SCR 3.130 KENTUCKY RULES OF PROFESSIONAL CONDUCT

INFORMATION ABOUT LEGAL SERVICES

Current with amendments received through 6/30/99

SCR 3.130(7.09) WAIVER AND FORFEITURE OF FEES FOR PROHIBITED SOLICITATION

(1) In the event a lawyer is found to have illegally or unethically solicited a client for which compensation is paid or payable, all fees arising from such transaction shall be deemed waived and forfeited and shall be returned to the client.

(2) The client, and any other person having direct knowledge of such solicitation, shall have the right to present such information to the Trial Court in which the legal action was brought, or could have been properly brought if settlement occurs prior to filing of an action, and the Trial Judge of that court shall determine whether an evidentiary hearing should be held on such charges. In the event the Trial Judge determines a hearing should be held, such hearing shall be held forthwith before the Trial Judge and the court shall determine whether or not an illegal or unethical solicitation occurred which resulted in the employment of the accused lawyer, and upon such determination shall return findings of fact and conclusions of law which shall be deemed final and appealable as in any other action from the Circuit Court. If the Trial Judge should determine adequate cause does not exist for conducting a hearing, an Order so stating shall be placed of record, which Order shall be deemed final and appealable.

(3) Any presentation to the Trial Court of information pursuant to this Rule shall occur within ninety (90) days after a final dismissal or settlement of the claim or after payment of the fee to the attorney, whichever shall first occur.

Adopted by Order 92-1, eff. 8-1-92

Ethics Opinions At This Website Citing This Rule

KBA E-403