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 judge serve as an appointed member of a government board like the Children's Trust Fund Board or a Family and Children First Council?
The opinion concluded that under Canon 4(C)(2) a judge should not serve as an appointed member of the Ohio Children's Trust Fund Board or a County Family and Children First Council, because each is a …
What may an Ohio judicial candidate say during a campaign without violating the judicial conduct rules?
The opinion set out guidelines, drawn from the mandatory requirements of Canon 7, on judicial campaign speech: a candidate may announce views on disputed legal or political issues and make truthful, s…
Can an Ohio lawyer advertise the settlement or verdict amounts won in past cases?
The opinion concluded that it is improper for an attorney or law firm to list past settlement or verdict amounts in advertising, because such statements are misleading and self-laudatory, may be unfai…
Can an Ohio lawyer contact other counsel or an out-of-state party to offer to serve as appellate or local counsel?
The opinion concluded that an Ohio attorney may contact opposing or co-counsel in person, by phone, mail, or email to offer to serve as appellate counsel, and may contact out-of-state counsel to offer…
Can a lawyer donate legal services to be auctioned or raffled as a prize at a charity fundraiser?
The opinion concluded that a lawyer should not donate legal services to be auctioned or used as a prize drawing at a charitable fundraiser, because the donation gives a thing of value that secures emp…
Can a paralegal take a deposition, and when can an out-of-state attorney take a deposition in Ohio?
The opinion concluded that it is improper under DR 3-101(A) for an attorney to delegate the taking of a deposition to a paralegal, because doing so assists the unauthorized practice of law; an out-of-…
Can a judge publicly explain and comment on a proposed state constitutional amendment?
The opinion concluded that under Canon 2(A)(1) a judge may communicate to the public about a proposed state constitutional amendment, explaining it, comparing it to current law, and describing its pot…
Can a lawyer refer clients to lenders recommended by a consulting company that the firm pays and that earns referral fees from those lenders?
The opinion concluded that it is improper, absent full disclosure and informed consent, for a lawyer to provide loan applications and refer clients to lenders recommended by a consulting company that …
Can a law firm pay a real estate agency an annual fee and offer the agency's customers discounted legal services in exchange for the agency promoting the firm?
The opinion concluded that it is improper for a law firm to pay an annual fee to a real estate agency and offer discounted legal services to the agency's customers in exchange for the agency promoting…
Can a plea agreement require a criminal defendant to waive claims of ineffective assistance of trial counsel or prosecutorial misconduct?
The opinion concluded that it is unethical for a prosecutor to negotiate, and for a defense attorney to advise a defendant to enter, a plea agreement that waives the defendant's appellate or postconvi…
Can a court-employed attorney mediator take a private paid mediation of a case pending on the docket of the court that employs the mediator?
The opinion concluded that it is improper, under Section 2921.43(A)(1) of the Ohio Revised Code and DR 9-101(B), for a court-employed attorney/mediator to conduct a private fee-paid mediation of any c…
Can a lawyer who is also a licensed insurance agent sell annuities through the law firm to the firm's estate planning clients?
The opinion concluded that it is improper for a lawyer who is also a licensed insurance agent to sell annuities, for a commission, through the law firm to the lawyer's estate planning clients, because…
Can a law firm take out a bank loan to advance litigation expenses in a contingent-fee personal injury case and deduct the loan interest from the client's recovery?
The opinion concluded that a law firm may obtain a third-party loan to advance the expenses of litigation in a contingent-fee personal injury matter and deduct the loan's interest and costs from the c…
Can an Ohio lawyer pay a commercial website that lists the lawyer's information for potential clients, and how is that different from paying for a referral?
The opinion concluded that an Ohio attorney must distinguish permitted payment for legal advertising under DR 2-101 from prohibited payment for a referral under DR 2-103(B): a fixed payment for a fixe…
Can an Ohio judge appear in a spouse's campaign literature or allow the spouse's campaign signs on jointly owned property?
