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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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 …
Could an Ohio judicial candidate say 'Democratic Party Endorsed' or 'Republican Party Endorsed' on campaign billboards and yard signs?
The opinion concluded that throughout a campaign a judicial candidate could truthfully state in person or in advertising that he or she was endorsed by or a nominee of a political party, provided the …
Can a newly appointed magistrate keep serving out a term as an elected city council member?
The opinion concluded that it was improper under the Ohio Code of Judicial Conduct for a newly appointed full-time or part-time domestic relations magistrate to continue serving out a term as an elect…
Can a law firm employ a disbarred or suspended lawyer, and what work can that person do?
The opinion concluded that a lawyer or firm may employ a disbarred, resigned-with-discipline-pending, or suspended attorney only under the conditions of Gov. Bar R. V(8)(G) and (H): the firm must regi…
Can a new judge keep collecting accounts receivable and retirement benefits from a former law firm, and what disqualification follows?
The opinion concluded that a new judge may receive accounts receivable for legal work done before taking office and retirement benefits under a firm agreement, but must disqualify from any case in whi…
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…
Which current and former employees of a represented corporation can an opposing lawyer contact without corporate counsel's consent?
The opinion concluded that counsel adverse to a corporation may, despite a blanket-representation assertion by corporate counsel, contact certain employees: DR 7-104(A)(1) bars contact with current em…
Can a judge ask local businesses to donate items used as rewards for defendants in a mental health court?
The opinion concluded that under Canon 1, 2, and 3(C)(1) a municipal court judge may not prepare and sign a letter asking local businesses to donate small items for use as rewards and incentives for m…
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 …
If a magistrate runs for judge and uses the title 'magistrate' in campaign materials, what must the materials say?
The opinion concluded that a magistrate running for judge who uses the title 'magistrate' in campaign materials must identify the court and division served; on signs or billboards, wording like 'Magis…
Can a magistrate serve on a board of education or county commissioners, or as a condominium association trustee?
The opinion concluded that under Canon 7(B)(4) a full- or part-time magistrate may not serve on, or run for, a board of education or a board of county commissioners (prospectively), but may serve unde…
Can a common pleas judge serve on the judicial corrections board of a community-based correctional facility?
The opinion concluded that under Canon 4(C)(2), Canon 2(B), and Canon 2(A) of the Ohio Code of Judicial Conduct, common pleas court judges should not serve on judicial corrections boards for community…
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 …
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 magistrate campaign for the judge who appointed them, or solicit campaign funds for that judge's re-election?
The opinion concluded that under Canon 7(B)(2)(b) a magistrate may not engage in campaign activities (door-to-door canvassing, distributing literature, yard signs, phone banks) or solicit or receive c…
Can a lawyer transfer shares in a legal professional association to an irrevocable trust for nonlawyer beneficiaries if the trustee is a lawyer?
The opinion concluded that it is improper under DR 5-107(C)(1), Gov. Bar R. III section 3(B), and DR 3-102(A) for an attorney to transfer shares in a legal professional association to an irrevocable t…
Can a lawyer donate legal services to be auctioned or raffled as a prize at a charity fundraiser?
The opinion concluded that a lawyer should not donate legal services to be auctioned or used as a prize drawing at a charitable fundraiser, because the donation gives a thing of value that secures emp…
Can a paralegal take a deposition, and when can an out-of-state attorney take a deposition in Ohio?
The opinion concluded that it is improper under DR 3-101(A) for an attorney to delegate the taking of a deposition to a paralegal, because doing so assists the unauthorized practice of law; an out-of-…
Can a law firm pay a real estate agency an annual fee and offer the agency's customers discounted legal services in exchange for the agency promoting the firm?
The opinion concluded that it is improper for a law firm to pay an annual fee to a real estate agency and offer discounted legal services to the agency's customers in exchange for the agency promoting…
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 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 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 Ohio lawyer take a fee from a financial services company for referring clients who need financial services?
The opinion concluded that it is ethically improper for a lawyer to accept a fee from a financial services group for referring clients in need of financial services, because the arrangement is an impr…
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 advertise 'no fee unless you win' for contingent-fee cases without saying anything about costs?
The opinion concluded that 'no charge unless we win' or 'you pay us only when we win' phrases improperly imply litigation costs nothing on a loss, and that 'no fee without recovery' style ads are impr…
Can a judge or magistrate sit on a political party's executive committee or on a county board of elections?
The opinion concluded that it is improper under Canon 7(B)(2) for a full-time or part-time judge, a magistrate, or a judge pro tempore to serve on a state or county political-party executive committee…
When a lawyer leaves a firm, how can the lawyer and the firm notify clients and handle the client files?
