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 an Ohio judge answer phones, sit on a VIP panel, or solicit donations during a public charity telethon?
The opinion concluded that a judge may not participate in a public fund-raising telethon, including answering phones to take donations, serving on a VIP telephone panel, or soliciting donations from f…
If an Ohio lawyer promised a doctor to pay medical bills out of a settlement, can the lawyer follow the client's later instruction to pay all the funds to the client instead?
The opinion concluded that a lawyer may not pay all settlement funds to a client when the lawyer, with the client's consent, had promised a physician to pay medical expenses from the proceeds; the law…
Can different attorneys in the same Ohio prosecutor's office prosecute two family members who are charged with committing domestic violence against each other?
The opinion concluded that it is not per se improper for different attorneys from the same prosecutor's office to simultaneously prosecute family or household members charged with domestic violence ag…
After becoming a full-time Ohio judge, can a lawyer keep running a family farm and keep preparing tax returns as a CPA?
The opinion concluded that a full-time judge may continue a spouse-co-owned farm (raising cattle, selling hay, grain, and seed) as permitted management of real estate, but may prepare tax returns as a…
Can an Ohio judge be paid for teaching CLE courses or for giving motivational speeches?
The opinion concluded that a judge may accept compensation for teaching CLE courses under both the Code of Judicial Conduct and Ohio Ethics Law, but that compensation for motivational speeches, while …
Can an Ohio judge accept a free (waived registration) invitation to a trial lawyers association CLE seminar, and must it be reported?
The opinion concluded that a judge may accept a waived registration fee to attend a trial lawyers association seminar under the Code of Judicial Conduct and Ohio Ethics Law; the gift need not be repor…
Can an Ohio lawyer use a fee agreement that lets the lawyer pick, after settlement, whichever is larger between the hourly fee and a one-third contingent fee?
The opinion concluded that a fee agreement letting the lawyer choose, after settlement, the larger of an hourly fee or a one-third contingent fee is improper under DR 2-106 because it is not based on …
Can an Ohio lawyer pay a non-profit organization (other than a bar association) a percentage of the legal fee earned from a client it referred?
The opinion concluded that paying a non-profit organization other than a bar association a percentage of the legal fee from a referred client is improper, as it is not a usual and reasonable fee under…
Can an Ohio judge write letters of recommendation for law school applicants, the judge's law clerks, or candidates for a federal judgeship?
The opinion concluded that a judge may recommend a law school applicant, a law clerk seeking attorney employment, or an individual seeking a federal judgeship when the judge has firsthand knowledge of…
Can Ohio judges accept a free set of the entire Revised Code from a publisher that does business with the court?
The opinion concluded that a court, justice, or judge may not accept a year's complimentary use of casebound editions of the entire Revised Code from a publisher that does business with the court, bec…
Must a new Ohio judge recuse from cases argued by a former law partner while still collecting the old firm's accounts receivable?
The opinion concluded that a newly elected judge should disqualify from cases advocated by a former law partner while receiving income from the former partnership's accounts receivable; no fixed time …
Can an Ohio law firm charge an insurer a fixed flat fee for subrogation work based on the number of health-plan enrollees?
The opinion concluded that a law firm may charge an insurer or third-party administrator a fixed flat fee for subrogation work based on plan enrollment, provided the fee is reasonable and not excessiv…
Can an Ohio solo lawyer call the practice 'X and Associates' if there are no other lawyer employees?
The opinion concluded that 'and Associates' signals that a lawyer employs other lawyers, so a solo practitioner with no lawyer employees may not use it to suggest office-sharing, co-counsel, or non-la…
Can a part-time assistant county prosecutor share office space with a criminal defense lawyer and co-counsel civil cases with that lawyer?
The opinion concluded that an assistant prosecutor in part-time private practice may share office space with a criminal defense lawyer and co-counsel unrelated civil cases, provided they protect clien…
Can an Ohio lawyer charge for a public legal seminar, accept clients who come from it, and do the same on a radio talk show?
