Can a lawyer suspended from practice work as a paralegal in an Ohio law office under a licensed lawyer's supervision?

Plain-English summary

The Board addressed whether a lawyer suspended in the state of licensure could work as a paralegal in an Ohio law office under the supervision of a lawyer licensed to practice in Ohio. The Board noted a 1979 ABA informal opinion stating that whether a firm could employ a suspended lawyer depends on each state's legal definition of the practice of law, which quoted earlier ABA guidance that an attorney should not employ a disbarred lawyer even for office work. The Board expressly disagreed with that earlier view, reasoning that a suspended lawyer has no lesser right to work as a paralegal than a non-lawyer and no greater right to practice law than a non-lawyer.

The Board framed the practice of law as the rendition of legal services for others that calls for the professional judgment of a lawyer, citing EC 3-5 and Black's Law Dictionary. It concluded that a suspended lawyer may work in a law office so long as he or she does not practice law and is closely supervised by a licensed lawyer, and that the supervising lawyer is responsible for the suspended lawyer's actions and can be disciplined for assisting in the unauthorized practice of law under DR 3-101. The Board surveyed other states permitting disbarred or suspended lawyers to work in nonprofessional or limited capacities.

The Board found no distinction, for purposes of paralegal employment in Ohio, between a suspended Ohio lawyer and a lawyer suspended by another state; both are prohibited from holding themselves out as licensed in Ohio or from practicing law, and a lawyer suspended elsewhere must comply with that state's restrictions. It added that the opinion did not override the suspending state's rules and did not replace or modify any order of suspension, which controls the suspended lawyer's permitted activities. The Board concluded that a suspended or disbarred attorney is not prohibited from working as a non-lawyer paralegal, that the law office must exercise close supervisory control over all non-lawyer employees to prevent the unauthorized practice of law, and that the suspended lawyer's permitted activities are restricted by the specific language of the Supreme Court's order of suspension.

Currency note

The Board withdrew this opinion (per the Board's advisory-opinion index, by Opinion 2021-09 on October 1, 2021; the opinion's own header also notes withdrawal by Adv. Op. 2021-1). It issued in 1990 under Ohio's former Code of Professional Responsibility (superseded by the Ohio Rules of Professional Conduct effective February 1, 2007), and the Board also flags it as not current in light of amendments to Gov. Bar R. V.(G)(1) effective September 1, 1999. Subsequent rule amendments or later opinions may have changed the analysis. 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.

Common questions

Q: Can a suspended lawyer work as a paralegal in an Ohio law office?

A: Under this opinion, yes. The Board concluded a suspended or disbarred lawyer is not prohibited from working as a non-lawyer paralegal, provided the lawyer does not practice law and is closely supervised by a licensed lawyer.

Q: Who is responsible if the suspended lawyer ends up practicing law?

A: The Board concluded the supervising lawyer is responsible for the suspended lawyer's actions and can be disciplined for assisting in the unauthorized practice of law under DR 3-101.

Q: Does it matter that the lawyer was suspended in another state rather than Ohio?

A: The Board found no distinction for paralegal employment in Ohio; both must avoid holding themselves out as licensed in Ohio or practicing law, and a lawyer suspended elsewhere must also comply with that state's restrictions and any order of suspension.

Background and rules framework

The opinion interprets the former Code of Professional Responsibility: DR 3-101 (a lawyer shall not aid a non-lawyer in the unauthorized practice of law) and EC 3-5 (the practice of law involves professional judgment in relating the body of law to a client's specific problem). The Board read those provisions alongside the general definition of the practice of law to permit non-lawyer paralegal work by a suspended lawyer under close supervision.

Citations and references

Rules of Professional Responsibility (Ohio, former):

• DR 3-101, aiding the unauthorized practice of law
• EC 3-5, the practice of law and the professional judgment of a lawyer

Other authorities cited:

• Wolfram, Modern Legal Ethics 848 (West, 1986)
• Black's Law Dictionary 1055 (5th ed. 1979), definition of the practice of law

Other opinions cited:

• ABA Committee on Ethics and Professional Responsibility, Informal Op. 1434 (1979): employing a suspended lawyer turns on the state's definition of the practice of law
• Michigan State Bar Op. 211 (1972); Arizona State Bar Op. 87-27 (1987); Florida State Bar Op. 62-26 (1986): limits on disbarred or suspended lawyers working in law offices

