Mission and Purpose. The mission and purpose of KYLAP is to address impairment or potential impairment issues within the Kentucky legal community and to offer confidential assistance to those who are affected in a manner that serves to help insure a continuing high standard of professional competence. Strict confidentiality is assured by SCR 3.990.
Rules. Kentucky Supreme Court Rules 3.900 through 3.995 establish and implement the Kentucky Lawyer Assistance Program (KYLAP).
Referrals. KYLAP may receive referrals in four ways: 1) Self Referral; 2) Third Party Referral; 3) Agency Referral; or 4) Supreme Court Referral.
For Self Referrals and Third Party Referrals, confidentiality is assured. SCR 3.990 reads, in pertinent part:
All communications to KYLAP, all information gathered, records maintained and actions taken by KYLAP, shall be kept confidential by KYLAP’s staff and volunteers; shall not be disclosed by KYLAP to any person or entity, including any agency of the Court and any department of the Association; and shall be excluded as evidence in any civil, criminal or administrative proceeding and in any proceeding before the Court, the Board of Governors or the Office of Bar Admissions, except that:
(a) if the person who is the subject of KYLAP’s assistance has provided a written release authorizing disclosure of communications to KYLAP or information gathered, records maintained or actions taken by KYLAP. KYLAP may disclose such information in strict accordance with the terms and conditions of that written release.The primary objective of KYLAP is to assist impaired members of the Kentucky legal community with their recovery by providing a safe, secure and totally confidential environment.
For Agency Referrals, KYLAP works with the Office of Bar Admissions, the Inquiry Commission, the Office of Bar Counsel and other agencies in deciding what action should be implemented to assist the impaired member. This includes striving to maintain a continuing high standard of professional competence for the protection of the public.
To this end, a Supervision Agreement, setting out certain conditions and requirements for the impaired member may be required by the Agency. KYLAP works intensively with the impaired individual to assist them in meeting all the obligations required by such a Supervision Agreement. KYLAP works with the individual throughout the term of the Agreement. Usually the impaired individual’s relationship with KYLAP endures well beyond the term of any written contract through the bonds and fellowship that grow out of the individuals recovery.
For Supreme Court Referrals, KYLAP, after final disposition by the Court, accepts appropriate tasks and responsibilities, and will provide assistance in accordance with the Courts’ Order.