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.
No Ohio Board of Professional Conduct opinions match these filters
Try a different search term or clear the filters.
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…
Does an Ohio lawyer have to return a former client's file on request, how long must it be kept, and who pays to convert digital files?
The opinion concludes that the file is the client's property and must be promptly delivered on a former client's request, including digital files in an accessible format. There is no minimum retention…
Can a part-time city law director, or other lawyers in the director's private firm, represent private clients in matters before the director's municipality?
The opinion concludes that a part-time law director may not represent private clients in matters related to the employing municipality, and should not seek the municipality's consent to do so. The dir…
Which settlement terms restricting a plaintiff's lawyer (no other clients, no solicitation, keep everything confidential, no disparagement) are allowed under Rule 5.6?
The opinion concluded that a lawyer may not offer or agree to direct or indirect restrictions on the lawyer's right to practice. Settlement terms requiring the lawyer to affirm having no other clients…
Can a lawyer leave law-firm shares transfer-on-death to a revocable trust that has nonlawyer beneficiaries?
The opinion concluded that a lawyer must avoid designating his or her law-firm shares as transfer-on-death to a revocable trust (becoming irrevocable at death) when the trust has nonlawyer beneficiari…
Can a lawyer who represents employees take on the employer as a client in unrelated matters, drop a client to do so, or later sue a former client?
The opinion concluded that, absent informed written consent, a lawyer may not represent an adverse party (an employer) in unrelated matters while representing current clients with claims pending again…
What can an Ohio lawyer put in a website domain name, and can a domain name claim a practice specialty or a city where the lawyer has no office?
The opinion concluded that a lawyer's domain name is a form of advertising and a professional designation governed by the Ohio Rules. A lawyer is encouraged but not required to include the lawyer or f…
What political and campaign activities can an Ohio court magistrate take part in, and can a magistrate help the appointing judge's reelection?
The opinion concluded that magistrates are judicial officers subject to the Code of Judicial Conduct, so a magistrate may not contribute to the campaign committee of a judicial candidate seeking the s…
Can a lawyer agree to a settlement term that bars the lawyer from disclosing or advertising information that is in the public court record?
The opinion concluded that a settlement term barring a lawyer from disclosing information contained in a court record is an impermissible restriction on the lawyer's right to practice under Prof.Cond.…
Can a lawyer licensed in another state handle an Ohio loan closing for an out-of-state lender without retaining Ohio counsel?
The opinion concluded that an out-of-state lawyer admitted and in good standing elsewhere may represent an out-of-state lending institution on a temporary basis in a loan secured by Ohio real property…
Can an Ohio court set up and fund a self-help clinic staffed by appointed lawyers for self-represented litigants, and what duties do those lawyers owe?
The opinion concluded that a court may establish and fund a self-help center and appoint and compensate lawyers to give limited scope assistance to self-represented litigants, as long as the court kee…
Can a court hire someone who also works for a nonprofit treatment center under contract with the court, and can court staff fundraise for that nonprofit?
The opinion concluded that, under the Ohio Ethics Law, a court may not employ a person simultaneously employed by a nonprofit drug treatment center that contracts with the court, unless a statutory ex…
Can an Ohio lawyer run a virtual law office, and what office address must the lawyer list if there is no traditional physical office?
The opinion concluded that an Ohio lawyer may operate a virtual law office, provided the lawyer is competent in the technology used, takes reasonable efforts to prevent inadvertent disclosure of clien…
Can an Ohio lawyer send unsolicited emails to get clients, and what disclosures must the email carry?
The opinion concluded that a lawyer may use email to solicit professional employment because email is a written communication that does not involve the real-time contact prohibited by Prof. Cond. R. 7…
When must an Ohio judge report another judge's or a lawyer's misconduct, and does reporting a lawyer require the judge to recuse?
The opinion concluded that under Jud. Cond. R. 2.15 a judge with knowledge that another judge or a lawyer committed a violation raising a question about honesty, trustworthiness, or fitness must repor…
Can a lawyer advertise 'no fee unless we win' if the client is still responsible for litigation costs?
The opinion concluded that a lawyer who advertises contingent-fee litigation services may not use statements like 'no fee without recovery' or 'no charge unless we win' if the lawyer intends to recove…
Can a criminal defense lawyer represent a defendant when the lawyer's spouse is a police officer or detective at the arresting agency?
The opinion concluded that a lawyer is not categorically barred from defending a criminal client when the lawyer's spouse is an officer or detective at the arresting or investigating agency who is not…
Do solo lawyers who share office space but are not a firm have to follow the fee-splitting rules when they divide a fee?
The opinion concluded that lawyers who practice in association but are not in a partnership, of counsel, or other recognized firm relationship are not in the 'same firm' under Prof. Cond. R. 1.5(e), s…
Must a lawyer keep confidential what a prospective client said in a consultation even if the lawyer was never hired, and can the lawyer be an impeachment witness?
