Ohio Board of Professional Conduct Ethics Opinions
Free plain-English summaries of legal ethics opinions issued by the Ohio Board of Professional Conduct, with full citations and source links on every page.
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Can a lawyer join a church-paid group legal services plan that pays for members' trusts only if the trust leaves the church at least $20,000?
The opinion concluded that it is improper under DR 2-103(D) and DR 5-107(B) for a lawyer to participate in a church-funded estate-planning plan that pays for a member's self-trusteed revocable trust o…
Can a court probation officer work part-time for a private for-profit drivers' intervention program that takes court referrals?
The opinion concluded that Ohio Ethics Law (R.C. 102.03(D) and (E)) prohibits a municipal-court probation officer from accepting private employment with a for-profit drivers' intervention program serv…
Can a lawyer donate legal services to be auctioned or raffled as a prize at a charity fundraiser?
The opinion concluded that a lawyer should not donate legal services to be auctioned or used as a prize drawing at a charitable fundraiser, because the donation gives a thing of value that secures emp…
Can a lawyer refer clients to lenders recommended by a consulting company that the firm pays and that earns referral fees from those lenders?
The opinion concluded that it is improper, absent full disclosure and informed consent, for a lawyer to provide loan applications and refer clients to lenders recommended by a consulting company that …
Can a law firm pay a real estate agency an annual fee and offer the agency's customers discounted legal services in exchange for the agency promoting the firm?
The opinion concluded that it is improper for a law firm to pay an annual fee to a real estate agency and offer discounted legal services to the agency's customers in exchange for the agency promoting…
Can a plea agreement require a criminal defendant to waive claims of ineffective assistance of trial counsel or prosecutorial misconduct?
The opinion concluded that it is unethical for a prosecutor to negotiate, and for a defense attorney to advise a defendant to enter, a plea agreement that waives the defendant's appellate or postconvi…
Can a court-employed attorney mediator take a private paid mediation of a case pending on the docket of the court that employs the mediator?
The opinion concluded that it is improper, under Section 2921.43(A)(1) of the Ohio Revised Code and DR 9-101(B), for a court-employed attorney/mediator to conduct a private fee-paid mediation of any c…
Can a lawyer who is also a licensed insurance agent sell annuities through the law firm to the firm's estate planning clients?
The opinion concluded that it is improper for a lawyer who is also a licensed insurance agent to sell annuities, for a commission, through the law firm to the lawyer's estate planning clients, because…
Can an Ohio lawyer offer financial planning services through the law firm to estate and business clients, and charge a percentage of assets managed?
The opinion concluded that the former Ohio Code of Professional Responsibility did not prohibit an attorney from providing financial planning services through the law firm to business and estate plann…
Can an insurance defense lawyer follow the insurer's litigation management guidelines when those guidelines control legal research, staffing, discovery, or motions?
The opinion concluded that it is improper under DR 5-107(B) for an insurance defense attorney to abide by an insurer's litigation management guidelines when the guidelines directly interfere with the …
Can an insurance defense lawyer send detailed billing statements to an outside auditor hired by the insurer without the insured client's consent?
The opinion concluded that an insurance defense attorney may not submit detailed legal bills to an outside audit company hired by the insurer without first obtaining the insured client's consent after…
Can an Ohio lawyer take a fee from a financial services company for referring clients who need financial services?
The opinion concluded that it is ethically improper for a lawyer to accept a fee from a financial services group for referring clients in need of financial services, because the arrangement is an impr…
Can an Ohio lawyer refer a client to a company that buys part of the client's money judgment for cash during an appeal, and can the lawyer take such funding too?
The opinion concluded that a lawyer may refer a judgment-holding client to a company that buys a minority interest in the judgment and advances cash during an appeal, if the lawyer determines the refe…
Can a part-time magistrate, or the magistrate's law partners, practice law in the same court where the magistrate serves?
The opinion concluded that a part-time common pleas or municipal magistrate may not practice law in the court the magistrate serves or where the appointing judge serves, but the magistrate's partners …
Can a lawyer agree to do all of a liability insurer's defense work for a fixed flat fee?
