I85PREP
⌘ K
KY Jurisprudence study materials
KY Jurisprudence study resources

KY Jurisprudence practice questions

One question at a time. Build your KY Jurisprudence understanding.

First 50 of 200 questions. Each one lists the choices, the correct answer, and an explanation. The checker at the top of this page saves progress in this browser when it is available.

Continue in the practice tool above to load more questions, 50 at a time.

Question 1Kentucky Statutes and Administrative Regulations Governing Practice

Under the Kentucky Rules of the Supreme Court that govern continuing legal education, a Kentucky-licensed attorney must satisfy which annual minimum CLE requirement?

  1. Eighteen total credit hours, including at least three hours of ethics
  2. Twelve total credit hours, including at least two hours of ethics Correct answer.
  3. Ten total credit hours, including at least one hour of ethics
  4. Fifteen total credit hours, including at least two hours of ethics

Explanation

SCR 3.661 sets the annual continuing legal education obligation for Kentucky attorneys at twelve credit hours per educational year. Within that total, at least two hours must address ethics, professional responsibility, or professionalism. Attorneys must also certify completion on their annual CLE report.

Question 2Kentucky Statutes and Administrative Regulations Governing Practice

A Kentucky attorney who is suspended for failure to comply with CLE requirements may generally be reinstated by the CLE Commission only after doing what?

  1. Obtaining a written recommendation from the local bar association president
  2. Paying a fine and curing the deficient credits, including any ethics credits Correct answer.
  3. Retaking the Kentucky bar examination
  4. Filing a motion with the circuit court in the county of residence

Explanation

Under the CLE rules, suspension for noncompliance is lifted administratively once the attorney pays the required fee and completes the delinquent credit hours, including ethics. Reinstatement for CLE delinquency does not require retaking the bar exam or court action. The CLE Commission handles these administrative reinstatements.

Question 3Kentucky Statutes and Administrative Regulations Governing Practice

Under the Kentucky Rules of Professional Conduct, a lawyer who holds funds of a client or third person in connection with a representation must do which of the following?

  1. Deposit them in the lawyer's general operating account if the amount is under $1,000
  2. Convert them to a money order payable to the lawyer personally
  3. Transfer them to the client's personal account within ninety days
  4. Hold them in a trust account separate from the lawyer's own funds, with limited exceptions Correct answer.

Explanation

SCR 3.130(1.15) requires lawyers to hold client and third-person funds in a separate trust account, apart from the lawyer's own property. Commingling is prohibited except for limited permitted purposes such as bank charges. The rule enforces the lawyer's fiduciary duty over entrusted funds.

Question 4Kentucky Statutes and Administrative Regulations Governing Practice

A Kentucky lawyer receives a $5,000 settlement check that includes both the client's share and the lawyer's earned fee. Which handling complies with SCR 3.130(1.15)?

  1. Deposit the entire check into the operating account and pay the client later
  2. Endorse the check to the client and let the client pay the fee from personal funds
  3. Deposit the check into a personal savings account until the fee dispute is resolved
  4. Deposit the entire check into the trust account, then promptly withdraw the earned fee and remit the client's share Correct answer.

Explanation

Third-person and client funds must first be placed in trust; the lawyer may then withdraw only funds to which the lawyer is entitled after accounting to the client. Earned fees can be transferred to the operating account once earned. The client's portion must be promptly delivered.

Question 5Kentucky Statutes and Administrative Regulations Governing Practice

Under the Kentucky Rules of Professional Conduct, a lawyer may reveal information relating to the representation of a client to the extent the lawyer reasonably believes necessary in which circumstance?

  1. To prevent reasonably certain death or substantial bodily harm Correct answer.
  2. To satisfy a journalist's request for background information
  3. To gain a tactical advantage in unrelated litigation
  4. Whenever the lawyer believes disclosure would benefit the client's business interests

Explanation

SCR 3.130(1.6)(b)(1) permits disclosure to the extent the lawyer reasonably believes necessary to prevent reasonably certain death or substantial bodily harm. Confidentiality otherwise applies broadly, and disclosure for convenience or tactical gain is prohibited. The exception is narrowly framed around serious harm.

Question 6Kentucky Statutes and Administrative Regulations Governing Practice

A Kentucky lawyer discovers that a client intends to commit perjury in an upcoming deposition. Under SCR 3.130(3.3), what is the lawyer's obligation?

