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 a county prosecutor represent two county officials or entities at once when they disagree, or when one sues the other?
The opinion concluded that a county prosecuting attorney may represent multiple statutory clients in negotiating a contract or memorandum of understanding unless a Rule 1.7(a) conflict exists that can…
Can a juvenile court judge accept travel expenses or a meal paid for by a private placement facility that gets court placements?
The opinion concluded that a juvenile court judge or court staff may not accept travel expenses (travel, meals, lodging) or a gratuitous non-conference meal from a private placement facility that rece…
Can a full-time magistrate or judge moonlight as an independent contractor doing legal research for a legal publisher?
The opinion concluded that Jud. Cond. R. 3.11(B) bars a full-time magistrate (and judge) from serving as an independent contractor for any business entity unless an exception applies, and that none ap…
Can a law firm employ a disbarred or suspended lawyer, and what work can that person do?
The opinion concluded that a lawyer or firm may employ a disbarred, resigned-with-discipline-pending, or suspended attorney only under the conditions of Gov. Bar R. V(8)(G) and (H): the firm must regi…
Can a city law director who has no duty to prosecute state-law crimes still defend criminal cases?
The opinion modified Opinion 2008-5 to hold that a city law director, assistant, or village solicitor who has no legal duty to represent the state may represent criminal defendants if no city police o…
Can a lawyer whose law partner is a city law director represent criminal defendants?
The opinion concluded that a city law director or assistant city director, having prosecutorial duties for the state, could not represent criminal defendants where the state is plaintiff; a firm colle…
Can lawyers in the same county public defender's office represent co-defendants, even at a preliminary hearing or in unrelated cases?
The opinion concluded that an assistant county public defender should not represent co-defendants at a felony preliminary hearing, or one co-defendant in a felony while representing the other in an un…
What does an Ohio lawyer do with money in a client trust account when the client cannot be found or identified?
The opinion concluded that when the identity or whereabouts of the owner of funds in an IOLTA or client trust account is unknown, the lawyer follows Ohio's unclaimed-funds statute (R.C. Chapter 169) a…
Can a lawyer who sits on a company's board, but is not its counsel, or anyone in that lawyer's firm, sue the company for a client?
The opinion concluded that a lawyer who sits on a corporation's board but is not its counsel has a Rule 1.7(a)(2) material-limitation conflict barring the lawyer from representing a client suing that …
What makes an 'of counsel' designation proper, and how does it affect firm names, fee division, and conflicts of interest?
The opinion concluded that a lawyer may be 'of counsel' to a firm only where there is a continuing, close, regular, and personal relationship that is more than a partner/associate role, a mere forward…
When must a lawyer hold settlement funds because a third party, such as a medical lienholder, claims them under Rule 1.15?
The opinion concluded that a lawyer's safekeeping duty under Rule 1.15 runs to third persons as well as clients, but only a lawful, non-frivolous claim to specific funds that the lawyer actually knows…
Must a court-appointed lawyer for an indigent criminal defendant give the no-malpractice-insurance notice under Rule 1.4(c)?
The opinion concludes that a lawyer appointed by a court to represent an indigent criminal defendant need not provide the Rule 1.4(c) notice that the lawyer lacks professional liability insurance, bec…
Is a personalized law-firm advertising letter to a business prospect a direct-mail solicitation that must carry the 'Advertising Material' label?
The opinion concludes that a personalized letter advertising legal services to a prospective business client, addressed to a contact person, is a direct-mail solicitation subject to Rule 7.3(c): it mu…
When a city, its officials, or its agencies conflict, can the city law director represent them through different assistant law directors?
The opinion concludes that a city law director must apply Rules 1.11 and 1.7 to each situation. Where a conflict can be cured under Rule 1.7(b), different screened assistant law directors may represen…
Can a lawyer accept client credit card payments, and which account do the charges go into under Ohio Rule 1.15?
