Ky. Sup. Ct. Order 2022-11 XVII

Sections 1 and 3 of SCR 3.160 shall read:

1) After review by Bar Counsel pursuant to subparagraph (3) of this

Rule, any sworn written statement of complaint against an attorney

for unprofessional conduct shall be filed with the Office of Bar

Counsel who shall promptly notify the attorney by certified mail, sent

to the address maintained by the Director pursuant to SCR 3.035, or

other means consistent with the Supreme Court Rules and Civil

Rules, of the complaint, and that he/she has twenty (20) days to

respond to the complaint. Upon completion of the investigation by the

Office of Bar Counsel the matter shall be assigned to an Inquiry

Commission panel by rotation.

3) a) Upon receipt of a verbal or written allegation of a violation of the

Rules of Professional Conduct, or sworn complaint, the Office

of Bar Counsel will initially determine, under the direction of the

Chair and Inquiry Commission, whether the matter is appropriate

for alternative disposition. Alternative disposition may include, but

is not limited to:

i. Informal resolution;

ii. Referral to Fee Arbitration under SCR 3.810;

iii. Legal negligence arbitration under SCR 3.800;

iv. Legal or management education programs;

v. Remedial ethics education programs;

vi. Referral to KYLAP under SCR 3.970(1)(c); or

vii. Issuance of a warning letter.

b) A complaint is not suitable for alternative disposition if it alleges

serious misconduct in which the sanction would more than likely

result in a suspension. Additionally, some ethical violations

warranting a private or public reprimand may not, under all

circumstances, be eligible for alternative disposition.

c) After review and such preliminary investigation as may reasonably

be necessary, the Office of Bar Counsel may attempt informal

resolution and subsequently close the Complaint. If the acts or

course of conduct complained of merit referral under 3(A)(ii)-(vi),

and do not warrant a greater degree of discipline, the Office of Bar

Counsel may issue a warning letter with or without conditions,

which will be maintained in the investigative file of the Office of Bar

Counsel but not be considered as discipline, or it may recommend

remedial ethics, related legal or management education programs,

fee arbitration, or KYLAP, completion of which would result in the

complaint being dismissed. The attorney who receives the warning

letter may, within 30 days from the date of the letter, file a

response thereto and may request reconsideration of the matter by

the Inquiry Commission. Any response or request so submitted

shall be retained in the Bar Counsel file.

d) If Bar Counsel deems a written and sworn complaint to state an

ethical violation, such that alternative disposition is not

appropriate or the Respondent will not consent to or complete the

alternative disposition program, the matter shall proceed under

subsection (1) above.

e) If Bar Counsel deems any written and sworn complaint against a

member not to state an ethical violation and it is not suitable for

alternative disposition, it may decline, without investigation, to

entertain it.