Ky. Sup. Ct. Order 2021-13 SCR 2.116

New Rule 2.116 shall read:

1. The purpose of this Rule is to allow law school graduates not licensed

in any other jurisdiction to practice under supervision while studying

for the Kentucky Bar Examination and awaiting results.

2. Applications for supervised practice shall be electronically submitted

on forms approved by the Board of Bar Examiners and the Character

and Fitness Committee. Application forms are available on the

Kentucky Office of Bar Admissions website at www.kyoba.org.

3. An individual may be eligible for supervised practice if he or she:

a. Has never been licensed to practice law in another state in the

United States, the District of Columbia, or U.S. Territories;

b. Meets the moral character and fitness requirements of SCR

2.011;

c. Meets the educational requirements of SCR 2.014;

d. Works in Kentucky under the supervision of a licensed lawyer

who is admitted and in good standing in Kentucky; and

e. Has:

i. submitted an application for the Kentucky Bar

Examination pursuant to SCR 2.022 or 2.023;

ii. taken the Bar Examination as provided under SCR 2.080

but not yet received notification of the results of the

examination; or

iii. submitted a Uniform Bar Examination score transfer

application under SCR 2.090 but has not yet been

admitted as a member of the Kentucky bar.

4. An applicant who has been approved under this Rule but is

unsuccessful on the Kentucky Bar Examination may continue to

practice under supervision if he or she submits a re-application for

admission by examination under SCR 2.204 within ten days of being

notified of the failing score. An applicant who fails to file a re-application for admission within ten days will no longer be eligible to

engage in supervised practice.

5. Supervision

a. An applicant under this Rule must be under the direct

supervision of an attorney who meets the requirements of

paragraph (c), below. 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.

b. A supervising attorney is responsible for ensuring an

applicant is properly supervised and in compliance with the

Kentucky Rules of Professional Conduct (SCR 3.130).

c. The supervising attorney must:

i. be a lawyer licensed and in good standing with the

Kentucky Bar Association;

ii. have practiced for a minimum of four years;

iii. assume professional responsibility for the direct and

immediate supervision for the professional work of the

applicant;

iv. 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

v. be identified in all papers submitted to a court,

government agency or authority, or alternative dispute

resolution tribunal, on which the applicant’s name

appears.

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

Kentucky Bar Association and Kentucky Supreme Court and shall

comply with the Kentucky Rules of Professional Conduct (SCR 3.130)

and all other 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.

7. 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.

8. 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.

9. Oath. Any applicant authorized to perform legal services under this

Rule must subscribe to the following oath and submit a signed and

notarized copy with the Clerk of the Supreme Court:

OATH OF BAR APPLICANT

UNDER SUPERVISED PRACTICE RULE

I, _____________________, do solemnly swear that I will,

as an applicant who has been temporarily admitted under

Supreme Court Rule 2.116, Supervised Practice of Law

Pending Admission, support and defend the Constitution of

the United States and the Constitution of the

Commonwealth of Kentucky; that cognizant of the trust

placed in me and the responsibility it carries, I will conduct

myself in all matters to the extent given me as an officer of

the court with the utmost fidelity towards the court and all

persons whose affairs are in any way entrusted to me; that I

will neither take part in deception of the court, nor allow

deception to take place, and should any be practiced will

inform the court; that I subscribe to and will abide by the

Rules of Professional Conduct as adopted by the Supreme

Court of Kentucky; and that I will so exercise these privileges

given me that it may be alike useful in the service of justice

and in my preparation to assume full responsibility later as a

member of the bar.

_________________________________

Bar Applicant

The above and foregoing Oath was sworn to and subscribed

to by the above-named Bar Applicant and administered to

him/her by me, on this _____ day of ___________, 20___.

My Commission expires: _______________.

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

immediately if the applicant:

a. Successfully passes the Kentucky Bar Examination and

takes the oath of office required by Section 228 of the

Kentucky Constitution;

b. Withdraws the application for admission by examination or

Admission by UBE transferred score;

c. Successfully transfers a Uniform Bar Examination score and

takes the oath of office required by Section 228 of the

Kentucky Constitution;

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

the applicant takes and fails to reapply within ten days, as

required by section 4 of this Rule;

e. Fails to obtain a passing score on the second Kentucky bar

examination the applicant takes;

f. Is subject to a formal charge in a disciplinary proceeding; or

g. Is subject to an investigation by the Character and Fitness

Committee subsequent to its initial certification.

11. 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.

12. In no event shall an applicant be permitted to practice under this

Rule for more than sixteen months from the date he or she graduated

from law school.

13. 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.