The opinion concluded that under the former Ohio Code of Judicial Conduct a judge whose spouse is running for office may appear in the family picture and be listed by name (with or without the title '…
Can an Ohio law firm put client testimonials, client names, or links to its case opinions on the firm's website?
The opinion concluded that it was improper for a law firm website to include client testimonial quotations describing the firm's services, even with client consent, but that the firm could list a clie…
Can an Ohio lawyer pay an online lawyer referral service a registration fee plus a percentage of the legal fees earned from referred clients?
The opinion concluded that an Ohio attorney may pay an online lawyer referral service a membership or registration fee and a fee calculated as a percentage of the legal fee earned, provided the servic…
Can an Ohio lawyer offer financial planning services through the law firm to estate and business clients, and charge a percentage of assets managed?
The opinion concluded that the former Ohio Code of Professional Responsibility did not prohibit an attorney from providing financial planning services through the law firm to business and estate plann…
Can an insurance defense lawyer follow the insurer's litigation management guidelines when those guidelines control legal research, staffing, discovery, or motions?
The opinion concluded that it is improper under DR 5-107(B) for an insurance defense attorney to abide by an insurer's litigation management guidelines when the guidelines directly interfere with the …
Can an insurance defense lawyer send detailed billing statements to an outside auditor hired by the insurer without the insured client's consent?
The opinion concluded that an insurance defense attorney may not submit detailed legal bills to an outside audit company hired by the insurer without first obtaining the insured client's consent after…
Can an Ohio lawyer take a fee from a financial services company for referring clients who need financial services?
The opinion concluded that it is ethically improper for a lawyer to accept a fee from a financial services group for referring clients in need of financial services, because the arrangement is an impr…
Can an Ohio lawyer set up a website intake form that lets visitors email legal questions and get paid answers from an attorney?
The opinion concluded that a lawyer may place an online intake form on a firm website that lets visitors email legal questions and receive paid email answers, because providing such advice is professi…
Must a criminal defense lawyer tell the court about a clerical error in the judgment that would let the defendant serve less time than the judge ordered?
The opinion concluded that a criminal defense attorney has a duty to notify the court of a clerical error in a judgment entry that would cause the defendant to serve a lesser sentence than ordered, be…
Can a lawyer licensed in another state but not Ohio be a partner or equity holder in an Ohio law firm, and does referring out a case the firm cannot handle make it a referral service?
The opinion concluded that under Gov. Bar R. III an attorney licensed in another state but not Ohio may be a member, partner, or equity holder in an Ohio legal professional association or similar enti…
Can an Ohio lawyer refer a client to a company that buys part of the client's money judgment for cash during an appeal, and can the lawyer take such funding too?
The opinion concluded that a lawyer may refer a judgment-holding client to a company that buys a minority interest in the judgment and advances cash during an appeal, if the lawyer determines the refe…
Can an Ohio law firm use a domain name that is not the firm's name for its website?
The opinion concluded that, although it is preferable to use the firm name, a lawyer may use other letters, words, or numbers in a website domain name as long as it is not false, misleading, deceptive…
Can an Ohio lawyer be listed in a professional association's online membership directory, with links to the lawyer's email or firm website?
The opinion concluded that an attorney may be listed in a professional association's online membership directory, which it treated as a law directory intended primarily for the legal profession permit…
Can an Ohio lawyer email clients about confidential matters without encrypting the message?
The opinion concluded that a lawyer does not violate the duty to preserve confidences and secrets under DR 4-101 by communicating with clients through unencrypted email, because the risk of intercepti…
Can an Ohio judge or magistrate accept appointment as a trustee on the board of a county community college?
The opinion concluded that under the former Ohio Code of Judicial Conduct a judge or magistrate could not accept appointment as a trustee of a county community college, because Canon 4(C)(2) barred ap…
Can an Ohio lawyer hand out law firm brochures in person at a street corner, fair, or festival?
The opinion concluded that it is improper under DR 2-101(F)(1) for a lawyer to personally distribute law firm brochures at a street corner, fair, or festival, and improper under DR 2-101(F)(1) and DR …
Can a full-time Ohio judge or magistrate run a side business, such as delivering newspapers or driving a delivery vehicle?
