The lawyers of Kentucky and the Kentucky Supreme Court recognize actions should be taken to prevent unethical conduct and restore confidence and trust should misconduct occur. To that end, the Kentucky Supreme court has created The Kentucky Rules of Professional Conduct for all lawyers who practice law in the state.
People who are convicted of sex crimes against minors are required to register as sex offenders in Kentucky unless the defendant is under the age of 18 at the time of the offense. (Ky. Rev. Stat. Ann. §§ 17.500, 17.510 (2018).)
Kentucky's laws against sodomy (oral and anal sex) and sexual abuse (sexual contact or fondling) are organized similarly to its laws against rape. Generally, the younger the victim and the older the defendant, the more severely the crime can be punished.
In Kentucky, rape is typically a felony and is categorized by degree of seriousness. Rape in the first degree. Under Kentucky's laws, a person of any age commits the crime of first degree rape by engaging in sexual intercourse (any sexual penetration, however slight) with a child under the age of 12.
To that end, the Kentucky Supreme court has created The Kentucky Rules of Professional Conduct for all lawyers who practice law in the state.
The lawyers of Kentucky and the Kentucky Supreme Court recognize actions should be taken to prevent unethical conduct and restore confidence and trust should misconduct occur. To that end, the Kentucky Supreme court has created The Kentucky Rules of Professional Conduct for all lawyers who practice law in the state.
If you think your lawyer or another lawyer has committed an act you believe is in violation of the ethics rules, you are encouraged to report it to the Kentucky Bar Association for an investigation. Even if your complaint does not result in a charge of misconduct it is still important the matter is reported. The KBA depends on the public to report possible ethics rule violations to prevent attorneys from continuing to violate ethics rules and possibly harm future clients.
The Office of Bar Counsel (OBC), acting as an agency of the Supreme Court, is responsible for investigating complaints against lawyers practicing in Kentucky. The OBC also prosecutes charges of ethical misconduct issued by the Inquiry Commission.
Can be hand written or typed. Must include the name of the attorney you are filing against. Must contain your name, address, and contact information. Must include a notarized signature (copies of your signature will not be accepted) Click here for the Office of Bar Counsel's form and instructions for filing a complaint.
If you are charged with a crime as a result of sexual activity with a person under the age of consent, you should talk to a Kentucky criminal defense attorney. An attorney can tell you what to expect in court, based on the law and the facts of your case, and help you prepare the strongest possible defense.
Rape and sodomy in the third degree are Class D felonies, punishable by one to five years in prison and a fine of up to $10,000. Sexual abuse of a child under the age of 12 is a Class C felony, punishable by five to ten years in prison and up to $10,000 in fines. Otherwise, misdemeanor sexual abuse is punishable by anywhere from 90 days in jail ...
Otherwise, misdemeanor sexual abuse is punishable by anywhere from 90 days in jail and a fine of up to $250, while felony sexual abuse is punishable by up to five years in prison and a fine of $1,000 to $10,000.
It is also illegal to engage in other sexual activity with a child under age 16 or for a person in a position of trust or authority over a child to engage in sexual contact with a 16 or 17-year-old. And as of July 2018, it is illegal for a 16 or 17-year-old to engage in sexual conduct with anyone who is ten or more years older. ...
For statutory rape, the child's age is the determinative fact. It does not matter if the child agreed to or even initiated the conduct. People who commit sex acts against others without their consent can also be convicted of sexual battery or assault, no matter what the age of the victim.
A lawyer, as a member of the legal profession, is a representative of clients, an officer of the legal system and a public citizen having special responsibility for the quality of justice. III. As a representative of clients, a lawyer performs various functions. As advisor, a lawyer provides a client with an informed understanding ...
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.
The Rule refers to "communicate", not "contact.". The lawyer has the obligation to not participate in the communication initiated by a represented party unless and until the party's attorney consents. 6. Question No. 7: May the lawyer communicate with a represented co-party (as opposed to an adverse party) in a lawsuit without the consent ...
Answer: There are several categories of exceptions that derive from SCR 173 (MR 3.4): 1. During the communication, the lawyer may not counsel or assist the witness to testify falsely; 24. 2. During the communication, the lawyer may not offer an inducement to a witness that is prohibited by law; 25. 3.
Answer: This is allowed when permitted by law. "Permitted by law" has been interpreted to mean that post-trial communication with discharged jurors is permitted, except when statute, local court rule, or an order from the judge presiding in the case prohibits it. ENDNOTES.
Answer: The general rule is that they are no longer protected and the lawyer may communicate with them without the consent of their former employer's attorney — as long as they are not in possession of attorney/client privileged information or work product related to the case or matter.
