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 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…
If lawyers keep separate practices in the same building, can they split fees, and how must they protect client confidences and share staff?
The opinion concluded that lawyers with separate practices in the same building are not in the 'same firm,' so fee divisions must meet DR 2-107(A); to protect confidences under DR 4-101 they must keep…
Must a judge step aside when a lawyer in the case works with the judge's spouse, or rents office space from the judge?
The opinion concluded that disqualification is not automatic when a lawyer in a proceeding is employed by, associated with, or in partnership with the judge's spouse; it turns case by case on whether …
Can an attorney not licensed in Ohio open an Ohio office limited to federal-court practice, and what must the letterhead say?
The opinion concluded that an attorney not admitted in Ohio who sets up an Ohio office for the practice of federal law engages in the unauthorized practice of law under DR 3-101(B), though it does not…
Are lawyers who share an office and cooperate on cases, but are not partners, in the 'same firm' for purposes of the fee-division rules?
The opinion concluded that lawyers who practice in association with each other but not as a partnership are not in the 'same firm' under DR 2-107(A), so they must fully comply with the rule's restrict…
Can a law firm require a departing associate to pay back a percentage of fees earned from former firm clients who follow the associate?
The opinion concluded that a separation provision requiring a departing associate to pay the firm a percentage of fees later earned from former firm clients who chose to follow the associate is unethi…
Under Ohio's former Code of Judicial Conduct, could a court referee make political donations, and were there limits on who they could give to?
The opinion concluded that referees, who are treated as judges for compliance purposes, could make political donations, including to a political party, but could not directly or indirectly donate to a…
Can an out-of-state law firm represent a lender on a loan to an Ohio borrower secured by Ohio property without engaging in the unauthorized practice of law?
The Board concluded that an out-of-state firm does not engage in the unauthorized practice of law by representing out-of-state lenders on Ohio-secured loans, including preparing documents, negotiating…
Can a legal aid lawyer hand an unrepresented indigent person her card in court and offer to represent them for free?
The Board concluded that a legal services lawyer may ethically make an in-person, no-fee offer to represent an indigent defendant who has appeared in court without representation, because the Code's b…
Can a part-time judge pro tempore serve as an officer or board member of a political party organization in Ohio?
The Board concluded that Canon 7(A)(1)(a) bars a judge, a judge pro tempore, or a judicial candidate from acting as a leader or holding office in a political organization, and that a judge pro tempore…
When a client has given fabricated records to an agency, must an Ohio lawyer disclose the fraud, or does confidentiality control?
The Board concluded that information about a client's fraud is privileged and may not be disclosed unless permitted under DR 4-101(C); a lawyer may not offer false evidence, must try to persuade the c…
Can a lawyer suspended from practice work as a paralegal in an Ohio law office under a licensed lawyer's supervision?
The Board concluded that a suspended or disbarred lawyer is not prohibited from working as a non-lawyer paralegal in a law office, provided the office exercises close supervisory control to prevent th…
Can an Ohio criminal defense lawyer disclose a client's identity on IRS Form 8300 when the client pays a cash fee over $10,000?
The Board concluded that a lawyer may not reveal a client's confidences or secrets except as permitted under DR 4-101(C), so a criminal defense lawyer who believes in good faith that disclosure would …
Must an Ohio lawyer report another lawyer's misconduct learned while representing a client, and does client confidentiality excuse the duty?
The Board concluded that a lawyer must report unprivileged knowledge of another lawyer's violation of DR 1-102 to the Office of Disciplinary Counsel or a certified grievance committee under DR 1-103(A…
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…
Must an Ohio judge who is a party in a lawsuit recuse from cases where a litigant is represented by the judge's own attorney?
The Board concluded that a judge who is personally a party in litigation must recuse from any case where a litigant is represented by the judge's own attorney, at least while the attorney-client relat…
Can an Ohio judge or judicial candidate announce personal views on a disputed issue like abortion during a campaign?
The Board concluded that under Canon 7B(1)(c) of the former Code of Judicial Conduct, judges and judicial candidates could not announce their views on disputed legal or political issues, and that abor…
If a judge files a disciplinary complaint against a lawyer, is the judge disqualified from that lawyer's cases, and must the lawyer's clients be told?