The opinion concluded that under the former Ohio Code of Judicial Conduct a full-time judge or magistrate could engage in outside business only within three narrow exceptions (managing family investme…
Can a judicial candidate's campaign committee accept contributions from the clerk of the common pleas court and the clerk's employees?
The opinion concluded that under the former Ohio Code of Judicial Conduct a common pleas judicial candidate's committee could accept contributions from the elected clerk of that court and the clerk's …
Can an Ohio judge accept an honorary country club membership, a round of golf, or a ticket to a sports event, and does the judge have to report it?
The opinion concluded that under the former Ohio Code of Judicial Conduct and Ohio Ethics Law a judge could accept these gifts only if the donor was not a party or interest before the judge, and that …
Can a lawyer advertise 'no fee unless you win' for contingent-fee cases without saying anything about costs?
The opinion concluded that 'no charge unless we win' or 'you pay us only when we win' phrases improperly imply litigation costs nothing on a loss, and that 'no fee without recovery' style ads are impr…
Can a judge or magistrate sit on a political party's executive committee or on a county board of elections?
The opinion concluded that it is improper under Canon 7(B)(2) for a full-time or part-time judge, a magistrate, or a judge pro tempore to serve on a state or county political-party executive committee…
When someone becomes a judicial candidate, can they wind down a prior nonjudicial campaign committee by giving the leftover funds to a party or other candidates?
The opinion concluded that the Code of Judicial Conduct does not bar a new judicial candidate from terminating a prior nonjudicial campaign committee by disbursing the leftover nonjudicial funds to a …
Must a sitting judge resign to seek appointment as county prosecutor, and what campaign activity is allowed?
The opinion concluded that a judge need not resign to be a candidate for appointment as prosecuting attorney, since the resign-to-run rule covers elections, not appointments; the judge may announce an…
When a lawyer leaves a firm, how can the lawyer and the firm notify clients and handle the client files?
The opinion concluded that a departing lawyer may tell clients of the departure, the new location, and a willingness to keep serving them, and the firm may tell clients of the departure and its wish t…
Can a judge or hearing officer write a recommendation for a lawyer who appears before them to become a certified specialist?
The opinion concluded that a judge or attorney hearing officer may give a certifying agency a written recommendation for an applicant seeking attorney-specialist certification, even though the applica…
Can a part-time magistrate, or the magistrate's law partners, practice law in the same court where the magistrate serves?
The opinion concluded that a part-time common pleas or municipal magistrate may not practice law in the court the magistrate serves or where the appointing judge serves, but the magistrate's partners …
Can a lawyer state in an affidavit to disqualify a judge that the lawyer has filed a disciplinary grievance against that judge?
The opinion concluded that a lawyer may not state in an affidavit of disqualification that the lawyer filed a disciplinary grievance against the judge when the grievance has not been certified as a fo…
Can a lawyer set up a for-profit group legal services plan and take the client referrals it generates?
The opinion concluded that a lawyer may not receive referrals from a group legal services plan the lawyer established and runs through a for-profit organization that bears no liability for its members…
Can a retired judge who can be recalled to the bench work as a paid legislative lobbyist for judges' associations?
The opinion concluded that a retired judge eligible for recall to judicial service may not serve as a paid legislative agent (lobbyist) for the Common Pleas Judges' Association and the Association of …
Can a lawyer agree to do all of a liability insurer's defense work for a fixed flat fee?
The opinion concluded that an attorney or firm may contract with a liability insurer to do its defense work for a fixed flat fee, but the fee must be reasonable and adequate, must not compromise indep…
When can a judge form a campaign committee, and can it spend retained funds or recruit volunteers outside the fundraising window?
The opinion concluded that an incumbent judge may form a judicial campaign committee before the Canon 7(C)(4) fundraising window (becoming a 'judicial candidate' bound by Canon 7), the committee may s…
Can lawyers run an ancillary business that negotiates other businesses' legal fees down with the lawyers those businesses already hired?