  1. Remain silent because the lawyer may not reveal client confidences under any circumstance
  2. Take reasonable remedial measures, including, if necessary, disclosure to the tribunal Correct answer.
  3. Advise the client to phrase the testimony carefully so it is technically true
  4. Withdraw from the representation without any further action

Explanation

Under SCR 3.130(3.3), a lawyer must not knowingly offer false evidence and must take reasonable remedial measures if a client intends to testify falsely. If persuasion fails, the lawyer must disclose to the tribunal, even if that requires revealing confidential information. Withdrawal alone does not cure the duty to the court.

Question 7Kentucky Statutes and Administrative Regulations Governing Practice

Which of the following best describes the Kentucky Bar Association's role in the attorney discipline system?

  1. It administers the disciplinary process, including investigation and prosecution of charges, under Supreme Court rules Correct answer.
  2. It is a private voluntary association with no regulatory function
  3. It only provides CLE programming and has no role in discipline
  4. It directly imposes final suspensions and disbarments without court review

Explanation

The Kentucky Bar Association is an integrated bar that administers the attorney disciplinary system under Supreme Court rules, including investigation and prosecution of disciplinary charges. Final discipline is ultimately governed by the Supreme Court of Kentucky. The KBA also operates related programs such as CLE.

Question 8Kentucky Statutes and Administrative Regulations Governing Practice

Under the Kentucky Rules of the Supreme Court, who has ultimate authority to admit persons to the practice of law in Kentucky?

  1. The Kentucky Board of Bar Examiners acting alone
  2. The Supreme Court of Kentucky Correct answer.
  3. The Kentucky Bar Association Board of Governors
  4. The Office of the Attorney General

Explanation

The Supreme Court of Kentucky holds inherent authority over the practice of law, including admission and discipline. The Board of Bar Examiners and the KBA perform delegated functions but do not possess ultimate admission authority. This reflects the separation of judicial power over the legal profession.

Question 9Kentucky Statutes and Administrative Regulations Governing Practice

An applicant to the Kentucky bar has a prior felony conviction that has been expunged. Under the character and fitness rules, the applicant should generally do what?

  1. Omit the matter because it has been expunged and is legally erased
  2. Apply only in another jurisdiction where the conviction would not be considered
  3. Disclose the matter as required by the application and be prepared to address it in the character and fitness review Correct answer.
  4. Wait five years before applying so the matter becomes irrelevant

Explanation

Character and fitness applications generally require disclosure of criminal history, and expungement does not necessarily excuse disclosure where the application asks for it. Candor in the application process is itself part of the fitness assessment. Concealment can itself be grounds for denial.

Question 10Kentucky Statutes and Administrative Regulations Governing Practice

Under the Kentucky Rules of Professional Conduct, a lawyer's fee must be reasonable. Which factor is expressly considered in determining reasonableness?

  1. The number of years the lawyer has subscribed to a legal publication
  2. The novelty and difficulty of the questions involved and the skill required Correct answer.
  3. The lawyer's personal preference regarding billing structure
  4. Whether the client has previously hired the lawyer for other matters

Explanation

SCR 3.130(1.5)(a) lists factors for fee reasonableness, including the time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the service properly. These factors focus on the nature of the work and the result obtained. Irrelevant personal facts do not bear on reasonableness.

Question 11Kentucky Statutes and Administrative Regulations Governing Practice

A Kentucky lawyer agrees to handle a matter for a contingent fee. Under SCR 3.130(1.5), which requirement applies?

  1. Contingent fees are prohibited in all Kentucky civil matters
  2. The agreement may be entirely oral if the client is a repeat client
  3. The agreement must be in writing and signed by the client, stating the method of determining the fee Correct answer.
  4. The fee may be set as a percentage of any recovery without any written explanation

Explanation

SCR 3.130(1.5)(c) requires contingent fee agreements to be in writing and signed by the client, stating the method by which the fee is determined and other required terms. The rule also requires a written statement of the outcome and remittance after resolution. Contingent fees are permitted in many civil matters but regulated.

Question 12Kentucky Statutes and Administrative Regulations Governing Practice

A Kentucky lawyer is asked to represent a new client whose interests are directly adverse to an existing client in an unrelated matter. Under SCR 3.130(1.7), the lawyer may undertake the representation only if which condition is satisfied?

  1. The existing client is informed after the representation concludes
  2. The new client agrees to pay a higher retainer
  3. The lawyer reasonably believes the representation will not be adversely affected and each affected client gives informed consent, confirmed in writing Correct answer.
  4. The lawyer limits the representation to a single court appearance

Explanation

SCR 3.130(1.7) permits a concurrent conflict of interest only where the lawyer reasonably believes competent and diligent representation can be provided and each affected client gives informed consent confirmed in writing. The consent must be contemporaneous, not after the fact. Fees and scheduling do not cure a conflict.

