SCR 3.130(1.8) Conflict of interest: current clients; specific rules
Baldwin's Kentucky Revised Statutes AnnotatedRules of the Supreme CourtEffective: August 15, 2022
Effective: August 15, 2022
Rules of the Supreme Court (SCR) Rule 3.130, Rules of Prof. Conduct Rule 3.130(1.8)
SCR 3.130(1.8) Conflict of interest: current clients; specific rules
(c) A lawyer shall not solicit any substantial gift from a client, including a testamentary gift, or prepare on behalf of a client an instrument giving the lawyer or a person related to the lawyer any substantial gift unless the lawyer or other recipient of the gift is related to the client. For purposes of this paragraph, related persons include a spouse, child, grandchild, parent, grandparent or other relative or individual with whom the lawyer or the client maintains a close, familial relationship.
(g) A lawyer who represents two or more clients shall not participate in making an aggregate settlement of the claims of or against the clients, or in a criminal case an aggregated agreement as to guilty or nolo contendere pleas, unless each client gives informed consent, in a writing signed by the client. The lawyer's disclosure shall include the existence and nature of all the claims or pleas involved and of the participation of each person in the settlement.
Credits
HISTORY: Amended by Order 2022-43, eff. 8-15-22; prior amendments eff. 3-1-12 (Order 2012-01), 7-15-09 (Order 2009-05); adopted by Order 89-1, eff. 1-1-90
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 3.130, Rules of Prof. Conduct, Rule 3.130(1.8), KY ST S CT RULE 3.130, RPC Rule 3.130(1.8)
Current with amendments received through June 1, 2023. Some sections may be more current, see credits for details.
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