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 …
Does Ohio's mandatory fee arbitration rule apply to a fee dispute between a lawyer who left a firm and that lawyer's former firm?
No. Ohio's mandatory fee mediation or arbitration under Prof.Cond.R. 1.5(f) reaches only disputes between lawyers in different firms who agreed to divide fees under Rule 1.5(e). A departed lawyer's di…
Can an Ohio lawyer use a fee agreement that lets the lawyer choose, at settlement, whichever is larger between the hourly fee and a contingent percentage?
No. The Board concludes such an agreement is improper: it is largely illusory because the lawyer can collect the higher of two fees without bearing any real risk of no recovery, and it threatens the c…
Can an Ohio lawyer write a contingent fee agreement giving the lawyer a charging lien on a percentage of the highest settlement offer made before the lawyer is discharged?
No. The Board concludes such a lien improperly burdens the client's right to settle and to discharge counsel and can produce an excessive fee; the lawyer's recourse is a lien based on what the client …
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 law firm make an associate sign an agreement to pay the firm a percentage of fees earned after departure from clients who follow the associate?
The opinion concludes a law firm may not require an associate to sign an employment agreement that makes the departing associate pay the firm a percentage of fees earned thereafter from clients who ch…
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 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 …
Do solo lawyers who share office space but are not a firm have to follow the fee-splitting rules when they divide a fee?
The opinion concluded that lawyers who practice in association but are not in a partnership, of counsel, or other recognized firm relationship are not in the 'same firm' under Prof. Cond. R. 1.5(e), s…
Where must an Ohio lawyer deposit a flat fee paid in advance, and can it be nonrefundable?
The opinion concluded that a lawyer may charge a flat fee paid in advance, but under Prof. Cond. R. 1.15(c) must deposit it in an IOLTA/client trust account and withdraw it only as earned, unless the …
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 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…
Can a lawyer's contingent fee agreement give the lawyer a power of attorney to sign settlements, checks, and documents for the client?
The opinion concluded that a lawyer may not use a contingent fee agreement that grants the lawyer a broad power of attorney to take any action and execute all documents the lawyer deems necessary, inc…
If a personal injury lawyer hires an outside firm to resolve a client's health care liens, can the cost be billed as a litigation expense or only as part of the contingent fee?
The opinion concluded that the lawyer may use professional judgment to bill outsourced health care lien resolution either as part of the contingent fee or as a litigation expense; either way the 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 …
Can a lawyer accept client credit card payments, and which account do the charges go into under Ohio Rule 1.15?
The opinion concludes that a lawyer may accept credit card payments for earned fees, expense reimbursement, advances on unearned fees, and future expenses. Earned fees and reimbursements belong in the…
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 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 …
When lawyers in different firms split a fee based on assuming joint responsibility, does the client have to sign a written agreement?
The opinion concluded that when lawyers not in the same firm divide a fee under DR 2-107(A) based on assuming responsibility (rather than proportional work), each lawyer must assume responsibility thr…
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…
Can a lawyer join a church-paid group legal services plan that pays for members' trusts only if the trust leaves the church at least $20,000?
The opinion concluded that it is improper under DR 2-103(D) and DR 5-107(B) for a lawyer to participate in a church-funded estate-planning plan that pays for a member's self-trusteed revocable trust o…
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 a law firm take out a bank loan to advance litigation expenses in a contingent-fee personal injury case and deduct the loan interest from the client's recovery?
The opinion concluded that a law firm may obtain a third-party loan to advance the expenses of litigation in a contingent-fee personal injury matter and deduct the loan's interest and costs from the c…
Can an Ohio lawyer offer financial planning services through the law firm to estate and business clients, and charge a percentage of assets managed?
The opinion concluded that the former Ohio Code of Professional Responsibility did not prohibit an attorney from providing financial planning services through the law firm to business and estate plann…
Can an insurance defense lawyer follow the insurer's litigation management guidelines when those guidelines control legal research, staffing, discovery, or motions?
