(1) At
least twice each educational year, the Commission
shall provide or cause to be provided a New
Lawyer Program of not less than twelve
and one-half (12.5) credits. The Commission may
in its discretion, accredit a New Lawyer
Program proposed by other CLE providers.
(2)
Continuing legal education credits for the New
Lawyer Program shall be awarded in a
number consistent with the award of credits for
other continuing legal education programs.
(3) The
New Lawyer Program shall include at least
two (2) hours of ethics, a course on law
practice management and other subjects
determined appropriate by the Commission.
(4) The
Commission or other provider accredited under
SCR 3.652(l) may charge a reasonable
registration fee approved by the Supreme Court
of Kentucky for the New Lawyer
Program.
(5)
Within twelve (12) months following the date of
admission as set forth on the certificate of
admission, each person admitted to membership to
the Kentucky Bar Association shall complete the
New Lawyer Program.
(6) Each
individual attending the New Lawyer
Program shall certify to the Director the
completion of the Program on the attendance
certificate provided for that purpose. Such
certification shall be submitted to the Director
upon completion of the program and in no case
shall the certification be submitted later than
thirty (30) days after completion of the
program. Continuing legal education credits
awarded for the program shall be applied to the
educational year in which the program is
attended, and if applied to a year in which the
individual so attending is otherwise exempt from
CLE requirements under SCR 3.666(l)(b), then
said credits shall carry forward in accordance
with SCR 3.661(5) and (6).
(7)
Members required to complete the New Lawyer
Program pursuant to paragraph (5) of this
Rule may, upon application to and approval by
the Commission, be exempted from the requirement
if the member is admitted to practice in another
jurisdiction for a minimum of five years, and
will certify such prior admission to the
Commission, or if the member has attended a
mandatory new lawyer training program of at
least twelve and one-half (12.5) credits,
including two (2) ethics credits, offered by the
state bar association of another jurisdiction
and approved by the director.
(8) The
time for completion and certification set forth
in paragraphs (5) and (6) of the Rule may, upon
written application to and approval by the
Commission or its designee, be extended. Written
applications for an extension under this
paragraph must be received by the Commission no
later than thirty (30) days after the member’s
deadline to complete the Program as set forth in
paragraph (5) of this Rule. All applications
must be signed by the member and notarized. The
Commission may approve extensions for completing
the Program under the following
circumstances:
(a) Where the member demonstrates
hardship or other good cause clearly warranting
relief. Requests for relief under this
subsection must set forth all circumstances upon
which the request is based, including supporting
documentation. In this circumstance, the member
shall complete the requirement set forth in
paragraphs (5) and (6) as soon as reasonably
practicable as determined by the Commission or
its designee; or
(b) Where the member fails to
demonstrate hardship or other good cause clearly
warranting relief. In this circumstance, the
member must pay a fee of $250.00 and complete
the requirement set forth in paragraphs (5) and
(6) at the next regularly scheduled New Lawyer
Program.
(9)
Failure to complete and certify attendance for
the New Lawyer Program pursuant to
paragraphs (5), (6), or (8) of this Rule shall
be grounds for suspension from the practice of
law in the Commonwealth or other sanctions as
deemed appropriate by the Court. Ninety (90)
days prior to the end of the twelve (12) month
period all individuals not certifying completion
of the New Lawyer Program pursuant to
paragraphs (5), (6) or (8) shall be notified in
writing that the program must be completed
before the end of the twelve (12) month period,
indicating the date. Names of all individuals
not submitting certification of completion of
the New Lawyer Program within the twelve
(12) month period or not being granted an
extension of time, pursuant to paragraph (8) of
this Rule, shall be submitted to the Court by
the Director, certifying the member’s failure to
comply with the New Lawyer Program
requirement. The Clerk shall docket the matter
and the Court shall issue each such member a
rule returnable within twenty (20) days
thereafter to show cause why the member should
not be suspended from the practice of law or
otherwise sanctioned as deemed appropriate by
the Court. The Commission shall be permitted to
file a reply within ten (10) days following the
filing of a response by a member. Unless good
cause be shown by the return date of the rule,
or within such additional time as may be allowed
by the Court, an Order shall be entered
suspending respondent from the practice of law
or imposing such other sanctions as may be
deemed appropriate by the Court. An attested
copy of the Order shall forthwith be delivered
by the Clerk to the member, the Director, and in
the case of suspension, to the Circuit Clerk of
the district wherein the member resides for
recording and indexing as required by Rule
3.480.
HISTORY: Amended by Order 2012-01, eff. 3-1-12; prior amendments eff. 2-1-08 (Order 2007-007), 1-1-04 (Order 2003-4), 1-1-97 (Order 96-1), 7-1-95; adopted eff. 9-1-93