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 an Ohio lawyer take a mortgage on a client's home to secure payment of legal fees?
Yes. A lawyer may secure unpaid fees with a mortgage on a client's real property, but only if the arrangement satisfies Prof.Cond.R. 1.8(a): fair and reasonable terms, written notice of the chance to …
Must an Ohio judge recuse when a party's lawyer is also representing the judge in another matter?
Yes, absent a waiver. A judge must recuse from a case where a party is represented by a lawyer who is concurrently representing the judge in another matter, whether personal or official; the duty does…
Can a lawyer serving as both a child's attorney and guardian ad litem contact a represented party without that party's lawyer's consent?
No, not about the subject of the representation. The dual-role lawyer is bound by the no-contact rule, except to communicate as authorized by law or court order, or solely to arrange contact with the …
Can a corporation's in-house lawyer privately represent the company's customers in legal matters related to the company's services?
In most circumstances the lawyer should avoid it. The dual representation creates a material-limitation conflict and risks fee-sharing with a nonlawyer and assisting the corporation in the unauthorize…
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 a lawyer for the tortfeasor prepare the probate application to settle an unrepresented minor's injury claim?
Yes, with disclosures. The lawyer may prepare and file the application, but must tell the minor and parents in writing that the lawyer represents the tortfeasor, does not represent them, and that they…
Can a Child Support Enforcement Agency staff attorney represent the state in a CSEA matter the same attorney decided as an administrative hearing officer?
Not without informed consent confirmed in writing from all parties, because the attorney participated personally and substantially as an adjudicative officer; other law may bar it even with consent. T…
Must an Ohio judge recuse when a lawyer employed by, associated with, or in partnership with the judge's spouse appears before the judge?
Not automatically. Disqualification depends case-by-case on whether the judge's impartiality might reasonably be questioned and whether the spouse has more than a de minimis interest that could be sub…
When does a personal relationship with opposing counsel, such as a spouse, partner, or friend, require disclosure and client consent?
Spouses and those in marriage-equivalent intimate relationships cannot oppose each other without informed written consent, and a close friendship with opposing counsel requires disclosure and consent;…
If a former public defender becomes the county prosecutor, can the office prosecute the defender's old cases?
Only with case-by-case analysis: the prosecutor is personally disqualified, absent informed written consent, on matters where he or she represented the defendant or obtained protected client informati…
Can a county prosecutor appear before a part-time judge who employs one of the prosecutor's assistants in private practice?
Yes. The part-time assistant prosecutor may not appear before the judge who employs the assistant's firm, and that conflict cannot be waived, but it is not imputed to the elected county prosecutor, wh…
Can a law firm borrow money from a bank to advance litigation costs in a contingent-fee case and charge the loan interest back to the client's recovery?
The opinion concludes a law firm may obtain a bank loan to advance litigation costs in a contingent-fee personal injury matter and deduct the loan's interest, fees, and costs from the client's settlem…
Can a municipal judge serve on the board of a nonprofit that provides services to the judge's court under a grant contract with the court's funding authority?
The opinion concludes a judge may not serve as a member or officer of a nonprofit board when the nonprofit provides services to the court under a contract with the court's funding authority. The Ohio …
Can a law firm represent two directly adverse clients in the same transaction by screening separate teams of lawyers and getting both clients' written consent?
The opinion concludes it cannot. Concurrent representation of directly adverse clients in the same transaction creates both a direct adversity and a material limitation conflict, and a firm cannot avo…
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 lawyer offer financial planning services and sell financial products like annuities to law firm clients, and how can the lawyer charge for that?
The opinion concludes a lawyer may provide financial planning through a law firm on a fixed, flat, or hourly fee, with all services then subject to the Rules of Professional Conduct. A lawyer may not …
Can a law firm that represents a public board on general matters also represent landowners opposing a zoning variance sought by an agency the board funds and supports?
The opinion concludes that, on these facts, no direct adversity conflict exists because the board is not a party to the zoning matter, but a material limitation conflict does exist: the firm's duty of…
Can a lawyer prepare a different deed at the direction of the client's real estate agent instead of the deed the sale contract requires?
The opinion concludes that a lawyer should not draft a deed different from the one the executed contract requires, at the agent's direction and without the client's consent, if the change would affect…
Can a former magistrate who is now a private lawyer represent a party in a post-decree matter from a divorce the magistrate handled?
The opinion concludes that, absent informed written consent from all parties, a former magistrate may not represent a person in post-decree matters arising from a divorce or dissolution in which the m…
Can a lawyer accept a fee from a financial services company for referring clients to it for investment or financial products?
The opinion concludes that a lawyer may not accept a referral fee from a financial services group for referring clients. The arrangement gives the lawyer a pecuniary interest adverse to the client and…
Can a county prosecutor's office prosecute a juvenile while also representing the county child-services agency in a case involving the same child?