The opinion concluded that it is improper for attorneys to form an ancillary business that negotiates legal fees between a business client and its retained counsel, because the business would improper…
Can a full-time judicial law clerk also practice law part-time, and how does it affect the judge's cases and appointments?
The opinion concluded that if a court permits a judicial law clerk to practice law part-time, the clerk may not represent clients in matters before the judge served or before other judges in the same …
Is it ethical for a lawyer to secretly record conversations with clients, witnesses, opposing counsel, or others during a representation?
The opinion concluded that an attorney should not make surreptitious recordings of conversations during legal representation without notice or consent; such recording may violate the dishonesty rule u…
Can a retired lawyer be 'of counsel' to two different law firms at the same time, and what conflicts result?
The opinion concluded that a retired attorney may serve as 'of counsel' to two firms formed by former partners if the lawyer maintains a continuing, close, regular, and personal relationship with each…
Can Ohio lawyers practice under a common trade name licensed through a nationwide law-firm franchise?
The opinion concluded that Ohio attorneys may not practice law under a common trade name franchised to attorneys across the nation, because it uses a prohibited trade name, implies a partnership that …
Can a lawyer's engagement letter require an individual client to arbitrate future fee, malpractice, or ethics-misconduct disputes?
The opinion concluded that an engagement letter with an individual client should not require the client to prospectively agree to arbitrate fee disputes, malpractice disputes, or ethical-misconduct di…
Can a magistrate running for judge use the title 'magistrate' and wear a judicial robe in campaign advertisements?
The opinion concluded that a magistrate who is a judicial candidate may truthfully use the title 'magistrate' (and must identify the court division served), but may not wear a judicial robe in a campa…
Can a judge or judicial candidate use judicial campaign funds to buy a ticket to another candidate's fundraiser?
The opinion concluded that buying a ticket to another candidate's fund raiser is a contribution to that candidate, not a campaign expenditure, so a judge or judicial candidate could not use judicial c…
Can a lawyer who serves on a city council represent clients in that city's municipal court, in civil and in criminal cases?
The opinion concluded that a lawyer who is a city council member may represent civil clients in the municipal court if certain restrictions are heeded, but may not represent criminal defendants, priva…
Can an Ohio judge sign a written endorsement of a local domestic-violence response protocol for police, prosecutors, and judges?
The opinion concluded that a judge may consult on and participate in domestic-violence task forces, but it is not prudent under Canons 1, 2(A), 3(A)(1), and 7(B)(2)(c), (d), (e) for a judge to make a …
Can an Ohio criminal-defense lawyer charge a flat fee paid in advance, deposit it in the business account, and call it nonrefundable?
The opinion concluded that a lawyer may charge a criminal defendant a flat fee in advance; by agreement it may be deposited in the business account on receipt, but it must not be excessive, the client…
After an Ohio lawyer goes on inactive registration status, can they keep their shares in a legal professional association and keep their name in the firm name?
The opinion concluded that an attorney granted inactive registration status may not continue to hold shares in a legal professional association and the association may not keep that attorney's name in…
Can the insurer's lawyer prepare the guardianship and settlement-approval papers for an unrepresented injured minor and present them to the court?
The opinion concluded that the tortfeasor's insurer's lawyer may prepare the guardianship-appointment and settlement-approval applications for an unrepresented minor and appear for court approval, if …
Can an Ohio lawyer interview a former employee of an adverse corporation without notifying or getting consent from the corporation's counsel?
The opinion concluded that a lawyer may interview a former employee of an adverse corporation without notifying or obtaining the consent of corporate counsel, subject to conditions: the former employe…
Can an insurance company's salaried in-house lawyers pursue subrogation and include an insured's deductible, and can they operate under an 'in-house law firm' name?
The opinion concluded that salaried insurance in-house counsel may pursue subrogation and, with the insured's consent, include the insured's deductible, if they exercise independent judgment and make …
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.