Answer: Yes. The lawyer may communicate with a represented party about any matter outside the subject of the representation — social or otherwise — as long as another attorney on the subject does not represent the party. 4.
During the communication, the lawyer may not request a person other than a client to refrain from voluntarily giving relevant information to another party unless: (a) The person is a relative or an employee or other agent of a client; and.
Answer: No, but if the lawyer scripts the content of the communication (as opposed to conferring about the strategy of the communication), rather than letting the content of the communication originate from the client, it may be held to be a prohibited Rule 182 contact. 5.
Be courteous to your lawyer and his or her team. Don’t ask your lawyer to do anything illegal or unethical. Pay your legal bills in a timely manner. These duties are often implied as part of the attorney-client relationship, even if you didn’t expressly agree to them in a retainer agreement.
If your lawyer violates these rules, he or she can be disciplined or even face a legal malpractice suit.
If you signed a retainer agreement when your hired your lawyer, it may include specific duties that you owe your lawyer. Because the retainer agreement is a contract, you are legally bound by its terms. In general, clients have the following duties: 1 Be truthful with your lawyer. 2 Cooperate with your lawyer and respond to requests for information in a timely manner. 3 Attend meetings and legal proceedings, such as a deposition or mediation. 4 Be courteous to your lawyer and his or her team. 5 Don’t ask your lawyer to do anything illegal or unethical. 6 Pay your legal bills in a timely manner.
Each state has its own ethical rules for lawyers, called the rules of professional conduct. When lawyers fail to live up to this code of conduct, the state disciplinary board can take action against them—from a simple warning to disbarment (losing the license to practice law forever).
This is called the “crime-fraud exception.”. For example, if you tell your lawyer that you plan on murdering someone tomorrow, your lawyer can alert the authorities. However, the rule generally does not apply to discussions of past criminal acts, unless the purpose is to cover up the crime.
When you seek advice from an attorney about a legal matter, your private communications with your lawyer are protected by the attorney-client privilege. This means that your lawyer cannot reveal any information that you disclose to him or her in confidence, unless you give your express permission.
represent you competently, zealously, and within the bounds of the law. keep conversations with you confidential, except in specific and rare occasions. communicate with you in a timely and effective manner. keep you informed of developments in your case.
When a client fires a lawyer and asks for the file, the lawyer must promptly return it. In some states, such as California, the lawyer must return the file even if attorneys’ fees haven’t been paid in full. Lawyer incompetence. Lawyers must have the knowledge and experience to competently handle any case that they take on.
The American Bar Association publishes the Model Rules of Professional Conduct, which lists standard ethical violations and best practices for lawyers. Some states have adopted the model rules as their own ethical rules, while others use it as a guide and modify or add rules.
In most states, you can file your complaint by mailing in a state-issued complaint form or a letter with the lawyer's name and contact information, your contact information, a description of the problem, and copies of relevant documents. In some states, you may be able to lodge your complaint over the phone or online.
Lawyers are given a lot of responsibility and often deal with serious matters, from criminal charges to child custody to tax and other financial matters. When you hire a lawyer, you are trusting him or her to represent your interests in the best manner possible. To protect the public—and the integrity of the legal profession—each state has its own code of ethics that lawyers must follow. These are usually called the “rules of professional conduct.”
Lawyer incompetence. Lawyers must have the knowledge and experience to competently handle any case that they take on. They must also be sufficiently prepared to handle matters that come up in your case, from settlement negotiations to trial. Conflicts of interest.
If there's no evidence of a violation, the board will dismiss the case and notify you. If the violation is minor, a phone call or letter to the lawyer usually ends the matter.
In most cases, a board of lawyers and non-lawyers will review the complaint. If there’s a potential ethical violation, the board will give the lawyer a copy of the complaint and an opportunity to respond.
The no-contact rule is “to protect uncounseled persons against being taken advantage of by opposing counsel” and to safeguard the client-lawyer relationship from interference, the Committee said. Contact between the in-house lawyer and opposing counsel does not present either of these dangers, said the Committee.
Rule 4.2 and its comments describe permissive exceptions including contacts that are authorized by law (such as the constitutional right to petition the government) or a court order, or that don’t relate to the subject of the dispute.
Most lawyers have a general understanding of the “no-contact rule” — namely that under state versions of Model Rule 4.2, with a few exceptions, you can’t communicate directly on the subject of the representation with someone you know is represented by counsel.
Therefore, the Committee concluded, the in-house lawyer does not need the protection of the no-contact rule.
In confirming that a lawyer “is generally permitted to communicate with a corporate adversary’s in-house counsel about a case in which the corporation has hired outside counsel,” the Virginia State Bar Association’s Standing Committee on Legal Ethics referred to the purpose of Rule 4.2.