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.
No Ohio Board of Professional Conduct opinions match these filters
Try a different search term or clear the filters.
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…
Could an Ohio lawyer advise or represent a state-licensed medical marijuana business, or use medical marijuana, when it remained a federal crime?
The opinion concluded that, under Prof. Cond. R. 1.2(d) as it then stood, an Ohio lawyer could not provide the legal services needed to establish or operate a state-regulated medical marijuana enterpr…
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…
When must a lawyer hold settlement funds because a third party, such as a medical lienholder, claims them under Rule 1.15?
The opinion concluded that a lawyer's safekeeping duty under Rule 1.15 runs to third persons as well as clients, but only a lawful, non-frivolous claim to specific funds that the lawyer actually knows…
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 judge appoint a relative to represent indigent criminal defendants?
The opinion concluded that a judge may not appoint an attorney related within the third degree of consanguinity to the judge or spouse to represent indigent defendants, because it is nepotism under Ca…
Can an Ohio judge appoint a lawyer who is employed by the judge's adult child, and must the judge then recuse?
The opinion concluded that a probate or juvenile judge may appoint an attorney who works as an associate for the judge's son if the appointment is merit-based and the son is not entitled to a share of…
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 court referees and magistrates solicit financial support from law firms for their association's educational conference?
The opinion concluded that it is improper under Ohio Ethics Law (R.C. 102.03(D) and (E)), Canon 2B, DR 8-101(A)(3), and Canon 5B(3) for referees and magistrates to solicit or accept low registration f…
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 judge sign a candidate's nominating petition or introduce a partisan candidate at a political dinner?
The opinion concluded that an incumbent judge may sign nominating petitions or declarations of candidacy for judicial and partisan candidates, and may attend a political dinner and be introduced as a …
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 criminal defense lawyer own part of a company that provides court-ordered house arrest monitoring?
The opinion concluded that an attorney whose practice emphasizes criminal defense may acquire an ownership interest in a company that sells and provides house arrest programs to courts, but because th…
Can an Ohio judge who serves as executor or administrator of a family member's estate also prepare and file the probate documents?
The opinion concluded that a judge serving as administrator or executor for a family member's estate should not prepare and file the probate documents, because preparing and filing those documents is …
Does a judge have to step aside from a case where a bank is a party if the judge owns a small amount of that bank's stock in a retirement plan?
The opinion concluded that a judge's ownership of bank stock is a financial interest requiring disqualification under Canon 3 C(1)(c) when the bank is a party, even where the stock is held in a retire…
Must a judge step aside when a doctor or counselor who treats the judge or the judge's spouse testifies as a significant witness?
The opinion concluded that disqualification is not automatically required when a health care professional who treats the judge or the judge's spouse appears as a significant witness, but a judge shoul…
Can a sitting judge be a partner in a for-profit business that provides continuing legal education, and can a judge teach for pay?
The opinion concluded that a judge may not be a partner in a for-profit partnership providing continuing legal education, because Canon 5 C(2) bars a judge from serving as an officer, director, manage…
Can a lawyer who advises a trust grantor be paid part of his fee directly by the bank serving as trustee?
The Board concluded that a lawyer may represent a trust grantor and receive a portion of his fee from the third-party trustee bank only after the client knows the entire arrangement and consents, with…
Can an Ohio lawyer send targeted direct mail letters soliciting people known to need legal services, such as those charged with a crime?
The Board concluded that, in light of Shapero v. Kentucky Bar Association, a lawyer may use a targeted direct mail campaign to solicit clients known to need legal services, provided the letters are tr…
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…
Can a relator amend a formal attorney-discipline complaint before the hearing without taking the new counts back to a probable cause panel?
The Board concluded that a formal complaint before it may be amended by the relator before a hearing, by motion to the hearing panel, without presenting the additional counts to a probable cause panel…
Must a probate judge disqualify from an uncontested estate when one of the lawyers is related to the judge within the third degree?
The Board concluded that under Canon 3C(1)(d)(ii) a judge must disqualify when a lawyer in the proceeding is related to the judge or the judge's spouse within the third degree, and that a probate judg…
Can an Ohio judge serve as a trustee of a charitable foundation that funds law school scholarships, and what limits apply to fund-raising and use of the judge's name?
