Ky. Sup. Ct. Order 2025-06 SCR 2.090

SCR 2.090 shall read:

(1) A person who meets all requirements of subparagraphs (a) through (j)

of paragraph 2 of this Rule may be admitted to the practice of law in Kentucky.

(2) The applicant shall submit evidence to the Kentucky Office of Bar

Admissions that he or she:

(a) has earned a UBE score 266 or higher in five or fewer attempts

on the UBE taken in any jurisdiction;

(b) has earned the score required in subparagraph (2)(a) in an

administration of the UBE that occurred within five years of the date of

application for admission pursuant to this Rule;

(c) intends to engage in the practice of law in Kentucky as set out

in SCR 2.013, 3.020, and 3.022;

(d) meets the educational requirements set out in SCR 2.014;

(e) has achieved the required score on the Multistate Professional

Responsibility Examination as set out in SCR 2.015;

(f) is a member in good standing in all jurisdictions where the

applicant has been admitted;

(g) is not currently subject to lawyer discipline or the subject of a

pending disciplinary complaint or matter in any jurisdiction;

(h) possesses the good character and fitness to practice law in

Kentucky as determined by the Character and Fitness Committee; and

(i) certifies that he or she has read, is familiar with, and will follow

the Kentucky Rules of Professional Conduct.

(3) The Application for Admission by Transferred Uniform Bar

Examination Score shall be filed with the Kentucky Office of Bar Admissions on

a verified form approved by the Board. The application shall be accompanied by

a nonrefundable fee of $875 for applicants whose UBE score was reported not

more than 12 months before the application date, as measured from the date

the score was released by the National Conference of Bar Examiners, and

$1,200.00 for applicants whose UBE score was reported more than 12 months

before the application date, along with written confirmation issued by the

National Conference of Bar Examiners that the applicant has submitted a

request for an Official UBE Transcript to be sent directly to Kentucky. An

applicant shall file with the Character and Fitness Committee such other

affidavits, certificates, documents, and materials as shall be required to satisfy

the Committee, pursuant to SCR 2.040, of the applicant's good moral character

and fitness to be a member of the Bar of this Commonwealth.

(4) The Kentucky Office of Bar Admissions shall begin accepting

applications under this rule as of January 1, 2021.

SCR 2.110 Admission without examination

SCR 2.110 shall read:

(1) Any person who has been admitted to practice in another jurisdiction

and who has been engaged in the active practice of law as defined in SCR

3.020 and 3.022, in a jurisdiction which has reciprocity or comity with

Kentucky, for five of the seven years next preceding the filing of an application

may be admitted to the Bar of this Commonwealth without examination

provided the applicant meets all requirements for admission to the Bar under

these Rules. Active engagement in the teaching of the law, full time at an

American Bar Association accredited law school, shall be considered active

engagement in the practice of law.

(2) An attorney applying for admission under this Rule shall file with the

Kentucky Office of Bar Admissions, on the form provided for application for

admission, such information as shall be requested thereon accompanied by a

fee of $1500.00, no part of which shall be refunded. An applicant shall file with

the Character and Fitness Committee such other affidavits, certificates,

documents, and materials as shall be required to satisfy the Committee of the

applicant's good moral character and fitness to be a member of the Bar of this

Commonwealth. With respect to character and fitness, the Committee shall

process such applications pursuant to Rule 2.040.

(3) Admission under this Rule shall be conditioned on the applicant

establishing that the jurisdiction from which the applicant applies and in

which the applicant performs the major portion of his or her professional

activities has rules or other provisions providing for admission without

examination and by reciprocity or comity which are no more restrictive than

the rules of this Commonwealth.

(4) Notwithstanding the requirements stated above, if the applicant has

practiced five of the last seven years in a jurisdiction that permits the

admission without examination of attorneys from Kentucky, the Committee

may approve admission without examination under the same provisions that

allow admission of Kentucky attorneys.

SCR 2.111 Limited certificate of admission to practice law

SCR 2.111 shall read:

(1) Every attorney not a member of the Bar of this Commonwealth who

performs legal services in this Commonwealth solely for his or her employer, its

parent, subsidiary, or affiliated entities, shall file with the Kentucky Office of

Bar Admissions on a form provided an application for a limited certificate of

admission to practice law in this Commonwealth. Such application shall be

reviewed by the Character and Fitness Committee. If approved, a limited

certificate of admission to practice law shall be granted, and shall be effective

as of the date such application is approved, provided that the following

prerequisites are satisfied:

(a) The applicant must be admitted to practice in the highest court

of another jurisdiction and be a member in good standing at the Bar of

such jurisdiction, at the time of filing such application.