The opinion concludes the State of Ohio is a client of the prosecutor's office, so a conflict arises when the office seeks different outcomes for the state and for job and family services in matters i…
Does a lawyer have to report a criminal defense lawyer who practices in the same firm as the county prosecutor?
The opinion concludes there is a duty to report only when the lawyer has actual, unprivileged knowledge that the defense lawyer is acting contrary to law, namely by taking court appointments (barred b…
Can a part-time city law director, or other lawyers in the director's private firm, represent private clients in matters before the director's municipality?
The opinion concludes that a part-time law director may not represent private clients in matters related to the employing municipality, and should not seek the municipality's consent to do so. The dir…
Can a lawyer who represents employees take on the employer as a client in unrelated matters, drop a client to do so, or later sue a former client?
The opinion concluded that, absent informed written consent, a lawyer may not represent an adverse party (an employer) in unrelated matters while representing current clients with claims pending again…
Can an Ohio court set up and fund a self-help clinic staffed by appointed lawyers for self-represented litigants, and what duties do those lawyers owe?
The opinion concluded that a court may establish and fund a self-help center and appoint and compensate lawyers to give limited scope assistance to self-represented litigants, as long as the court kee…
Can a court hire someone who also works for a nonprofit treatment center under contract with the court, and can court staff fundraise for that nonprofit?
The opinion concluded that, under the Ohio Ethics Law, a court may not employ a person simultaneously employed by a nonprofit drug treatment center that contracts with the court, unless a statutory ex…
Can a criminal defense lawyer represent a defendant when the lawyer's spouse is a police officer or detective at the arresting agency?
The opinion concluded that a lawyer is not categorically barred from defending a criminal client when the lawyer's spouse is an officer or detective at the arresting or investigating agency who is not…
Are a law-clinic intern's client conflicts imputed to the law firm where the intern also works as a clerk?
The opinion concluded that a law student with a Gov. Bar R. II legal intern certificate is engaged in the limited practice of law and bound by the Rules, so conflicts from the intern's current or form…
Can one law firm be designated 'of counsel' to another law firm in Ohio?
The opinion concluded that a law firm (not just an individual lawyer) may enter an 'of counsel' relationship with another law firm, provided both firms comply with the Rules of Professional Conduct. T…
Does a creditor's lawyer who confesses judgment on a cognovit note have a conflict of interest with the debtor?
The opinion concluded that it is proper for a lawyer to sign an answer confessing judgment against a debtor under a warrant of attorney in a cognovit note when a creditor asks, as long as the confessi…
Can lawyers in a part-time county prosecutor's law firm take criminal defense cases against the state?
The opinion concluded that a part-time county prosecutor cannot represent criminal defendants prosecuted on behalf of the state (or a municipality the prosecutor is authorized to prosecute for), becau…
Does an Ohio judge have to step aside from a case when one of the lawyers is working on the judge's election campaign?
The opinion concluded that a lawyer's mere participation in a judge's current election campaign does not require the judge to disqualify, but disqualification is warranted for at least the campaign fu…
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…
Can a plaintiff's lawyer personally agree, as a settlement condition, to indemnify the defendant against third-party claims to the settlement money, and can a defense lawyer demand it?
The opinion concluded that it is improper for a plaintiff's lawyer to personally agree, as a condition of settlement, to indemnify the opposing party against any and all third-person claims to the set…
Are state public defenders in the central appellate office and the trial branch offices one 'firm' for imputing conflicts, and can an appellate defender argue another defender was ineffective at trial?
The opinion concluded that, given the State Public Defender's structure (a central appellate office and separate trial branch offices in different counties, with separate databases), the appellate and…
Can a lawyer settling a malpractice claim require the client to withdraw a disciplinary grievance or promise not to file one?
The opinion concluded that it is improper for a lawyer to require a current or former client to withdraw a disciplinary grievance or to refrain from filing one as part of settling a malpractice claim;…
After mediating a divorce, can the lawyer-mediator draft the petitions and decree for the parties to file?
The opinion concluded that after a domestic relations mediation, a lawyer-mediator may not, under Prof. Cond. R. 1.7(c)(2), prepare the legal documents for both parties, but may prepare them for one p…
Can a county prosecutor represent two county officials or entities at once when they disagree, or when one sues the other?
The opinion concluded that a county prosecuting attorney may represent multiple statutory clients in negotiating a contract or memorandum of understanding unless a Rule 1.7(a) conflict exists that can…
Can a city law director who has no duty to prosecute state-law crimes still defend criminal cases?
The opinion modified Opinion 2008-5 to hold that a city law director, assistant, or village solicitor who has no legal duty to represent the state may represent criminal defendants if no city police o…
Can a lawyer whose law partner is a city law director represent criminal defendants?
