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 law firm call itself 'Austintown Legal Center,' using a geographic place name in the firm name?
The Board concluded that a trade name is not permitted under Canon 2, but a law office organized to provide standardized and multiple legal services may include the phrase 'legal center' in its name u…
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 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 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 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 judge serve as trustee of a court-created trust fund that resolves asbestos injury claims against a bankrupt manufacturer?
The Board concluded that Canon 4C does not prohibit a judge from serving as trustee of a claimants' fund created by an out-of-state bankruptcy court to resolve asbestos claims, since the alternative d…
Can a judge be paid for writing newspaper articles on legal topics?
The Board concluded that under Canon 4A a judge may write articles on the law, the legal system, and the administration of justice, and under Canon 6 may receive reasonable compensation as long as the…
Can the spouse of a county court judge serve as a common pleas judge in the same county?
The Board concluded that nothing in the Code of Judicial Conduct prevents spouses from both serving in a judicial capacity, so the spouse of a county court judge may serve as a common pleas judge in t…
Must a judge disqualify in cases involving the police department that employs the judge's spouse?
The Board concluded that a judge must disqualify when the judge's police-officer spouse is likely to be a material witness in a proceeding (Canon 3C(1)(d)(iv)), subject to remittal under Canon 3D, but…
Who handles a lawyer's client files when the lawyer dies, resigns, is suspended, or disappears, and can those files ever be destroyed?
The Board concluded that, under Gov. Bar R. V §22, the Office of Disciplinary Counsel or a local bar's certified grievance committee chairman may appoint an attorney to protect a lawyer's clients when…
Must a new judge give up shares in the law firm or legal professional association the judge came from, even if the shares earn no income?
The Board concluded that a judge who keeps any interest in a former legal professional association, even through a trust producing no income, creates the appearance of impropriety and risks frequent d…
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…
What may a judicial candidate's campaign advertising say about titles, an opponent, shared ads, criticism, and fundraising?
The Board set guidelines under Canon 7: a non-incumbent should not use the title 'judge' without showing it is for a different court, must include an opponent's title, and should place 'for judge' aft…
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…
Can a lawyer limit liability to a client for a title opinion that relies on abstracting work done by non-lawyers?
The Board concluded that a lawyer may not limit liability to a client when rendering title opinions based on abstracting services done by non-lawyers, because DR 6-102 bars a lawyer from attempting to…
Can a paralegal or legal assistant sign letters on the law firm's letterhead under their own name?
The Board concluded that a non-lawyer employee may sign correspondence on the firm's letterhead using the employee's own name as long as the signature clearly identifies the person's capacity, includi…
Must a judge disqualify when the lawyer in the case is the judge's brother-in-law, and can the parties waive it?
The Board concluded that a judge must disqualify from any proceeding in which a person within the third degree of relationship appears as a party or lawyer, which includes a spouse's brother, but may …
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 a law firm offer discounted legal services to members of a teachers' association through a group legal service plan?
The Board concluded that a law firm may participate in a legal service plan offering a free consultation and discounted fees to members of teachers' associations under DR 2-103(D)(4), and may write ne…
Can a lawyer hold a client's retainer in an interest-bearing trust account and apply the interest to the fee?
The Board concluded that a retainer the lawyer would bill against during the representation belongs in part to the client and in part to the lawyer, so it must be kept in a separate, identifiable clie…
Can a lawyer be listed in the phone book under a 'Fields of Practice' heading, and can the listing say the lawyer specializes in an area?
The Board concluded that a lawyer may be listed in a telephone directory under an 'Attorneys-Fields of Practice' heading and may state that the practice is limited to or consists in large part of a fi…
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 legal services program's governing board set priorities that limit the kinds of cases its staff lawyers handle?
The Board concluded that a legal services program's governing board may set priorities for allocating the office's resources, including limiting representation to certain matters, without violating 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 lawyer pay a now-suspended or disbarred lawyer a share of a fee under a referral or fee-sharing agreement made before the suspension?
The Board concluded that a lawyer may share fees with a suspended or disbarred lawyer if the fee-sharing agreement was made before the suspension or disbarment and the fee is divided on the basis of w…
Is it nepotism for a court to keep a long-time employee who married the court's judge, or for a judge to appoint the qualified spouse of a current court employee?
The Board concluded that retaining a long-term court employee who is now married to the judge of that court may create the appearance of impropriety but is not per se nepotism under Canon 3B(4), and t…
Can a criminal defense lawyer file a broad 'blanket' motion to suppress, and must the lawyer investigate every ground first?
The Board concluded that filing a 'blanket' motion to suppress does not violate the Code, and that a criminal defense lawyer is not required to conduct a complete investigation before filing one given…
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…
Is an Ohio attorney who is delinquent on biennial registration, but not yet stricken from the roll, engaged in the unauthorized practice of law while still practicing?
The Board concluded that an attorney who is delinquent in biennial registration but has not yet been stricken from the roll of registered attorneys is not engaged in the unauthorized practice of law d…
Can a retired judge who is not eligible for recall to the bench endorse candidates and take part in political campaigns?
The Board concluded that a retired judge who is not eligible for recall to judicial service is not governed by the Code of Judicial Conduct and therefore may endorse or participate in the campaign of …
At a real estate closing, can the buyer's lawyer discuss the sale with the seller before the seller's lawyer arrives?