(b) The attorney applying for a limited certificate of admission to

practice law shall sign a sworn statement certifying to the Supreme

Court that the applicant:

(i) Has completed the study of law in an accredited law

school;

(ii) Has been admitted to practice in the highest Court of

another jurisdiction;

(iii) Is presently in good standing at the Bar of such Court, or

such jurisdiction;

(iv) Will perform legal services in this Commonwealth solely

for his or her employer, its parent, subsidiary, affiliated entities, or

on a pro bono basis as permitted under paragraph (4)(c) below.

(c) A statement signed by a representative of such applicant's

employer stating that such applicant is an employee for such employer,

and performs legal services in this Commonwealth for such employer, its

parent, subsidiary, or affiliated entities, shall be filed with the

application.

(2) Such applicant shall pay to the Kentucky Office of Bar Admissions, at

the time of submission of such application, a fee of $1,500.00 and shall make

payment of the current annual dues or fees to the Kentucky Bar Association,

as authorized under SCR 3.040.

(3) Upon granting of such limited certificate of admission to practice law,

and issuance of said limited certificate by the Clerk of the Supreme Court of

Kentucky, such applicant shall be and shall remain, during the period the

limited certificate of admission to practice law remains in effect, an active

member of the Kentucky Bar Association, subject to all duties and obligations

of members admitted under SCR 2.110, SCR 2.120, and SCR 3.645.

(4) The following restrictions and limitations shall apply to such

attorney's right to practice in this Commonwealth:

(a) Such attorney shall perform legal services in this

Commonwealth solely for his employer, its parent, subsidiary, or

affiliated entities, and shall not provide legal services in this

Commonwealth, to any other individual or entity, except as permitted

under paragraph (4)(c) below.

(b) Such attorney shall not appear as attorney of record for his

employer, its parent, subsidiary, or affiliated entities, in any case or

matter pending before the Courts of this Commonwealth, without first

engaging an active member of the Bar Association in good standing,

admitted under SCR 2.120 or SCR 2.110 other than one admitted under

a limited certificate of admission, as co-counsel, whose presence shall be

necessary, when required by the Court, at all trials or other times

specified by the Court. Nothing herein shall prevent such attorney from

appearing in any case or matter to which the attorney is a party, or

appearing in the Small Claims Division of the District Court as otherwise

provided in SCR 3.020.

(c) An attorney admitted with a limited practice certificate under

this rule is authorized to donate legal services in Kentucky through: [i] a

duly organized legal aid program offering pro bono representation to

indigent individuals within the Commonwealth of Kentucky, or [ii] a local

bar association legal pro bono program or initiative. No fee can be

accepted by the attorney with a limited practice certificate for the

rendering of any legal services in connection with items [i] and [ii] above.

An attorney donating legal services under this rule is subject to all duties

and obligations of members admitted under SCR 2.110, SCR

2.120, and 3.645.

(5) The performance of legal services in this Commonwealth solely for

such attorney's employer, its parent, subsidiary, affiliated entities, or in

connection with a pro bono program contained in paragraph 4(c) following

admission to the Kentucky Bar on a limited certificate shall be considered to be

the active engagement in the practice of law for all purposes.

(6) The limited certificate of admission to practice law in this

Commonwealth shall expire if such attorney is granted a certificate of

admission to practice, or is admitted to the Bar of this Commonwealth under

any other rule of this Court, or if such attorney ceases to be an employee for

the employer or its parent, subsidiary, or affiliated entities listed on such

attorney's application. However, if such attorney, within thirty (30) days of

ceasing to be an employee for the employer or its parent, subsidiary, or

affiliated entities listed on such attorney's application, becomes employed by

another employer for which such attorney shall solely perform legal services,

such attorney may maintain his or her admission under this Rule by promptly

filing with the Clerk of the Supreme Court a statement to such effect, stating

the date on which his or her prior employment ceased and his or her new

employment commenced, identifying his or her new employer and reaffirming

that he or she shall not provide legal services, in this Commonwealth, to any

other individual or entity. If an attorney admitted under this rule ceases

employment with no subsequent employment by a successor employer within

thirty (30) days, such attorney shall promptly file with the Clerk of the

Supreme Court, the Office of Bar Admissions, and the Kentucky Bar

Association a written statement to such effect, stating the date that such

employment ceased.