Question 13Kentucky Statutes and Administrative Regulations Governing Practice

A Kentucky lawyer formerly represented a corporate client in a contract dispute. The lawyer now seeks to represent an adverse party in a substantially related matter. Under SCR 3.130(1.9), the former client's consent is required unless which circumstance applies?

  1. The former client was only a nominal party to the earlier matter
  2. The former client has moved out of Kentucky
  3. The lawyer's new client is willing to pay for the former client's consent
  4. The lawyer has gained confidential information that is now generally known Correct answer.

Explanation

SCR 3.130(1.9) prohibits a lawyer from representing a new client in a substantially related matter adverse to a former client without informed consent if the lawyer possesses confidential information that could be used to the former client's disadvantage. Information that has become generally known is excluded from the protection. The rule protects former clients' confidences.

Question 14Kentucky Statutes and Administrative Regulations Governing Practice

Under the Kentucky Rules of Professional Conduct, a lawyer who is not competent in a particular area of law may still accept a matter if the lawyer does what?

  1. Becomes competent through reasonable study and preparation or associates with a competent lawyer, with the client's informed consent Correct answer.
  2. Discloses the lack of competence only after the representation ends
  3. Proceeds without informing the client because competence is presumed
  4. Refers the client to another lawyer and charges a referral fee

Explanation

SCR 3.130(1.1) requires competent representation but permits a lawyer to become competent through reasonable preparation or to associate with a competent lawyer. If association involves sharing fees, SCR 3.130(1.5)(e) requires client consent confirmed in writing. The client should be informed of the arrangement.

Question 15Kentucky Statutes and Administrative Regulations Governing Practice

Which of the following is a recognized function of the Kentucky Board of Bar Examiners?

  1. Setting attorney fee schedules for family law matters
  2. Administering the bar examination and assisting in evaluating applicants' qualifications Correct answer.
  3. Regulating the trust account overdraft notifications
  4. Hearing appeals from circuit court judgments

Explanation

The Board of Bar Examiners administers the bar examination and participates in evaluating applicants' qualifications for admission. It acts under the authority of the Supreme Court of Kentucky. Its functions are distinct from judicial appeals and fee regulation.

Question 16Kentucky Statutes and Administrative Regulations Governing Practice

A Kentucky lawyer is served with a subpoena for a client's file in a criminal matter. Under the Rules of Professional Conduct, the lawyer should generally do what?

  1. Assert applicable privileges and confidentiality protections unless the client consents or a court orders disclosure Correct answer.
  2. Destroy the file to protect the client's confidences
  3. Immediately turn over the entire file without notifying the client
  4. Provide the file only if the prosecutor promises not to use it

Explanation

SCR 3.130(1.6) requires lawyers to protect client confidences, and a subpoena does not automatically override privilege. The lawyer should assert applicable protections unless the client consents or a court orders production. Destroying evidence or files can itself create serious rule violations.

Question 17Kentucky Statutes and Administrative Regulations Governing Practice

Under SCR 3.130(8.3), a Kentucky lawyer who knows that another lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question as to that lawyer's honesty, trustworthiness, or fitness must do what?

  1. Report the violation to the appropriate professional authority Correct answer.
  2. Confront the lawyer privately and take no further action
  3. Wait until the violation becomes public knowledge
  4. Report the violation only if the lawyer is a partner in the same firm

Explanation

SCR 3.130(8.3) requires a lawyer who knows of a violation raising a substantial question about honesty, trustworthiness, or fitness to inform the appropriate professional authority. The duty is mandatory and not limited to firm colleagues. Private confrontation may be appropriate but does not replace the reporting duty.

Question 18Kentucky Statutes and Administrative Regulations Governing Practice

A Kentucky lawyer is offered a position as a hearing officer in a matter involving a former client. Under SCR 3.130(1.12), the lawyer may serve if what condition is met?

  1. The lawyer agrees to waive any fees for the service
  2. The former client is no longer represented by counsel
  3. The lawyer's appointment is approved by the local bar association
  4. The former client provides informed consent, confirmed in writing, and the lawyer is otherwise qualified Correct answer.

Explanation

SCR 3.130(1.12) addresses conflicts of former judges, arbitrators, mediators, and other third-party neutrals. A lawyer serving in such a role must be screened from any firm participation and may not negotiate for private employment with parties. Informed consent confirmed in writing is required where applicable.

Question 19Kentucky Statutes and Administrative Regulations Governing Practice

Which of the following best describes the Kentucky Interest on Lawyers' Trust Accounts (IOLTA) program?

