Can a bar-sponsored justice center that identifies legal problems, refers people to services, and gives limited advice through supervised volunteer lawyers operate without violating the ban on corporate practice of law?

Plain-English summary

The Louisville Bar Foundation asked whether a proposed Justice Center would run afoul of the prohibition on the corporate practice of law. The Center would identify legal and nonlegal problems for members of the public and refer them to appropriate providers, such as the Commonwealth's Attorney, Legal Aid, Lawyer Referral, the Public Defender, or Small Claims Court; offer general legal and nonlegal information through seminars and brochures; give limited advice on whether legal problems exist through volunteer lawyers (or later staff attorneys) or paralegals supervised by a lawyer; and charge a nominal scaled fee to defray expenses. The Committee concluded the proposal is fully coexistent with the Code.

The opinion relied on Ethical Consideration EC 8-3, which provides that members of the public should be educated to recognize legal problems and the resulting need for legal services, should be provided methods for the intelligent selection of counsel, and, when unable to pay, should be provided needed services. The Committee concluded the Center would be a concrete step toward those goals, and that the public interest in accomplishing them far outweighs any interest that might arguably be served by enjoining the Center from providing the limited legal advice contemplated through volunteer lawyers or staff attorneys.

Currency note

This opinion was issued in 1988 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. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance.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: Can a bar foundation run a justice center that gives the public limited legal advice?

A: Yes. The opinion concluded the proposed Justice Center, giving limited advice through volunteer or staff lawyers and supervised paralegals, is fully consistent with the Code.

Q: Does charging a nominal fee or operating through an organization make it the corporate practice of law?

A: The opinion concluded the proposal does not run afoul of the corporate-practice prohibition, treating the Center as advancing EC 8-3's goals of public legal education and access to counsel.

Q: What was the basis for approving the Center?

A: The opinion relied on EC 8-3, reasoning that the public interest in educating people about legal problems and connecting them with counsel outweighs any interest in barring the Center's limited legal advice.

Background and rules framework

The opinion interprets Ethical Consideration EC 8-3 of the former Code, which concerns public access to legal services. The modern analogs include Model Rule 5.4 (professional independence, which underlies the corporate-practice and nonlawyer-involvement concerns) and Model Rule 6.1 (voluntary pro bono service). The analysis turns on the Center's public-service purpose and lawyer supervision of any advice given.

Citations and references

Rules of Professional Conduct:

• EC 8-3 (former Code; public access to legal services)
• MR 5.4 (professional independence of a lawyer); MR 6.1 (pro bono service)

See also

• ABA Formal Op. 506: Nonlawyer Assistants & Intake

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-329.pdf

Original opinion text

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

KENTUCKY BAR ASSOCIATION
Ethics Opinion KBA E-329
Issued: April 1988

This opinion was decided under the Code of Professional Responsibility, which was in
effect from 1971 to 1990. Lawyers should consult the current version of the Rules of
Professional Conduct and Comments, SCR 3.130 (available at http://www.kybar.org),
before relying on this opinion.

Question:

The Louisville Bar Association has proposed that a Justice Center be established to
provide the public service of identifying legal and nonlegal problems for members
of the public, and referring the individual to an appropriate provider of services,
such as the Commonwealth's Attorney, Legal Aid, Lawyer Referral, the Public
Defender, or, when appropriate, the Small Claims Court.
Furthermore, "future" plans contemplate advice regarding available methods or
sources of alternative dispute resolution. The Justice Center would also provide
legal and nonlegal information to the general public through seminars and
brochures that will deal with general, as opposed to individual, problems. To the
extent that advice will be given as to whether legal problems exist, such advice will
be provided by volunteer lawyers (or later, a staff attorney or attorneys) or
paralegals under the supervision of a lawyer.
The Justice Center would charge a nominal "scaled" fee to help defray the expenses
of the Center.
The Louisville Bar Foundation asks if such a Center would run afoul of the
prohibition of corporate practice of law.

Answer:

In our opinion, the Justice Center proposal is fully coexistent with the Code.

References:

EC 8-3.
OPINION

Ethical Consideration EC 8-3 provides in part that "members of the public should be
educated to recognize the existence of legal problems and the resultant need for legal services, and
should be provided methods for intelligent selection of counsel. Those persons unable to pay for
legal services should be provided needed services."
The creation and operation of a Justice Center would be a concrete step in the direction of
realizing the above stated goals. Moreover, the public interest in accomplishing these desirable
goals is far outweighed by any public interest (if there is one) that might arguably be served by

enjoining the Center from providing the limited "legal advice" contemplated through volunteer
lawyers or even full time staff attorneys.

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.