The Board concluded that a judge may serve as a trustee of a charitable scholarship foundation if it would not ordinarily come before the judge, may be listed among the trustees without selective emph…
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 a part-time judge pro tempore serve as an officer or board member of a political party organization in Ohio?
The Board concluded that Canon 7(A)(1)(a) bars a judge, a judge pro tempore, or a judicial candidate from acting as a leader or holding office in a political organization, and that a judge pro tempore…
Can an Ohio judge ask the local bar association to help with a program without creating an appearance of impropriety?
The Board concluded that a judge may suggest or encourage a local bar association to become involved in a program relating to the law, the legal system, or the administration of justice, but a judge m…
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 an Ohio lawyer use a telemarketing program that cold-calls people to find clients?
The Board concluded that telemarketing is an intrusive form of solicitation for pecuniary gain that creates the potential for overreaching, invades privacy, and pressures the recipient for an immediat…
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 Ohio lawyers take part in a group TV ad that routes injury calls to the lawyer who paid for a geographic area?
The Board concluded that the Code contains no specific provision barring Ohio lawyers from group legal advertising, so lawyers may participate in a television campaign that routes calls to the attorne…
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 judge serve as trustee of a court-created trust fund that resolves asbestos injury claims against a bankrupt manufacturer?
The Board concluded that Canon 4C does not prohibit a judge from serving as trustee of a claimants' fund created by an out-of-state bankruptcy court to resolve asbestos claims, since the alternative d…
Can a judge be paid for writing newspaper articles on legal topics?
The Board concluded that under Canon 4A a judge may write articles on the law, the legal system, and the administration of justice, and under Canon 6 may receive reasonable compensation as long as the…
Can the spouse of a county court judge serve as a common pleas judge in the same county?
The Board concluded that nothing in the Code of Judicial Conduct prevents spouses from both serving in a judicial capacity, so the spouse of a county court judge may serve as a common pleas judge in t…
Must a judge disqualify in cases involving the police department that employs the judge's spouse?
The Board concluded that a judge must disqualify when the judge's police-officer spouse is likely to be a material witness in a proceeding (Canon 3C(1)(d)(iv)), subject to remittal under Canon 3D, but…
Who handles a lawyer's client files when the lawyer dies, resigns, is suspended, or disappears, and can those files ever be destroyed?
The Board concluded that, under Gov. Bar R. V §22, the Office of Disciplinary Counsel or a local bar's certified grievance committee chairman may appoint an attorney to protect a lawyer's clients when…
Must a new judge give up shares in the law firm or legal professional association the judge came from, even if the shares earn no income?
The Board concluded that a judge who keeps any interest in a former legal professional association, even through a trust producing no income, creates the appearance of impropriety and risks frequent d…
What may a judicial candidate's campaign advertising say about titles, an opponent, shared ads, criticism, and fundraising?
The Board set guidelines under Canon 7: a non-incumbent should not use the title 'judge' without showing it is for a different court, must include an opponent's title, and should place 'for judge' aft…
Must a judge disqualify when the lawyer in the case is the judge's brother-in-law, and can the parties waive it?
The Board concluded that a judge must disqualify from any proceeding in which a person within the third degree of relationship appears as a party or lawyer, which includes a spouse's brother, but may …
Can a law firm offer discounted legal services to members of a teachers' association through a group legal service plan?
The Board concluded that a law firm may participate in a legal service plan offering a free consultation and discounted fees to members of teachers' associations under DR 2-103(D)(4), and may write ne…
Can a lawyer be listed in the phone book under a 'Fields of Practice' heading, and can the listing say the lawyer specializes in an area?
The Board concluded that a lawyer may be listed in a telephone directory under an 'Attorneys-Fields of Practice' heading and may state that the practice is limited to or consists in large part of a fi…
Is it nepotism for a court to keep a long-time employee who married the court's judge, or for a judge to appoint the qualified spouse of a current court employee?
The Board concluded that retaining a long-term court employee who is now married to the judge of that court may create the appearance of impropriety but is not per se nepotism under Canon 3B(4), and t…
Can a retired judge who is not eligible for recall to the bench endorse candidates and take part in political campaigns?
