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 new judge accept outstanding fees from a former law firm, and must the judge recuse from cases where that firm appears?
The opinion concludes a judge may accept fees earned for legal services performed before taking office, but must recuse from cases in which the former firm appears while the judge is receiving or anti…
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 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 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 licensed in another state open an Ohio office to handle only federal matters, and how must the letterhead read?
The opinion concluded that an out-of-state lawyer admitted and in good standing elsewhere who is authorized to appear before a federal court or agency in Ohio may maintain an office or systematic and …
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…
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 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 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 …
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…
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…
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…
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 an Ohio lawyer be 'of counsel' to an out-of-state firm, or an out-of-state lawyer 'of counsel' to an Ohio firm?
The opinion concluded that an Ohio attorney in an Ohio firm may become 'of counsel' to a lawyer or firm in another state if the relationship does not violate that state's rules or laws, and an out-of-…
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 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 a retired lawyer be 'of counsel' to two different law firms at the same time, and what conflicts result?
The opinion concluded that a retired attorney may serve as 'of counsel' to two firms formed by former partners if the lawyer maintains a continuing, close, regular, and personal relationship with each…
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 …
After an Ohio lawyer goes on inactive registration status, can they keep their shares in a legal professional association and keep their name in the firm name?
The opinion concluded that an attorney granted inactive registration status may not continue to hold shares in a legal professional association and the association may not keep that attorney's name in…
Can an insurance company's salaried in-house lawyers pursue subrogation and include an insured's deductible, and can they operate under an 'in-house law firm' name?
The opinion concluded that salaried insurance in-house counsel may pursue subrogation and, with the insured's consent, include the insured's deductible, if they exercise independent judgment and make …
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 a part-time assistant county prosecutor share office space with a criminal defense lawyer and co-counsel civil cases with that lawyer?
The opinion concluded that an assistant prosecutor in part-time private practice may share office space with a criminal defense lawyer and co-counsel unrelated civil cases, provided they protect clien…
Can salaried insurance-company lawyers collect insureds' deductibles and operate under an in-house law firm name?
The opinion concluded that salaried insurance-company attorneys may pursue subrogation claims for the insurer but may not also attempt to collect insureds' deductibles, and may not operate an insuranc…
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…
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 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 someone licensed to practice law in another state but not in Ohio use 'Esq.' on business correspondence in Ohio?
The opinion concluded that it is misleading, under DR 2-101(A), for a person licensed to practice law in another state but employed in Ohio as a collections manager to use 'Esq.' after his or her name…
Can a law firm keep a retired or inactive attorney's name in the firm name, on its letterhead, or as of counsel?
The opinion concluded that a firm may keep a retiring attorney's name in a long-established firm name even after the attorney takes retired or inactive registration status, and may list a retired-stat…
Can an attorney not licensed in Ohio open an Ohio office limited to federal-court practice, and what must the letterhead say?
The opinion concluded that an attorney not admitted in Ohio who sets up an Ohio office for the practice of federal law engages in the unauthorized practice of law under DR 3-101(B), though it does not…
Can an Ohio lawyer practice under a trade name like 'Debt Relief Clinic,' use a multistate firm name, and send direct mail to people facing foreclosure?
The opinion concluded that 'Debt Relief Clinic' is a prohibited trade name and misleading name under DR 2-102(B), that practicing as 'X and Associates' with an out-of-state partner is proper under DR …
Can a retired partner who has gone on inactive status to skip CLE still be listed as an inactive partner of the firm and keep receiving retirement payments?
The opinion concluded that retiring partners who take inactive status under Gov.Bar R. VI(8) become exempt from CLE, but listing them as inactive partners in a directory is misleading because it impli…
Can an Ohio law firm and its lawyers agree to a non-competition covenant restricting a lawyer's right to practice after leaving the firm?
The Board concluded that DR 2-108(A) prohibits a lawyer from being party to a partnership or employment agreement that restricts the right to practice law after the relationship ends, except as a cond…
Can an Ohio lawyer sign letters on a client's own letterhead as 'special counsel' or 'of counsel' without being listed at the top of the letterhead?
The Board concluded that a lawyer who devotes substantial professional time to a client may appear on the client's letterhead and be designated 'general counsel' or by a similar reference under DR 2-1…
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 law firm call a retired attorney who merged in and became a salaried employee 'Senior Attorney' on the letterhead, and when is 'Of Counsel' proper?
The Board concluded that an associate or salaried partner may not be designated 'Of Counsel,' which requires a close, continuing, non-partner relationship, but that an older attorney who merged a prac…
Can a lawyer admitted only in another state be listed on an Ohio firm's letterhead and give advice to Ohio clients while waiting to take the Ohio bar exam?
The Board concluded that a lawyer admitted in another state may be listed on an Ohio firm's letterhead if the listing indicates the jurisdictional limitation, but may not give legal advice directly to…
Can lawyers who only share office space use a common letterhead if it carries a disclaimer that they are not partners?
The Board concluded that lawyers who share office space but are not partners should use separate letterheads, because a common letterhead implies a partnership or association in violation of DR 2-102(…
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 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…
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…
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 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…
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…
Could a lawyer keep a family member's name on the firm letterhead after that person became a judge, when the two had never actually practiced together?
The Board concluded that a lawyer could not keep on the firm letterhead the name of a person who had become a judge and was not actively and regularly practicing law for the firm, citing former DR 2-1…
Under the former Ohio Code of Professional Responsibility, could a lawyer indicate on stationery that he had been certified as a Civil Trial Advocate by the National Board of Trial Advocacy?
The Board concluded that a lawyer could not indicate on letterhead that he was certified as a Civil Trial Advocate by the National Board of Trial Advocacy, because under former DR 2-105(A) and EC 2-13…
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.