Opinion
Opinion By: Gregory D. Stumbo,Attorney General;James M. Ringo,Assistant Attorney
Open Records Decision
This matter having been presented to the Attorney General in an open records appeal, and the Attorney General being sufficiently advised, we find that Barry S. Smith, a private attorney, is not bound by, and therefore did not violate, the Open Records Act in failing to respond to former client Andre Law's November 30, 2004, request for records relating to case number 02-CR-00021. We believe that 01-ORD-24, and 01-ORD-40, copies of which are attached hereto and incorporated by reference, are controlling. Although private attorneys may be obligated under the Rules of Professional Conduct governing attorneys licensed to practice law in Kentucky to provide Mr. Law's records from his client case file, 1 they are not obligated to do so under the Open Records Act.
A party aggrieved by this decision may appeal it by initiating action in the appropriate circuit court pursuant to KRS 61.880(5) and KRS 61.882. Pursuant to KRS 61.880(3), the Attorney General should be notified of any action in circuit court, but should not be named as a party in that action or in any subsequent proceeding.
Andre Law, # 159935 D3Northpoint Training CenterBurgin, KY 40310
Barry S. Smith114 S. Washington StreetAlbany, KY 42602
Footnotes
Footnotes
1 See SCR 3.130(1.16)(d), which provides: "Upon termination of representation, a lawyer shall take steps to the extent reasonably practicable to protect a client's interests, such as giving reasonable notice to the client, allowing time for employment of other counsel, surrendering papers and property to which the client is entitled and refunding any advance payment of fee that has not been earned."