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 lawyer write to a business to offer to represent it or to be hired as in-house counsel?
The opinion concluded that an attorney may contact, by mail, an officer or manager of a business to offer general representation (where the business routinely uses lawyers) or to propose being hired a…
Can a full-time judge prosecute patent applications before the U.S. Patent and Trademark Office?
The opinion concluded that preparing, filing, and prosecuting patent applications before the U.S. Patent and Trademark Office is the practice of law, so full-time judges of any Ohio court of record ar…
Can someone licensed to practice law in another state but not in Ohio use 'Esq.' on business correspondence in Ohio?
The opinion concluded that it is misleading, under DR 2-101(A), for a person licensed to practice law in another state but employed in Ohio as a collections manager to use 'Esq.' after his or her name…
Can a part-time judge appoint a lawyer from the judge's own law firm to serve as a court referee?
The opinion concluded that R.C. 2921.42(A)(1) of Ohio's ethics law prohibits a part-time judge from appointing an attorney in the judge's own law firm to the position of referee, because the appointme…
Can a prosecutor and a criminal defense lawyer who are siblings handle opposite sides of the same case?
The opinion concluded that representation of opposing parties by a prosecutor and a defense attorney who are siblings creates a conflict under DR 5-101(A), worsened when they are former partners and t…
Can a judge serve as executor of a close friend's estate?
The opinion concluded that a judge may serve as executor of a close friend's estate, when named in the will, if the relationship was characteristic of a close familial relationship under Canon 5D, the…
Must a part-time referee step aside when a lawyer the referee co-counsels with in private practice appears before the referee?
The opinion concluded that a part-time referee should disqualify when a party is represented by an attorney (or that attorney's partner or associate) with whom the referee co-counsels on unrelated pri…
Can a lawyer make donations to a nonprofit agency that refers clients to the lawyer?
The opinion concluded that it is improper for a lawyer who does pro-bono work for a nonprofit social service agency to make periodic voluntary contributions to the agency while receiving client referr…
Can a law firm keep a retired or inactive attorney's name in the firm name, on its letterhead, or as of counsel?
The opinion concluded that a firm may keep a retiring attorney's name in a long-established firm name even after the attorney takes retired or inactive registration status, and may list a retired-stat…
Can a lawyer write to a union asking that the firm be recommended to the union's members for legal work?
The opinion concluded that an attorney may write a union representative requesting that the firm be considered for recommendation to the union membership, provided the union is a bona fide organizatio…
Can a law firm hire a collection agency to chase down unpaid legal fees, and what client information can it share with the agency?
The opinion concluded that a law firm may use a collection agency to collect delinquent legal fees if it first confirms the fee is reasonable and not illegal, makes amicable collection attempts, and r…
Are the things a person tells a lawyer in a consultation protected even if the lawyer is never hired, and when can that lawyer be made to testify about them?
The opinion concluded that the confidences and secrets of someone who consults a lawyer about representation are protected by DR 4-101(B) even though the lawyer is not hired. But if that person later …
Does a judge have to step aside from a case where a bank is a party if the judge owns a small amount of that bank's stock in a retirement plan?
The opinion concluded that a judge's ownership of bank stock is a financial interest requiring disqualification under Canon 3 C(1)(c) when the bank is a party, even where the stock is held in a retire…
Must a judge step aside when a doctor or counselor who treats the judge or the judge's spouse testifies as a significant witness?
The opinion concluded that disqualification is not automatically required when a health care professional who treats the judge or the judge's spouse appears as a significant witness, but a judge shoul…
Can an Ohio lawyer charge interest on a client's overdue bill, and can clients pay legal fees by credit card?
The opinion concluded that the Code does not prohibit charging interest on a client's delinquent account, but the lawyer should reach an agreement with the client, preferably in writing, on whether in…
Can a municipal judge sit on the board of a nonprofit that contracts with the city to provide services to the judge's own court?