  1. IOLTA funds may be used to pay the lawyer's office rent
  2. IOLTA accounts are optional for all Kentucky lawyers
  3. Interest earned on nominal or short-term client trust funds is remitted to a charitable entity for legal services and related purposes Correct answer.
  4. Interest earned on client trust funds belongs entirely to the lawyer as an administrative fee

Explanation

The Kentucky IOLTA program channels interest from client trust funds that cannot reasonably generate net benefit for individual clients to a designated entity that funds legal aid and related programs. Participation is required for covered funds under Supreme Court rules. The lawyer may not divert the interest for personal or office use.

Question 20Kentucky Statutes and Administrative Regulations Governing Practice

Under the Kentucky Rules of Professional Conduct, a lawyer must maintain trust account records. Which recordkeeping practice is required?

  1. Keeping records only when the amount exceeds $10,000
  2. Maintaining records only in the lawyer's personal memory
  3. Retaining individual client ledgers and reconciliation records for the period specified by rule Correct answer.
  4. Destroying records at the end of each calendar quarter

Explanation

SCR 3.130(1.15) requires lawyers to maintain complete records of trust account funds, including individual client ledgers and reconciliation records, for the period specified by the rule. Records must be preserved to allow proper accounting and oversight. Retention supports trust account audits and protects clients.

Question 21Kentucky Statutes and Administrative Regulations Governing Practice

A Kentucky lawyer is asked to prepare a legal opinion for a client based on facts the lawyer has not verified. Under the Rules of Professional Conduct, the lawyer should do what?

  1. Issue the opinion as requested to preserve the client relationship
  2. Ensure the opinion is based on adequate investigation and disclose material limitations Correct answer.
  3. Rely solely on the client's oral assurances without any review
  4. Delegate the opinion to a nonlawyer without supervision

Explanation

SCR 3.130(2.1) requires a lawyer to exercise independent professional judgment and render candid advice. Legal opinions must rest on adequate factual investigation and legal research, with material limitations disclosed. A lawyer may not issue an opinion knowing it lacks a reasonable basis.

Question 22Kentucky Statutes and Administrative Regulations Governing Practice

Under SCR 3.130(5.3), a Kentucky lawyer who employs a nonlawyer assistant must do what?

  1. Allow the assistant to give legal advice to clients independently
  2. Pay the assistant a share of legal fees as compensation
  3. Permit the assistant to sign pleadings on the lawyer's behalf
  4. Ensure the nonlawyer's conduct is compatible with the lawyer's professional obligations and supervise the work Correct answer.

Explanation

SCR 3.130(5.3) requires lawyers with managerial authority to make reasonable efforts to ensure that nonlawyer conduct is compatible with the professional obligations of the lawyer. The lawyer must supervise nonlawyer work. Nonlawyers may not give legal advice or share legal fees.

Question 23Kentucky Statutes and Administrative Regulations Governing Practice

A Kentucky lawyer wants to advertise a new practice area. Under SCR 3.130(7.1), the advertisement must do what?

  1. Include only true statements and avoid misleading or false claims about the lawyer's services Correct answer.
  2. Omit any geographic limitation on the lawyer's practice
  3. Guarantee a specific outcome in every case
  4. Use only the phrase 'best lawyer in Kentucky'

Explanation

SCR 3.130(7.1) prohibits false or misleading communications about a lawyer's services or qualifications. Advertisements must be truthful and not create unjustified expectations. Guarantees of outcomes and unverifiable superlatives can render an ad misleading.

Question 24Kentucky Statutes and Administrative Regulations Governing Practice

A Kentucky lawyer is soliciting a prospective client by telephone after a mass tort event. Under SCR 3.130(7.3), which statement is accurate?

  1. Solicitation is permitted only through television advertisements
  2. In-person, live telephone, or real-time electronic solicitation is prohibited when the lawyer's primary purpose is pecuniary gain, unless the person is a lawyer or has a prior relationship Correct answer.
  3. Solicitation is permissible if the prospective client is over 65
  4. All forms of solicitation are permitted if the lawyer is polite

Explanation

SCR 3.130(7.3) prohibits in-person, live telephone, or real-time electronic solicitation for pecuniary gain, unless the person solicited is a lawyer or has a prior professional or personal relationship with the lawyer. Written and recorded communications are regulated differently. The rule aims to prevent undue influence and overreaching.

Question 25Kentucky Statutes and Administrative Regulations Governing Practice

Under the Kentucky Rules of Professional Conduct, a lawyer may withdraw from representing a client in a litigation matter without court permission only in which situation?

