When an engaged couple wants a prenuptial agreement, one of them hires an attorney who drafts the initial agreement, and then the other hires an attorney to review the agreement on his or her behalf, and then the two attorneys and the two fiancés negotiate to a final agreement. At present, because of the shortage of lawyers in Alaska with experience in the various areas of law involved in prenuptial agreements, Mr. Kirk is willing to serve as the attorney who reviews and negotiates, if another attorney has completed the initial draft. He does not serve as the initial drafting attorney.

Kenneth Kirk has handled constitutional cases in the past, particularly in the areas of First Amendment rights, and sanctity of life issues. However in early 2011 he was appointed to the Alaska Public Offices Commission, and because this is a politically sensitive position, and constitutional cases are often politically controversial, he has chosen not to accept any constitutional cases for the duration of his appointment in order to avoid conflicts.