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?
Ohio BPC Opinion 88-018: Legal Research Service for Lawyers Under a Trade Name
Short answer: The Board concluded that a legal research and writing service provided exclusively for lawyers and law firms is not the practice of law, so it can be marketed under a trade name, but the person providing it is not practicing law and should not hold himself out as a lawyer in marketing the service.
Disclaimer: This is an advisory ethics opinion. Advisory opinions are not binding; they interpret the Ohio Board of Professional Conduct's rules of professional conduct and are persuasive authority. This summary is for research purposes only and is not legal advice. Verify current rules before acting on any specific guidance.
About this page: The plain-English summary and Q&A below were written by Ezel based on the official opinion. The opinion text is reproduced at the bottom; the official source (linked) controls.
Currency note
This opinion was issued in 1988 under the former Ohio Code of Professional Responsibility, which was superseded by the Ohio Rules of Professional Conduct effective February 1, 2007. Treat this page as historical context, not current guidance. Verify against the current Ohio Rules of Professional Conduct (including Ohio Prof. Cond. R. 7.5 on firm names and trade names) before relying on any specific rule mentioned here.
Plain-English summary
A person asked whether litigation-support and legal-research-and-writing services offered to lawyers and law firms could be marketed under a trade name. The Board's analysis turned on whether running such a service is the practice of law.
Former DR 2-102(B) provided that a lawyer in private practice "shall not practice under a trade name." The Board noted that EC 3-5 made it undesirable to formulate a single definition of the practice of law, and that the practice of law has been described as acting in a representative capacity in protecting, enforcing, or defending another's legal rights and counseling and advising in relation thereto (In re Unauthorized Practice of Law, 185 N.E.2d 489 (Ohio Ct. App. 1962)). Because a legal research and writing service for other lawyers does not involve representing or advising clients, the Board concluded it should not be considered the practice of law, and that someone not engaged in the practice of law is not bound by the Code's trade-name rule. The Board added, however, that holding oneself out as a lawyer in marketing material would be misleading where the person is admittedly not practicing law (former DR 2-101(A)), citing ABA Informal Op. 610 (1963). It also restated EC 3-6 that a lawyer may delegate tasks to non-lawyers as long as the lawyer supervises and remains responsible for the work.
Common questions
Q: Can a legal research service for lawyers use a trade name?
A: Yes. 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 is not bound by the former rule against practicing under a trade name.
Q: Can the person running the service advertise as a lawyer?
A: No, not in marketing the service. The Board concluded that holding oneself out as a lawyer while admittedly not practicing law would be misleading under former DR 2-101(A). A lawyer who wishes to be identified as an attorney must comply with the Code and may not practice law under a trade name.
Q: Can a lawyer use such a service for delegated work?
A: Yes. The Board restated former EC 3-6 that a lawyer may delegate tasks to non-lawyers as long as the lawyer supervises the work and maintains responsibility for it.
Background and rules framework
The opinion applies former DR 2-102(B) (trade names), DR 2-101(A) (misleading communications), and ethical considerations EC 3-5 and EC 3-6 (defining the practice of law and delegation to non-lawyers) of the Ohio Code of Professional Responsibility. The current parallels are Ohio Prof. Cond. R. 7.5 (firm names and trade names) and the unauthorized-practice provisions of Rule 5.5, with Model Rules 7.5 and 5.5.
