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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Must an Ohio law firm's separately registered trade name or DBA include LLC, LLP, or another entity designation every time it appears?
No. The trade name may appear without the entity designation in marketing and public-facing communications if the same medium also visibly discloses the firm's full legal entity name with the required…
Can a lawyer agree to a settlement term barring the lawyer from disclosing information that is a public record?
No. A settlement term barring a lawyer from disclosing a publicly accessible government record is an impermissible restriction on the right to practice under Rule 5.6(b); the lawyer cannot offer or ac…
Can an Ohio lawyer pay a staff member a bonus for being named in a positive online review?
No. The Board concludes a bonus tied solely to a positive online review impermissibly ties nonlawyer pay to a particular client or matter and raises a risk of overreaching; bonuses based on revenue, p…
Can a law firm require a departing lawyer to pay a percentage of fees on transferred cases to repay the firm's advertising costs?
No. The Board concludes that requiring a departing lawyer to pay the firm 25% of fee recoveries on transferred cases, on top of quantum meruit, is an impermissible restriction on the right to practice…
Can a nonprofit legal aid lawyer solicit clients in person or by direct mail without the usual solicitation restrictions?
Yes, when the lawyer will receive no fee or remuneration. A nonprofit legal aid lawyer may solicit in person and may send direct mail to a served defendant without the pecuniary-solicitation restricti…
Can an Ohio lawyer advertise certification as a specialist in a field of law that the Ohio Supreme Court has not designated as a specialty?
The opinion concluded a lawyer could state or imply specialization only in a field designated by the Supreme Court; advertising certification by an accredited organization in a non-designated field (s…
Can a lawyer buy a competitor lawyer's or firm's name as a search-engine keyword to display the lawyer's own ad above the competitor's?
The opinion concludes a lawyer or law firm may not purchase the name of another lawyer or firm for use in competitive keyword online advertising, because doing so is designed to deceive the searching …
Can an Ohio lawyer or law firm register and use a service mark like 'The Appeals Pro' in advertising and on letterhead?
The opinion concludes a lawyer or firm may register and use a service mark in communications and advertising, but only in conjunction with the firm's formal legal name and never as a substitute for th…
Can an Ohio lawyer or law firm practice under a trade name that does not include any lawyer's surname or describe the services provided?
The opinion concludes that, after the June 2020 amendment to Rule 7.5, a lawyer or firm may use a trade name as a firm name without referencing a lawyer's name or the services provided, as long as the…
Can a law firm pay an annual fee to a real estate agency and offer discounted legal services in exchange for being promoted as a service provider in the agency's benefits program?
The opinion concludes a law firm may not enter such a 'strategic partnership agreement.' Paying for promotion and offering discounts to be listed gives a thing of value for a recommendation under Rule…
Can an Ohio law firm keep a retired or inactive lawyer's surname in its name and on its letterhead, and can a retiring lawyer be 'of counsel'?
The opinion concludes a firm may keep a retiring lawyer's surname in the firm name in a continuing line of succession even after the lawyer takes 'retired' or 'inactive' registration status, and may l…
What can an Ohio lawyer put in a website domain name, and can a domain name claim a practice specialty or a city where the lawyer has no office?
The opinion concluded that a lawyer's domain name is a form of advertising and a professional designation governed by the Ohio Rules. A lawyer is encouraged but not required to include the lawyer or f…
Can a lawyer agree to a settlement term that bars the lawyer from disclosing or advertising information that is in the public court record?
The opinion concluded that a settlement term barring a lawyer from disclosing information contained in a court record is an impermissible restriction on the lawyer's right to practice under Prof.Cond.…
Can an Ohio lawyer run a virtual law office, and what office address must the lawyer list if there is no traditional physical office?
The opinion concluded that an Ohio lawyer may operate a virtual law office, provided the lawyer is competent in the technology used, takes reasonable efforts to prevent inadvertent disclosure of clien…
Can an Ohio lawyer send unsolicited emails to get clients, and what disclosures must the email carry?
The opinion concluded that a lawyer may use email to solicit professional employment because email is a written communication that does not involve the real-time contact prohibited by Prof. Cond. R. 7…
Can a lawyer advertise 'no fee unless we win' if the client is still responsible for litigation costs?
The opinion concluded that a lawyer who advertises contingent-fee litigation services may not use statements like 'no fee without recovery' or 'no charge unless we win' if the lawyer intends to recove…
Can an Ohio lawyer use client testimonials and online reviews in advertising, and do they need disclaimers?
The opinion concluded that a lawyer may use a client testimonial in advertising if it is not false, misleading, or nonverifiable and does not create unjustified expectations; testimonials about genera…
Can an Ohio lawyer join an online referral service that takes a per-case 'marketing fee' based on the legal fee earned?
The opinion concluded that a lawyer's participation in an online, nonlawyer-owned referral service is unethical where the lawyer must pay a per-matter 'marketing fee' calculated as a percentage of the…
Can a lawyer who gives a legal seminar hand out firm materials and meet with attendees afterward to discuss their cases?