The opinion concludes that a lawyer may accept credit card payments for earned fees, expense reimbursement, advances on unearned fees, and future expenses. Earned fees and reimbursements belong in the…
Can a new judge keep collecting accounts receivable and retirement benefits from a former law firm, and what disqualification follows?
The opinion concluded that a new judge may receive accounts receivable for legal work done before taking office and retirement benefits under a firm agreement, but must disqualify from any case in whi…
Does reporting another lawyer's misconduct to the judge satisfy a lawyer's duty to report under Rule 8.3?
The opinion concludes that informing a tribunal does not discharge the Rule 8.3 duty to report professional misconduct; the duty is met only by informing Disciplinary Counsel or a certified grievance …
May a judge sit on the board of a nonprofit that contracts with the court and whose services defendants use to satisfy probation?
The opinion concluded that under the Ohio Code of Judicial Conduct (Canons 1 and 2(B)(1)) and Ohio Ethics Law (R.C. 2921.42(A)(4) and 102.03), a municipal court judge may not serve on the board of a n…
Can a child-support agency staff attorney represent the state in a matter where the same lawyer earlier issued the administrative order as the agency's hearing officer?
The opinion concluded that a CSEA staff attorney may not represent the state in any action (including a contempt action) involving a matter in which that same attorney, acting as the agency's administ…
Does the no-contact rule bar a lawyer who serves as both a child's attorney and guardian ad litem from contacting represented parties?
The opinion concluded that DR 7-104(A)(1)'s anti-contact rule applied to an attorney appointed to the dual role of a child's attorney and guardian ad litem, so the attorney could not communicate on th…
When a lawyer announces opening a practice by letter, do the direct-mail solicitation rules apply?
The opinion concluded that a lawyer may announce a new practice with an announcement card and biography to the bar, businesses, and others; a personalized letter and biography to fellow bar members is…
Can a probate judge teach a training course for county agency employees and accept pay for it?
The opinion concluded that a probate judge may teach a six-hour adult-protective-services course for county job and family services employees if it does not interfere with judicial duties, but should …
Can a solo attorney call the firm 'The X Law Group' if the firm has associate attorneys?
The opinion concluded that a solo practitioner may name the firm 'The X Law Group,' where X is the practitioner's surname, if X employs one or more attorneys as associates; 'Group' and 'Law Group' are…
Can a judge or magistrate keep an active real estate salesperson license?
The opinion concluded that a full-time judge or full-time magistrate may not maintain or use an active real estate salesperson license, because affiliating with a broker and owing fiduciary duties to …
Can a lawyer turn over a client's unclaimed trust funds to the state as unclaimed funds?
The opinion concluded that an attorney does not violate the duty to preserve client funds (DR 9-102(A)) or to promptly deliver them (DR 9-102(B)(4)) by reporting 'unclaimed funds' under R.C. Chapter 1…
Can a lawyer advertise with coupons for a free consultation or dollars off legal fees?
The opinion concluded that a lawyer may not advertise legal services with fee coupons for free consultation or dollars off, because coupons characterize fees as 'discount' or 'special' contrary to DR …
Can a retired judge who practices law also serve as a private judge under R.C. 2701.10?
The opinion concluded that, absent an express ethical or statutory restriction, a retired judge who practices law may also serve as a private judge under R.C. 2701.10, but to avoid an appearance of im…
Can lawyers run booths or programs offering free help with advance directive forms to the public?
The opinion concluded that attorneys may volunteer in a bar-association-sponsored program providing public education and pro bono legal services on advance directive forms; whether individual lawyers …
Can a lawyer appear on a TV program called 'Ask the Expert'?
The opinion concluded that a lawyer should not participate in a television station's advertising and public-service program titled 'Ask the Expert,' because lawyers may not hold themselves out as expe…
Can a former magistrate, now in private practice, represent someone in post-decree matters from a divorce the magistrate heard?