The opinion concluded that under Prof. Cond. R. 1.18 a lawyer owes a duty of confidentiality to a prospective client about information learned in a preliminary consultation, even if no representation …
Can a lawyer licensed in another state open an Ohio office to handle only federal matters, and how must the letterhead read?
The opinion concluded that an out-of-state lawyer admitted and in good standing elsewhere who is authorized to appear before a federal court or agency in Ohio may maintain an office or systematic and …
Can an Ohio lawyer use client testimonials and online reviews in advertising, and do they need disclaimers?
The opinion concluded that a lawyer may use a client testimonial in advertising if it is not false, misleading, or nonverifiable and does not create unjustified expectations; testimonials about genera…
How long can a lawyer hold a client's settlement funds in trust to let the check clear before paying the client?
The opinion concluded that a lawyer may hold client funds in trust for a reasonable period to confirm the deposited check has cleared, and that one week to ten days is reasonable given federal banking…
Could an Ohio lawyer advise or represent a state-licensed medical marijuana business, or use medical marijuana, when it remained a federal crime?
The opinion concluded that, under Prof. Cond. R. 1.2(d) as it then stood, an Ohio lawyer could not provide the legal services needed to establish or operate a state-regulated medical marijuana enterpr…
Can a lawyer suing a company talk to its current and former employees without the company's lawyer's consent?
The opinion concluded that under Prof. Cond. R. 4.2 a lawyer adverse to a corporation may not contact, without corporate counsel's consent, current employees who supervise, direct, or regularly consul…
Are a law-clinic intern's client conflicts imputed to the law firm where the intern also works as a clerk?
The opinion concluded that a law student with a Gov. Bar R. II legal intern certificate is engaged in the limited practice of law and bound by the Rules, so conflicts from the intern's current or form…
Can an Ohio lawyer join an online referral service that takes a per-case 'marketing fee' based on the legal fee earned?
The opinion concluded that a lawyer's participation in an online, nonlawyer-owned referral service is unethical where the lawyer must pay a per-matter 'marketing fee' calculated as a percentage of the…
Must a lawyer report a former lawyer's misconduct learned while suing that lawyer for a client?
The opinion concluded that under Prof. Cond. R. 8.3 a lawyer must report another lawyer's misconduct when the lawyer has unprivileged knowledge of a violation that raises a question about the other la…
Where must an Ohio lawyer deposit a flat fee paid in advance, and can it be nonrefundable?
The opinion concluded that a lawyer may charge a flat fee paid in advance, but under Prof. Cond. R. 1.15(c) must deposit it in an IOLTA/client trust account and withdraw it only as earned, unless the …
Can a lawyer who gives a legal seminar hand out firm materials and meet with attendees afterward to discuss their cases?
The opinion concluded that a lawyer may present a legal seminar to prospective clients and make firm brochures and information available near the exit (without personally distributing them), but may n…
Can an Ohio judge refuse to perform same-sex marriages while still performing opposite-sex ones?
The opinion concluded that a judge who performs civil marriages may not refuse to marry same-sex couples while continuing to marry opposite-sex couples, and may not stop performing all marriages in or…
Can one law firm be designated 'of counsel' to another law firm in Ohio?
The opinion concluded that a law firm (not just an individual lawyer) may enter an 'of counsel' relationship with another law firm, provided both firms comply with the Rules of Professional Conduct. T…
Does a creditor's lawyer who confesses judgment on a cognovit note have a conflict of interest with the debtor?
The opinion concluded that it is proper for a lawyer to sign an answer confessing judgment against a debtor under a warrant of attorney in a cognovit note when a creditor asks, as long as the confessi…
Can lawyers in a part-time county prosecutor's law firm take criminal defense cases against the state?
The opinion concluded that a part-time county prosecutor cannot represent criminal defendants prosecuted on behalf of the state (or a municipality the prosecutor is authorized to prosecute for), becau…
Does an Ohio judge have to step aside from a case when one of the lawyers is working on the judge's election campaign?
The opinion concluded that a lawyer's mere participation in a judge's current election campaign does not require the judge to disqualify, but disqualification is warranted for at least the campaign fu…
Can a public defender cross-examine a former client who is now a prosecution witness in an unrelated case?
The opinion concluded that a lawyer is not automatically barred from representing a client when an adverse witness is a former client in an unrelated matter, but cross-examining the former client abou…
Can a former judge in Ohio keep using the title 'Judge' or 'Honorable' after leaving the bench?
The opinion concluded that former judges generally may not use a judicial title while practicing law, providing law-related or other business services, working in government, or doing charity or commu…
Can an Ohio lawyer send text messages to solicit prospective clients?
The opinion concluded that Ohio lawyers may use text messages to solicit prospective clients, because a text is a written or electronic communication under Prof. Cond. R. 7.2(a). The message must stil…
Can an Ohio lawyer practice in more than one law firm at the same time?