  1. When the client fails to pay fees and the lawyer wants to avoid a court order
  2. When the lawyer has a more lucrative opportunity elsewhere
  3. When the client insists on pursuing a course of action the lawyer reasonably believes is criminal or fraudulent Correct answer.
  4. When the lawyer simply loses interest in the case

Explanation

SCR 3.130(1.16) permits withdrawal where the client insists on a course of action the lawyer reasonably believes is criminal or fraudulent, subject to any required court approval. In litigation, a lawyer generally must obtain the tribunal's permission before withdrawing. Personal convenience or financial preference is not a sufficient basis.

Question 26Kentucky Statutes and Administrative Regulations Governing Practice

Under the Kentucky Rules of the Supreme Court, which entity is responsible for the day-to-day investigation and prosecution of disciplinary complaints against Kentucky attorneys?

  1. The Judicial Conduct Commission
  2. The Supreme Court Clerk's Office
  3. The Inquiry Commission, through its Bar Counsel Correct answer.
  4. The Kentucky Board of Bar Examiners

Explanation

SCR 3.130 et seq. and the related Supreme Court rules create an Inquiry Commission that screens and investigates complaints about attorney misconduct, with Bar Counsel serving as the prosecuting arm. The Board of Bar Examiners handles admission and character and fitness, not discipline. The Judicial Conduct Commission addresses judges, not practicing attorneys.

Question 27Kentucky Statutes and Administrative Regulations Governing Practice

A Kentucky attorney is the subject of a disciplinary charge and requests a formal hearing. Under the Kentucky Supreme Court rules governing attorney discipline, who conducts that hearing?

  1. The Kentucky Attorney General
  2. The Chief Justice sitting alone
  3. A jury of licensed Kentucky attorneys
  4. The Trial Commissioner Correct answer.

Explanation

Kentucky's disciplinary framework uses a Trial Commissioner, who hears the evidence and submits findings and recommendations to the Board of Governors and ultimately the Supreme Court. The Supreme Court imposes final discipline but does not conduct the evidentiary hearing itself. Neither the Attorney General nor an attorney jury has a role in this process.

Question 28Kentucky Statutes and Administrative Regulations Governing Practice

A Kentucky lawyer is admitted in another state and wishes to appear in a Kentucky court for a single matter without full Kentucky admission. Which mechanism under Kentucky rules most directly addresses this?

  1. A limited license to practice as a paralegal
  2. Pro hac vice admission Correct answer.
  3. Certification as a foreign legal consultant
  4. Reciprocity admission by motion

Explanation

Kentucky permits out-of-state lawyers to appear in a particular case through pro hac vice admission, which is granted on a case-by-case basis. Foreign legal consultant status and admission by motion address different situations and require separate eligibility. A paralegal license is not a vehicle for attorney appearances.

Question 29Kentucky Statutes and Administrative Regulations Governing Practice

A Kentucky lawyer maintains a client trust account. Under the Kentucky Rules of Professional Conduct governing trust accounts, which practice is required?

  1. Holding client funds in the lawyer's general operating account until the fee is earned
  2. Depositing client funds in the lawyer's personal savings account when the amount is small
  3. Depositing client funds in a separate account and keeping complete records of all transactions Correct answer.
  4. Retaining trust records for one year after the matter closes

Explanation

SCR 3.130(1.15) requires that client funds be held in a separate trust account and that the lawyer maintain complete, accurate records of receipts and disbursements. Commingling with operating or personal accounts is prohibited. Records must be preserved for a defined period longer than a single year, so shortening retention is improper.

Question 30Kentucky Statutes and Administrative Regulations Governing Practice

A Kentucky lawyer is asked to sign a pleading asserting a legal position. Under SCR 3.130(3.1), the lawyer may present the position only if it is:

  1. Supported by at least one published Kentucky case
  2. Warranted by existing law or a nonfrivolous argument for changing it Correct answer.
  3. Approved in advance by the presiding judge
  4. Consistent with the client's personal opinion of fairness

Explanation

SCR 3.130(3.1) bars a lawyer from asserting frivolous claims or defenses; a position is permissible when warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing it. No rule requires a published Kentucky case on point or prior judicial approval. The client's view of fairness does not supply the legal basis.

