Ky. Sup. Ct. Order 2021-13 SCR 2.117

New Rule 2.117 shall read:

1. The purpose of this Rule is to permit an attorney who is licensed and

in good standing in another jurisdiction and who has applied for

admission under SCR 2.090 or SCR 2.110 to practice while his or her

application is pending.

2. Applications for practice pending admission 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, www.kyoba.org.

3. A lawyer who is eligible to practice under paragraph (1) may provide

legal services in this jurisdiction for no more than one year, provided

that the lawyer:

a. Maintains a continuous presence in Kentucky with the intent to

practice law;

b. Is not disbarred or suspended from practice in any jurisdiction;

c. Reasonably expects his or her application for admission to be

granted;

d. Notifies the Kentucky Bar Association in writing within thirty

days of first establishing an office or other continuous presence

for purposes of practicing of law in this jurisdiction;

e. Associates with a lawyer who is admitted to practice and in

good standing in Kentucky;

f. Affirmatively states in all written (including electronic)

communications with the public and clients the following

language: “Practice temporarily authorized pending admission

to the Kentucky Bar Association;”

g. Affirmatively informs 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;

h. Submits the application required under section (2) of this rule;

i. Pays the fee associated with the application for Practice Pending

Admission; and

j. Notifies the Kentucky Bar Association and the Office of Bar

Admission if the lawyer becomes the subject of a pending

disciplinary investigation in any other jurisdiction at any time

during the period of practice authorized under this provision.

4. Termination of Right of Practice Pending Admission. The right to

practice pending admission under this section terminates if the lawyer

withdraws the application for admission or if such application is

denied; if the lawyer becomes disbarred, suspended, or takes

disability inactive status in any other jurisdiction in which the lawyer

is licensed to practice law; or if a formal complaint is filed with the

Kentucky Bar Association. Upon termination of the right of practice,

the lawyer shall not undertake any new representation that would

require the lawyer to be admitted to practice law in this jurisdiction

and, within ten days, shall:

a. Cease to occupy an office or other continuous presence for the

purpose of practicing law in Kentucky unless authorized to do

so pursuant to another Rule;

b. Notify all clients being represented in pending matters, and

opposing counsel or co-counsel, of the termination of the

lawyer’s authority to practice pursuant to the authority in this

section; and

c. Take all other necessary steps to protect the interests of the

lawyer’s clients.

5. Change in Associated Attorney

a. If the lawyer with whom the applicant has associated

terminates the association or no longer qualifies under

paragraph 3(f) of this Rule, or if the applicant terminates the

association, the lawyer with whom the applicant has associated

and the applicant shall file notice with the Kentucky Bar

Association and the Office of Bar Admissions severing the

association.

b. The applicant may continue to practice pending admission if,

within ten days of providing the notice required in paragraph

(a), the applicant:

i. Associates with another lawyer;

ii. Provides notice of the association to the Kentucky Bar

Association and the Office of Bar Admissions;

iii. Submits the application required under section (2) of

this rule;

iv. Pays the fee associated with the application for

Practice Pending Admission;

6. If the applicant does not associate with another lawyer within ten

days of providing notice as required under paragraph (1), the

applicant’s permission to practice pending admission terminates, and

the applicant must comply with the requirements of section (4) of this

Rule.

X. AMENDMENTS

SCR 10.000 Amendment of rules

New Section X and new rule SCR 10.000 shall read:

1. Suggestions for amendment of these rules may be submitted directly

to the Supreme Court for its consideration.

2. Unless otherwise ordered by the Supreme Court, all substantial

amendments will be published in an official publication of the

Kentucky Bar Association or mailed to the members of the Kentucky

Bar Association at least 60 days before they become effective.

Publication or mail may be accomplished electronically.

The following amendments to the Rules of Civil Procedure shall be

effective May 1, 2021:

CR 87 Amendment of rules

CR 87 shall read:

1. Suggestions for amendment of these rules may be submitted directly

to the Supreme Court for its consideration.

2. Unless otherwise ordered by the Supreme Court, all substantial

amendments will be published in an official publication of the

Kentucky Bar Association or mailed to the members of the Kentucky

Bar Association at least 60 days before they become effective.

Publication or mail may be accomplished electronically.

The following amendments to the Rules of Criminal Procedure shall be

effective May 1, 2021:

RCr 13.08 Amendment of Rules

RCr 13.08 shall read:

1. Suggestions for amendment of these rules may be submitted directly

to the Supreme Court for its consideration.

2. Unless otherwise directed ordered by the Supreme Court, all

substantial amendments will be published in an official publication of

the Kentucky Bar Association or mailed to the members of the

Kentucky Bar Association at least 60 days before they become

effective. Publication or mail may be accomplished electronically.

This Order shall be effective May 1, 2021.

Entered this 27th day of April 2021.

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CHIEF JUSTICE

All sitting; all concur.