(7) Except as specifically limited herein, the rules, rights, and privileges

governing the practice of law shall be applicable to an attorney admitted under

this Rule.

SCR 2.112 Limited admission for attorney participants in a public

defender, legal services programs, or office of a Commonwealth's or

county attorney

SCR 2.112 shall read:

(1) Scope. This Rule applies to an attorney who is not a member of the

Bar of this Commonwealth but who, after having completed the study of law in

a law school approved by the American Bar Association or by the Association of

American Law Schools and having been admitted to practice in the highest

Court of another jurisdiction, wishes to become an employee of an organized

public defender program, the office of a Commonwealth's Attorney or County

Attorney, or an organized legal services program in this Commonwealth

providing legal assistance to indigent persons.

(2) General Rule. An attorney to whom this Rule applies shall be

admitted to practice before the Courts of this Commonwealth in all matters

within the professional responsibility of an organized public defender program,

the Office of a Commonwealth's or County Attorney, or an organized legal

services program which program is sponsored, approved, or recognized by the

Kentucky Bar Association. Admission to practice under this Rule shall be

limited to the matters specified in the preceding sentence. An application for

admission to practice under this Rule shall include or be accompanied by:

(a) A certificate of the highest Court or agency of any other

jurisdiction having jurisdiction over admission to the Bar and the

practice of law stating that the applicant is in good standing at the bar of

such Court or in such jurisdiction.

(b) A statement signed by the Commonwealth's or County Attorney,

or a representative of the public defender program or legal services

program, that has employed the attorney, showing compliance with

paragraph (1) of this Rule. Any such statement shall also acknowledge

the duty of the office or the program to notify the Clerk of the Supreme

Court immediately whenever the attorney ceases to be an employee of

such program.

(c) Such other affidavits or materials as shall be deemed necessary

by the Character and Fitness Committee in order to satisfy the

Committee of the applicant's moral character and fitness to practice

before the Court of this Commonwealth.

(d) Payment of a fee of one-hundred dollars $100.00.

(3) Subscription and Action. The application for admission shall be

subscribed to by a member of the Bar of this Commonwealth in good standing.

If the application and related documents are in proper order and if the

Character and Fitness Committee finds that the applicant has the moral

character and fitness to practice before the Courts of this Commonwealth, the

Clerk of the Supreme Court shall enter the name of the applicant upon the

docket of persons specially admitted to the Bar of this Commonwealth subject

to the restrictions of this Rule and shall issue an appropriate certificate in

evidence thereof.

(4) Expiration of Admission. When an attorney admitted under this

Rule ceases to be associated with the program or office for which limited

admission was granted, a representative of the public defender program or

legal services program or office of Commonwealth's or County Attorney shall

immediately and in writing so notify the Clerk of the Supreme

Court. Admission to practice under this rule shall expire: (i) after 18 months or

at the end of any renewal period of the 18-month term as provided for herein,

or (ii) upon termination of the attorney's employment with the program or

office, whichever shall first occur. The admission to practice under this Rule for

18 months may be extended and renewed for additional terms of 18 months in

the same manner as originally granted but only until such time as the attorney

is otherwise eligible to obtain admission to practice in the Commonwealth of

Kentucky without examination by reason of reciprocity or comity pursuant

to SCR 2.110.

(5) Rules Governing the Practice of Law. Except for Rules 2.110 and

3.030(2), the rules governing the practice of law shall be applicable to an

attorney admitted under this Rule.

SCR 2.113 Military spouse provisional admission

SCR 2.113 shall read:

(1) Requirements. A person who meets all requirements of

subparagraphs (a) through (m) of paragraph 2 of this Rule may, upon motion,

be provisionally admitted to the practice of law in Kentucky.