The opinion concluded that the Code of Judicial Conduct, Ohio Ethics Law, and related statutes prohibit a municipal judge from serving as a member or officer of the board of a nonprofit corporation th…
Can a sitting judge be a partner in a for-profit business that provides continuing legal education, and can a judge teach for pay?
The opinion concluded that a judge may not be a partner in a for-profit partnership providing continuing legal education, because Canon 5 C(2) bars a judge from serving as an officer, director, manage…
If lawyers keep separate practices in the same building, can they split fees, and how must they protect client confidences and share staff?
The opinion concluded that lawyers with separate practices in the same building are not in the 'same firm,' so fee divisions must meet DR 2-107(A); to protect confidences under DR 4-101 they must keep…
Must a judge step aside when a lawyer in the case works with the judge's spouse, or rents office space from the judge?
The opinion concluded that disqualification is not automatic when a lawyer in a proceeding is employed by, associated with, or in partnership with the judge's spouse; it turns case by case on whether …
Can a lawyer join a for-profit referral service that advertises for clients, screens callers, and refers them to paying attorneys?
The opinion concluded that an attorney should not participate in a for-profit lawyer referral service that jointly advertises, screens callers, and refers them to attorneys who paid for the service, b…
Can an attorney not licensed in Ohio open an Ohio office limited to federal-court practice, and what must the letterhead say?
The opinion concluded that an attorney not admitted in Ohio who sets up an Ohio office for the practice of federal law engages in the unauthorized practice of law under DR 3-101(B), though it does not…
Are lawyers who share an office and cooperate on cases, but are not partners, in the 'same firm' for purposes of the fee-division rules?
The opinion concluded that lawyers who practice in association with each other but not as a partnership are not in the 'same firm' under DR 2-107(A), so they must fully comply with the rule's restrict…
Can an Ohio lawyer practice under a trade name like 'Debt Relief Clinic,' use a multistate firm name, and send direct mail to people facing foreclosure?
The opinion concluded that 'Debt Relief Clinic' is a prohibited trade name and misleading name under DR 2-102(B), that practicing as 'X and Associates' with an out-of-state partner is proper under DR …
Can a law firm require a departing associate to pay back a percentage of fees earned from former firm clients who follow the associate?
The opinion concluded that a separation provision requiring a departing associate to pay the firm a percentage of fees later earned from former firm clients who chose to follow the associate is unethi…
Can a part-time county court judge represent a criminal defendant in another county's court, even one who previously appeared before the judge?
The opinion concluded that, under appropriate circumstances, a part-time county court judge may represent a defendant on a traffic charge pending in a municipal court of another county, and that repre…
Can a retired partner who has gone on inactive status to skip CLE still be listed as an inactive partner of the firm and keep receiving retirement payments?
The opinion concluded that retiring partners who take inactive status under Gov.Bar R. VI(8) become exempt from CLE, but listing them as inactive partners in a directory is misleading because it impli…
Under Ohio's former Code of Judicial Conduct, could a court referee make political donations, and were there limits on who they could give to?
The opinion concluded that referees, who are treated as judges for compliance purposes, could make political donations, including to a political party, but could not directly or indirectly donate to a…
Can a business owned by lawyers operate as an agency that places temporary lawyers with law firms in Ohio?
The Board concluded that a temporary lawyer placement service may operate ethically if it follows guidelines in a written agreement: no fee-splitting with the agency under DR 3-102(A), no agency contr…
Can a lawyer who advises a trust grantor be paid part of his fee directly by the bank serving as trustee?
The Board concluded that a lawyer may represent a trust grantor and receive a portion of his fee from the third-party trustee bank only after the client knows the entire arrangement and consents, with…
Can an Ohio lawyer send targeted direct mail letters soliciting people known to need legal services, such as those charged with a crime?
The Board concluded that, in light of Shapero v. Kentucky Bar Association, a lawyer may use a targeted direct mail campaign to solicit clients known to need legal services, provided the letters are tr…
When can a lawyer suing a corporation interview the company's current and former employees without going through the company's lawyer?
