Attorney Advertising Rules for the State of Kentucky

In Kentucky, attorney advertising is regulated by the Kentucky Rules of Professional Conduct, specifically Rules 3.130(7.01) through 3.130(7.60), and is overseen by the Attorneys’ Advertising Commission (AAC).

KyBar

Rule 3.130(7.01): Definitions

This rule defines “advertisement” as any information or communication containing a lawyer’s name or other identifying information, intended to make known the lawyer’s services. Exceptions include professional cards, public service announcements identifying the sponsor as a lawyer or law firm without additional information, and signs near the law office.

Westlaw Government

Rule 3.130(7.20): Advertising

Lawyers in Kentucky may advertise their services through various media, provided they adhere to specific conditions:

• Payment for Recommendations: A lawyer shall not give anything of value to a non-lawyer for recommending the lawyer’s services, except for paying the reasonable cost of advertising or communication permitted by this rule, paying the usual charges of a legal service plan or a not-for-profit lawyer referral service, paying for a law practice in accordance with Rule 1.17, and reciprocal referral agreements under certain conditions.

Casetext

• Required Disclosures: Advertisements must include the name and office address of at least one lawyer or the name of a law firm. The lawyer or lawyers in Kentucky are responsible for the content of the advertisement.

Casetext

• Retention of Advertising Records: Lawyers must retain a copy or recording of all advertisements, along with a record of when and where they were used, for two years after their last dissemination. Electronic retention is permitted if in PDF format or other formats designated by the Commission.

Casetext

Rule 3.130(4.5): Solicitation of Clients

This rule addresses direct solicitation of clients:

• Prohibited Solicitations: A lawyer shall not solicit professional employment by in-person, live telephone, or real-time electronic contact when a significant motive is the lawyer’s pecuniary gain, unless the person contacted is a lawyer or has a family, close personal, or prior professional relationship with the lawyer.

KyBar

• Permitted Written Communications: Solicitation through written, recorded, or electronic communication is permitted under certain conditions, provided it complies with Rule 3.130(7.10) and is not coercive or harassing.

Rule 3.130(7.40): Communication of Fields of Practice

Lawyers may communicate whether they practice in particular fields of law. However, a lawyer shall not state or imply that they are certified as a specialist in a particular field of law, unless they have been certified by an organization approved by an appropriate authority or accredited by the American Bar Association, and the name of the certifying organization is clearly identified in the communication.

KyBar

Rule 3.130(7.50): Firm Names and Letterheads

This rule governs the use of firm names and professional designations:

• Use of Trade Names: A law firm may use a trade name in private practice if it is not misleading and does not imply a connection with a government agency or with a public or charitable legal services organization.
• Names of Lawyers: The use of names of deceased or retired members is permissible if the firm is a bona fide successor. However, the name of a lawyer holding public office must not be used in the firm name during any substantial period in which the lawyer is not actively and regularly practicing with the firm.

Attorneys practicing in Kentucky should familiarize themselves with these rules to ensure compliance in their advertising practices. For comprehensive information and resources, attorneys can consult the Kentucky Bar Association’s compilation of the Kentucky Rules of Professional Conduct, which provides access to the full text of the rules, ethics opinions, and guidelines to assist lawyers in adhering to ethical standards in all aspects of their practice.

KyBar