The Board concluded that a retired judge who is not eligible for recall to judicial service is not governed by the Code of Judicial Conduct and therefore may endorse or participate in the campaign of …
Can a lawyer pay to be listed in a 'Talking Yellow Pages' service that gives callers attorney names by random computer selection?
The Board concluded that a lawyer could advertise in the Talking Yellow Pages, because under DR 2-101(B)'s catchall it was a permitted form of advertising and, since the service did not recommend or e…
Can a law firm send newsletters to companies and individuals who are not current clients?
The Board concluded that a law firm may send newsletters to non-clients, provided the newsletters contain no false, fraudulent, misleading, or deceptive statements or claims, because newsletters are a…
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 write to adoption organizations asking them to refer prospective clients, offering discounted fees for adoptions of 'special children'?
The Board concluded that a lawyer could not send letters to adoption groups seeking their referral of clients, because former DR 2-103(C) barred requesting a person or organization to recommend the la…
Under the former Ohio Code of Judicial Conduct, could a sitting judge be a partner or shareholder in a business that consulted, for pay, candidates running for elective office?
The Board concluded that a judge should not engage in the business of consulting candidates for political office. Canon 5C(2) barred a judge from serving as an officer, director, manager, advisor, or …
Could an acting judge appointed by a municipal court judge hear cases in which the appointing judge's son appeared as a lawyer for one of the parties?
The Board concluded that an acting judge appointed by a municipal court judge should disqualify from any proceeding in which the acting judge's impartiality might reasonably be questioned, including c…
Could an Ohio lawyer be listed in a legal directory or law list, and could that listing describe the lawyer as a specialist?
The Board concluded that a lawyer could ethically be listed in a legal directory or law list, treated as a form of advertising under former DR 2-101, so long as the listing was not false, fraudulent, …
Could a law firm periodically send newsletters on general points of law to its established clients?
The Board concluded that a law firm could ethically send newsletters on general points of law to its established clients, so long as the newsletters contained no false, fraudulent, misleading, or dece…
Could a municipal court judge serve as a trustee of a retirement plan for the lay employees of a local Catholic Diocese?
The Board concluded that a municipal court judge could serve as a trustee of a retirement plan for the lay employees of a local Catholic Diocese, because former Canon 5B permitted a judge to serve as …
Did an 'acting judge' under Ohio Rev. Code 1901.10(A) have to comply with the Code of Judicial Conduct, and could that person later act as a lawyer in a case heard while serving as acting judge?
The Board concluded that an acting judge had to comply with the Code of Judicial Conduct while serving as judge, except for certain enumerated Canons (5C(2), (3), D, E, F, G, and 6C), and that one who…
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 send a professional announcement card about a new firm association to commercial banks, savings and loans, and realtors with whom the lawyer had no specific prior contacts?
The Board concluded that under former DR 2-102(A)(2) and DR 2-105(A)(5), a lawyer could send a brief professional announcement card stating a new or changed association to banks, savings and loans, an…
Under the former Ohio Code of Professional Responsibility, could a lawyer become a member of the local Better Business Bureau if the BBB referred inquiries and complaints about lawyers to the local bar association?
The Board concluded that a lawyer could join the BBB provided the BBB continued its practice of forwarding inquiries and complaints regarding lawyers to a local bar association, because former DR 2-10…
Under the former Ohio Code of Professional Responsibility, could a lawyer or law firm advertise a legal seminar by direct mail to a targeted group and then conduct the seminar, and could the seminar be sponsored by the firm itself without bar association co-sponsorship?
The Board concluded that under former DR 2-101 and DR 2-104, a lawyer or law firm could promote a legal seminar through direct-mail advertising to targeted groups (such as members of a CPA society) pr…
Under the former Ohio Code of Professional Responsibility, could a lawyer send a written announcement to other lawyers offering to act as an associate or consultant in a particular branch of the law, and could the announcement promise a follow-up call?
The Board concluded that a lawyer could announce availability to other lawyers to act as a consultant or associate in a particular branch of law under former DR 2-105(A)(3), provided the announcement …
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.