The opinion concluded that a lawyer may charge a nominal seminar fee, accept employment that results from a seminar or radio talk show, and announce availability to speak, so long as the lawyer does n…
After Ohio banned honorariums for public officials, can a judge still accept pay for teaching a law-related college course?
The opinion concluded that compensated teaching of a law-related college or university course is not a banned 'honorarium' under R.C. 102.03(H) because teaching is not the same as a speech, so a judge…
Can an Ohio lawyer refer a client to a finance company if the lawyer agrees to give the company a percentage of the legal fee in exchange for the company lending the client money?
The opinion concluded that prospectively agreeing to pay a financing company a percentage of an earned legal fee in exchange for the company lending money to the client is improper fee-splitting under…
Can an Ohio prosecutor offer to dismiss a criminal charge that lacks merit if the defendant signs a release of civil claims against the police and the city?
The opinion concluded that once a prosecutor concludes a charge lacks merit, offering to dismiss it in exchange for a release of civil claims is improper under DR 1-102(A)(5) and DR 7-105(A). Decided …
Can salaried insurance-company lawyers collect insureds' deductibles and operate under an in-house law firm name?
The opinion concluded that salaried insurance-company attorneys may pursue subrogation claims for the insurer but may not also attempt to collect insureds' deductibles, and may not operate an insuranc…
Can an Ohio lawyer split a contingency fee with a non-lawyer private investigator who works on the case?
The opinion concluded that a lawyer may not split a contingency fee with a non-lawyer private investigator as compensation for investigative work, because DR 3-102(A) prohibits sharing legal fees with…
Can Ohio lawyers own an ancillary business offering law-related services, and what must they disclose to its customers?
The opinion concluded that lawyers may own an ancillary law-related business if it commits no unauthorized practice and they follow the Code, may not condition the business's services on the customer …
Can a criminal defense attorney also serve as a special county prosecutor in another county?
The opinion concluded that a private criminal defense attorney may serve as a special county prosecutor in another county only if the attorney does not represent criminal defendants in the court where…
Can an Ohio law firm settle its suit against a former client for less than the litigation expenses the client owes?
The opinion concluded that a law firm may settle a suit against a former client for litigation expenses for less than the amount actually owed without violating DR 5-103(B), if the representation is c…
Can an Ohio judge let his or her picture appear on a DARE program trading card?
The opinion concluded that it is improper under Canons 1, 2, and 5 of the Code of Judicial Conduct for a judge's picture to appear on a DARE program trading card. Decided under the former Ohio Code of…
Can an Ohio lawyer who also holds another professional degree or license advertise both, and where?
The opinion concluded that a lawyer may indicate a law degree in advertising another profession, and may indicate other degrees or licenses in advertising the law practice, but under DR 2-102(E) a law…
Can a part-time county court judge, or the judge's firm, practice law in the county court where the judge sits by assignment?
The opinion concluded that a part-time county court judge may not practice law in the county court where the judge sits by assignment until the assignment ends, and neither may the judge's partners an…
Can a municipal court deputy bailiff privately own a business that evicts tenants for landlords for a fee?
The opinion concluded that it is improper under Ohio Ethics Law for a municipal court deputy bailiff to privately own a business that evicts tenants for landlords for a fee while serving the court. De…
What must an Ohio lawyer do after a public records search turns up a memo that appears to be attorney-client privileged?
The opinion concluded that a lawyer who innocently obtains an inadvertently disclosed privileged memorandum through a public records search has no ethical duty to refrain from reading it or from telli…
Can lawyers from different divisions of the same legal aid society represent opposing parties in Ohio?
The opinion concluded that two attorneys from separate divisions of a legal aid society may not represent opposing parties unless it is obvious each can adequately represent the parties and the partie…
Can a former Ohio judge use 'Judge' or 'Honorable' on law firm letterhead or business cards?
