Lucky for those with legal issues in Kentucky, there are no shortage of options to find a reliable Kentucky attorney that will manage your case with professionalism and knowledge of the legal system that will work in your favor.
How do laws vary from state-to-state?
Gun control laws are an excellent example of how legislation varies by location. Kentucky law for example has a rare distinction of issuing a Concealed Deadly Weapons License, renewable every five years that permits the user to carry guns and other weapons such as clubs and brass knuckles. No permit is required to purchase long guns or handguns, nor do the weapons need to be registered or the owner be licensed. Kentucky state law also preempts all local restrictions except for some government buildings and educational institutions. Additional unique Kentucky gun laws waive residency requirements for members of the military stationed in Kentucky and specific requirements on a marksmanship test. The standard to be certified is generally hitting a target 7 yards away with 11 out of 20 shots fired.
Why would I need a Kentucky attorney?
Laws vary from state to state and the Kentucky attorney will able to help you determine the legality of your actions. The Kentucky attorney will be able to review your contracts and other legally binding agreements and provide beneficial legal advice that may be applicable to your situation. Kentucky attorneys will specialize in a number of practice areas, thus increasing their professional profile and expertise in that field. Seek out a specialized Kentucky attorney or use a lawyer referral service to find a Kentucky attorney that suits your needs.
What are organizations of Kentucky attorneys?
The Kentucky Bar Association is a mandatory membership organization based in Frankfort, Kentucky that governs the professional behavior of Kentucky attorneys. Among the important services provided by the KBA include lawyer complaints resolution and ethics rules to ensure that all Kentucky attorneys maintain an acceptable level of professionalism. The appropriate rules of professional conduct for Kentucky attorneys can be found in the Kentucky Supreme Court rules and include such provisions for self-government of the legal profession, providing the best possible representation for clients and improving access to the legal system.
The KBA also maintains a Kentucky attorney Assistance Program (KYLAP) that advises lawyers with issues that may impair their practice, such as a lack of professionalism or substance abuse. Kentucky attorneys may use the services of KYLAP at any time or may be ordered to do so by the State Supreme Court in response to ethics and professionalism complaints.
Members of the Kentucky Bar Association will pay dues to the organization and may also join professional practice sections for areas such as criminal law education and equine law. These practice sections will serve as a professional network in addition to keeping the Kentucky attorney up to state on relevant developments that affect their legal practice.
Kentucky attorneys will have access to the online legal service “Casemaker” that assists them with legal research with information on federal and state law.
Unlike other states, the KBA does not have its own Lawyer Referral service but can direct you to a private or local lawyer referral service that will connect you with a Kentucky attorney that will provide you with legal assistance. The local lawyer referral services include both the Central and Northern Kentucky Bar Association Lawyer Referral Services, which are affiliated with county-wide bar associations.
How do I know my Kentucky attorney is legitimate?
Membership in the KBA is mandatory and all Kentucky attorneys must have a certificate of good standing to practice law. You will ask the Kentucky attorney to display this certificate if you have any doubts about the legitimacy of your lawyer. You will be able to look up lawyers through the KBA website, which has an online directory of Kentucky attorneys and lawyers allowed to practice within Kentucky.
All lawyers in Kentucky, by order to the State Supreme court, will pay into a Client Security Fund that protects clients from potential malpractice at the hands of a negligent Kentucky attorney. You will be secure knowing that you have this protection when working with a Kentucky attorney. The claims must be approved by the court and are limited to $65,000 per claim against the negligent lawyer. Failure to pay into the fund will be grounds for the suspension of the Kentucky attorney.
If you must file a complaint against a Kentucky attorney, the complaint must be notarized and filed with the Kentucky Bar for investigation. Only then will you be considered for reimbursement from the Client Security Fund. The KBA has a complaint form but it is not required to file a formal complaint. The complaints must be made in writing.
What are limitations on personal injury cases in Kentucky?
An important role of your Kentucky attorney will be to update you on tort reform efforts and other changes that may affect your case and your ability to collect on damages inflicted on you by another party. Currently you will have only one year to file a personal injury claim in Kentucky, although the discovery rule does apply and the statute of limitations does not begin until you have discovered the injury. Wrongful death has similar restrictions but no discovery rule unless the death had been covered up by the injuring party.
What are the typical rates of a Kentucky attorney?
Contingency fees are the typical arrangement for Kentucky attorneys working on accident and malpractice cases. The lawyer is compensated by a percentage of the jury award, determined in advance with the client. This may be a lower fee if settled out of court, depending on the arrangement.
You may pay flat fees for some legal services that do not require going to court. This includes document and contract preparation, mediated divorces and legal consultations. Feel free to find the lawyer with the best rate on unbundled services.
A retainer arrangement is an agreement between the attorney and client to set up a billable trust account. This account may be refilled at any time at the discretion of the attorney and the client should be aware of this possibility. Flat and hourly fees may be billed through a retainer.
Even if you are not eligible for pro bono services, some lawyers may have alternate pay plans or deferred arrangements to pay fees, so it is best to check with the lawyer during the consultation for these fee arrangements.
What are questions to ask Kentucky attorneys?
How does my case relate to Kentucky laws?
Are local laws in effect for this case?
What are your fees and do you have alternate payment plans?
Are you a member, in good standing, of the Kentucky Bar Association?
What roles do you play as a member?
Are you a member of a local Bar Association?
Can I please have all fees in writing?
What are my chances of winning a settlement or at trial?