News & Updates
Effective April 1, 2022: Amendments to the Kentucky Supreme Court Rules
The Kentucky Supreme Court announced several proposed amendments to the rules have been approved and will be effective on April 1, 2022. We will provide a more thorough review of the rules in our April edition of the LMICK Minute.
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.