OHBPC December 18, 1987

Under the former Ohio Code of Professional Responsibility, could a lawyer become a member of the local Better Business Bureau if the BBB referred inquiries and complaints about lawyers to the local bar association?

Short answer: The Board concluded that a lawyer could join the BBB provided the BBB continued its practice of forwarding inquiries and complaints regarding lawyers to a local bar association, because former DR 2-103(C)'s prohibition on requesting an organization to recommend or promote the lawyer's services did not apply where the BBB did not answer client inquiries about lawyers.

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This page answers the general question as of 1987. Ezel answers yours: whether it's allowed on your facts, under the current Ohio Rules of Professional Conduct, with citations.

Disclaimer: Advisory only. Not binding precedent.

About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page as a PDF) is the authoritative source for any reliance.

View original ethics opinion (PDF)

Currency note

The Board's status list flags this opinion as a CPR Opinion providing advice under the former Ohio Code of Professional Responsibility, which was superseded by the Ohio Rules of Professional Conduct effective February 1, 2007. Treat this page as historical context, not current guidance. Verify against current rules (Ohio Prof. Cond. R. 7.2) before acting.

Plain-English summary

A lawyer asked whether he could join his local Better Business Bureau after receiving a BBB Business Information Form, expressing concern that failing to complete the form would reflect unfavorably on him. The Board read former DR 2-103(C), which prohibited a lawyer from requesting an organization to recommend or promote the use of the lawyer's services, as the only potentially relevant restriction.

The Board concluded that DR 2-103(C) did not apply because, on the facts the inquirer presented, the BBB did not address inquiries from potential clients about lawyers (those were referred to the local bar association) and did not entertain complaints against lawyers (also referred to the local bar association). The Board therefore approved BBB membership, conditioned on the BBB's continuation of those referral practices.

Common questions

Q: Was the Board's permission unconditional?

A: No. The Board conditioned its conclusion on the BBB's continued practice of forwarding lawyer inquiries and complaints to the local bar association. If the BBB began answering client inquiries about lawyers or handling complaints against lawyers, the DR 2-103(C) analysis would differ.

Q: Why did former DR 2-103(C) potentially apply?

A: DR 2-103(C) prohibited a lawyer from requesting an organization to recommend or promote the use of the lawyer's services. Membership in an organization that referred or recommended lawyers to consumers could fall within the prohibition.

Citations and references

Rules of Professional Conduct:

Former DR 2-103(C), Ohio Code of Professional Responsibility

Source

Landing page: https://ohioadvop.org/advisory-opinion-index/
Original PDF: https://www.ohioadvop.org/wp-content/uploads/2017/03/Op-87-027.pdf

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

The Supreme Court of Ohio
BOARD OF COMMISSIONERS ON GRIEVANCES AND DISCIPLINE
41 SOUTH HIGH STREET-SUITE 3370, COLUMBUS, OH 43215-6105
(614) 644-5800 FAX: (614) 644-5804

OFFICE OF SECRETARY

OPINION 87-027
December 18, 1987

[CPR Opinion-provides advice under the Ohio Code of Professional Responsibility which is superseded by the Ohio Rules of Professional Conduct, eff. 2/1/2007.]

SYLLABUS: A lawyer may become a member of the Better Business Bureau provided the BBB continues its practice of forwarding inquiries and complaints regarding lawyers to a local bar association.

OPINION: We have before us your request for our opinion on whether you may join your local Better Business Bureau (hereinafter referred to as BBB). You state in your request that the BBB has sent you their Business Information Form and you are concerned that if you fail to complete the form it will reflect unfavorably upon you.

It is our opinion that a lawyer may ethically be a member of the BBB. It is our understanding the BBB does not address inquiries from potential clients of a lawyer. Any inquiry concerning a lawyer or law firm is referred to the local bar association. Therefore, DR 2-103 (C) of the Code, which prohibits a lawyer from requesting an organization to recommend or promote the use of the lawyer's services, would not apply since the BBB does not answer inquiries concerning a lawyer.

Furthermore, the BBB does not entertain complaints against lawyers. Again, it is our understanding that any complaint against a lawyer or law firm is referred to the local bar association. Therefore, as long as the BBB does not handle complaints against lawyers, a lawyer may ethically be a member of the BBB.

Based upon the foregoing, it is our opinion, and you are so advised, that a lawyer may join the Better Business Bureau.

This is an informal, non-binding advisory opinion, based upon the facts as presented and limited to questions arising under the Code of Professional Responsibility.

Jason W. Mason, Esq.
Secretary, Board of Commissioners
on Grievances and Discipline

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