Ky. Sup. Ct. Order 2022-11 XXXII

Committee—advisory opinions—informal and formal

Sections 6 and 7 of SCR 3.530 shall read:

6) Any attorney licensed in Kentucky or admitted to practice law in

another state who is in doubt as to the propriety of any course of

conduct or act of any person or entity which may constitute the

unauthorized practice of law in Kentucky may make a request in

writing, or in emergencies, by telephone, to the Chair of the

Unauthorized Practice Committee, or such other members of the

Unauthorized Practice Committee as are designated by the Chair, for

an advisory opinion thereon. Local bar associations may also request

advisory opinions. The Committee member to whom the request is

directed shall bring this matter to the attention of the Committee at

its next meeting. The Committee may attempt to furnish the

requesting attorney with a prompt telephonic answer and written

informal letter opinion as to whether the conduct constitutes the

unauthorized practice of law. A copy of such informal opinion shall be

provided to the Director and the Chair of the Unauthorized Practice

Committee.

7) Any attorney licensed in Kentucky or admitted under SCR 3.030(2)

who is in doubt as to the ethical propriety of any professional act

contemplated by that attorney with respect to the unauthorized

practice of law shall be referred to the Ethics Committee district

member for an informal opinion as set forth in (2) and (3).

Communications about such an inquiry between the requesting

attorney and the unauthorized practice committee member, and

between the committee members of the two committees, shall be

confidential, but confidentiality may be waived by the requesting

attorney.