The opinion concluded that an attorney or firm may contract with a liability insurer to do its defense work for a fixed flat fee, but the fee must be reasonable and adequate, must not compromise indep…
Can lawyers run an ancillary business that negotiates other businesses' legal fees down with the lawyers those businesses already hired?
The opinion concluded that it is improper for attorneys to form an ancillary business that negotiates legal fees between a business client and its retained counsel, because the business would improper…
Can a full-time judicial law clerk also practice law part-time, and how does it affect the judge's cases and appointments?
The opinion concluded that if a court permits a judicial law clerk to practice law part-time, the clerk may not represent clients in matters before the judge served or before other judges in the same …
Can a retired lawyer be 'of counsel' to two different law firms at the same time, and what conflicts result?
The opinion concluded that a retired attorney may serve as 'of counsel' to two firms formed by former partners if the lawyer maintains a continuing, close, regular, and personal relationship with each…
Can a lawyer who serves on a city council represent clients in that city's municipal court, in civil and in criminal cases?
The opinion concluded that a lawyer who is a city council member may represent civil clients in the municipal court if certain restrictions are heeded, but may not represent criminal defendants, priva…
Can the insurer's lawyer prepare the guardianship and settlement-approval papers for an unrepresented injured minor and present them to the court?
The opinion concluded that the tortfeasor's insurer's lawyer may prepare the guardianship-appointment and settlement-approval applications for an unrepresented minor and appear for court approval, if …
Can an insurance company's salaried in-house lawyers pursue subrogation and include an insured's deductible, and can they operate under an 'in-house law firm' name?
The opinion concluded that salaried insurance in-house counsel may pursue subrogation and, with the insured's consent, include the insured's deductible, if they exercise independent judgment and make …
Can different attorneys in the same Ohio prosecutor's office prosecute two family members who are charged with committing domestic violence against each other?
The opinion concluded that it is not per se improper for different attorneys from the same prosecutor's office to simultaneously prosecute family or household members charged with domestic violence ag…
Can a part-time assistant county prosecutor share office space with a criminal defense lawyer and co-counsel civil cases with that lawyer?
The opinion concluded that an assistant prosecutor in part-time private practice may share office space with a criminal defense lawyer and co-counsel unrelated civil cases, provided they protect clien…
Can salaried insurance-company lawyers collect insureds' deductibles and operate under an in-house law firm name?
The opinion concluded that salaried insurance-company attorneys may pursue subrogation claims for the insurer but may not also attempt to collect insureds' deductibles, and may not operate an insuranc…
Can Ohio lawyers own an ancillary business offering law-related services, and what must they disclose to its customers?
The opinion concluded that lawyers may own an ancillary law-related business if it commits no unauthorized practice and they follow the Code, may not condition the business's services on the customer …
Can a criminal defense attorney also serve as a special county prosecutor in another county?
The opinion concluded that a private criminal defense attorney may serve as a special county prosecutor in another county only if the attorney does not represent criminal defendants in the court where…
Can a part-time county court judge, or the judge's firm, practice law in the county court where the judge sits by assignment?
The opinion concluded that a part-time county court judge may not practice law in the county court where the judge sits by assignment until the assignment ends, and neither may the judge's partners an…
Can a municipal court deputy bailiff privately own a business that evicts tenants for landlords for a fee?
The opinion concluded that it is improper under Ohio Ethics Law for a municipal court deputy bailiff to privately own a business that evicts tenants for landlords for a fee while serving the court. De…
Can lawyers from different divisions of the same legal aid society represent opposing parties in Ohio?
The opinion concluded that two attorneys from separate divisions of a legal aid society may not represent opposing parties unless it is obvious each can adequately represent the parties and the partie…
Can spouses serve as opposing prosecutor and defense counsel in Ohio, and what about their firm colleagues?
