Attorney General Opinion No 1987 102
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| Author | : Robert T. Stephan |
| Publisher | : |
| Total Pages | : |
| Release | : 1987 |
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Where a municipal utility passes on a supplier rate increase to its customers, and subsequently receives a refund upon disallowance of the increase, any liability of the municipal utility to distribute the refund to its customers (located within the municipality) is in the nature of a quasi-contractual obligation based on the doctrine of unjust enrichment. Accordingly, any action by a customer for a refund must be brought within 3 years. K.S.A. 60-512(1). Cited herein: K.S.A. 60-512; 66-104.
| Author | : Robert T. Stephan |
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| Release | : 1987 |
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Persons who may supervise registered masters level psychologists (RMLPs) must meet two requirements: (1) They must be licensed to provide mental health services and (2) their licensure must allow them to diagnose and treat psychological disorders. It is our opinion that licensed psychologists meet these requirements, but social workers and psychiatrists do not. Cited herein: K.S.A. 65-2802; 65-2803; 65-2869; 65-2872; K.S.A. 1986 Supp. 74-5302; 74-5310; K.S.A. 74-5311; 74-5340; 74-5344, as amended by L̲.̲ ̲1̲9̲8̲7̲, c̲h̲.̲ ̲3̲0̲6̲, section 12; 75-5347; K.S.A. 1986 Supp. 757-5353; K.A.R. 102-1-1; K.A.R. 1986 Supp. 102-1-12; K.A.R. 102-2-la; K.A.R. 102-2-8, as amended May 1, 1987.
| Author | : Robert T. Stephan |
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| Release | : 1987 |
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The statutes concerning licensure of psychologists do not require all persons engaged in the practice of psychology to be licensed. K.S.A. 1986 Supp. 74-5344. The Treatment Act for Mentally Ill Persons, however, specifically defines the term "psychologist" to mean li̲c̲e̲n̲s̲e̲d̲ psychologist. K.S.A. 1986 Supp. 59-2902(1). Therefore, persons engaged in the practice of psychology who are not licensed can not be considered as "psychologists" under the provisions of K.S.A. 59-2901 e̲t̲ s̲e̲q̲. Cited herein: K.S.A. 1986 Supp. 59-2901; 59-2902; 59-2908; 59-2909; 59-2910; 59-2927a; 59-2928; 59-2929; 74-5302; 74-5310; 74-5344; 74-5348; K.S.A. 74-7502; K.S.A. 1986 Supp. 74-7507; K.A.R. 1986 Supp. 102-1-5; K.A.R. 102-1-11.
| Author | : American Bar Association. House of Delegates |
| Publisher | : American Bar Association |
| Total Pages | : 216 |
| Release | : 2007 |
| Genre | : Law |
| ISBN | : 9781590318737 |
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
| Author | : Robert T. Stephan |
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| Release | : 1987 |
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Only licensed specialist clinical social workers (LSCSW) may engage in the private, independent practice of social work. Social workers not licensed as a LSCSW may engage in private practice if their practice is supervised by a LSCSW. Cited herein: K.S.A. 74-7502; K.S.A. 1986 Supp. 74-7507, as amended by L. 1987, ch. 315, section 17; K.S.A. 75-5346; 75-5351; K.S.A. 1986 Supp. 75-5353; K.A.R. 102-2-la, as amended May 1, 1987; 102-2-8, as amended May 1, 1987; 102-2-12, as amended May 1, 1987.
| Author | : Robert T. Stephan |
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| Release | : 1987 |
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Medical costs incurred by an indigent offender before or at the time of arrest are to be borne by the county if the offender is subsequently charged with a violation of state law.
| Author | : Robert T. Stephan |
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| Release | : 1987 |
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Under the provisions of Article 3, section 5 of the Kansas Constitution, no member of the Supreme Court Nominating Commission shall, while he or she is a member, hold any other "public office" by appointment. The term "public office" refers to the common-law concept of a public office, and except where the office of city attorney has been stripped of all prosecutorial and other sovereign power (through the exercise of home rule powers), a city attorney holds a public office. Cited herein: Kan. Const., Article 3, section 5.
| Author | : Robert T. Stephan |
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| Release | : 1987 |
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Since it is the client's intent which governs the distinction between privileged and non-privileged communications, a determination of whether or not information exchanged between attorney and client is privileged requires a case-by-case consideration. To ensure compliance with the dictates of Canon 4 of the Code of Professional Responsibility and K.S.A. 60-426, when a supervising agency requests that an attorney release particular client information for enumerative or evaluative purposes, the attorney may either obtain the client's consent to do so, or, if the client refuses, compile the requested data in a less intrusive manner. If, however, the agency requests the data for purposes of determining a client's financial eligibility onto satisfy funding requirements, the exception to the privilege under DR-4-101(C)(4) would apply, making the aforementioned precautions unnecessary. Cited herein: K.S.A. 45-217; 45-221; 60-426; K.S.A. 1986 Supp. 20-3100, Supreme Court Rule No. 225, D.R. 4-101.
| Author | : Robert T. Stephan |
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| Release | : 1988 |
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The procedure for amending a birth certificate to add or correct the name of a parent or to change the name of a child to that of a parent, is intended to reconcile a birth certificate with the facts which existed at the time the certificate was issued. The statute generally requires participation of both parents in the proceeding. However, on a case-by-case basis, an individual who is a single parent because of death or lack of acknowledgment of the other parent may proceed under that section if doing so does not broaden application of the statute, conflict with other statutes, or infringe on the interest of the absent parent. Cited herein: K.S.A. 38-1115, 38-1130, 60-1402, 65-2422a, 65-2422c, K.S.A. 1987 Supp. 77-201 T̲h̲i̲r̲d̲; K.A.R. 28-17-20; L. 1986, ch. 157.
| Author | : Robert T. Stephan |
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| Release | : 1987 |
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Service of process is a condition precedent to an employee's request for the provision of defense counsel by a governmental entity, unless such condition is waived. If, after the employee has been served, the entity lawfully refuses to provide for such defense, and if the request was made in accordance with the statute, then the entity must reimburse the employee for attorney expenses incurred as a result of the retention of private counsel. Absent service of process, timely request for, and proper refusal of providing legal defense counsel, no right is conferred on the employee to retain private counsel at the expense of the governmental entity. Cited herein: K.S.A. 75-6103, 75-6108, 75-6109.