The opinion concluded that under DR 9-101(A) it is improper for a former magistrate, now practicing law, to represent a person in post-decree matters (such as custody, parenting time, child support, o…
In a county with more than one county court judge, can the law partners of a part-time judge appear before another county court judge?
The opinion concluded that in counties having more than one county court judge, it is proper for the law partners and associates of a county court judge to appear in county court before another county…
Which current and former employees of a represented corporation can an opposing lawyer contact without corporate counsel's consent?
The opinion concluded that counsel adverse to a corporation may, despite a blanket-representation assertion by corporate counsel, contact certain employees: DR 7-104(A)(1) bars contact with current em…
Can an association of court employees charge vendors for booths or let vendors sponsor meals at its educational conference?
The opinion concluded that an association of judicial employees may charge vendors a fee to set up a booth at its educational conference and may permit vendors to sponsor a meal, reception, or similar…
Does a lawyer who only does contract research and writing for other attorneys have to give clients the malpractice-insurance disclosure?
The opinion concluded that an attorney who performs research and writing on a contract basis for other attorneys, but who is not engaged by, does not meet with, and does not advise clients, is not eng…
Can a judge ask local businesses to donate items used as rewards for defendants in a mental health court?
The opinion concluded that under Canon 1, 2, and 3(C)(1) a municipal court judge may not prepare and sign a letter asking local businesses to donate small items for use as rewards and incentives for m…
What rules apply to an Ohio lawyer's advertising in telephone directories?
The opinion concluded that telephone-directory advertising is governed by DR 2-101(B)(2) and generally by the publicity rules in DR 2-101 to DR 2-105: among other limits, no trade names, no misleading…
Can an Ohio lawyer be 'of counsel' to an out-of-state firm, or an out-of-state lawyer 'of counsel' to an Ohio firm?
The opinion concluded that an Ohio attorney in an Ohio firm may become 'of counsel' to a lawyer or firm in another state if the relationship does not violate that state's rules or laws, and an out-of-…
Can a part-time municipal court judge appoint their own son or daughter to serve as acting judge during a vacation?
The opinion concluded that it is improper under both the Ohio Code of Judicial Conduct and Ohio Ethics Law for a part-time municipal court judge to appoint a son or daughter as acting judge; the appoi…
Can a lawyer set up a mutual client-referral arrangement with a chiropractor?
The opinion concluded that an attorney may send a chiropractor a letter asking to meet about the attorney's services, but may not enter a mutual referral agreement, reward or compensate the chiropract…
Can a lawyer take a mortgage on a client's home to secure payment of a legal fee?
The opinion concluded that a lawyer may take a mortgage on a client's home to secure a legal fee as a business transaction under DR 5-104(A), requiring full disclosure and client consent; if the home …
Can a law firm be named on a business client's website, and can it be called the company's 'preferred attorneys'?
The opinion concluded that a law firm may be identified by name and logo on a business client's website (not false or misleading), but may not be called the company's 'preferred attorneys' (misleading…
Can a judge start and chair a court arts committee, work with a nonprofit arts foundation, and accept donated artwork for the courthouse?
The opinion concluded that a municipal court judge may establish and chair an arts committee to commission an artist and choose artwork for the court's historic building, may collaborate on the commit…
Can a court accept a donation of firearms from a company for use in court security?
The opinion concluded that under the Ohio Code of Judicial Conduct a municipal court judge should not accept a donation of ten carbines to the court's probation department for court security, because …
If a magistrate runs for judge and uses the title 'magistrate' in campaign materials, what must the materials say?
The opinion concluded that a magistrate running for judge who uses the title 'magistrate' in campaign materials must identify the court and division served; on signs or billboards, wording like 'Magis…
Can a magistrate serve on a board of education or county commissioners, or as a condominium association trustee?
The opinion concluded that under Canon 7(B)(4) a full- or part-time magistrate may not serve on, or run for, a board of education or a board of county commissioners (prospectively), but may serve unde…
Can a lawyer sell or assign a settlement legal fee to a funding company for immediate cash at a discount?