The Board concluded that former DR 7-104(A)(1) bars communicating with a represented party on the subject of the representation, but that communications truly unrelated to the representation are not v…
If a lawyer is discharged before doing any work, can the lawyer still enforce a retainer agreement and collect the stipulated fee?
The Board concluded that when a lawyer withdraws or is discharged, has collected no fees, and has performed no services, the lawyer is not entitled to the stipulated fee, because a lawyer must refund …
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…
Can an attorney advertise on a billboard in Ohio?
The Board concluded that billboard advertising is a permitted form of advertising under former DR 2-101, relying on the rule's 'or otherwise' catchall, provided the billboard contains no false, fraudu…
Can a lawyer advertise for cases, like personal injury, that the lawyer does not actually handle but refers out to other firms?
The Board concluded that it is misleading under former DR 2-101(A) for a lawyer to advertise for work the lawyer does not handle, such as advertising for personal injury clients while referring those …
Can a lawyer pay to be listed in a 'Talking Yellow Pages' service that gives callers attorney names by random computer selection?
The Board concluded that a lawyer could advertise in the Talking Yellow Pages, because under DR 2-101(B)'s catchall it was a permitted form of advertising and, since the service did not recommend or e…
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…
What does the 'Of Counsel' designation mean, and can a lawyer who is also a CPA indicate the second profession on letterhead or run both practices from one office?
The Board concluded that 'Of Counsel' indicates a continuing, close relationship with a lawyer or firm other than as a partner or associate, and that under former DR 2-102(E) a lawyer engaged in anoth…
Can a law firm send newsletters to companies and individuals who are not current clients?
The Board concluded that a law firm may send newsletters to non-clients, provided the newsletters contain no false, fraudulent, misleading, or deceptive statements or claims, because newsletters are 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…
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…
Can lawyers who share office space and some expenses but no longer share fee income keep using a combined firm name like 'Smith, Jones & Blank'?
The Board concluded that under former DR 2-102(C) a lawyer may not hold himself out as having a partnership with other lawyers unless they are in fact partners, so lawyers who only share offices or ex…
Can a legal research and writing service that works only for lawyers and law firms operate under a trade name, and can the person running it call themselves a lawyer?
The Board concluded that providing legal research and writing services exclusively for lawyers and law firms is not the practice of law, so the service can be marketed under a trade name, but a person…
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…
Can an Ohio legal professional corporation include in its name an associate who is not a shareholder?
The Board concluded that the name of a legal professional corporation should not include the name of an associate who is not a shareholder, because Governing Bar Rule III, Section 2(A) limited the cor…
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…
Can an Ohio lawyer offer clients a videotape of the reading and signing of their will?
The Board concluded that nothing in the former Ohio Code of Professional Responsibility prohibited a lawyer from offering clients a videotape of the reading and signing of a will, but the clients shou…
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 lawyer provide a free consultation to surviving family members as part of a funeral director's package, with the funeral director referring the family to the lawyer?
The Board concluded that a lawyer could not provide a free consultation as part of a funeral package, because former DR 2-103(C) barred requesting an organization to recommend the lawyer's services an…
When a landlord's lawyer refiles an eviction, must the lawyer notify the lawyer who had represented the tenant in an earlier eviction that was dismissed two months before?
The Board concluded that a lawyer who refiles an eviction is not ethically obligated to contact the lawyer who had represented the tenant in a similar action dismissed two months earlier; the landlord…
Could a lawyer serve as a Court of Claims Commissioner in the Victims of Crime Reparation section while also working as a Special Assistant Attorney General on unrelated matters?
The Board concluded that a lawyer who sat as a Court of Claims Commissioner hearing reparation appeals could also serve as a Special Assistant Attorney General on collection work and matters for the D…
Could a lawyer write to adoption organizations asking them to refer prospective clients, offering discounted fees for adoptions of 'special children'?
The Board concluded that a lawyer could not send letters to adoption groups seeking their referral of clients, because former DR 2-103(C) barred requesting a person or organization to recommend the la…
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…
Under the former Ohio Code of Judicial Conduct, could a sitting judge be a partner or shareholder in a business that consulted, for pay, candidates running for elective office?
The Board concluded that a judge should not engage in the business of consulting candidates for political office. Canon 5C(2) barred a judge from serving as an officer, director, manager, advisor, or …
Could a retired Ohio judge who registered to serve as a private judge still be eligible for appointment as a visiting judge by the Chief Justice?
The Board concluded that a retired judge who registered for referrals as a private judge under Ohio Rev. Code 2701.10 was not precluded from being assigned as a visiting judge by the Chief Justice of …
Could an acting judge appointed by a municipal court judge hear cases in which the appointing judge's son appeared as a lawyer for one of the parties?
The Board concluded that an acting judge appointed by a municipal court judge should disqualify from any proceeding in which the acting judge's impartiality might reasonably be questioned, including c…
Could an Ohio lawyer be listed in a legal directory or law list, and could that listing describe the lawyer as a specialist?
The Board concluded that a lawyer could ethically be listed in a legal directory or law list, treated as a form of advertising under former DR 2-101, so long as the listing was not false, fraudulent, …
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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.