What may an attorney with inactive or retired registration status do, such as serve on a grievance committee, lecture for CLE credit, or work as a paralegal?

Plain-English summary

The Board answered four questions about what attorneys granted inactive (Gov.Bar R. VI Section 2) or retired (Section 3) registration status may do. Under the amendments effective January 1, 1992, such attorneys may not practice law, hold themselves out as authorized to practice, hold nonfederal judicial office, render any legal service for an attorney granted active status, give legal advice in certain positions, be employed in the judicial system in an attorney position, or practice before nonfederal courts or agencies except for themselves.

On the first question, the Board concluded that inactive or retired attorneys may serve as attorney members of certified grievance committees, because they are persons admitted to practice (satisfying the Gov.Bar R. V Section 5(a) requirement that a majority be attorneys admitted to practice), provided they perform only functions that do not constitute the practice of law, do not hold themselves out as authorized to practice, and abide by the governing bar rules. On the second question, because no rule required CLE lecturers to hold active status, and Regulation 406(c) required only that lecturers be qualified by education or practical skill, the Board concluded inactive or retired attorneys may lecture for CLE credit, again without holding themselves out as authorized to practice.

On the third question, the Board concluded that inactive or retired attorneys may not perform paralegal or law-clerk duties, because Gov.Bar R. VI Sections 2 and 3 expressly bar them from rendering any legal service for an active attorney; the Board cautioned that Op. 88-18 (legal research and writing for lawyers is not the practice of law) should not be read to authorize such work in light of the current rule. On the fourth question, the Board concluded that, absent an applicable governing bar rule, whether inactive or retired attorneys may serve on Supreme Court boards and commissions or on bar association governing bodies should be left to the appointing authority.

Currency note

This opinion issued in 1992 and interprets Ohio's Rules for the Government of the Bar (registration status) as they stood before later amendments. The Board's status list notes it is not current due to subsequent rule amendments to Gov.Bar R. V, VI, and X; for example, effective June 6, 2002, the language "render any legal service for an attorney granted active status" was removed from Gov.Bar R. VI Sections 2 and 3, which is central to this opinion's answer on paralegal and law-clerk work. Treat this page as historical context, not current guidance. Verify against the current Rules for the Government of the Bar before relying on any specific rule mentioned here.

Common questions

Q: Can an inactive or retired attorney serve on a bar association grievance committee?

A: Under this opinion, yes; the Board concluded they may serve as attorney members if they perform only functions that are not the practice of law, do not hold themselves out as authorized to practice, and follow the governing bar rules.

Q: Can an inactive or retired attorney teach a CLE program?

A: The opinion concluded yes, if they meet the Commission on Continuing Legal Education's lecturer standards and do not hold themselves out as authorized to practice law in Ohio.

Q: Can an inactive or retired attorney work as a paralegal or law clerk?

A: At the time of the opinion, no; the Board concluded Gov.Bar R. VI Sections 2 and 3 barred them from rendering any legal service for an active attorney. (The cited rule language was later removed effective June 6, 2002; see the Currency note.)

Background and rules framework

The opinion interprets Ohio's Rules for the Government of the Bar: Gov.Bar R. VI Sections 2 and 3 (inactive and retired registration status and their restrictions), Gov.Bar R. V Section 5(a) (composition of certified grievance committees), and Gov.Bar R. X(B)(1) (authority for continuing legal education regulations).

Citations and references

Rules for the Government of the Bar (Ohio):

• Gov.Bar R. VI Sections 2 and 3, inactive and retired registration status
• Gov.Bar R. V Section 5(a), certified grievance committee membership
• Gov.Bar R. X(B)(1), continuing legal education; Regulation 406(c), lecturer standards

Other opinions cited:

• Ohio Sup.Ct. Op. 88-18 (1988): legal research and writing for lawyers is not the practice of law

See also

• Ohio BPC Op. 1991-001: Inactive and Retired Partners, Listings and Retirement Pay
• Ohio BPC Op. 1991-018: Firm Name, Letterhead, and Of-Counsel for Retired Attorneys
• Ohio BPC Op. 1989-026: Inactive Lawyer Rendering Legal Services
• Ohio BPC Op. 1990-006: Suspended Lawyer Working as a Paralegal