The opinion concluded that a city law director or assistant city director, having prosecutorial duties for the state, could not represent criminal defendants where the state is plaintiff; a firm colle…
Can lawyers in the same county public defender's office represent co-defendants, even at a preliminary hearing or in unrelated cases?
The opinion concluded that an assistant county public defender should not represent co-defendants at a felony preliminary hearing, or one co-defendant in a felony while representing the other in an un…
Can a lawyer who sits on a company's board, but is not its counsel, or anyone in that lawyer's firm, sue the company for a client?
The opinion concluded that a lawyer who sits on a corporation's board but is not its counsel has a Rule 1.7(a)(2) material-limitation conflict barring the lawyer from representing a client suing that …
What makes an 'of counsel' designation proper, and how does it affect firm names, fee division, and conflicts of interest?
The opinion concluded that a lawyer may be 'of counsel' to a firm only where there is a continuing, close, regular, and personal relationship that is more than a partner/associate role, a mere forward…
When a city, its officials, or its agencies conflict, can the city law director represent them through different assistant law directors?
The opinion concludes that a city law director must apply Rules 1.11 and 1.7 to each situation. Where a conflict can be cured under Rule 1.7(b), different screened assistant law directors may represen…
May a judge sit on the board of a nonprofit that contracts with the court and whose services defendants use to satisfy probation?
The opinion concluded that under the Ohio Code of Judicial Conduct (Canons 1 and 2(B)(1)) and Ohio Ethics Law (R.C. 2921.42(A)(4) and 102.03), a municipal court judge may not serve on the board of a n…
Can a child-support agency staff attorney represent the state in a matter where the same lawyer earlier issued the administrative order as the agency's hearing officer?
The opinion concluded that a CSEA staff attorney may not represent the state in any action (including a contempt action) involving a matter in which that same attorney, acting as the agency's administ…
Does the no-contact rule bar a lawyer who serves as both a child's attorney and guardian ad litem from contacting represented parties?
The opinion concluded that DR 7-104(A)(1)'s anti-contact rule applied to an attorney appointed to the dual role of a child's attorney and guardian ad litem, so the attorney could not communicate on th…
Can a retired judge who practices law also serve as a private judge under R.C. 2701.10?
The opinion concluded that, absent an express ethical or statutory restriction, a retired judge who practices law may also serve as a private judge under R.C. 2701.10, but to avoid an appearance of im…
Can a former magistrate, now in private practice, represent someone in post-decree matters from a divorce the magistrate heard?
The opinion concluded that under DR 9-101(A) it is improper for a former magistrate, now practicing law, to represent a person in post-decree matters (such as custody, parenting time, child support, o…
In a county with more than one county court judge, can the law partners of a part-time judge appear before another county court judge?
The opinion concluded that in counties having more than one county court judge, it is proper for the law partners and associates of a county court judge to appear in county court before another county…
Can a part-time municipal court judge appoint their own son or daughter to serve as acting judge during a vacation?
The opinion concluded that it is improper under both the Ohio Code of Judicial Conduct and Ohio Ethics Law for a part-time municipal court judge to appoint a son or daughter as acting judge; the appoi…
Can a lawyer set up a mutual client-referral arrangement with a chiropractor?
The opinion concluded that an attorney may send a chiropractor a letter asking to meet about the attorney's services, but may not enter a mutual referral agreement, reward or compensate the chiropract…
Can a lawyer take a mortgage on a client's home to secure payment of a legal fee?
The opinion concluded that a lawyer may take a mortgage on a client's home to secure a legal fee as a business transaction under DR 5-104(A), requiring full disclosure and client consent; if the home …
Can a lawyer sell or assign a settlement legal fee to a funding company for immediate cash at a discount?
The opinion concluded that it is improper for an attorney, upon reaching a settlement, to sell or assign the legal fee to a funding company for immediate cash at a discount, because it is an improper …
Can a lawyer who represents criminal defendants also serve as a special prosecutor in the same court?
The opinion concluded that a judge may appoint an attorney as a special prosecutor in the same county and even the same court where the attorney represents criminal defendants, if the appointment is o…
Can a law director try a case in which another lawyer from the same law director's office will testify for the city?
The opinion concluded that it is improper for a law director or assistant law director to act as advocate in a trial in which another attorney from the same office will testify for the city, unless a …
Are the head and staff of a community-based correctional facility judicial officers or employees for purposes of Ohio Ethics Law?
The opinion concluded that the President/CEO and employees of Oriana House, which operates the Summit County community-based correctional facility, are not judicial officers, judicial employees, agent…
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 a law firm help a client buy or sell a business, charge a percentage of the deal, and take a referral fee from a lender or broker?
The opinion concluded that a firm may help its seller-client (or buyer-client) locate the other side and charge a percentage fee with full disclosure and written informed consent, but may not share th…
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.