The Board concluded that a judge has a duty under Canon 3(B)(3) and DR 1-103 to report lawyer misconduct, and that filing a disciplinary complaint against a lawyer does not, by itself, disqualify the …
Can a judge be paid to teach law courses at a college or university?
The Board concluded that under Canon 4A a judge may teach courses on the law, the legal system, and the administration of justice, and under Canon 6 may receive reasonable compensation if the source o…
Can a lawyer registered as inactive work as a volunteer judicial law clerk or give free legal advice?
The Board concluded that a lawyer registered inactive under Gov. Bar R. VI is not authorized to practice law, so the lawyer may serve as a judicial law clerk because those duties are preparatory or mi…
Can a lawyer use client testimonials in advertising?
The Board concluded that advertisements containing client testimonials were not permitted under the Code, reasoning that a testimonial creates an unjustified expectation that similar results can be ac…
Can a law firm list a non-lawyer office administrator on its letterhead, and can that person have a firm business card?
The Board concluded that DR 2-102(A)(4) sets an exhaustive list of who may appear on a firm letterhead and does not allow non-lawyer employees, so listing a non-lawyer office administrator on the lett…
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 an Ohio judge serve on the board of trustees of a college or university?
The Board concluded that a judge may serve as a trustee of a college or university, with two limits: the judge should not serve if the institution is likely to appear before the judge or to be regular…
Can a full-time probate or juvenile court referee draft wills or trusts for relatives?
The Board concluded that a full-time referee is a judge for purposes of the Code of Judicial Conduct and is precluded from practicing law under Canon 5F, and that preparing wills is the practice of la…
Can a lawyer follow instructions from a client's real estate agent to prepare a different deed than the contract calls for, and how much decision authority belongs to the client?
The Board concluded that decision-making authority over the representation rests exclusively with the client, that a lawyer should keep the client informed and discuss the deed options directly with t…
When can a lawyer share a fee with another lawyer outside the firm, and does advancing litigation costs or appearing as co-counsel count as 'responsibility assumed'?
The Board concluded that under former DR 2-107(A)(2), a division of fees between lawyers outside the same firm must be proportional to the services performed and responsibility assumed, and that 'resp…
Can a prosecutor publicly explain why a criminal charge was not filed once the investigation is finished?
The Board concluded that former DR 7-107(A) barred extrajudicial statements about a pending criminal investigation, but did not apply to completed investigations, so a prosecutor could explain why a c…
Can a lawyer who represents employees in workers' compensation cases switch to representing their employers, withdraw from pending matters, and still collect fees for work already done?
The Board concluded that a lawyer may not oppose a former client in a substantially related matter, may withdraw from a current matter only on compelling circumstances and with the client's consent (a…
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…
Under Ohio's judicial-conduct rules, could a judge or judicial candidate's campaign committee contribute to other candidates, and could a judge contribute to a political party?
The Board concluded that, unlike the ABA's version, Ohio's Code of Judicial Conduct did not bar a judge or judicial candidate, or the candidate's campaign committee, from contributing to other candida…
When a former county public defender becomes county prosecutor, can the office still prosecute cases that were pending in the public defender's office, by assigning them to a special prosecutor?
The Board concluded that a former public defender who became county prosecutor could appoint one of his assistants as special prosecutor to handle cases that had been pending before the public defende…
Could a prosecutor appear before a part-time municipal court judge who employed one of the prosecutor's assistants as an associate in the judge's private law firm?
The Board concluded that nothing in the Code specifically barred a prosecutor from appearing before a part-time judge who employed the prosecutor's assistant, but that the prosecutor should not appear…
Could a part-time city, municipal, or county prosecutor represent criminal defendants in private practice, and were the prosecutor's law partners barred too?
The Board concluded that a part-time prosecutor whose duties included representing the State of Ohio in criminal cases could not represent criminal defendants against the State, with only narrow excep…
Could a legal aid lawyer who charged no fee solicit indigent people known to need representation, by direct mail or in person, after an eviction case was filed against them?
