2.111 Limited certificate of admission to practice law

(1) Every attorney not a member of the Bar of this Commonwealth who performs legal services in this Commonwealth solely for his or her employer, its parent, subsidiary, or affiliated entities, shall file with the Kentucky Office of Bar Admissions on a form provided an application for a limited certificate of admission to practice law in this Commonwealth. Such application shall be reviewed by the Character and Fitness Committee. If approved, a limited certificate of admission to practice law shall be granted, and shall be effective as of the date such application is approved, provided that the following prerequisites are satisfied:

(a) The applicant must be admitted to practice in the highest court of another jurisdiction and be a member in good standing at the Bar of such jurisdiction, at the time of filing such application.

(b) The attorney applying for a limited certificate of admission to practice law shall sign a sworn statement certifying to the Supreme Court that the applicant:

(i) Has completed the study of law in an accredited law school;

(ii) Has been admitted to practice in the highest Court of another jurisdiction;

(iii) Is presently in good standing at the Bar of such Court, or such jurisdiction;

(iv) Will perform legal services in this Commonwealth solely for his or her employer, its parent, subsidiary, affiliated entities, or on a pro bono basis as permitted under paragraph (4)(c) below.

(c) A statement signed by a representative of such applicant's employer stating that such applicant is an employee for such employer, and performs legal services in this Commonwealth for such employer, its parent, subsidiary, or affiliated entities, shall be filed with the application.

(2) Such applicant shall pay to the Kentucky Office of Bar Admissions, at the time of submission of such application, a fee of $1,500.00 and shall make payment of the current annual dues or fees to the Kentucky Bar Association, as authorized under SCR 3.040.

(3) Upon granting of such limited certificate of admission to practice law, and issuance of said limited certificate by the Clerk of the Supreme Court of Kentucky, such applicant shall be and shall remain, during the period the limited certificate of admission to practice law remains in effect, an active member of the Kentucky Bar Association, subject to all duties and obligations of members admitted under SCR 2.110, SCR 2.120, and SCR 3.645.

(4) The following restrictions and limitations shall apply to such attorney's right to practice in this Commonwealth:

(a) Such attorney shall perform legal services in this Commonwealth solely for his employer, its parent, subsidiary, or affiliated entities, and shall not provide legal services in this Commonwealth, to any other individual or entity, except as permitted under paragraph (4)(c) below.

(b) Such attorney shall not appear as attorney of record for his employer, its parent, subsidiary, or affiliated entities, in any case or matter pending before the Courts of this Commonwealth, without first engaging an active member of the Bar Association in good standing, admitted under SCR 2.120 or SCR 2.110 other than one admitted under a limited certificate of admission, as co-counsel, whose presence shall be necessary, when required by the Court, at all trials or other times specified by the Court. Nothing herein shall prevent such attorney from appearing in any case or matter to which the attorney is a party, or appearing in the Small Claims Division of the District Court as otherwise provided in SCR 3.020.

(c) An attorney admitted with a limited practice certificate under this rule is authorized to donate legal services in Kentucky through: [i] a duly organized legal aid program offering pro bono representation to indigent individuals within the Commonwealth of Kentucky, or [ii] a local bar association legal pro bono program or initiative. No fee can be accepted by the attorney with a limited practice certificate for the rendering of any legal services in connection with items [i] and [ii] above. An attorney donating legal services under this rule is subject to all duties and obligations of members admitted under SCR 2.110, SCR 2.120, and 3.645.

(5) The performance of legal services in this Commonwealth solely for such attorney's employer, its parent, subsidiary, affiliated entities, or in connection with a pro bono program contained in paragraph 4(c) following admission to the Kentucky Bar on a limited certificate shall be considered to be the active engagement in the practice of law for all purposes.

(6) The limited certificate of admission to practice law in this Commonwealth shall expire if such attorney is granted a certificate of admission to practice, or is admitted to the Bar of this Commonwealth under any other rule of this Court, or if such attorney ceases to be an employee for the employer or its parent, subsidiary, or affiliated entities listed on such attorney's application. However, if such attorney, within thirty (30) days of ceasing to be an employee for the employer or its parent, subsidiary, or affiliated entities listed on such attorney's application, becomes employed by another employer for which such attorney shall solely perform legal services, such attorney may maintain his or her admission under this Rule by promptly filing with the Clerk of the Supreme Court a statement to such effect, stating the date on which his or her prior employment ceased and his or her new employment commenced, identifying his or her new employer and reaffirming that he or she shall not provide legal services, in this Commonwealth, to any other individual or entity. If an attorney admitted under this rule ceases employment with no subsequent employment by a successor employer within thirty (30) days, such attorney shall promptly file with the Clerk of the Supreme Court, the Office of Bar Admissions, and the Kentucky Bar Association a written statement to such effect, stating the date that such employment ceased.

(7) Except as specifically limited herein, the rules, rights, and privileges governing the practice of law shall be applicable to an attorney admitted under this Rule.

Note: Former Rules of Appellate Procedure (RAP) were amended and redesignated as Rules of the Supreme Court (SCR) by Order of the Supreme Court effective January 1, 1978. Prior Rules of the Court of Appeals (RCA) had been redesignated as Rules of Appellate Procedure effective March 12, 1976.