The opinion concluded that it is improper for an attorney, upon reaching a settlement, to sell or assign the legal fee to a funding company for immediate cash at a discount, because it is an improper …
Can an Ohio lawyer send unsolicited email advertising legal services, and what rules apply?
The opinion concluded that attorneys are discouraged from, but not barred from, sending unsolicited email advertising legal services, which is treated as targeted direct mail subject to DR 2-101(F)(2)…
Can a common pleas judge serve on the judicial corrections board of a community-based correctional facility?
The opinion concluded that under Canon 4(C)(2), Canon 2(B), and Canon 2(A) of the Ohio Code of Judicial Conduct, common pleas court judges should not serve on judicial corrections boards for community…
Can a magistrate running for judge use a robe photo and the title 'magistrate' in campaign materials, and how may campaign funds be used at political events?
The opinion concluded that a magistrate who is a judicial candidate may appear in a robe in campaign photos if accurately labeled, may use the title 'magistrate' as a listed contributor in a party din…
Can a lawyer who represents criminal defendants also serve as a special prosecutor in the same court?
The opinion concluded that a judge may appoint an attorney as a special prosecutor in the same county and even the same court where the attorney represents criminal defendants, if the appointment is o…
Can a judge be paid to referee youth soccer games, and does the judge have to report the fees?
The opinion concluded that it is proper for a judge to referee soccer games for a non-profit soccer organization and receive compensation, and that the judge must report referee fees as income on the …
Can a law director try a case in which another lawyer from the same law director's office will testify for the city?
The opinion concluded that it is improper for a law director or assistant law director to act as advocate in a trial in which another attorney from the same office will testify for the city, unless a …
Are the head and staff of a community-based correctional facility judicial officers or employees for purposes of Ohio Ethics Law?
The opinion concluded that the President/CEO and employees of Oriana House, which operates the Summit County community-based correctional facility, are not judicial officers, judicial employees, agent…
When lawyers in different firms split a fee based on assuming joint responsibility, does the client have to sign a written agreement?
The opinion concluded that when lawyers not in the same firm divide a fee under DR 2-107(A) based on assuming responsibility (rather than proportional work), each lawyer must assume responsibility thr…
Can a law firm advertise its win/loss statistics or offer clients a money-back guarantee on legal matters?
The opinion concluded that it is improper for a firm to give out statistics on intellectual-property matters won, lost, and settled (misleading and self-laudatory), and improper to offer money-back gu…
Can a law firm help a client buy or sell a business, charge a percentage of the deal, and take a referral fee from a lender or broker?
The opinion concluded that a firm may help its seller-client (or buyer-client) locate the other side and charge a percentage fee with full disclosure and written informed consent, but may not share th…
Can a magistrate campaign for the judge who appointed them, or solicit campaign funds for that judge's re-election?
The opinion concluded that under Canon 7(B)(2)(b) a magistrate may not engage in campaign activities (door-to-door canvassing, distributing literature, yard signs, phone banks) or solicit or receive c…
Can a lawyer transfer shares in a legal professional association to an irrevocable trust for nonlawyer beneficiaries if the trustee is a lawyer?
The opinion concluded that it is improper under DR 5-107(C)(1), Gov. Bar R. III section 3(B), and DR 3-102(A) for an attorney to transfer shares in a legal professional association to an irrevocable t…
Can a lawyer join a church-paid group legal services plan that pays for members' trusts only if the trust leaves the church at least $20,000?
The opinion concluded that it is improper under DR 2-103(D) and DR 5-107(B) for a lawyer to participate in a church-funded estate-planning plan that pays for a member's self-trusteed revocable trust o…
Can a court probation officer work part-time for a private for-profit drivers' intervention program that takes court referrals?
The opinion concluded that Ohio Ethics Law (R.C. 102.03(D) and (E)) prohibits a municipal-court probation officer from accepting private employment with a for-profit drivers' intervention program serv…
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.