See also

• Ohio BPC Op. 1989-002: Sharing Fees With a Suspended or Disbarred Lawyer
• Ohio BPC Op. 1989-026: Whether an Inactive-Status Lawyer May Render Legal Services
• Ohio BPC Op. 1988-035: Practicing While Delinquent in Registration and the Unauthorized Practice of Law
• Ohio BPC Op. 1989-011: Non-Lawyer Employee Signing Letters on Firm Letterhead

Source

• Landing page: https://ohioadvop.org/advisory-opinion-index/
• Original PDF: https://www.ohioadvop.org/wp-content/uploads/2017/04/Op-90-006.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 90-6
Issued April 20, 1990
Withdrawn by Adv. Op. 2021-1

[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, Gov. Bar R. V. (G)(1), eff. Sep. 1, 1999.]

SYLLABUS: A lawyer, suspended from the practice of law, may work in a law office under the supervision of a practicing lawyer.

OPINION: We have before us your request for an opinion on whether you may work as a paralegal in a law office in Ohio, while under suspension in the state where you are licensed to practice law. You want to work in a law office under the supervision of a lawyer licensed to practice in Ohio.

In 1979, The American Bar Association issued an opinion indicating the question of whether a law firm could employ a suspended lawyer depends on the legal definition of the practice of law in that state. ABA Committee on Ethics and Professional Responsibility, Informal Op. 1434 (1979). The ABA Committee quoted a previous ABA opinion advising:

[a]n attorney should not employ a disbarred lawyer, even to do only office work and seeing no clients, because of the practical difficulty of confining his activities to an area which does not include practice of law, and because such employment would show disrespect to the courts.

We do not agree. A suspended lawyer has no lesser right to work as a paralegal than a non-lawyer, and no greater right to practice law than a non-lawyer. Wolfram, Modern Legal Ethics 848 (West, 1986).

The practice of law relates to the rendition of legal services for others that calls for the professional judgment of a lawyer. Code of Professional Responsibility, EC 3-5. The professional judgment of a lawyer is considered to be his or her educated ability to relate the general body and philosophy of law to a specific legal problem of a client. Id.

Black's law dictionary defines the practice of law as

not limited to appearing in court, or advising and assisting in the conduct of litigation, but embraces the preparation of pleadings, and other papers incident to actions and special proceedings, conveyancing, the preparation of legal instruments of all kinds, and the giving of all legal advice to clients. Black's Law Dictionary 1055 (5th ed. 1979).

A suspended lawyer may work in a law office as long as he or she does not practice law and is closely supervised by a licensed lawyer. The supervising lawyer is responsible for the actions of the suspended lawyer and can be disciplined for assisting in the unauthorized practice of law under DR 3-101.

Several states have dealt with this issue. The Michigan State Bar held that it is not per se improper to hire a disbarred lawyer provided he or she is placed in some strictly nonprofessional capacity. Michigan State Bar Op. 211 (1972). Florida and Arizona limit suspended or disbarred lawyers to activities such as legal research and similar responsibilities permitted by non-lawyer employees. Arizona State Bar Op. 87-27 (1987), Florida State Bar Op. 62-26 (1986).

For purposes of employment as a paralegal within this state, we find no distinction between a suspended Ohio lawyer and a lawyer suspended by another state. Both are prohibited from holding themselves out as licensed to practice in Ohio or from actually practicing law. A lawyer, under suspension in another state, must comport with that state's restrictions on a suspended lawyer's activities. This opinion is not meant to override rules or regulations of the suspending state.

A suspended lawyer must comply with his or her Order of Suspension including the specific requirements and limitations set forth in such an order. This advisory opinion is not meant to replace or modify such an Order of Suspension which dictates the suspended lawyer's activities.

In conclusion, it is our opinion and you are so advised that a suspended or disbarred attorney is not prohibited from working as a non-lawyer paralegal or similar position in a law office. It is the responsibility of the law office to exercise close supervisory control over all non-lawyer employees to prevent any unauthorized practice of law. The suspended lawyer acting as a paralegal must comply with any rules or regulations governing paralegals in Ohio and perform only those duties permissible for a paralegal. However, a suspended lawyer's permitted activities are restricted by the specific language of the Supreme Court's Order of Suspension.

This is an informal, non-binding advisory opinion based upon the facts presented and limited to questions arising under the Code of Professional Responsibility.