The Board concluded that a legal aid lawyer who received no fee could ethically solicit indigent clients known to need legal services by direct mail only, provided the communication was not false, fra…
Under the former Ohio Code of Professional Responsibility, could a lawyer indicate on stationery that he had been certified as a Civil Trial Advocate by the National Board of Trial Advocacy?
The Board concluded that a lawyer could not indicate on letterhead that he was certified as a Civil Trial Advocate by the National Board of Trial Advocacy, because under former DR 2-105(A) and EC 2-13…
Under the former Ohio Code of Professional Responsibility, could an attorney advance litigation expenses for a contingent-fee client, and what happened if the client could not repay?
The opinion concluded that under former DR 5-103(B) an attorney could advance expenses of litigation provided the client remained ultimately liable for them, and that whether to seek reimbursement was…
Were court referees in Ohio required to complete the mandatory continuing legal education that the judiciary rules imposed on judges?
The Board concluded that referees, whether part-time or full-time, were not required to comply with Gov. Jud. R. IV, the rule mandating continuing legal education for judges, though the Board encourag…
Under former Canon 7B(2) of the Ohio Code of Judicial Conduct, how early could a candidate for judicial office begin fund-raising for primary and general elections?
The Board read former Canon 7B(2) to permit a judicial-campaign committee to solicit funds no earlier than 120 days before each election in which the candidate participated; a primary candidate could …
Under the former Ohio Code of Judicial Conduct, could a part-time juvenile division referee practice in the probate division of the same common pleas court before the judge who appointed him, and could the referee's firm members appear in either division?
The Board concluded that the part-time referee could not practice in his own division (Juvenile) nor before the judge who appointed him in any court; firm members could not appear before their colleag…
Under the former Ohio Code of Judicial Conduct, could a part-time juvenile court referee continue to serve as the President of, and run for re-election to, his local Board of Education, and was he required to file an annual financial disclosure statement?
The Board concluded that a part-time juvenile court referee could serve on a local Board of Education under Canon 5B(1) and (2) provided the activity did not reflect adversely on impartiality or inter…
Under the former Ohio Code of Judicial Conduct, could a judicial candidate (including an incumbent) promise to refuse plea bargaining in DWI cases or announce a specific sentencing policy for a category of criminal cases?
The Board concluded that under former Canon 7B(1)(c), a judicial candidate could not promise to handle a category of criminal offenses in a specific way if elected, nor announce a specific sentencing …
Under the former Ohio Code of Judicial Conduct, was an incumbent judge automatically disqualified from hearing cases in which an election opponent, or members of the opponent's law firm, represented one of the parties?
The Board concluded that the incumbent judge was not automatically disqualified; under former Canon 3C(1) the judge should disqualify himself only when his impartiality might reasonably be questioned,…
Under the former Ohio Code of Judicial Conduct, could a son who was a law partner of a part-time municipal court judge serve as city law director and prosecute all city matters in his father's court?
The Board concluded that a conflict of interest existed both because of the father-son relationship and because the two men were law partners; under former Compliance Section A(2) a part-time judge's …
Under the former Ohio Code of Judicial Conduct, could a part-time domestic relations referee in a common pleas court practice law in the general, probate, and juvenile divisions of the same common pleas court?
The Board concluded that referees were considered judges under the former Code Compliance Section because they performed judicial functions, and as part-time judges under Compliance Section A(2) they …
Under the former Ohio Code of Judicial Conduct, could opposing candidates for a judicial office engage in a public debate immediately before a partisan primary election, and what restrictions applied to the format?
The Board concluded that the former Code did not specifically prohibit or allow public debates between judicial candidates, but that Canon 7B(1)(c) limited candidates to promising faithful and imparti…
Under the former Ohio Code of Judicial Conduct, could a probate-juvenile judge serve on the board of trustees of a not-for-profit fund-raising foundation whose proceeds went to agencies that appeared in the judge's court?
The Board concluded that the judge could serve only if the membership avoided fund-raising solicitation, did not lend the judge's name or office to solicitation, and did not interfere with the judge's…
May a Common Pleas judge teach a class at a state university and accept reimbursement for it?
The opinion concluded that a Common Pleas judge could serve as a visiting lecturer at a state university so long as the activity did not interfere with judicial duties, and could accept reimbursement …
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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.