The opinion concluded that a lawyer may present a legal seminar to prospective clients and make firm brochures and information available near the exit (without personally distributing them), but may n…
Can a former judge in Ohio keep using the title 'Judge' or 'Honorable' after leaving the bench?
The opinion concluded that former judges generally may not use a judicial title while practicing law, providing law-related or other business services, working in government, or doing charity or commu…
Can an Ohio lawyer send text messages to solicit prospective clients?
The opinion concluded that Ohio lawyers may use text messages to solicit prospective clients, because a text is a written or electronic communication under Prof. Cond. R. 7.2(a). The message must stil…
Can a law firm list nonlawyer employees by name on its letterhead, website, and business cards?
The opinion concluded that a law firm's letterhead and website may list the names of nonlawyer employees if the employees are clearly identified as nonlawyers through job titles or other identifiers t…
Could a lawyer name a firm with a surname followed by 'Intellectual Property' or the initials 'IP'?
The opinion concluded that it was improper to name a law firm a lawyer's surname followed by 'Intellectual Property' or 'IP', because including an area of practice or specialization in a firm name is …
Could an Ohio judicial candidate say 'Democratic Party Endorsed' or 'Republican Party Endorsed' on campaign billboards and yard signs?
The opinion concluded that throughout a campaign a judicial candidate could truthfully state in person or in advertising that he or she was endorsed by or a nominee of a political party, provided the …
Can a lawyer be listed as 'General Counsel' on a client company's letterhead and sign letters that way?
The opinion concluded that a lawyer or law firm may be listed as 'General Counsel' on a client organization's letterhead, and may sign correspondence that way, if the lawyer represents the organizatio…
Is a personalized law-firm advertising letter to a business prospect a direct-mail solicitation that must carry the 'Advertising Material' label?
The opinion concludes that a personalized letter advertising legal services to a prospective business client, addressed to a contact person, is a direct-mail solicitation subject to Rule 7.3(c): it mu…
When a lawyer announces opening a practice by letter, do the direct-mail solicitation rules apply?
The opinion concluded that a lawyer may announce a new practice with an announcement card and biography to the bar, businesses, and others; a personalized letter and biography to fellow bar members is…
Can a solo attorney call the firm 'The X Law Group' if the firm has associate attorneys?
The opinion concluded that a solo practitioner may name the firm 'The X Law Group,' where X is the practitioner's surname, if X employs one or more attorneys as associates; 'Group' and 'Law Group' are…
Can a lawyer advertise with coupons for a free consultation or dollars off legal fees?
The opinion concluded that a lawyer may not advertise legal services with fee coupons for free consultation or dollars off, because coupons characterize fees as 'discount' or 'special' contrary to DR …
Can a lawyer appear on a TV program called 'Ask the Expert'?
The opinion concluded that a lawyer should not participate in a television station's advertising and public-service program titled 'Ask the Expert,' because lawyers may not hold themselves out as expe…
What rules apply to an Ohio lawyer's advertising in telephone directories?
The opinion concluded that telephone-directory advertising is governed by DR 2-101(B)(2) and generally by the publicity rules in DR 2-101 to DR 2-105: among other limits, no trade names, no misleading…
Can a law firm be named on a business client's website, and can it be called the company's 'preferred attorneys'?
The opinion concluded that a law firm may be identified by name and logo on a business client's website (not false or misleading), but may not be called the company's 'preferred attorneys' (misleading…
Can an Ohio lawyer send unsolicited email advertising legal services, and what rules apply?
The opinion concluded that attorneys are discouraged from, but not barred from, sending unsolicited email advertising legal services, which is treated as targeted direct mail subject to DR 2-101(F)(2)…
Can a law firm advertise its win/loss statistics or offer clients a money-back guarantee on legal matters?
The opinion concluded that it is improper for a firm to give out statistics on intellectual-property matters won, lost, and settled (misleading and self-laudatory), and improper to offer money-back gu…
Can an Ohio lawyer advertise the settlement or verdict amounts won in past cases?
The opinion concluded that it is improper for an attorney or law firm to list past settlement or verdict amounts in advertising, because such statements are misleading and self-laudatory, may be unfai…
Can an Ohio lawyer contact other counsel or an out-of-state party to offer to serve as appellate or local counsel?
The opinion concluded that an Ohio attorney may contact opposing or co-counsel in person, by phone, mail, or email to offer to serve as appellate counsel, and may contact out-of-state counsel to offer…
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 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 an Ohio lawyer pay a commercial website that lists the lawyer's information for potential clients, and how is that different from paying for a referral?
The opinion concluded that an Ohio attorney must distinguish permitted payment for legal advertising under DR 2-101 from prohibited payment for a referral under DR 2-103(B): a fixed payment for a fixe…
Can an Ohio law firm put client testimonials, client names, or links to its case opinions on the firm's website?
The opinion concluded that it was improper for a law firm website to include client testimonial quotations describing the firm's services, even with client consent, but that the firm could list a clie…
Can an Ohio lawyer pay an online lawyer referral service a registration fee plus a percentage of the legal fees earned from referred clients?