The opinion concluded that a lawyer adverse to a corporation must notify opposing counsel before interviewing managerial employees, employees who can bind the corporation, and employees whose conduct …
Can a bar grievance committee tell a Lawyers' Assistance Committee the name of a lawyer under investigation for a substance abuse problem without breaching its oath of secrecy?
The Board concluded that grievance committee members may share information about a lawyer with a recognized Lawyers' Assistance Committee without violating their oath of secrecy under Gov. Bar R. V(43…
Can a relator amend a formal attorney-discipline complaint before the hearing without taking the new counts back to a probable cause panel?
The Board concluded that a formal complaint before it may be amended by the relator before a hearing, by motion to the hearing panel, without presenting the additional counts to a probable cause panel…
Must a probate judge disqualify from an uncontested estate when one of the lawyers is related to the judge within the third degree?
The Board concluded that under Canon 3C(1)(d)(ii) a judge must disqualify when a lawyer in the proceeding is related to the judge or the judge's spouse within the third degree, and that a probate judg…
Can an Ohio judge serve as a trustee of a charitable foundation that funds law school scholarships, and what limits apply to fund-raising and use of the judge's name?
The Board concluded that a judge may serve as a trustee of a charitable scholarship foundation if it would not ordinarily come before the judge, may be listed among the trustees without selective emph…
Is an Ohio lawyer who serves as a labor arbitrator subject to lawyer discipline for conduct in the arbitration?
The Board concluded that an Ohio-licensed lawyer who serves as a labor arbitrator remains subject to the Code of Professional Responsibility for that conduct, even when also bound by the Code of Profe…
Can an Ohio law firm and its lawyers agree to a non-competition covenant restricting a lawyer's right to practice after leaving the firm?
The Board concluded that DR 2-108(A) prohibits a lawyer from being party to a partnership or employment agreement that restricts the right to practice law after the relationship ends, except as a cond…
Can an Ohio lawyer sign letters on a client's own letterhead as 'special counsel' or 'of counsel' without being listed at the top of the letterhead?
The Board concluded that a lawyer who devotes substantial professional time to a client may appear on the client's letterhead and be designated 'general counsel' or by a similar reference under DR 2-1…
Can an out-of-state law firm represent a lender on a loan to an Ohio borrower secured by Ohio property without engaging in the unauthorized practice of law?
The Board concluded that an out-of-state firm does not engage in the unauthorized practice of law by representing out-of-state lenders on Ohio-secured loans, including preparing documents, negotiating…
Can a legal aid lawyer hand an unrepresented indigent person her card in court and offer to represent them for free?
The Board concluded that a legal services lawyer may ethically make an in-person, no-fee offer to represent an indigent defendant who has appeared in court without representation, because the Code's b…
Who does a child support enforcement (CSEA) attorney represent, and what conflicts limit a part-time CSEA attorney's private practice?
The Board concluded that the CSEA attorney's client is the state-at-large in both AFDC and non-AFDC cases, so the custodial parent must be told at the outset that the attorney represents only the stat…
Can an Ohio lawyer who is also a licensed real estate agent represent the same client as both lawyer and realtor, and how must the lawyer handle letterhead, fees, and office sharing?
The Board concluded that a lawyer should not concurrently serve one client as both lawyer and realtor, may not list a non-legal business like 'realtor' on legal letterhead or signage under DR 2-102(E)…
Can a part-time judge pro tempore serve as an officer or board member of a political party organization in Ohio?
The Board concluded that Canon 7(A)(1)(a) bars a judge, a judge pro tempore, or a judicial candidate from acting as a leader or holding office in a political organization, and that a judge pro tempore…
When a client has given fabricated records to an agency, must an Ohio lawyer disclose the fraud, or does confidentiality control?
