Can a law firm offer discounted legal services to members of a teachers' association through a group legal service plan?
Ohio BPC Opinion 89-008: Group Legal Service Plan for a Teachers' Association
Short answer: The Board concluded that a law firm may participate in a discounted group legal service plan for members of teachers' associations under DR 2-103(D)(4), and may write articles for the association's newsletter, so long as the attorney-client relationship runs to each individual member rather than to the association.
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
The Board flags this opinion as not current: it issued in 1989 under the former Ohio Code of Professional Responsibility (superseded by the Ohio Rules of Professional Conduct effective February 1, 2007), and DR 2-103 was later amended effective July 1, 1996. Treat this page as historical context, not current guidance. Verify against the current Ohio Rules of Professional Conduct before relying on any specific rule mentioned here.
Plain-English summary
A law firm asked whether it could participate in a legal service plan with teachers' associations. The firm proposed to offer members a free initial consultation and reduced fees (a 30% discount on hourly services and on the usual one-third contingent fee), to neither receive nor pay money to the associations, and to write articles on legal topics for the associations' newsletters.
The Board explained that, although it does not specifically approve particular plans, the proposed plan was permitted under DR 2-103(D)(4), which covered all types of legal service plans. It noted that all legal service plans carry a filing requirement under DR 2-103(D)(4)(g). The Board identified the arrangement as a "consultation plan," the most common form of group legal service plan, and observed that employee groups, especially teachers' associations, commonly benefit under such plans. On the newsletter articles, the Board concluded that writing them was not prohibited under the Code.
The Board's conclusion carried one express condition: as the firm itself indicated, the attorney-client relationship must exist between the attorney and the individual plan participant, not between the attorney and the teachers' association.
Common questions
Q: Could the firm offer a discounted legal plan to a teachers' association's members?
A: Under this opinion, yes. The Board concluded the proposed free-consultation-and-discount plan was permitted under DR 2-103(D)(4), subject to the plan-filing requirement.
Q: Who is the client under such a plan?
A: The individual member. The opinion conditioned its approval on the attorney-client relationship running between the lawyer and the individual participant, not the association.
Q: Could the firm write articles for the association's newsletter?
A: Yes. The Board concluded that writing articles for the associations' newsletters was not prohibited under the Code.
Background and rules framework
The opinion interprets the former Ohio Code of Professional Responsibility, DR 2-103(D)(4) (participation in legal service plans), including the filing requirement of DR 2-103(D)(4)(g). It treats the arrangement as a group legal service "consultation plan."
Citations and references
Rules of Professional Responsibility (Ohio):
- Former Code of Professional Responsibility, DR 2-103(D)(4), legal service plans
- Former Code of Professional Responsibility, DR 2-103(D)(4)(g), filing requirement
Other authorities cited:
- Wolfram, Modern Legal Ethics 903 (1986)
See also
- Ohio BPC Opinion 1988-009: Soliciting Referrals From Non-Bar Organizations
- Ohio BPC Opinion 1988-012: Free Consultation in a Funeral Package
- Ohio BPC Opinion 1989-006: Telephone Directory 'Fields of Practice' Listing
Source
- Landing page: https://ohioadvop.org/advisory-opinion-index/
- Original PDF: https://www.ohioadvop.org/wp-content/uploads/2017/04/Op-89-008.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 89-08
Issued April 14, 1989
[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.]
[Not current-subsequent rule amendments to DR 2-103, eff. Jul. 1, 1996.]
SYLLABUS: DR 2-103 (D) (4) permits a lawyer or law firm to participate in a legal service plan to offer a free consultation and discounted legal fees to members of various teachers' associations. An attorney-client relationship must exist between a specific client and the attorney and not between the teachers' association and the attorney.
OPINION: We have before us your request for an advisory opinion on whether your law firm may participate in a legal service plan with various teachers' associations. You propose to offer legal services at a reduced fee to members of the teachers' associations. You state that your law firm would neither receive any money from the teachers' associations nor pay any money to effect the plan. In addition to a discount for legal services, including a free initial consultation, your law firm would like to write articles for the teachers' associations' newsletter on legal topics of interest to teachers.
Although we do not specifically approve particular legal service plans, the type of plan you propose is permitted under DR 2-103 (D) (4) of the Code of Professional Responsibility. That Code provision covers all types of legal service plans and therefore parts of DR 2-103 (D) (4) may not apply to your situation. All legal service plans have a filing requirement under DR 2-103 (D)(4)(g) of the Code of Professional Responsibility.
The legal service plan you propose is commonly referred to as a consultation plan and is the most common form of group legal service plan. Wolfram, Modern Legal Ethics 903 (1986). In fact, groups which benefit under such plans include employee groups, and especially teachers' associations. Id.
In regard to writing articles for the associations' newsletter, this is not prohibited under the Code of Professional Responsibility.
In conclusion, it is our opinion and you are so advised that the a legal service plan which offers to members of a teachers' association a free half hour initial consultation, a 30% discount on hourly legal services and a 30% discount on the usual one-third contingent fee based case, is permitted under DR 2-103 (D) (4) of the Code of Professional Responsibility. As you indicate in your request the attorney-client relationship must exist between the attorney and the individual plan participant and not between the attorney and the teachers' association.
This is an informal, non-binding advisory opinion based upon the facts presented and limited to questions arising under the Code of Professional Responsibility.