Can an Ohio lawyer offer clients a videotape of the reading and signing of their will?

Currency note

This opinion was issued in 1988 under the former Ohio Code of Professional Responsibility, which was superseded by the Ohio Rules of Professional Conduct effective February 1, 2007. Treat this page as historical context, not current guidance.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 the current Ohio Rules of Professional Conduct before relying on any specific rule mentioned here.

Plain-English summary

A lawyer asked whether he could ethically offer clients a videotape of the reading and signing of their will. The Board concluded that nothing in the Code of Professional Responsibility precluded the practice.

The Board agreed with the requesting lawyer that there is no valid will without a written document properly executed and witnessed, and stated that clients should be made aware the videotape does not replace the written document. The Board pointed the lawyer to a continuing legal education reference manual published by the Ohio Legal Center Institute (Publication No. 154 (1985)) for guidance on the videotaping procedure itself, including what to include in the video.

Common questions

Q: Did the former Code prohibit videotaping a will signing?

A: No. The Board concluded there was nothing in the Code of Professional Responsibility that precluded a lawyer from offering clients a videotape of the reading and signing of their will.

Q: Does a video of the signing replace the written will?

A: No. The Board stated that there is no valid will without a properly executed and witnessed written document, and that clients should be made aware the videotape does not replace it.

Background and rules framework

The opinion addresses a question of general permissibility under the former Ohio Code of Professional Responsibility and does not turn on a specific Disciplinary Rule. The Board's only qualification was that clients understand the videotape supplements, and does not substitute for, the executed written will.

Citations and references

Other authorities cited:

• Ohio Legal Center Institute, Reference Manual for Continuing Legal Education, Publication No. 154 (1985): guidelines on videotaping a will

See also

No sibling opinions yet indexed.

Source

• Landing page: https://ohioadvop.org/advisory-opinion-index/
• Original PDF: https://www.ohioadvop.org/wp-content/uploads/2017/03/Op-88-014.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 88-014
Issued June 17, 1988

[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: Videotaping the reading and execution of a will is not prohibited under the Code of Professional Responsibility. The testator should be made aware, however, that the videotape is not meant to replace the written will.

OPINION: We have before us your request for our opinion on whether you may ethically offer your clients a videotape of the reading and signing of their will.

There is nothing in the Code of Professional Responsibility which precludes you from offering your clients a videotape of the reading and signing of a their will. However, we agree with you that there is no valid will without a written document properly executed and witnessed and that your clients should be made aware that the videotape does not replace the written document.

Regarding the videotaping procedure itself, the Ohio Legal Center Institute has published a Reference Manual for Continuing Legal Education which may be of some assistance to you. The Manual outlines the advantages and disadvantages of videotaping a will and provides guidelines on what to include in the video. Ohio Legal Center Institute Publication No. 154 (1985).

In conclusion, it is our opinion and you are so advised that videotaping the reading and signing of a will is not prohibited under the Code of Professional Responsibility. However, a videotape of the execution of a will would not replace the requirement of a written will.

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