Association. The applicant shall

disclose the name, address, and membership status of the

supervising attorney, which disclosure shall be filed with the Office

of Bar Admissions and the Kentucky Bar Association. Additionally,

the supervising attorney:

i. shall be in good standing with the Kentucky Bar Association;

ii. shall have been admitted to practice for not less than four

years;

iii. shall file a signed verification form certifying the applicant’s

association with and supervision by that attorney with the

Office of Bar Admissions and the Kentucky Bar Association;

and

iv. shall be identified as such in all papers submitted to a court,

government agency or authority, or alternative dispute

resolution tribunal, on which the applicant’s name appears.

h. The applicant shall be subject to the disciplinary authority of the

Kentucky Bar Association and Kentucky Supreme Court and shall

comply with all ethics and related rules of this jurisdiction,

including specifically but not limited to rules requiring truthful and

non-misleading advertising or other public statements concerning

his or her limited authority to practice. The applicant is not

permitted to advertise independently of the supervising attorney.

i. The applicant shall affirmatively state in all written (including

electronic) communications with the public and clients the

following language: “Practice temporarily authorized pending

admission to the Kentucky Bar Association.” In the initial

consultation, the applicant shall affirmatively inform prospective

clients with whom the applicant meets (whether in person, by

phone or any other means) of the applicant’s temporary

authorization to practice pending admission to the Kentucky Bar

Association.

2. An eligible individual who has submitted a timely application for

admission to practice in the highest court of another state through the

administration of that state’s bar examination scheduled during the

remainder of 2020 may be granted temporary admission to the Kentucky

Bar Association provided that all the conditions of section (1), except

section (1)(b), are met and further:

a. The applicant has applied to take the bar examination of another

state;

b. The applicant files a statement with the Office of Bar Admissions of

his or her intention to seek admission to the Kentucky Bar

Association under SCR 2.112 immediately upon the applicant’s

admission to practice in the highest Court of another state; and

c. The Commonwealth's or County Attorney, or a representative of

the public defender program or legal services program, that desires

to employ the applicant upon admission under SCR 2.112 files a

statement with the Office of Bar Admissions of this intention.

3. Verification. Upon an applicant’s satisfactory completion of the

application process and provided that the applicant is certified to have

the requisite good moral character and fitness to practice law and the

applicant has met all of the requirements of this rule, the Board and the

Committee shall certify their recommendations to the Supreme Court

that the applicant is eligible for temporary admission pursuant to this

rule.

4. Automatic Termination. The authority in this rule shall terminate

immediately if the applicant:

a. Successfully passes the Kentucky bar exam and takes the oath of

office required by Section 228 of the Kentucky Constitution;

b. Withdraws the application for admission by examination;

c. Fails to obtain a passing score on the first bar examination the

applicant takes in Kentucky, or another state under section (2),

following adoption of this rule. In the event the applicant applies,

within ten days following receipt of his or her score, to take the

next subsequent Kentucky bar exam, then temporary admission

shall be extended to the date of announced exam results for said

next subsequent bar exam. Temporary admission shall not be

extended following two unsuccessful bar exams.

d. Fails to submit a timely passing score on the Multistate

Professional Responsibility Examination; or

e. Is subject to a formal charge in a disciplinary proceeding.

5. The authority in this rule shall also terminate immediately if the

supervising attorney ceases to be an active member in good standing of

the Kentucky Bar association or withdraws the verification required by

this rule.

6. Required Action After Termination of Authority. Upon termination of

authority to practice law pursuant to this rule, the applicant must notify,

in writing, the Clerk of the Supreme Court, the Kentucky Bar

Association, and all clients in pending matters, and opposing counsel,

co-counsel and court clerks in pending litigation, of the termination of

authority, and immediately cease practicing law in Kentucky.

Termination of authority is not the equivalent of disbarment or other

disciplinary action.

7. This rule shall remain in effect until December 31, 2020 and will

continue to apply to any applicants granted temporary admission

pursuant to this rule prior to that date.

8. The Court, in its discretion, may extend the time limits set forth in this

rule for good cause shown.

This Order shall be effective from June 1, 2020, through December 31,

2020, or until further Order of this Court.

Entered this 9th day of July 2020.

____________________________________

CHIEF JUSTICE

All sitting; all concur.