Question 31Kentucky Statutes and Administrative Regulations Governing Practice

A Kentucky lawyer is negotiating a settlement and learns the opposing party is relying on a document the lawyer knows to be forged. Under SCR 3.130(4.1), the lawyer must:

  1. Report the opposing party to law enforcement immediately
  2. Disclose the material fact to the opposing party Correct answer.
  3. Withdraw from the representation without explanation
  4. Remain silent because settlement negotiations are confidential

Explanation

SCR 3.130(4.1) prohibits a lawyer from making a false statement of material fact to a third person and requires corrective disclosure when necessary to avoid assisting a fraud. Silence that perpetuates the forgery is not permitted. Withdrawal alone does not satisfy the disclosure duty, and immediate law enforcement reporting is not the rule's requirement.

Question 32Kentucky Statutes and Administrative Regulations Governing Practice

A Kentucky lawyer is appointed to represent an indigent criminal defendant. Which statement about the lawyer's obligations under the Kentucky Rules of Professional Conduct is correct?

  1. The lawyer owes no duty of confidentiality to an appointed client
  2. The lawyer must represent the client as diligently as a retained client and may not decline solely because the fee is low Correct answer.
  3. The lawyer may provide minimal representation because the fee is set by the court
  4. The lawyer may withdraw at any time without leave of court

Explanation

A lawyer's duties of competence, diligence, and confidentiality apply equally to appointed and retained clients; low compensation is not a justification for reduced representation. Withdrawal in a litigation matter still requires leave of court and compliance with the applicable rule. Confidentiality is not diminished by court appointment.

Question 33Kentucky Statutes and Administrative Regulations Governing Practice

A Kentucky lawyer serves as a court-appointed mediator in a case and later is asked to represent one of the parties in an unrelated matter. Under SCR 3.130(1.12), the lawyer may represent that party only if:

  1. The unrelated matter is filed in a different Kentucky county
  2. The parties waive conflict screening orally on the record
  3. The lawyer's former mediation role was unpaid
  4. The lawyer obtains informed consent confirmed in writing from all parties and the lawyer did not personally and substantially participate in the prior matter Correct answer.

Explanation

SCR 3.130(1.12) restricts a lawyer who has served as a third-party neutral from later representing anyone in connection with a matter in which the lawyer participated personally and substantially, absent informed consent confirmed in writing from all parties. Geography, compensation, or an oral waiver does not lift the restriction. A proper written screening and consent process is required.

Question 34Kentucky Statutes and Administrative Regulations Governing Practice

A Kentucky lawyer is preparing a fee agreement for a new client. Under SCR 3.130(1.5), which statement is correct?

  1. A contingent fee agreement need not be in writing if the amount is under $1,000
  2. A contingent fee is permitted in criminal defense if the client agrees in writing
  3. A contingent fee may not be used in a criminal case or in a matter where the fee is contingent on securing a divorce Correct answer.
  4. A contingent fee is always prohibited in Kentucky civil litigation

Explanation

SCR 3.130(1.5) prohibits contingent fees in criminal matters and in domestic relations cases where the fee depends on securing a divorce or the amount of alimony or support. Contingent fees remain permissible in many civil matters when properly documented. The rule's written-agreement and prohibition provisions are not relaxed by a dollar threshold.

Question 35Kentucky Statutes and Administrative Regulations Governing Practice

A Kentucky lawyer is contacted by a prospective client at a social event and learns confidential information before declining the matter. Under SCR 3.130(1.18), the lawyer's obligations are best described as:

  1. The lawyer may use the information freely because no fee was paid
  2. No duty arises because no attorney-client relationship was formed
  3. The lawyer must represent the prospective client or face discipline
  4. The lawyer may not later represent a materially adverse party in the same or a substantially related matter if the information could be significantly harmful, unless the affected parties consent Correct answer.

Explanation

SCR 3.130(1.18) extends limited duties to prospective clients, including confidentiality, and bars later adverse representation in the same or a substantially related matter when the lawyer received information that could be significantly harmful, absent consent. The absence of a formal engagement or fee does not eliminate these duties. The lawyer is not compelled to accept the representation.

Question 36Kentucky Statutes and Administrative Regulations Governing Practice

A Kentucky lawyer wants to give a client a small gift from the lawyer's own funds to mark the close of a matter. Under the Kentucky Rules of Professional Conduct governing financial assistance to clients, the lawyer should be aware that:

  1. A lawyer may pay a client's litigation expenses only if the client assigns a share of the recovery
  2. A lawyer may lend money to a client for any purpose without restriction
  3. A lawyer generally may not provide financial assistance to a client in connection with pending litigation, apart from limited exceptions such as advancing litigation costs and expenses Correct answer.
  4. A lawyer may advance any amount of living expenses as long as the client repays it

Explanation

SCR 3.130(1.8)(e) generally prohibits a lawyer from providing financial assistance to a client in connection with pending or contemplated litigation, with narrow exceptions such as advancing court costs and expenses of litigation, repayment of which may be contingent on the outcome. Broad lending or living-expense advances are not permitted. Assignment of recovery is not the mechanism the rule authorizes.

