SCR 2.116 Supervised practice
Baldwin's Kentucky Revised Statutes AnnotatedRules of the Supreme CourtEffective: May 1, 2021
Effective: May 1, 2021
Rules of the Supreme Court (SCR), Rule 2.116
SCR 2.116 Supervised practice
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 reapplication for admission within ten days will no longer be eligible to engage in supervised practice.
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.
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.
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.
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: __________.
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.
HISTORY: Adopted by Order 2021-13, eff. 5-1-21
Note: Former Rules of Appellate Procedure (RAP) were amended and redesignated as Rules of the Supreme Court (SCR) by Order of the Supreme Court effective January 1, 1978. Prior Rules of the Court of Appeals (RCA) had been redesignated as Rules of Appellate Procedure effective March 12, 1976.
Sup. Ct. Rules, Rule 2.116, KY ST S CT Rule 2.116
Current with amendments received through June 1, 2023. Some sections may be more current, see credits for details.
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