The opinion concluded that an assistant prosecutor and a criminal defense lawyer who are spouses may not oppose each other without disclosure and consent, and that the defense lawyer's partners and as…
Can an Ohio lawyer who serves on a bar grievance committee defend other lawyers in disciplinary matters?
The opinion concluded that a grievance committee member may not privately represent an attorney in a disciplinary matter handled by that committee, but may represent attorneys before another committee…
Can an Ohio judge appoint a relative to represent indigent criminal defendants?
The opinion concluded that a judge may not appoint an attorney related within the third degree of consanguinity to the judge or spouse to represent indigent defendants, because it is nepotism under Ca…
Can an Ohio lawyer confess judgment on a cognovit note, and can the creditor's attorney do it or be paid by the creditor?
The opinion concluded that a lawyer may confess judgment under a cognovit-note warrant of attorney at a creditor's request if the confession is lawful, that a creditor's own attorney may do so only wi…
Can an Ohio judge appoint a lawyer who is employed by the judge's adult child, and must the judge then recuse?
The opinion concluded that a probate or juvenile judge may appoint an attorney who works as an associate for the judge's son if the appointment is merit-based and the son is not entitled to a share of…
Can an attorney who is a court administrator write a law handbook for a publisher that sells books to the court and keep the royalties?
The opinion concluded that a court administrator may accept a publisher's offer to author a juvenile law handbook for royalties under R.C. 102.03(D) and (E) if he does not use his office to secure the…
Can a company's in-house lawyer separately, privately represent the company's customers on related legal matters?
The opinion concluded that a corporation's lawyer may not provide private legal representation to the corporation's clients on matters related to the corporation's work, because making corporate couns…
Can a part-time assistant prosecutor share office space with a criminal defense attorney?
The opinion concluded that an assistant county prosecutor in part-time private practice may share or sublet office space from a criminal defense attorney, provided client confidences are protected thr…
Can a criminal defense lawyer own part of a company that provides court-ordered house arrest monitoring?
The opinion concluded that an attorney whose practice emphasizes criminal defense may acquire an ownership interest in a company that sells and provides house arrest programs to courts, but because th…
Can a judge help organize and advise a business joint venture and introduce its potential customers?
The opinion concluded that a judge's active involvement in advising, planning, and organizing a proposed joint venture, and introducing potential clients and businesses to each other, would fall withi…
Can a part-time judge appoint a lawyer from the judge's own law firm to serve as a court referee?
The opinion concluded that R.C. 2921.42(A)(1) of Ohio's ethics law prohibits a part-time judge from appointing an attorney in the judge's own law firm to the position of referee, because the appointme…
Can a prosecutor and a criminal defense lawyer who are siblings handle opposite sides of the same case?
The opinion concluded that representation of opposing parties by a prosecutor and a defense attorney who are siblings creates a conflict under DR 5-101(A), worsened when they are former partners and t…
Can a judge serve as executor of a close friend's estate?
The opinion concluded that a judge may serve as executor of a close friend's estate, when named in the will, if the relationship was characteristic of a close familial relationship under Canon 5D, the…
Must a part-time referee step aside when a lawyer the referee co-counsels with in private practice appears before the referee?
The opinion concluded that a part-time referee should disqualify when a party is represented by an attorney (or that attorney's partner or associate) with whom the referee co-counsels on unrelated pri…
Can a lawyer make donations to a nonprofit agency that refers clients to the lawyer?
The opinion concluded that it is improper for a lawyer who does pro-bono work for a nonprofit social service agency to make periodic voluntary contributions to the agency while receiving client referr…
Can a municipal judge sit on the board of a nonprofit that contracts with the city to provide services to the judge's own court?
The opinion concluded that the Code of Judicial Conduct, Ohio Ethics Law, and related statutes prohibit a municipal judge from serving as a member or officer of the board of a nonprofit corporation th…
Can a part-time county court judge represent a criminal defendant in another county's court, even one who previously appeared before the judge?
The opinion concluded that, under appropriate circumstances, a part-time county court judge may represent a defendant on a traffic charge pending in a municipal court of another county, and that repre…
Can a business owned by lawyers operate as an agency that places temporary lawyers with law firms in Ohio?
