What kinds of questions will the Kentucky Bar Association ethics committee answer in an advisory opinion?

Plain-English summary

Responding to frequent requests from opponents in litigation, clients, the media, and others, the Committee issued a formal opinion describing the limits of its own jurisdiction. It pointed to Supreme Court Rule 3.530(1), which provides that "[a]ny attorney who is in doubt as to the propriety of any professional act contemplated by him ... may in writing to the Director petition for an advisory opinion thereon."

Consistent with that language, the Committee explained that it does not answer questions relating to the past or anticipated conduct of opposing counsel or other third parties, nor an attorney's own past conduct unless it is tied to his or her future conduct. It restated that it does not answer questions of law. It said that resolving disagreements between attorneys, between attorneys and clients, and between attorneys and third parties is outside its jurisdiction. It added that responding to media inquiries about pending opinion requests would be inconsistent with the Rule and the Committee's proper function, and that the Committee has no jurisdiction to render a legal analysis of the powers of any government official.

Currency note

This opinion was issued in 1984 under Kentucky's former Code of Professional Responsibility (in effect 1971 to 1990), before the Kentucky Bar Association's 1990 adoption of the Rules of Professional Conduct (SCR 3.130) and the substantial 2009 revisions to those rules. The Supreme Court Rule governing the advisory-opinion process (SCR 3.530) has since been amended. Treat this page as historical context, not current guidance. Verify against the current rules before relying on any specific rule, deadline, or requirement mentioned here.

Common questions

Q: Will the Kentucky ethics committee opine on opposing counsel's conduct?

A: No. The opinion stated the Committee does not answer questions relating to the past or anticipated conduct of opposing counsel or other third parties.

Q: Will the committee address a lawyer's own past conduct?

A: Only if it is tied to the lawyer's future conduct. The opinion explained that an attorney's own past conduct is not addressed unless connected to what the attorney plans to do.

Q: Does the committee answer questions of law or resolve disputes?

A: No. The opinion stated the Committee does not answer questions of law, and that resolving disagreements between attorneys, clients, and third parties is outside its jurisdiction.

Background and rules framework

The opinion interprets Kentucky Supreme Court Rule 3.530(1), which authorizes an attorney in doubt about the propriety of a professional act contemplated by him to petition the Director for an advisory opinion. The opinion does not interpret a substantive Rule of Professional Conduct; it describes the scope of the advisory-opinion mechanism itself.

Citations and references

Rules and authorities:

• Kentucky Supreme Court Rule 3.530(1) (advisory-opinion jurisdiction)

See also

No sibling opinions yet indexed.

Source

• Landing page: https://kybar.org/For-Members/Rules-Ethics-Information/Ethics-Opinions
• Original PDF: https://kybar.org/Portals/0/Admin/Ethics%20Opinions/KBA_E-297.pdf

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

KENTUCKY BAR ASSOCIATION
Ethics Opinion KBA E-297
Issued: November 1984

OPINION
JURISDICTION OF THE ETHICS COMMITTEE
Frequent requests for Informal or Formal Opinions from opponents in litigation, clients, the
media, and others, necessitates the issuance of a Formal Opinion regarding the Committee's
jurisdiction.
With regard to the Ethics Committee (as opposed to the Unauthorized Practice of Law
Committee), Supreme Court Rule 3.530(1) provides:
"Any attorney who is in doubt as to the propriety of any professional act
contemplated by him ... may in writing to the Director petition for an advisory
opinion thereon." (Emphasis added.)
Consistent with this language, the Committee does not answer questions relating to the past
or anticipated conduct of opposing counsel or other third parties, or an attorney's own past conduct
unless it is tied to his or her future conduct. The Committee has previously stated that it does not
answer questions of law. The resolution of disagreements between attorneys, attorneys and clients,
and attorneys and third parties, is not in the Committee's jurisdiction. Similarly, responding to
media inquiries regarding pending requests for opinions would be inconsistent with the language of
the Rule and the proper function of the Committee. Finally, the Committee does not have
jurisdiction to render a legal analysis of the powers of any government official.

Note to Reader
This ethics opinion has been formally adopted by the Board of Governors of the Kentucky
Bar Association under the provisions of Kentucky Supreme Court Rule 3.530 (or its predecessor
rule). The Rule provides that formal opinions are advisory only.