New Kentucky Ethics Opinion: KBA E-454 Addresses the Ethical Obligations of an Attorney as a Guardian Ad Litem
The Kentucky Bar Association Ethics Committee has issued a formal ethics opinion addressing duties of a GAL. The opinion discusses how “[c]ritics have argued that the ‘best interest’ representation as a GAL under Kentucky law (KRS 387.305), especially in family law cases, does not ‘comport’ with an attorney’s ethical responsibilities under the Kentucky Rules of Professional Conduct….[C]ritics maintain that a ‘best interest’ lawyer who substitutes his or her best-interest judgment for that of the child runs afoul of the duties to ‘…advocate…zealously…the client’s position’ and to ‘…abide by a client’s decisions concerning the objectives of [the] representation.’” This opinion addresses these concerns and provide guidance to attorneys acting as a GAL. Read the full opinion here.
New Rules Impacting Mediation Effective February 1, 2022 The Kentucky Supreme Court has entered Administrative Order 2022-04, which replaces in their entirety the Model Mediation Rules and AP Part XII, Mediation Guidelines for Court of Justice Mediators.
New Rules Impacting Mediation Effective February 1, 2022 The Kentucky Supreme Court has entered Administrative Order 2022-04, which replace in their entirety the Model Mediation Rules and AP Part XII, Mediation Guidelines for Court of Justice Mediators.
Client Notification Requirements in the Wake of a Disaster
In light of the damage caused by the Western Kentucky tornadoes, LMICK has partnered with one of its Board Members, Sarah McKenna, to provide resources addressing an attorney’s ethical obligations to clients following a natural disaster. Ms. McKenna, along with her Dinsmore attorney colleagues Chase Cunningham, John Selent, and Joe Tucker, created the resources below for Lawyers Mutual. The following summary of the law and related documents are educational and not intended as legal advice. Any templates provided must be tailored to your particular situation and should be drafted in consultation with your professional liability carrier, if other than Lawyers Mutual of Kentucky.