SCR 3.130 KENTUCKY RULES OF PROFESSIONAL CONDUCT

INFORMATION ABOUT LEGAL SERVICES

Current with amendments received through 6/30/99

SCR 3.130(7.02) DEFINITIONS

For purposes of this Rule, the following definitions shall apply:

(1) "Advertise" or "advertisement" means to furnish any written, printed or broadcast information or any other communication containing an attorney's name or other identifying information, except the following:

(a) A professional card of an attorney identifying the attorney by name and as a lawyer, and giving addresses, telephone numbers and law firm name. A professional card of a law firm may also give the names of members and associates, and jurisdictions in which the lawyer is licensed to practice.

(b) A public service broadcast announcement identifying the sponsor as an attorney by name and as a lawyer, or by firm name, but same shall not give addresses, telephone numbers, or other information which promotes advertising.

(c) A professional announcement stating new or changed associations or addresses or change of firm name. It shall not state biographical data except to the extent necessary to identify the lawyer or to explain the change in his or her association, but it may state the immediate past position of the lawyer and jurisdictions in which the lawyer is licensed to practice. It may give the names and dates of predecessor firms in a continuing line of succession.

(d) A telephone book listing, containing only the information specified in subsection (a) of this section. Each separate office maintained by an attorney may have a separate telephone listing.

(e) A sign on or near the law office and in the building directory identifying the law office and containing only the information specified in subsection (a) of this section.

(f) A letterhead of a lawyer containing addresses, telephone numbers, the name of the law firm, associates, and the jurisdictions in which the lawyer is licensed to practice. A letterhead of a law firm may also give the names of members and associates, and names and dates relating to deceased and retired members. A lawyer may be designated "Of Counsel" on a letterhead if there is a continuing relationship with a lawyer or law firm, other than as a partner or associate. A lawyer or law firm may be designated "General Counsel" or by similar professional reference on stationery of a client if the lawyer or the firm devotes a substantial amount of professional time in the representation of that client. The letterhead of a law firm may give the names and dates of predecessor firms in a continuing line of succession.

(g) Any communication by a lawyer to third parties that is published or broadcast by a third party who is not in any way controlled by the lawyer, and for which publication or broadcast the lawyer pays no consideration, shall be exempt from all the provisions of these Rules except Rule 7.10.

(h) Communication to, for or on behalf of an existing client shall not be included within the definition herein. It is not the intention of the Rules to designate such communications performed in the regular course of representation of an existing client as advertising.

(i) The inclusion of any truthful information pertaining to national certification by an organization qualifying under Peel v. Attorney Registration and Disciplinary Commission of Illinois , 110 S.Ct. 2281 (1990), shall not disqualify a communication otherwise exempt under these Rules.

(2) "Legal Services" means the practice of law as defined in SCR 3.020.

Amended by Order 93-1, eff. 9-1-93; adopted eff. 8-1-92

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