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 …
Can a lawyer reveal in an affidavit of disqualification that a disciplinary grievance was filed against the judge?
No. Under Ohio Gov.Bar R. V(8) a lawyer may not disclose in an affidavit of disqualification that the lawyer or client filed a grievance against the judge unless the Board has certified it as a formal…
Must an Ohio judge recuse when a lawyer appearing before them is the judge's campaign opponent?
No, not automatically. A judge need not recuse merely because a lawyer before the judge is the judge's current or former campaign opponent; recusal is required only if, on the facts, the judge's impar…
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…
If a public agency inadvertently sends a lawyer privileged material in response to a public records request, what must the lawyer do?
The lawyer must promptly notify the agency once the lawyer knows or reasonably should know the material was inadvertently sent. Nothing in the rules bars the lawyer from reading it, sharing it with th…
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 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 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 an Ohio lawyer pay a staff member a bonus for being named in a positive online review?
No. The Board concludes a bonus tied solely to a positive online review impermissibly ties nonlawyer pay to a particular client or matter and raises a risk of overreaching; bonuses based on revenue, p…
If a client signs a letter of protection promising a medical provider payment from a settlement, can the lawyer pay the client all the proceeds anyway?
No. Once a client signs a letter of protection, the provider has a lawful interest in part of the proceeds, so the lawyer may decline a client's instruction to pay everything to the client and must ho…
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 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 lawyer who was fired by a client keep contacting that client to win the matter back after the client hired a new lawyer?
With rare exception, no. Once the discharged lawyer knows the former client has retained new counsel in the matter, contacting the client to resume the representation is barred by the no-contact rule …
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…
What are an Ohio lawyer's duties when served with a subpoena duces tecum for a former client's entire file?
The lawyer must promptly notify the former client and seek informed consent before disclosing. If the client objects, or cannot be located, the lawyer must assert all reasonable claims to limit disclo…
Is an Ohio mayor's court magistrate bound by the Code of Judicial Conduct, and can the magistrate run for partisan office or lead a political party?
No. The Board concludes that a mayor's court magistrate does not perform judicial functions 'within a court' as the Code's Application section uses that phrase, so the Code of Judicial Conduct does no…
Can a nonprofit legal aid lawyer solicit clients in person or by direct mail without the usual solicitation restrictions?
Yes, when the lawyer will receive no fee or remuneration. A nonprofit legal aid lawyer may solicit in person and may send direct mail to a served defendant without the pecuniary-solicitation restricti…
Can a judge solicit local businesses to donate items used as rewards for a specialized-docket program?
No. A judge may not sign a letter soliciting businesses to donate items for a specialized docket, and may not direct court staff to solicit them, because a judge may not solicit contributions for a go…
Can a paralegal take or defend a deposition, and can an out-of-state lawyer take a deposition in Ohio?
A lawyer may not delegate taking or defending a deposition to a paralegal. An out-of-state lawyer may take a deposition in Ohio only under a Prof.Cond.R. 5.5 exception, and an Ohio lawyer may take one…
Can a prosecutor prepare a judgment entry at a judge's direction and revise it without involving defense counsel?
A prosecutor may prepare a judgment entry at the court's direction, but should not make substantive edits at the court's later request unless opposing counsel is included, because doing so would be an…
Can lawyers who share an office but run separate practices share staff and divide fees, and how do they protect client information?
Yes. Lawyers in separate practices may share office space, equipment, and staff, and may divide fees under Prof.Cond.R. 1.5(e), but must segregate files, control access, and train staff to protect cli…
Can an Ohio magistrate run for or serve on a school board, city council, or county board of commissioners?
No. A full-time or part-time magistrate may not run for or hold a nonjudicial elective office; the 'resign to run' rule and related duties bar holding the magistrate position and the elective office a…
Can a judge attend a law-enforcement training course that is open only to judges, prosecutors, and police?
No. The opinion concludes a judge should not attend a training course offered by a law enforcement agency and open exclusively to judges, prosecutors, and law enforcement, because it threatens the jud…
Can an Ohio lawyer accept and hold a client's cryptocurrency in escrow, and how must it be safeguarded?
Yes. A lawyer may hold cryptocurrency in escrow as client property, but cannot place it in a client trust account unless converted to U.S. funds, and must segregate it, keep records, maintain technolo…
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;…
Can a lawyer who notarizes a client's affidavit still represent that client at a hearing or trial in the same matter?
Yes. Notarizing a client's affidavit does not by itself make the lawyer a necessary witness under the advocate-witness rule, so it does not automatically disqualify the lawyer; disqualification requir…
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 an Ohio judge serve on a political party executive committee, lead a party club, or sit on a county board of elections?
No. A judicial officer may not serve on a state or county party executive committee, should not lead a political party club, and may not sit on a county board of elections, because each role conflicts…
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…
When may an Ohio judge write a letter of recommendation, and can the judge use court letterhead?
A judge may write a letter of recommendation only when it is based on the judge's firsthand personal knowledge of the individual, and may use court letterhead in that case; without personal knowledge,…
Can an Ohio judge teach a course or give a speech, and accept pay or expense reimbursement for it?
The opinion concludes a judge may teach a course or CLE and accept compensation and expense reimbursement, and may give a speech with expense reimbursement but not compensation, because the Ohio Ethic…
Can a law firm employ a lawyer who has been suspended or disbarred, for example as a paralegal, and what conditions apply?
The opinion concludes a lawyer or firm may employ a disqualified or suspended lawyer if that lawyer does not practice law, is closely supervised, and both comply with Gov.Bar R. V(23), which requires …
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 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 a lawyer buy a competitor lawyer's or firm's name as a search-engine keyword to display the lawyer's own ad above the competitor's?
The opinion concludes a lawyer or law firm may not purchase the name of another lawyer or firm for use in competitive keyword online advertising, because doing so is designed to deceive the searching …
Can a lawyer who is the sole shareholder of a company act as both its advocate and a necessary witness in a private arbitration?
The opinion concludes the advocate-witness rule (Prof.Cond.R. 3.7(a)) applies to private binding arbitrations, so a lawyer generally may not be both advocate and necessary witness; but a lawyer who is…
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 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 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 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…
When a lawyer leaves a law firm, who notifies the clients, and what can the departing lawyer and the firm say about continued representation?
The opinion concludes that both the departing lawyer and the firm have an ethical duty to ensure affected clients are informed of the departure, and they may notify clients jointly or separately. The …
Can a law director or assistant law director try a case in which another lawyer from the same office will testify as a witness for the city?
The opinion concludes this is a fact-specific determination. A law director or assistant law director may act as an advocate in a trial where another lawyer in the office testifies only when the testi…
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…
If a prospective client gave fabricated records to an agency, must the lawyer disclose the fraud, and does it matter whether the lawyer takes the case?
The opinion concludes that a lawyer should not represent a prospective client who gave fabricated records to an administrative agency unless the client agrees to correct them. If the client later fail…
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 an in-house lawyer sign an employment contract with a non-compete that restricts practicing law after leaving the job?
The opinion concludes that an in-house lawyer may not agree to an employment contract whose covenant not to compete would restrict the lawyer's right to practice law after separation, because Prof.Con…
Can a probate court magistrate also serve as an eldercare coordinator for the same court?
The opinion concludes that a probate court magistrate may not also serve as an eldercare coordinator for the same court. Eldercare coordination is an extrajudicial activity not authorized by law, it e…
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…
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.