Citations and references
Rules of Professional Conduct:
- Former DR 2-102(B), Ohio Code of Professional Responsibility
- Former DR 2-101(A), Ohio Code of Professional Responsibility
- Former EC 3-5 and EC 3-6, Ohio Code of Professional Responsibility
Cases:
- In re Unauthorized Practice of Law, 185 N.E.2d 489 (Ohio Ct. App. 1962), describing the practice of law
Other opinions cited:
- ABA Comm. on Ethics and Professional Responsibility, Informal Op. 610 (1963): a person who is a lawyer must not advertise that fact while not practicing
See also
- Ohio BPC Opinion 1988-019: Holding Out as a Partnership Without an Actual Partnership
- Ohio BPC Opinion 1988-023: "Of Counsel" Designation and Dual-Profession Practice
Source
- Landing page: https://ohioadvop.org/advisory-opinion-index/
- Original PDF: https://www.ohioadvop.org/wp-content/uploads/2017/03/Op-88-018.pdf
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
The Supreme Court of Ohio
BOARD OF COMMISSIONERS ON GRIEVANCES AND DISCIPLINE
41 SOUTH HIGH STREET-SUITE 3370, COLUMBUS, OH 43215-6105
(614) 644-5800 FAX: (614) 644-5804
OFFICE OF SECRETARY
OPINION 88-018
Issued August 12, 1988
[CPR Opinion-provides advice under the Ohio Code of Professional Responsibility which is superseded by the Ohio Rules of Professional Conduct, eff. 2/1/2007.]
SYLLABUS: Providing legal research and writing services exclusively for lawyers and law firms is not considered engaging in the practice of law. Therefore, such a service can be marketed under a trade name. A person who conducts such a service exclusively for lawyer and law firms is not engaged in the practice of law and therefore, may not hold himself or herself out as a lawyer, though otherwise licensed to practice law.
OPINION: We have before us your request for an advisory opinion regarding the propriety of marketing certain litigation support services under a trade name. In addition to offering litigation support services, you wish to offer legal research and writing services.
As you indicate in your request letter, DR 2-102(B) pertains to practicing law under a trade name. This rule states that, "[a] lawyer in private practice shall not practice under a trade name..." Code of Professional Responsibility DR 2-102(B). In regard to when a lawyer is considered to be engaged in private practice, it is not desirable to formulate a single, specific definition of what constitutes the practice of law. Code of Professional Responsibility, EC 3-5. However, the practice of law has been characterized as "acting in a representative capacity in protecting, enforcing, or defending another person in the exercise of his legal rights and duties and in counseling, advising and assisting him in relation thereto." In re Unauthorized Practice of Law, 185 N.E.2d 489, 494 (Ohio Ct. App. 1962).
It is our opinion that because a legal research and writing service for other lawyers does not involve representing or advising clients, that it should not be considered the practice of law. An attorney who is not engaged in the practice of law is not bound by the Code and therefore may use a trade name to market his or her legal research and writing services.
However, because you are admittedly not engaged in the practice of law, holding yourself out as a lawyer in your marketing information would be misleading. See, Code of Professional Responsibility DR 2-101(A). The ABA has held in an advisory opinion that "[a] man cannot advertise that he is a lawyer even though he has no intention of engaging in the practice of law. A man who is a lawyer can shed the cloak which surrounds him as a lawyer and stop practicing law, but when he does he must not advertise the fact that he is a lawyer." ABA Committee on Ethics and Professional Responsibility, Informal Op. 610 (1963). In other words, a person who intends to use the title of lawyer is required to follow the Code of Professional Responsibility even though not engaged in the practice of law.
In regard to EC 3-6, which you mention in your request letter, it is our opinion that a lawyer may delegate tasks to other non-lawyers as long as the lawyer supervises and maintains responsibility for the work. Code of Professional Responsibility, EC 3-6.
In conclusion, it is our opinion and you are so advised that a legal research and writing service exclusively for lawyers and law firms is not considered the practice of law and therefore may be marketed under a trade name. An attorney who provides a legal research and writing service is not engaging in the practice of law and therefore should not hold himself or herself out as an attorney. Of course, a lawyer wishing to be identified as an attorney is required to comply with the Code of Professional Responsibility and may not practice law under a trade name.
This is an informal, non-binding advisory opinion based upon the facts presented and limited to questions arising under the Code of Professional Responsibility.
James W. Mason, Esq.
Secretary, Board of Commissioners