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SCR 2.111 Limited certificate of admission to practice law

Baldwin's Kentucky Revised Statutes AnnotatedRules of the Supreme CourtEffective: August 15, 2022

Baldwin's Kentucky Revised Statutes Annotated
Rules of the Supreme Court
II Admission of Persons to Practice Law (Refs & Annos)
Effective: August 15, 2022
Rules of the Supreme Court (SCR), Rule 2.111
SCR 2.111 Limited certificate of admission to practice law
Currentness
(1) Every attorney not a member of the Bar of this Commonwealth who performs legal services in this Commonwealth solely for his/her employer, its parent, subsidiary, or affiliated entities, shall file with the Kentucky Office of Bar Admissions on a form provided, an application for 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 state or the District of Columbia, and be a member in good standing at the Bar of such court, or in such state, at the time of filing such application.
(b) The attorney applying for limited certificate of admission to practice law shall sign a sworn statement certifying to the Court that:
(i) He/she has completed the study of law in an accredited law school;
(ii) He/she has been admitted to practice in the highest Court of another state or the District of Columbia;
(iii) He/she is presently in good standing at the Bar of such Court, or such state;
(iv) He/she will perform legal services in this Commonwealth solely for his 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 only restrictions and limitations applicable to such membership in the Kentucky Bar Association and to such attorney's right to practice in this Commonwealth shall be:
(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 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 on his/her own behalf or representing himself/herself in any case or matter to which he/she is a party, or appearing in the Small Claims Division of the District Court as otherwise provided in Rule 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, whichever shall first occur; provided, however, that 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 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 prior employment ceased and his new employment commenced, identifying his new employer and reaffirming that he shall not provide legal services, in this Commonwealth, to any other individual or entity. In the event that the employment of an attorney admitted under this rule shall cease with no subsequent employment by a successor employer within thirty (30) days, such attorney shall promptly file with the Clerk of the Supreme Court a 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.

Credits

HISTORY: Amended by Order 2022-43, eff. 8-15-22; prior amendments eff. 9-1-20 (Order 2020-60), 1-1-14 (Order 2013-12), 1-1-10 (Order 2009-12), 1-1-04 (Order 2003-4), 1-1-02 (Order 2001-2), 2-1-00 (Order 99-1), 8-1-92 (Order 92-1), 1-13-86; adopted eff. 7-5-85
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 2.111, KY ST S CT Rule 2.111
Current with amendments received through June 1, 2023. Some sections may be more current, see credits for details.
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