(2) Required Evidence. The applicant for provisional admission shall

submit evidence satisfactory to the Kentucky Board of Bar Examiners that he

or she:

(a) has been admitted by examination to practice law before the

Court of last resort of any jurisdiction of the United States;

(b) holds a Juris Doctor degree from a law school accredited by the

American Bar Association at the time of such applicant's graduation;

(c) has achieved a passing score on the Multistate Professional

Responsibility Examination as it is established in Kentucky at the time of

application;

(d) is currently an active member in good standing in the bar of at

least one jurisdiction of the United States where the applicant is

admitted to the unrestricted practice of law, and is a member in good

standing in all jurisdictions where the applicant has been admitted;

(e) is not currently subject to lawyer discipline or the subject of a

pending disciplinary matter in any other jurisdiction;

(f) possesses the good character and fitness to practice law in

Kentucky;

(g) is the dependent spouse of an active-duty service member of the

United States Uniformed Services as defined by the Department of

Defense (or, for the Coast Guard when it is not operating as a service in

the Navy, by the Department of Homeland Security) and that the service

member is on military orders stationed in the Commonwealth of

Kentucky;

(h) is physically residing in Kentucky;

(i) has submitted all requested character investigation information,

in a manner and to the extent established by the Board of Bar

Examiners, including all required supporting documents;

(j) has never failed the Kentucky Bar Examination or failed to

achieve a 266 on the Uniform Bar Examination at any time after

Kentucky began administering it;

(k) has successfully completed the New Lawyer Program as set out

in SCR 2.017;

(l) certifies that he or she has read and is familiar with the

Kentucky Rules of Professional Conduct; and

(m) has paid such fees as may be set by the Board of Bar

Examiners to cover the costs of the character and fitness investigation

and the processing of the application.

(3) Issuance, Duration and Renewal.

(a) The Board of Bar Examiners having certified that all

prerequisites have been complied with, the applicant for provisional

admission shall, upon payment of applicable dues and completion of the

other membership obligations, become an active member of the Kentucky

Bar Association. An attorney provisionally admitted pursuant to this

Rule shall be subject to the same membership obligations as other active

members of the Kentucky Bar Association, and all legal services provided

in Kentucky by a lawyer admitted pursuant to this Rule shall be deemed

the practice of law and shall subject the attorney to all rules governing

the practice of law in Kentucky, including the Kentucky Rules of

Professional Conduct.

(b) A provisional admission may be renewed by July 31 of each

year, upon filing with the Kentucky Bar Association (i) a written request

for renewal, and (ii) compliance with the membership obligations of the

Rules of the Supreme Court of Kentucky applicable to active members of

the Kentucky Bar Association. Provisional admission under this Rule

may be renewed for no more than 4 times.

(c) When the active-duty service member is assigned to an

unaccompanied or remote follow-on assignment and the attorney

continues to physically reside in Kentucky, the provisional admission

may be renewed until that unaccompanied or remote assignment ends,

provided that the attorney complies with the other requirements for

renewal.

(4) Events of Termination. An attorney's provisional admission to practice

law pursuant to this Rule shall immediately terminate and except as provided

in subsection (i) of this Rule, the attorney shall immediately cease all activities

under this Rule upon the occurrence of any of the following:

(a) The spouse's discharge, separation, or retirement from active

duty in the United States Uniformed Services, or the spouse's no longer

being on military orders stationed in the Commonwealth of Kentucky,

except as provided in section 3(c) of this Rule;

(b) The attorney’s failure to meet the annual licensing requirements

of an active member of the Kentucky Bar Association;

(c) The attorney no longer physically residing within the

Commonwealth of Kentucky;

(d) The attorney ceasing to be a dependent as defined by the

Department of Defense (or, for the Coast Guard when it is not operating

as a service in the Navy, by the Department of Homeland Security) on the

spouse's official military orders;

(e) The attorney being admitted to practice law in this

Commonwealth under an admissions rule other than that of Provisional

Admission;

(f) The attorney receiving a failing score on the Kentucky Bar

Examination or failed to achieve a 266 on the Uniform Bar Examination

taken in any jurisdiction;

(g) The attorney being suspended from the practice of law in

Kentucky or in any other state;

(h) Request by the attorney; or

(i) Upon the occurrence of a terminating event the attorney may

continue the work that commenced prior to the terminating event until

new counsel is retained.

(5) Notices Required.

(a) An attorney provisionally admitted under this Rule shall provide

written notice to the Kentucky Bar Association of any Event of

Termination within 30 days of the occurrence thereof.

(b) Within 30 days of the occurrence of any Event of Termination,

the attorney shall:

(i) provide written notice to all of his or her clients that he or

she can no longer represent such clients and furnish proof to the

Executive Director of the Kentucky Bar Association within 60 days

of such notification; and

(ii) file in each matter pending before any Court or tribunal

in this Commonwealth a notice that the attorney will no longer be

involved in the matter, which shall include the substitution of the

local counsel, or such other attorney licensed to practice law in

Kentucky selected by the client, as counsel in the place of the

provisionally admitted attorney.

