Ky. R. Sup. Ct. 2.117

As amended through November 7, 2024

Rule SCR 2.117 - Practice Pending Admission

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 section 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 section; 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 paragraph 3(f) 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 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 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.

Ky. R. Sup. Ct. SCR 2.117

Adopted by Order 2021-13, eff. 5/1/2021.