The opinion concluded that a departing lawyer may tell clients of the departure, the new location, and a willingness to keep serving them, and the firm may tell clients of the departure and its wish t…
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…
Is it ethical for a lawyer to secretly record conversations with clients, witnesses, opposing counsel, or others during a representation?
The opinion concluded that an attorney should not make surreptitious recordings of conversations during legal representation without notice or consent; such recording may violate the dishonesty rule u…
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 …
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 a magistrate running for judge use the title 'magistrate' and wear a judicial robe in campaign advertisements?
The opinion concluded that a magistrate who is a judicial candidate may truthfully use the title 'magistrate' (and must identify the court division served), but may not wear a judicial robe in a campa…
Can a judge or judicial candidate use judicial campaign funds to buy a ticket to another candidate's fundraiser?
The opinion concluded that buying a ticket to another candidate's fund raiser is a contribution to that candidate, not a campaign expenditure, so a judge or judicial candidate could not use judicial c…
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 the insurer's lawyer prepare the guardianship and settlement-approval papers for an unrepresented injured minor and present them to the court?
The opinion concluded that the tortfeasor's insurer's lawyer may prepare the guardianship-appointment and settlement-approval applications for an unrepresented minor and appear for court approval, if …
If an Ohio lawyer promised a doctor to pay medical bills out of a settlement, can the lawyer follow the client's later instruction to pay all the funds to the client instead?
The opinion concluded that a lawyer may not pay all settlement funds to a client when the lawyer, with the client's consent, had promised a physician to pay medical expenses from the proceeds; the law…
Can an Ohio judge be paid for teaching CLE courses or for giving motivational speeches?
The opinion concluded that a judge may accept compensation for teaching CLE courses under both the Code of Judicial Conduct and Ohio Ethics Law, but that compensation for motivational speeches, while …
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 lawyer pay a non-profit organization (other than a bar association) a percentage of the legal fee earned from a client it referred?
The opinion concluded that paying a non-profit organization other than a bar association a percentage of the legal fee from a referred client is improper, as it is not a usual and reasonable fee under…
Can an Ohio judge write letters of recommendation for law school applicants, the judge's law clerks, or candidates for a federal judgeship?
The opinion concluded that a judge may recommend a law school applicant, a law clerk seeking attorney employment, or an individual seeking a federal judgeship when the judge has firsthand knowledge of…
Must a new Ohio judge recuse from cases argued by a former law partner while still collecting the old firm's accounts receivable?
The opinion concluded that a newly elected judge should disqualify from cases advocated by a former law partner while receiving income from the former partnership's accounts receivable; no fixed time …
After Ohio banned honorariums for public officials, can a judge still accept pay for teaching a law-related college course?
The opinion concluded that compensated teaching of a law-related college or university course is not a banned 'honorarium' under R.C. 102.03(H) because teaching is not the same as a speech, so a judge…
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 Ohio lawyers own an ancillary business offering law-related services, and what must they disclose to its customers?
The opinion concluded that lawyers may own an ancillary law-related business if it commits no unauthorized practice and they follow the Code, may not condition the business's services on the customer …
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 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…
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 spouses serve as opposing prosecutor and defense counsel in Ohio, and what about their firm colleagues?
The opinion concluded that an assistant prosecutor and a criminal defense lawyer who are spouses may not oppose each other without disclosure and consent, and that the defense lawyer's partners and as…
Could an Ohio lawyer list under 'Areas of Practice' or run a display ad in the phone book's classified section?
The opinion concluded that under DR 2-101(B)(2) as amended January 1, 1993, a lawyer could not list under a classified heading 'Areas of Practice' (except patent, trademark, or admiralty practitioners…
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 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 company's in-house lawyer separately, privately represent the company's customers on related legal matters?
The opinion concluded that a corporation's lawyer may not provide private legal representation to the corporation's clients on matters related to the corporation's work, because making corporate couns…
Can a referee running for judge use the title 'referee' or 'senior referee' in campaign ads?
The opinion concluded that a sitting referee running for judicial office may use the title 'referee' or 'senior referee' in a campaign advertisement, but the ad must identify both the court where the …
Does an Ohio judge have to recuse when a lawyer who chairs the judge's campaign committee appears before the judge?
The opinion concluded that a judge is not required to disqualify when a lawyer who is the judge's campaign committee co-chairperson, or members of that lawyer's firm, appear before the judge, but sugg…
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…
Does the no-contact rule apply when a lawyer wants to communicate with a government agency or its employees that are represented by counsel?
The opinion concluded that DR 7-104(A)(1) applies to communications with a government party represented by counsel; a government party is an employee, official, or body with authority to bind or settl…
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…
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 …
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.