Kentucky Bar Association, Movant v. Unnamed Attorney

Summary

The Kentucky Supreme Court exercised discretionary review and held that Unnamed Attorney violated the professional-conduct rule prohibiting requests that nonclients refrain from voluntarily providing relevant information, because the rule's two exceptions are conjunctive and Doe did not qualify under the first. The Court also held that the attorney did not violate the rule barring unlawful obstruction of access to evidence and that the Trial Commissioner acted within the permissible discretion in excluding expert testimony concerning interpretation of the disciplinary rule. The Court imposed a private reprimand. Justice Abramson concurred separately regarding the rule's application, while Justice Scott, joined by Justice Cunningham, would have found no violation of the noncooperation rule and would have found error in excluding the expert testimony.