The opinion concluded that a former judge returning to private practice may not use titles like 'Judge,' 'Honorable,' or 'Former Judge' on letterheads or business cards, but may state prior judicial p…
Can spouses serve as opposing prosecutor and defense counsel in Ohio, and what about their firm colleagues?
The opinion concluded that an assistant prosecutor and a criminal defense lawyer who are spouses may not oppose each other without disclosure and consent, and that the defense lawyer's partners and as…
Can an Ohio lawyer who serves on a bar grievance committee defend other lawyers in disciplinary matters?
The opinion concluded that a grievance committee member may not privately represent an attorney in a disciplinary matter handled by that committee, but may represent attorneys before another committee…
Could an Ohio lawyer list under 'Areas of Practice' or run a display ad in the phone book's classified section?
The opinion concluded that under DR 2-101(B)(2) as amended January 1, 1993, a lawyer could not list under a classified heading 'Areas of Practice' (except patent, trademark, or admiralty practitioners…
Can an Ohio judge appoint a relative to represent indigent criminal defendants?
The opinion concluded that a judge may not appoint an attorney related within the third degree of consanguinity to the judge or spouse to represent indigent defendants, because it is nepotism under Ca…
Can an Ohio lawyer confess judgment on a cognovit note, and can the creditor's attorney do it or be paid by the creditor?
The opinion concluded that a lawyer may confess judgment under a cognovit-note warrant of attorney at a creditor's request if the confession is lawful, that a creditor's own attorney may do so only wi…
Can an Ohio judge appoint a lawyer who is employed by the judge's adult child, and must the judge then recuse?
The opinion concluded that a probate or juvenile judge may appoint an attorney who works as an associate for the judge's son if the appointment is merit-based and the son is not entitled to a share of…
Can two Ohio law firms jointly run a 900-number legal advice line, and how can a firm advertise its own 900 line?
The opinion concluded that two law firms may not jointly operate a 900-number legal information line because the lawyers would be practicing law with more than one firm, but a single firm may operate …
Does an Ohio law firm have to label its newsletter 'Advertisement Only,' and what can the newsletter contain?
The opinion concluded that a law firm may mail a newsletter to an untargeted broad group without the 'Advertisement Only' recital, but a newsletter sent to persons known or reasonably knowable to need…
Can a lawyer buy another attorney's client files and client lists?
The opinion concluded that it is improper under Ohio's Code of Professional Responsibility for a lawyer to purchase client files and client lists from another attorney, because the payment improperly …
Can an attorney who is a court administrator write a law handbook for a publisher that sells books to the court and keep the royalties?
The opinion concluded that a court administrator may accept a publisher's offer to author a juvenile law handbook for royalties under R.C. 102.03(D) and (E) if he does not use his office to secure the…
Can a company's in-house lawyer separately, privately represent the company's customers on related legal matters?
The opinion concluded that a corporation's lawyer may not provide private legal representation to the corporation's clients on matters related to the corporation's work, because making corporate couns…
Can a referee running for judge use the title 'referee' or 'senior referee' in campaign ads?
The opinion concluded that a sitting referee running for judicial office may use the title 'referee' or 'senior referee' in a campaign advertisement, but the ad must identify both the court where the …
Can a law firm help a business corporation sell wills and other legal forms to consumers by mail?
The opinion concluded that it would be improper for a law firm to help a business corporation market legal forms where the sale includes advice and counseling, drafting, and execution instructions, be…
Can court referees and magistrates solicit financial support from law firms for their association's educational conference?
The opinion concluded that it is improper under Ohio Ethics Law (R.C. 102.03(D) and (E)), Canon 2B, DR 8-101(A)(3), and Canon 5B(3) for referees and magistrates to solicit or accept low registration f…
Can a part-time assistant prosecutor share office space with a criminal defense attorney?