(6) Benefits and Responsibilities. An attorney provisionally admitted

under this Rule shall be entitled to the benefits and be subject to all

responsibilities and obligations of active members of the Kentucky Bar

Association, and shall be subject to the jurisdiction of the Courts and agencies

of the Commonwealth of Kentucky and to the Kentucky Bar Association with

respect to the laws and rules of this Commonwealth governing the conduct and

discipline of attorneys to the same extent as an active member of the Kentucky

Bar Association.

SCR 2.116 Supervised practice

SCR 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 (10) days of being notified of the

failing score. An applicant who fails to file a reapplication for admission within

ten (10) 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 of 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 Supreme Court of Kentucky 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 UBE 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 (16) 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.

SCR 2.117 Practice pending admission

SCR 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 Rule 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 Rule; 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 section 3(e) 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 (10) 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 (10)

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.

SCR 2.540 Limited student practice

SCR 2.540 shall read:

Any student who has successfully completed two-thirds of the academic

hour requirement for the first degree in law at an approved law school and is

participating in a law school sponsored clinic, intern, extern, or public service

program may provide legal services to, and may appear in any proceeding in

any court of this Commonwealth on behalf of any person financially unable to

employ counsel, or, on behalf of the Commonwealth or the United States'

Attorney; and any student who has successfully completed two-thirds of the

academic hour requirements for the first degree in law may provide legal

advice, counseling, and negotiation services to a college or university student,

regardless of that student's financial status, pursuant to an approved law

school clinical program provided:

(a) Such student is providing such services to, or appearing in such

proceeding on behalf of, a person assigned to the student through a clinic,

intern, extern, or public service program operated by an approved law school

under the direction of a full or part time law school director.

(b) Such student makes application to the Character and Fitness

Committee of the Kentucky Office of Bar Admissions, on a form approved by

the Committee and accompanied by a $25.00 processing fee to cover costs. The

Committee reviews and approves applications for students who appear to be

qualified to perform legal services as interns and certifies this to the Supreme

Court of Kentucky.

(c) The Chief Justice of the Supreme Court of Kentucky, the Dean of the

student's law school, and the director of the law school program in which such

student is participating, have filed written approval of such student with the

Clerk of the Supreme Court.

(d) A member in good standing of the Bar of this Commonwealth

personally supervises all activities of the student in each case, with the

exception that the student may consult with the client or potential clients, but

may not advise, negotiate, or appear alone in administrative proceedings or in

the courts of this Commonwealth in civil or criminal matters without personal

appearance and supervision by a member in good standing of the Bar of this

Commonwealth, and as otherwise provided in this Rule.

In all criminal cases involving crime for which the defendant may be

punished by a fine of more than $500.00 or by confinement for more than

twelve months, personal supervision of the activities of the student requires

that a member in good standing of the Bar of this Commonwealth be present

for all proceedings which take place before a judge.

In the defense of any criminal case which involves a crime for which the

defendant may be punished by a fine of more than $500.00 or by confinement

for more than twelve months, and which is to be prosecuted in a county not

having a formal public defender program, the attorney who is to supervise the

student must be appointed by the judge of the court before whom the cause is

pending.

No student authorized to perform legal services under this Rule shall ask

for or receive any compensation or remuneration of any kind for the services.

This Rule does not prevent a law school from awarding scholarships or

fellowships to a law student authorized to perform legal services under this

Rule.

Unless earlier revoked, approval to perform legal services under this Rule

shall be effective until the Monday following the distribution of results of the

first bar examination for which an approved law graduate could be admitted to

practice under the Rules of the Court.

Any student authorized to perform legal services under this Rule must

subscribe to the following oath.

OATH OF PARTICIPANT UNDER LIMITED STUDENT PRACTICE RULE

I, __________, do solemnly swear that I will 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 toward 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 will accept no remuneration for services performed except those

specifically provided by the Rules of the Supreme 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.

____________________

The above and foregoing Oath was subscribed to by the above Participant and

administered to him/her by me, on this _____ day of __________, 20___.

____________________

Notary Public

This order shall be effective upon entry and until further order of the

Court.

Entered this 5th day of January 2025.

All sitting; all concur.

____________________________________

CHIEF JUSTICE