Source

• Landing page: https://ohioadvop.org/advisory-opinion-index/
• Original PDF: https://www.ohioadvop.org/wp-content/uploads/2017/04/Op-92-004.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 92-4
Issued February 14, 1992

[Not Current-subsequent rule amendments to Gov. Bar R. V, VI, and X; e.g., effective Jun. 6, 2002, the language "render any legal service for an attorney granted active status" was removed from Gov. Bar R. V §2 and §3]

SYLLABUS: Attorneys with "inactive" or "retired" registration status may serve as attorney members of certified grievance committees of bar associations provided that they perform the same or similar functions that the lay members perform, namely activities that do not constitute the practice of law; that they do not hold themselves out as authorized to practice law; and that they abide by the restrictions placed upon them by the governing bar rules.

Attorneys with "inactive" or "retired" registration status may lecture on legal subjects at programs that offer continuing legal education credit, so long as they meet the standards for lecturers set forth by the Commission on Continuing Legal Education. Attorneys with "inactive" or "retired" registration status, who lecture at programs offering continuing legal education credit, should not hold themselves out as authorized to practice law in Ohio.

Attorneys with "inactive" or "retired" registration status may not perform the duties of a paralegal or student law clerk because of the express requirement of the Supreme Court of Ohio that these attorneys may not render any legal service for an attorney granted active status.

The decision as to whether attorneys with "inactive" or "retired" registration status may serve on boards and commissions of the Supreme Court of Ohio, or on governing bodies or committees of bar associations or other attorney groups, in the absence of an applicable governing bar rule, should be left to the appointing authority.

OPINION: This opinion addresses four questions regarding proper activities for attorneys who have been granted "inactive" or "retired" registration status.

1. May an attorney who is registered "retired" or "inactive" serve as a member of a certified grievance committee of a bar association?

2. May an attorney who is registered "retired" or "inactive" lecture on legal subjects at programs which offer continuing legal education credit.

3. May an attorney who is registered "retired" or "inactive" perform the same duties as a paralegal or student law clerk in a law firm?

4. May an attorney who is registered "retired" or "inactive" serve on boards and commissions of the Supreme Court of Ohio, or on governing bodies or committees of bar associations or other attorney groups?

General Discussion

There are several different categories of attorney registration set forth in Rule VI of the Supreme Court Rules for the Government of the Bar in Ohio. Section 2 of Governing Bar Rule VI governs the category of "inactive" status. Section 3 governs "retired" status.

Under the most recent amendments to Rule VI, effective January 1, 1992, an attorney granted "inactive" or "retired" registration status

shall not be entitled to practice law in Ohio; hold himself or herself out as authorized to practice law in Ohio; hold nonfederal judicial office in Ohio; render any legal service for an attorney granted active status; occupy a nonfederal position in this state in which the attorney is called upon to give legal advice or counsel or to examine the law or pass upon the legal effect of any act, document, or law; be employed in the Ohio judicial system in a position required to be held by an attorney; or practice before any nonfederal court or agency in this state on behalf of any person except himself or herself.

Gov.Bar R. VI § 2 and § 3.

Question 1

Certified Grievance Committees are empowered, through Rule V Section 5 (a) of the Supreme Court Rules for the Government of the Bar, to conduct disciplinary investigations and file complaints when it finds probable cause that misconduct has occurred or that a condition of mental illness exists. The appointment of Certified Grievance Committee members is addressed within the rule.

A Certified Grievance Committee sponsored by one or more bar associations, or a bar association may provide, by its constitution, regulations, or rules, for the appointment of lay persons as members of a grievance committee, provided the majority of such committee shall consist of attorneys at law admitted to the practice of law by the Supreme Court.

Gov.Bar R. V S 5(a) (emphasis added).