Question 37Kentucky Statutes and Administrative Regulations Governing Practice

A Kentucky lawyer is asked by a client to reveal confidential information in a dispute over an unpaid fee. Under SCR 3.130(1.6), the lawyer may reveal information:

  1. Freely, because the fee dispute ends the attorney-client relationship
  2. To the extent reasonably necessary to establish a claim or defense in a controversy with the client Correct answer.
  3. Only after the Supreme Court grants a written petition
  4. Only if the client first sues the lawyer for malpractice

Explanation

SCR 3.130(1.6)(b) permits disclosure of confidential information to the extent reasonably necessary to establish a claim or defense on the lawyer's behalf in a controversy with the client, such as a fee dispute. No Supreme Court petition or prior malpractice suit is required. The relationship's confidentiality does not evaporate simply because a fee dispute exists.

Question 38Kentucky Statutes and Administrative Regulations Governing Practice

A Kentucky lawyer discovers that a client has provided false evidence in a pending case. Under SCR 3.130(3.3), the lawyer's duty includes:

  1. Continuing the case without comment to preserve client confidences
  2. Withdrawing silently as the only permitted response
  3. Destroying the false evidence to protect the client
  4. Taking reasonable remedial measures, including disclosure to the tribunal if necessary Correct answer.

Explanation

SCR 3.130(3.3) requires a lawyer who discovers that a client has offered false evidence to take reasonable remedial measures, which may include disclosure to the tribunal. Destroying evidence is itself a violation. Silence or silent withdrawal does not satisfy the duty of candor to the court.

Question 39Kentucky Statutes and Administrative Regulations Governing Practice

A Kentucky lawyer is considering a business transaction with a client. Under SCR 3.130(1.8), the transaction is permissible only if:

  1. The terms are fair and fully disclosed in writing, the client is advised to seek independent counsel, and the client consents in writing Correct answer.
  2. The lawyer charges a below-market rate
  3. The transaction is approved by the Kentucky Bar Association
  4. The client is a corporation rather than an individual

Explanation

SCR 3.130(1.8)(a) permits a business transaction with a client only when the terms are fair and fully disclosed in a writing the client can understand, the client is advised in writing to seek independent counsel, and the client gives informed consent in writing. Below-market pricing or Bar Association approval does not substitute for these safeguards, and entity clients are not exempt.

Question 40Kentucky Statutes and Administrative Regulations Governing Practice

A Kentucky lawyer is asked to serve as an officer of a nonprofit organization that the lawyer's client also funds. Under the Kentucky Rules of Professional Conduct addressing a lawyer's service in a fiduciary role, the lawyer should recognize that:

  1. The lawyer's fiduciary duties replace all ethical obligations while serving
  2. When acting as a director or officer, the lawyer must still conform to the Rules of Professional Conduct and may not use the position to benefit a client at the organization's expense Correct answer.
  3. The lawyer may vote on matters affecting the client without disclosure
  4. The lawyer may keep the dual role secret from the organization's board

Explanation

SCR 3.130(1.13 and related provisions) make clear that a lawyer serving as a director or officer remains subject to the Rules of Professional Conduct and must not use the position to benefit a client or the lawyer at the organization's expense. Fiduciary duties supplement rather than displace ethical obligations. The lawyer must address conflicts openly with the organization's governing body.

Question 41Scope of Practice, Supervision, and Delegation

Under Kentucky law, which activity is a registered nurse permitted to perform without a specific order or delegation from a physician?

  1. Administering a medication after independently assessing the patient and following an approved protocol Correct answer.
  2. Prescribing a controlled substance to a patient
  3. Performing a surgical procedure under general anesthesia
  4. Diagnosing a patient's chronic disease independently of any provider

Explanation

Kentucky nursing law defines nursing as including assessment, nursing diagnosis, planning, intervention, and evaluation, and RNs may carry out nursing interventions that fall within that scope, including medication administration under valid orders or approved protocols. Independent prescribing, surgery, and medical diagnosis fall outside registered nursing scope.

Question 42Scope of Practice, Supervision, and Delegation

In Kentucky, the legal authority to practice as a registered nurse is granted by which body?

  1. The national nursing specialty certification board
  2. The Kentucky Board of Nursing through licensure Correct answer.
  3. The county health department
  4. The employing hospital's credentialing committee

Explanation

The Kentucky Board of Nursing is the state regulatory body that licenses RNs and LPNs and enforces the Nursing Practice Act. Employers and certification boards may impose additional requirements, but they do not grant the legal license to practice.