The opinion concluded that an assistant county prosecutor in part-time private practice may share or sublet office space from a criminal defense attorney, provided client confidences are protected thr…
Can a lawyer who is also a farmer advertise legal services in a farming trade magazine using farming experience?
The opinion concluded that a lawyer engaged in both law and farming may place a legal advertisement in a farmers' trade magazine truthfully citing 20 years of farming experience and may list general p…
Can an Ohio judge sign a candidate's nominating petition or introduce a partisan candidate at a political dinner?
The opinion concluded that an incumbent judge may sign nominating petitions or declarations of candidacy for judicial and partisan candidates, and may attend a political dinner and be introduced as a …
Can an Ohio law firm advertise and run a pay-per-call dial-a-lawyer telephone legal advice service?
The opinion concluded that it is not improper for a law firm to advertise and operate a dial-a-lawyer service offering legal advice by phone for a fee, subject to several disciplinary rules on adverti…
Does an Ohio judge have to recuse when a lawyer who chairs the judge's campaign committee appears before the judge?
The opinion concluded that a judge is not required to disqualify when a lawyer who is the judge's campaign committee co-chairperson, or members of that lawyer's firm, appear before the judge, but sugg…
Does an Ohio lawyer have to return a former client's file on request, and can the lawyer hold the file for unpaid fees?
The opinion concluded that an attorney has an ethical duty to promptly deliver a former client's case files on request, including correspondence, investigatory materials the client paid for, pleadings…
Does the no-contact rule apply when a lawyer wants to communicate with a government agency or its employees that are represented by counsel?
The opinion concluded that DR 7-104(A)(1) applies to communications with a government party represented by counsel; a government party is an employee, official, or body with authority to bind or settl…
Can a criminal defense lawyer own part of a company that provides court-ordered house arrest monitoring?
The opinion concluded that an attorney whose practice emphasizes criminal defense may acquire an ownership interest in a company that sells and provides house arrest programs to courts, but because th…
Can an Ohio judge who serves as executor or administrator of a family member's estate also prepare and file the probate documents?
The opinion concluded that a judge serving as administrator or executor for a family member's estate should not prepare and file the probate documents, because preparing and filing those documents is …
What may an attorney with inactive or retired registration status do, such as serve on a grievance committee, lecture for CLE credit, or work as a paralegal?
The opinion concluded that inactive or retired attorneys may serve on certified grievance committees and lecture for CLE credit if they do not practice law or hold themselves out as authorized to, but…
Can an Ohio lawyer participate in a televised group legal advertising program that routes calls by zip code?
The opinion concluded that the Code does not preclude Ohio lawyers from participating in televised group legal advertising, and that ethical concerns about improper screening and referral are largely …
Can out-of-state attorneys send direct mail to Ohio members of a class action?
The opinion concluded that the Code does not bar direct-mail communication from named plaintiffs and their counsel to potential or actual class members during a class action, nor accepting employment …
Can a bar association require a lawyer to pay a percentage of fees from referred clients, and impose fee-arbitration and panel co-counsel conditions?
The opinion concluded that a bar association may require a lawyer to pay a percentage of fees earned from referred clients (treated as usual and reasonable dues under DR 2-103(B)) if conditions are me…
Can a judge let their name appear on a list of supporters endorsing a candidate for bar association office?
The opinion concluded that a judge should not endorse a candidate for elective bar association office by allowing the judge's name, with or without a judicial designation, to appear on a list of suppo…
Must the clerk and deputy clerk of the Ohio Court of Claims file annual financial disclosure statements?
The opinion concluded that the clerk and deputy clerk of the Court of Claims are not required by R.C. 102.02 to file annual financial disclosure statements, but must file them under Canon 6(C) and the…
Can a judge help organize and advise a business joint venture and introduce its potential customers?
The opinion concluded that a judge's active involvement in advising, planning, and organizing a proposed joint venture, and introducing potential clients and businesses to each other, would fall withi…
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.