The opinion concluded that it is improper under DR 5-107(B) for an insurance defense attorney to abide by an insurer's litigation management guidelines when the guidelines directly interfere with the …
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 refer a client to a company that buys part of the client's money judgment for cash during an appeal, and can the lawyer take such funding too?
The opinion concluded that a lawyer may refer a judgment-holding client to a company that buys a minority interest in the judgment and advances cash during an appeal, if the lawyer determines the refe…
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 a lawyer agree to do all of a liability insurer's defense work for a fixed flat fee?
The opinion concluded that an attorney or firm may contract with a liability insurer to do its defense work for a fixed flat fee, but the fee must be reasonable and adequate, must not compromise indep…
Can lawyers run an ancillary business that negotiates other businesses' legal fees down with the lawyers those businesses already hired?
The opinion concluded that it is improper for attorneys to form an ancillary business that negotiates legal fees between a business client and its retained counsel, because the business would improper…
Can a lawyer's engagement letter require an individual client to arbitrate future fee, malpractice, or ethics-misconduct disputes?
The opinion concluded that an engagement letter with an individual client should not require the client to prospectively agree to arbitrate fee disputes, malpractice disputes, or ethical-misconduct di…
Can an Ohio criminal-defense lawyer charge a flat fee paid in advance, deposit it in the business account, and call it nonrefundable?
The opinion concluded that a lawyer may charge a criminal defendant a flat fee in advance; by agreement it may be deposited in the business account on receipt, but it must not be excessive, the client…
Can an Ohio lawyer use a fee agreement that lets the lawyer pick, after settlement, whichever is larger between the hourly fee and a one-third contingent fee?
The opinion concluded that a fee agreement letting the lawyer choose, after settlement, the larger of an hourly fee or a one-third contingent fee is improper under DR 2-106 because it is not based on …
Can an Ohio law firm charge an insurer a fixed flat fee for subrogation work based on the number of health-plan enrollees?
The opinion concluded that a law firm may charge an insurer or third-party administrator a fixed flat fee for subrogation work based on plan enrollment, provided the fee is reasonable and not excessiv…
Can an Ohio lawyer refer a client to a finance company if the lawyer agrees to give the company a percentage of the legal fee in exchange for the company lending the client money?
The opinion concluded that prospectively agreeing to pay a financing company a percentage of an earned legal fee in exchange for the company lending money to the client is improper fee-splitting under…
Can an Ohio law firm settle its suit against a former client for less than the litigation expenses the client owes?
The opinion concluded that a law firm may settle a suit against a former client for litigation expenses for less than the amount actually owed without violating DR 5-103(B), if the representation is c…
Can an Ohio lawyer confess judgment on a cognovit note, and can the creditor's attorney do it or be paid by the creditor?
The opinion concluded that a lawyer may confess judgment under a cognovit-note warrant of attorney at a creditor's request if the confession is lawful, that a creditor's own attorney may do so only wi…
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 lawyer have to return a former client's file on request, and can the lawyer hold the file for unpaid fees?
The opinion concluded that an attorney has an ethical duty to promptly deliver a former client's case files on request, including correspondence, investigatory materials the client paid for, pleadings…
Can a bar association require a lawyer to pay a percentage of fees from referred clients, and impose fee-arbitration and panel co-counsel conditions?
The opinion concluded that a bar association may require a lawyer to pay a percentage of fees earned from referred clients (treated as usual and reasonable dues under DR 2-103(B)) if conditions are me…
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…
Can an Ohio lawyer charge interest on a client's overdue bill, and can clients pay legal fees by credit card?
The opinion concluded that the Code does not prohibit charging interest on a client's delinquent account, but the lawyer should reach an agreement with the client, preferably in writing, on whether in…
Can an Ohio lawyer who is also a licensed real estate agent represent the same client as both lawyer and realtor, and how must the lawyer handle letterhead, fees, and office sharing?
The Board concluded that a lawyer should not concurrently serve one client as both lawyer and realtor, may not list a non-legal business like 'realtor' on legal letterhead or signage under DR 2-102(E)…
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…
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 …
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 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…
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…
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.