Question 43Scope of Practice, Supervision, and Delegation

Which task may a registered nurse delegate to an unlicensed assistive personnel (UAP) in Kentucky?

  1. Teaching a new diabetic patient insulin self-injection
  2. Developing the patient's nursing care plan
  3. Measuring and recording a stable patient's blood pressure Correct answer.
  4. Performing the initial admission assessment

Explanation

Delegation to UAP is limited to tasks that are within the UAP's training and that do not require nursing judgment, such as routine vital signs on a stable patient. Assessment, teaching, and care planning are nursing responsibilities that cannot be delegated.

Question 44Scope of Practice, Supervision, and Delegation

What is the primary responsibility of the licensed nurse when delegating a task to unlicensed assistive personnel?

  1. Transferring full legal accountability for the task to the UAP
  2. Documenting the delegation only if a problem occurs
  3. Retaining accountability for the outcome while ensuring the UAP is competent Correct answer.
  4. Avoiding any follow-up to encourage the UAP's independence

Explanation

The delegating nurse remains accountable for the nursing care and its outcomes even after a task is delegated. The nurse must verify the UAP's competence, provide clear directions, and follow up on the task.

Question 45Scope of Practice, Supervision, and Delegation

Which element is required for a valid delegation of a nursing task to a UAP?

  1. The task must be reassessed by the UAP independently
  2. The UAP must hold a nursing assistant certification in every case
  3. The task must be one the UAP has been trained and validated to perform Correct answer.
  4. A physician must directly observe the task

Explanation

Valid delegation requires that the task be within the UAP's training and demonstrated competence, with clear instructions and supervision. Certification, direct physician observation, and independent reassessment by the UAP are not universal requirements for delegation.

Question 46Scope of Practice, Supervision, and Delegation

A nurse is asked to perform a procedure that is outside the nurse's documented competence. What is the most appropriate action?

  1. Perform the procedure because a physician requested it
  2. Decline and inform the supervisor that the nurse is not competent to perform it Correct answer.
  3. Delegate the procedure to a UAP
  4. Perform the procedure and learn from any mistakes afterward

Explanation

Nurses are accountable for practicing within their individual competence as well as within the legal scope. Accepting an assignment for which the nurse lacks competence endangers the patient and violates professional standards; the nurse should decline and notify the appropriate supervisor.

Question 47Scope of Practice, Supervision, and Delegation

Which task is generally considered outside the scope of an LPN/LVN in Kentucky without additional training and authorization?

  1. Administering oral medications
  2. Performing a focused assessment
  3. Administering intravenous push medications in some settings Correct answer.
  4. Providing wound care

Explanation

LPN scope is more limited than RN scope, and certain activities such as IV push medication administration typically require additional training, certification, or specific facility authorization. Oral medications, focused assessment, and wound care are within basic LPN practice.

Question 48Scope of Practice, Supervision, and Delegation

Which statement best describes the relationship between the RN and the LPN in a supervisory role?

  1. The RN has no responsibility for tasks assigned to the LPN
  2. The RN may assign tasks within the LPN's scope and retains responsibility for the overall care Correct answer.
  3. The LPN assumes full accountability for the RN's care decisions
  4. The RN may delegate tasks that require nursing judgment to the LPN

Explanation

The RN can assign tasks to an LPN that fall within the LPN's scope and competence, but the RN remains responsible for the overall nursing care and for appropriate supervision. Tasks requiring complex nursing judgment stay with the RN.

Question 49Scope of Practice, Supervision, and Delegation

A UAP reports that a patient's blood pressure is significantly lower than the previous reading. What should the nurse do first?

  1. Assess the patient directly and determine the appropriate response Correct answer.
  2. Ask the UAP to decide whether to notify the physician
  3. Document the value and continue with other tasks
  4. Instruct the UAP to recheck it later without further action

Explanation

When delegated data suggest a change in patient status, the nurse must perform the nursing assessment and determine the appropriate intervention. The nurse cannot rely on the UAP to interpret findings or make clinical decisions.

Question 50Scope of Practice, Supervision, and Delegation

Which factor most directly determines whether a task can be delegated to a UAP?

  1. The UAP's years of experience in the facility
  2. The time of day the task is performed
  3. The physician's preference for staffing
  4. The complexity of the task and the stability of the patient Correct answer.

Explanation

Delegation decisions hinge on the task's complexity, the predictability of the patient's condition, and the UAP's competence. Stable patients and routine tasks are more appropriate for delegation than complex or unstable situations.