Skip to main content

Request By:
Brenton Wombles
Brandon Wombles
Darrell A. Cox

Opinion

Opinion By: Jack Conway, Attorney General; James M. Ringo, Assistant Attorney General

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 Darrell A. Cox, a private attorney, is not bound by, and therefore did not violate, the Open Records Act in responding to former clients Brenton and Brandon Wombles' request for all records related to their cases. We believe that 07-ORD-210 and 04-ORD-215, 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 records from his clients' 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.

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."

Disclaimer:
The Sunshine Law Library is not exhaustive and may contain errors from source documents or the import process. Nothing on this website should be taken as legal advice. It is always best to consult with primary sources and appropriate counsel before taking any action.
Requested By:
Brenton and Brandon Wombles
Agency:
Darrell A. Cox
Type:
Open Records Decision
Lexis Citation:
2008 Ky. AG LEXIS 123
Neighbors

Support Our Work

The Coalition needs your help in safeguarding Kentuckian's right to know about their government.