The Board concluded that a temporary lawyer placement service may operate ethically if it follows guidelines in a written agreement: no fee-splitting with the agency under DR 3-102(A), no agency contr…
Can a lawyer who advises a trust grantor be paid part of his fee directly by the bank serving as trustee?
The Board concluded that a lawyer may represent a trust grantor and receive a portion of his fee from the third-party trustee bank only after the client knows the entire arrangement and consents, with…
Who does a child support enforcement (CSEA) attorney represent, and what conflicts limit a part-time CSEA attorney's private practice?
The Board concluded that the CSEA attorney's client is the state-at-large in both AFDC and non-AFDC cases, so the custodial parent must be told at the outset that the attorney represents only the stat…
Can an Ohio lawyer who is also a licensed real estate agent represent the same client as both lawyer and realtor, and how must the lawyer handle letterhead, fees, and office sharing?
The Board concluded that a lawyer should not concurrently serve one client as both lawyer and realtor, may not list a non-legal business like 'realtor' on legal letterhead or signage under DR 2-102(E)…
Can an Ohio lawyer practice in two separate law firms or legal professional associations at the same time?
The Board concluded that a lawyer should not practice with more than one law practice in Ohio at the same time, reasoning that dual firm membership is potentially misleading, threatens client confiden…
Can a probate judge serve on a community mental health board after a new law routes mental-health referrals through that board?
The Board concluded that, because a 1989 amendment to Ohio Rev. Code Ch. 5122 directs probate courts to refer mentally ill persons to community mental health boards, a probate judge or anyone performi…
Can a legal aid society refer cases it can't take due to a conflict to a volunteer lawyers' project and still represent the opposing party?
The Board concluded that a legal aid society may send conflict-of-interest cases it cannot accept to a volunteer lawyers' project funded through it, and may still represent the opposing party, provide…
Can a lawyer be both an assistant county prosecutor and a city police officer in the same county?
The Board concluded that the positions of assistant county prosecutor and city police officer are not per se incompatible, but the lawyer must choose between them if one is subordinate to or a check o…
Can a lawyer who drafts a client's will be named as the executor of the estate?
The Board concluded that a lawyer may draft a will naming the lawyer as executor without violating the Code, but the lawyer may not consciously influence the client to make that choice; if the client …
When can a lawyer who switched firms be disqualified from a matter adverse to a former client, and is the new firm disqualified too?
The Board concluded that a lawyer may not represent a client against a former client where the interests are materially adverse and the matters are the same or substantially related, but said the fact…
Must a municipal prosecutor report a criminal defense lawyer who works in the same firm as the county prosecutor?
The Board concluded that a municipal prosecutor who knows a criminal defense attorney is employed by the same law firm as the county prosecutor has a duty under DR 1-103 to report that knowledge to th…
Can two lawyers who share office space represent opposing parties in the same contested divorce?
The Board concluded that the Code does not flatly prohibit two lawyers who share office space from representing opposing sides in a contested divorce where they practice independently and do not hold …
Can a law firm that represents a public mental-health board also represent neighbors opposing a land-use variance sought by that board's agency?
The Board concluded that a firm representing a public mental-health board could not also represent landowners opposed to a variance sought by the board's agency, because the clients had differing inte…
Can a county commissioner who is also a lawyer represent clients in the Court of Common Pleas of the same county, and can the commissioner's law partner take those cases?
The Board concluded that the former Code did not specifically preclude a county commissioner from appearing in the county's Court of Common Pleas, in civil or criminal cases, as long as doing so did n…
Browse Ohio Board of Professional Conduct opinions by topic
Legal ethics opinions from the Ohio Board of Professional Conduct interpret the rules of professional conduct for working lawyers, in response to inquiries from members and committees. They are not binding like court discipline decisions, but courts and discipline boards treat formal opinions as substantial guidance on how the rules apply. Every opinion above has a plain-English question and short answer, plus a link to the original source on the bar's site.