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Terminology applicable to rules governing conduct of Kentucky Lawyers
KENTUCKY BAR ASSOCIATION
RULES OF THE SUPREME COURT OF KENTUCKY
PRACTICE OF LAW
SCR 3.130 Kentucky Rules of Professional Conduct
TERMINOLOGY
[1] "Belief" or "believes" denotes that the person involved actually supposed the fact in
question to be true. A person's belief may be inferred from circumstances.
[2] "Consult" or "consultation" denotes communication of information reasonably sufficient
to permit the client to appreciate the significance of the matter in question.
[3] "Firm" or "law firm" denotes a lawyer or lawyers in a private firm, lawyers employed in
the legal department of a corporation or other organization and lawyers employed in a legal
services organization.
[4] "Fraud" or "fraudulent" denotes conduct having a purpose to deceive and not merely
negligent misrepresentation or failure to apprise another of relevant information.
[5] "Knowingly," "known," or "knows" denotes actual knowledge of the fact in question. A
person's knowledge may be inferred from circumstances.
[6] "Partner" denotes a member of a partnership and a shareholder in a law firm
organized as a professional corporation.
[7] "Reasonable" or "reasonably" when used in relation to conduct by a lawyer denotes
the conduct of a reasonably prudent and competent lawyer.
[8] "Reasonable belief" or "reasonably believes" when used in reference to a lawyer
denotes that the lawyer believes the matter in question and that the circumstances are such that
the belief is reasonable.
[9] "Reasonably should know" when used in reference to a lawyer denotes that a lawyer
of reasonable prudence and competence would ascertain the matter in question.
[10] "Substantial" when used in reference to degree or extent denotes a material matter
of clear and weighty importance.
HISTORY: Adopted by Order 89-1, eff. 1-1-90