APEC economy: United States of America; Jurisdiction: Kentucky
Temporary practice ('fly-in, fly-out' practice)
There is no express rule allowing temporary practice by foreign lawyers.
Limited licensing of foreign lawyers (foreign legal consultant rules)
A foreign lawyer cannot obtain a limited licence entitling them to offer advisory services in foreign and international law (ie become a foreign legal consultant).
Full licensing
A foreign lawyer can obtain a full licence to practise law in this jurisdiction.
The relevant legislation is Kentucky Supreme Court Rule 2.014(3). The responsible body is the Kentucky Supreme Court, Kentucky Office of the Bar Admissions and the Kentucky Bar Association.
In order to obtain a full licence to practise law in this jurisdiction, under rule 2.014, a foreign lawyer's legal education must be found to be the substantial equivalent of the legal education provided by ABA approved law schools of Kentucky and expects an evaluation of this to be borne by the foreign lawyer. Secondly, appropriate supporting documentation must be submitted. Thirdly, proof of lawful practice of law active and substantial as principal business or occupation for three of the last five years must be provided. Finally, the applicant must pass the Kentucky Bar examinations. These requirements are the same as for a local applicant.
Commercial association between lawyers and law firms
In this jurisdiction:
- local lawyers may be employed by another local lawyer of a local firm;
- local lawyers may be employed by a foreign lawyer or foreign firm;
- foreign firms are not permitted to establish a commercial presence (a permanent office) to offer advisory services in foreign and international law.
Other regulatory issues
In this jurisdiction:
- foreign lawyers cannot establish an office in the absence of enabling legislation;
- there are specific rules in relation to advertising. These rules are Kentucky Supreme Court Rules 3.130 (7.01-7.25);
- there are specific rules in relation to use of names by lawyers or law firms. These rules are Kentucky Supreme Court Rules 3.130 (7.50).
Foreign lawyers and firms are treated the same as local lawyers in the application of these rules.
Contacts
| Category | Name | Website or other contact details |
|---|---|---|
| Organisation(s) that controls licensing of lawyers | Kentucky Bar Association | www.kybar.org |
Other issues
The Supreme Court Rules express a necessity for an applicant's legal education to be ABA accredited or a substantial equivalent of same, whether a domestic or foreign applicant is under consideration.