Section 2 of Governing Bar Rule VI, begins with the language "[a]n attorney who is admitted to the practice of law in Ohio may be granted inactive status by applying to the Clerk for an exemption from payment of the registration fee at the time the attorney files a Certificate of Registration." Similarly, Section 3. states "[a]n attorney who is admitted to the practice of law in Ohio and is sixty-five years of age or older may be granted retired status by applying to the Clerk for retired status at the time the attorney files a Certificate of Registration." Thus, even though attorneys with "inactive" or "retired" registration status may not practice law they are persons admitted to the practice of law and fall within the technical requirement of Governing Bar Rule V that the majority of such committee be attorneys at law admitted to the practice of law.

Accordingly, the Board's opinion is that attorneys with "retired" or "inactive" registration status may serve as attorney members of certified grievance committees of bar associations provided that they perform the same or similar functions that the lay members perform, namely activities that do not constitute the practice of law; that they do not hold themselves out as authorized to practice law; and that they abide by the restrictions placed upon them by the governing bar rules. Since many of the activities of certified grievance committees do not constitute the practice of law, "inactive" or "retired" status attorney members can effectively contribute to the work of the certified grievance committees.

Question 2

Continuing legal education activities to be approved for credit must meet certain standards. These standards, entitled Attorney Continuing Legal Education Regulations, are set forth by the Commission on Continuing Legal Education under the authority granted by Rule X (B) (1) of the Supreme Court Rules for the Government of the Bar.

Currently, there is no requirement that lecturers at programs granting continuing legal education credit be attorneys with "active" registration status. The requirement of Regulation 406 (c) is that "[t]he program leaders or lecturers shall be qualified by education, or have the necessary practical skill to conduct the program effectively." Therefore, the Board concludes that attorneys with "inactive" or "retired" registration status may lecture on legal subjects at programs which offer continuing legal education credit, provided that they meet the standards of the Commission on Continuing Legal Education. Attorneys with "inactive" or "retired" registration status, who lecture at programs offering continuing legal education credit, should not hold themselves out as authorized to practice law in Ohio.

Question 3

Governing Bar Rule VI Sections 2 and 3 unequivocally states that attorneys with "inactive" or "retired" registration status shall not be entitled to "render any legal service for an attorney granted active status." (Emphasis added). This restrictive language became effective September 1 1991. Prior to September 1, 1991, "inactive" status attorneys were governed by former Governing Bar Rule VI (8) stating that "such in active attorney shall not be entitled to practice law nor hold himself out as authorized to practice law nor hold judicial office in this State until such time as he requests and is granted reinstatement of active status." The former rule did not contain the language "render any legal service for an attorney granted active status." There was no category for "retired" status prior to September 1, 1991.

The language of the current rule sweeps broadly with a restrictive intent. Although Rule VI underwent amendment in January 1, 1992, the prohibitions regarding rendering any legal service remains intact. Therefore, the Board advises that attorneys with "inactive" or "retired" registration status may not perform the duties of a paralegal or student law clerk because of the express requirement of the Supreme Court of Ohio that these attorneys may not "render any legal service for an attorney granted active status." Gov.Bar R. VI §§ 2 and 3.

The Board acknowledges that in Opinion 88-18 it advised that providing legal research and writing services exclusively for lawyers and law firms is not considered engaging in the practice of law. Ohio Sup.Ct, Bd. of Comm'rs on Grievances and Discipline, Op. 88-18 (1988). However, in light of the current language of Governing Bar Rule VI Sections 2 and 3, Opinion 88-18 should not be interpreted as authorization for attorneys with "inactive" or "retired" registration status to perform the services of a paralegal or law clerk.

Question 4

Question 4 asks whether attorneys with "inactive" or "retired" registration status may serve on boards and commissions of the Supreme Court of Ohio, or on governing bodies or committees of bar associations or other attorney groups. The Board's advice is that the decision as to whether attorneys with "inactive" or "retired" registration status may serve on boards and commissions of the Supreme Court of Ohio, or on governing bodies or committees of bar associations or other attorney groups, in the absence of an applicable governing bar rule, should be left to the appointing authority.

Advisory Opinions of the Board of Commissioners on Grievances and Discipline are informal, nonbinding opinions in response to prospective or hypothetical questions regarding the application of the Supreme Court Rules for the Government of the Bar of Ohio, the Supreme Court Rules for the Government of the Judiciary, the Code of Professional Responsibility, the Code of Judicial Conduct, and the Attorney's Oath of Office.