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 reveal in an affidavit of disqualification that a disciplinary grievance was filed against the judge?
No. Under Ohio Gov.Bar R. V(8) a lawyer may not disclose in an affidavit of disqualification that the lawyer or client filed a grievance against the judge unless the Board has certified it as a formal…
If a public agency inadvertently sends a lawyer privileged material in response to a public records request, what must the lawyer do?
The lawyer must promptly notify the agency once the lawyer knows or reasonably should know the material was inadvertently sent. Nothing in the rules bars the lawyer from reading it, sharing it with th…
What are an Ohio lawyer's duties when served with a subpoena duces tecum for a former client's entire file?
The lawyer must promptly notify the former client and seek informed consent before disclosing. If the client objects, or cannot be located, the lawyer must assert all reasonable claims to limit disclo…
Can lawyers who share an office but run separate practices share staff and divide fees, and how do they protect client information?
Yes. Lawyers in separate practices may share office space, equipment, and staff, and may divide fees under Prof.Cond.R. 1.5(e), but must segregate files, control access, and train staff to protect cli…
If a prospective client gave fabricated records to an agency, must the lawyer disclose the fraud, and does it matter whether the lawyer takes the case?
The opinion concludes that a lawyer should not represent a prospective client who gave fabricated records to an administrative agency unless the client agrees to correct them. If the client later fail…
Which settlement terms restricting a plaintiff's lawyer (no other clients, no solicitation, keep everything confidential, no disparagement) are allowed under Rule 5.6?
The opinion concluded that a lawyer may not offer or agree to direct or indirect restrictions on the lawyer's right to practice. Settlement terms requiring the lawyer to affirm having no other clients…
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…
Must a lawyer keep confidential what a prospective client said in a consultation even if the lawyer was never hired, and can the lawyer be an impeachment witness?
The opinion concluded that under Prof. Cond. R. 1.18 a lawyer owes a duty of confidentiality to a prospective client about information learned in a preliminary consultation, even if no representation …
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…
Must a lawyer report a former lawyer's misconduct learned while suing that lawyer for a client?
The opinion concluded that under Prof. Cond. R. 8.3 a lawyer must report another lawyer's misconduct when the lawyer has unprivileged knowledge of a violation that raises a question about the other la…
Can a public defender cross-examine a former client who is now a prosecution witness in an unrelated case?
The opinion concluded that a lawyer is not automatically barred from representing a client when an adverse witness is a former client in an unrelated matter, but cross-examining the former client abou…
Can an Ohio lawyer practice in more than one law firm at the same time?
The opinion concluded that a lawyer may practice in more than one firm at the same time if the practice otherwise complies with the Rules of Professional Conduct. A lawyer in simultaneous multiple-fir…
What does an Ohio lawyer have to do when a client takes a non-recourse litigation cash advance from a litigation-finance company?
The opinion concluded that Ohio lawyers may inform clients of non-recourse civil litigation advances offered by alternative litigation finance (ALF) providers and regulated by R.C. 1349.55. If a clien…
Can an Ohio lawyer outsource legal or support services to lawyers or nonlawyers, domestically or abroad, and what does the lawyer owe the client?
The opinion concluded that the Ohio Rules of Professional Conduct do not prohibit outsourcing legal or support services, directly or through a service provider, but require the lawyer to disclose the …
What does an Ohio lawyer do with money in a client trust account when the client cannot be found or identified?
The opinion concluded that when the identity or whereabouts of the owner of funds in an IOLTA or client trust account is unknown, the lawyer follows Ohio's unclaimed-funds statute (R.C. Chapter 169) a…
Does reporting another lawyer's misconduct to the judge satisfy a lawyer's duty to report under Rule 8.3?
The opinion concludes that informing a tribunal does not discharge the Rule 8.3 duty to report professional misconduct; the duty is met only by informing Disciplinary Counsel or a certified grievance …
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 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 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 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…
Must a criminal defense lawyer tell the court about a clerical error in the judgment that would let the defendant serve less time than the judge ordered?
The opinion concluded that a criminal defense attorney has a duty to notify the court of a clerical error in a judgment entry that would cause the defendant to serve a lesser sentence than ordered, be…
Can an Ohio lawyer email clients about confidential matters without encrypting the message?
The opinion concluded that a lawyer does not violate the duty to preserve confidences and secrets under DR 4-101 by communicating with clients through unencrypted email, because the risk of intercepti…
Can a lawyer state in an affidavit to disqualify a judge that the lawyer has filed a disciplinary grievance against that judge?
The opinion concluded that a lawyer may not state in an affidavit of disqualification that the lawyer filed a disciplinary grievance against the judge when the grievance has not been certified as a fo…
What must an Ohio lawyer do after a public records search turns up a memo that appears to be attorney-client privileged?
The opinion concluded that a lawyer who innocently obtains an inadvertently disclosed privileged memorandum through a public records search has no ethical duty to refrain from reading it or from telli…
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 a lawyer buy another attorney's client files and client lists?
The opinion concluded that it is improper under Ohio's Code of Professional Responsibility for a lawyer to purchase client files and client lists from another attorney, because the payment improperly …
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 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 a law firm hire a collection agency to chase down unpaid legal fees, and what client information can it share with the agency?
The opinion concluded that a law firm may use a collection agency to collect delinquent legal fees if it first confirms the fee is reasonable and not illegal, makes amicable collection attempts, and r…
Are the things a person tells a lawyer in a consultation protected even if the lawyer is never hired, and when can that lawyer be made to testify about them?
The opinion concluded that the confidences and secrets of someone who consults a lawyer about representation are protected by DR 4-101(B) even though the lawyer is not hired. But if that person later …
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…
Can a bar grievance committee tell a Lawyers' Assistance Committee the name of a lawyer under investigation for a substance abuse problem without breaching its oath of secrecy?
The Board concluded that grievance committee members may share information about a lawyer with a recognized Lawyers' Assistance Committee without violating their oath of secrecy under Gov. Bar R. V(43…
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 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…
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…
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 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 …
Does a local bar's grievance committee have to tell law-enforcement about criminal conduct it uncovers while investigating an attorney?
The opinion concluded that under EC 1-4 of the former Ohio Code of Professional Responsibility, a Certified Grievance Committee had a duty to notify law-enforcement authorities of criminal conduct dis…
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.