The opinion concluded that a lawyer may practice in more than one firm at the same time if the practice otherwise complies with the Rules of Professional Conduct. A lawyer in simultaneous multiple-fir…
What does an Ohio lawyer have to do when a client takes a non-recourse litigation cash advance from a litigation-finance company?
The opinion concluded that Ohio lawyers may inform clients of non-recourse civil litigation advances offered by alternative litigation finance (ALF) providers and regulated by R.C. 1349.55. If a clien…
Can a law firm list nonlawyer employees by name on its letterhead, website, and business cards?
The opinion concluded that a law firm's letterhead and website may list the names of nonlawyer employees if the employees are clearly identified as nonlawyers through job titles or other identifiers t…
Can an Ohio lawyer secretly record a conversation without the other person's consent?
The opinion concluded that a lawyer's surreptitious recording of a conversation is not a per se violation of Prof. Cond. R. 8.4(c) (dishonesty, fraud, deceit, or misrepresentation) if the recording do…
Can an Ohio judge recommend or endorse a lawyer who is running for an elected office in a bar association?
The opinion concluded that a judge may not recommend or endorse a candidate for a bar association elective office. By providing such recommendations or endorsements, a judge abuses the prestige of jud…
Can an out-of-state lawyer provide debt settlement services to Ohio clients found through the internet under the temporary-practice rule?
The opinion concluded that an out-of-state lawyer is not authorized to provide debt settlement legal services (investigation, negotiation, and other nonlitigation activities) on a temporary basis in O…
Can a plaintiff's lawyer personally agree, as a settlement condition, to indemnify the defendant against third-party claims to the settlement money, and can a defense lawyer demand it?
The opinion concluded that it is improper for a plaintiff's lawyer to personally agree, as a condition of settlement, to indemnify the opposing party against any and all third-person claims to the set…
Can an Ohio judge be social media 'friends' with a lawyer who appears before the judge?
The opinion concluded that a judge may be a social networking 'friend' with a lawyer who appears as counsel before the judge, but must use the site carefully to comply with the Ohio Code of Judicial C…
Can a lawyer's contingent fee agreement give the lawyer a power of attorney to sign settlements, checks, and documents for the client?
The opinion concluded that a lawyer may not use a contingent fee agreement that grants the lawyer a broad power of attorney to take any action and execute all documents the lawyer deems necessary, inc…
Are state public defenders in the central appellate office and the trial branch offices one 'firm' for imputing conflicts, and can an appellate defender argue another defender was ineffective at trial?
The opinion concluded that, given the State Public Defender's structure (a central appellate office and separate trial branch offices in different counties, with separate databases), the appellate and…
Can an Ohio judge let a sentenced offender make a charitable donation instead of performing a community service sanction?
The opinion concluded that, unless authorized by law, a judge should not grant an offender's request to fulfill a community service sanction by making a financial contribution to a charity. The Board …
Can a lawyer settling a malpractice claim require the client to withdraw a disciplinary grievance or promise not to file one?
The opinion concluded that it is improper for a lawyer to require a current or former client to withdraw a disciplinary grievance or to refrain from filing one as part of settling a malpractice claim;…
When a client asks for the file, does an Ohio lawyer have to hand over the lawyer's own notes from client interviews?
The opinion concluded that whether a lawyer's notes are client papers the client is entitled to upon request under Prof. Cond. R. 1.16(d) depends on whether the notes are items reasonably necessary to…
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 …
Can an Ohio judge donate to a charity from personal or campaign funds and accept name recognition, in an election or non-election year?
The opinion concluded that a judge may make charitable contributions from personal or judicial campaign funds in an election or non-election year, and may receive name recognition (with or without the…
Can an Ohio judge thank jurors for their service by giving them a letter, certificate, or memento such as a bookmark imprinted with the judge's name and picture?
The opinion concluded that a judge may thank jurors by a verbal expression, a letter or certificate of appreciation, or a small but dignified memento such as a bookmark, which may carry the judge's na…
If a personal injury lawyer hires an outside firm to resolve a client's health care liens, can the cost be billed as a litigation expense or only as part of the contingent fee?
The opinion concluded that the lawyer may use professional judgment to bill outsourced health care lien resolution either as part of the contingent fee or as a litigation expense; either way the clien…
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 an Ohio lawyer outsource legal or support services to lawyers or nonlawyers, domestically or abroad, and what does the lawyer owe the client?
The opinion concluded that the Ohio Rules of Professional Conduct do not prohibit outsourcing legal or support services, directly or through a service provider, but require the lawyer to disclose the …
Can a lawyer be listed as 'General Counsel' on a client company's letterhead and sign letters that way?
The opinion concluded that a lawyer or law firm may be listed as 'General Counsel' on a client organization's letterhead, and may sign correspondence that way, if the lawyer represents the organizatio…
After mediating a divorce, can the lawyer-mediator draft the petitions and decree for the parties to file?
The opinion concluded that after a domestic relations mediation, a lawyer-mediator may not, under Prof. Cond. R. 1.7(c)(2), prepare the legal documents for both parties, but may prepare them for one p…
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.