The opinion concluded that an Ohio attorney may pay an online lawyer referral service a membership or registration fee and a fee calculated as a percentage of the legal fee earned, provided the servic…
Can an Ohio lawyer set up a website intake form that lets visitors email legal questions and get paid answers from an attorney?
The opinion concluded that a lawyer may place an online intake form on a firm website that lets visitors email legal questions and receive paid email answers, because providing such advice is professi…
Can an Ohio law firm use a domain name that is not the firm's name for its website?
The opinion concluded that, although it is preferable to use the firm name, a lawyer may use other letters, words, or numbers in a website domain name as long as it is not false, misleading, deceptive…
Can an Ohio lawyer be listed in a professional association's online membership directory, with links to the lawyer's email or firm website?
The opinion concluded that an attorney may be listed in a professional association's online membership directory, which it treated as a law directory intended primarily for the legal profession permit…
Can an Ohio lawyer hand out law firm brochures in person at a street corner, fair, or festival?
The opinion concluded that it is improper under DR 2-101(F)(1) for a lawyer to personally distribute law firm brochures at a street corner, fair, or festival, and improper under DR 2-101(F)(1) and DR …
Can a lawyer advertise 'no fee unless you win' for contingent-fee cases without saying anything about costs?
The opinion concluded that 'no charge unless we win' or 'you pay us only when we win' phrases improperly imply litigation costs nothing on a loss, and that 'no fee without recovery' style ads are impr…
Can a lawyer set up a for-profit group legal services plan and take the client referrals it generates?
The opinion concluded that a lawyer may not receive referrals from a group legal services plan the lawyer established and runs through a for-profit organization that bears no liability for its members…
Can Ohio lawyers practice under a common trade name licensed through a nationwide law-firm franchise?
The opinion concluded that Ohio attorneys may not practice law under a common trade name franchised to attorneys across the nation, because it uses a prohibited trade name, implies a partnership that …
Can a magistrate running for judge use the title 'magistrate' and wear a judicial robe in campaign advertisements?
The opinion concluded that a magistrate who is a judicial candidate may truthfully use the title 'magistrate' (and must identify the court division served), but may not wear a judicial robe in a campa…
Can an Ohio solo lawyer call the practice 'X and Associates' if there are no other lawyer employees?
The opinion concluded that 'and Associates' signals that a lawyer employs other lawyers, so a solo practitioner with no lawyer employees may not use it to suggest office-sharing, co-counsel, or non-la…
Can an Ohio lawyer charge for a public legal seminar, accept clients who come from it, and do the same on a radio talk show?
The opinion concluded that a lawyer may charge a nominal seminar fee, accept employment that results from a seminar or radio talk show, and announce availability to speak, so long as the lawyer does n…
Can an Ohio lawyer who also holds another professional degree or license advertise both, and where?
The opinion concluded that a lawyer may indicate a law degree in advertising another profession, and may indicate other degrees or licenses in advertising the law practice, but under DR 2-102(E) a law…
Can a former Ohio judge use 'Judge' or 'Honorable' on law firm letterhead or business cards?
The opinion concluded that a former judge returning to private practice may not use titles like 'Judge,' 'Honorable,' or 'Former Judge' on letterheads or business cards, but may state prior judicial p…
Could an Ohio lawyer list under 'Areas of Practice' or run a display ad in the phone book's classified section?
The opinion concluded that under DR 2-101(B)(2) as amended January 1, 1993, a lawyer could not list under a classified heading 'Areas of Practice' (except patent, trademark, or admiralty practitioners…
Can two Ohio law firms jointly run a 900-number legal advice line, and how can a firm advertise its own 900 line?
The opinion concluded that two law firms may not jointly operate a 900-number legal information line because the lawyers would be practicing law with more than one firm, but a single firm may operate …
Does an Ohio law firm have to label its newsletter 'Advertisement Only,' and what can the newsletter contain?
The opinion concluded that a law firm may mail a newsletter to an untargeted broad group without the 'Advertisement Only' recital, but a newsletter sent to persons known or reasonably knowable to need…
Can a referee running for judge use the title 'referee' or 'senior referee' in campaign ads?
The opinion concluded that a sitting referee running for judicial office may use the title 'referee' or 'senior referee' in a campaign advertisement, but the ad must identify both the court where the …
Can a lawyer who is also a farmer advertise legal services in a farming trade magazine using farming experience?
The opinion concluded that a lawyer engaged in both law and farming may place a legal advertisement in a farmers' trade magazine truthfully citing 20 years of farming experience and may list general p…
Can an Ohio law firm advertise and run a pay-per-call dial-a-lawyer telephone legal advice service?
The opinion concluded that it is not improper for a law firm to advertise and operate a dial-a-lawyer service offering legal advice by phone for a fee, subject to several disciplinary rules on adverti…
Can an Ohio lawyer participate in a televised group legal advertising program that routes calls by zip code?
The opinion concluded that the Code does not preclude Ohio lawyers from participating in televised group legal advertising, and that ethical concerns about improper screening and referral are largely …
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.