The Board concluded that information about a client's fraud is privileged and may not be disclosed unless permitted under DR 4-101(C); a lawyer may not offer false evidence, must try to persuade the c…
Can a lawyer suspended from practice work as a paralegal in an Ohio law office under a licensed lawyer's supervision?
The Board concluded that a suspended or disbarred lawyer is not prohibited from working as a non-lawyer paralegal in a law office, provided the office exercises close supervisory control to prevent th…
Can an Ohio judge ask the local bar association to help with a program without creating an appearance of impropriety?
The Board concluded that a judge may suggest or encourage a local bar association to become involved in a program relating to the law, the legal system, or the administration of justice, but a judge m…
Can an Ohio criminal defense lawyer disclose a client's identity on IRS Form 8300 when the client pays a cash fee over $10,000?
The Board concluded that a lawyer may not reveal a client's confidences or secrets except as permitted under DR 4-101(C), so a criminal defense lawyer who believes in good faith that disclosure would …
Can a law firm call a retired attorney who merged in and became a salaried employee 'Senior Attorney' on the letterhead, and when is 'Of Counsel' proper?
The Board concluded that an associate or salaried partner may not be designated 'Of Counsel,' which requires a close, continuing, non-partner relationship, but that an older attorney who merged a prac…
Can an Ohio lawyer use a telemarketing program that cold-calls people to find clients?
The Board concluded that telemarketing is an intrusive form of solicitation for pecuniary gain that creates the potential for overreaching, invades privacy, and pressures the recipient for an immediat…
Must an Ohio lawyer report another lawyer's misconduct learned while representing a client, and does client confidentiality excuse the duty?
The Board concluded that a lawyer must report unprivileged knowledge of another lawyer's violation of DR 1-102 to the Office of Disciplinary Counsel or a certified grievance committee under DR 1-103(A…
Can a lawyer admitted only in another state be listed on an Ohio firm's letterhead and give advice to Ohio clients while waiting to take the Ohio bar exam?
The Board concluded that a lawyer admitted in another state may be listed on an Ohio firm's letterhead if the listing indicates the jurisdictional limitation, but may not give legal advice directly to…
Can lawyers who only share office space use a common letterhead if it carries a disclaimer that they are not partners?
The Board concluded that lawyers who share office space but are not partners should use separate letterheads, because a common letterhead implies a partnership or association in violation of DR 2-102(…
Can an Ohio lawyer practice in two separate law firms or legal professional associations at the same time?
The Board concluded that a lawyer should not practice with more than one law practice in Ohio at the same time, reasoning that dual firm membership is potentially misleading, threatens client confiden…
Must an Ohio judge who is a party in a lawsuit recuse from cases where a litigant is represented by the judge's own attorney?
The Board concluded that a judge who is personally a party in litigation must recuse from any case where a litigant is represented by the judge's own attorney, at least while the attorney-client relat…
Can an Ohio judge or judicial candidate announce personal views on a disputed issue like abortion during a campaign?
The Board concluded that under Canon 7B(1)(c) of the former Code of Judicial Conduct, judges and judicial candidates could not announce their views on disputed legal or political issues, and that abor…
If a judge files a disciplinary complaint against a lawyer, is the judge disqualified from that lawyer's cases, and must the lawyer's clients be told?
The Board concluded that a judge has a duty under Canon 3(B)(3) and DR 1-103 to report lawyer misconduct, and that filing a disciplinary complaint against a lawyer does not, by itself, disqualify the …
Can a CPA firm employ a lawyer to write wills, prepare returns, and administer estates for its accounting clients?
The Board concluded that an attorney may not be employed by a certified public accountant's firm to practice law for the firm's accounting clients, because the arrangement would involve sharing legal …
Can Ohio lawyers take part in a group TV ad that routes injury calls to the lawyer who paid for a geographic area?
The Board concluded that the Code contains no specific provision barring Ohio lawyers from group legal advertising, so lawyers may participate in a television campaign that routes calls to the attorne…
Can a probate judge serve on a community mental health board after a new law routes mental-health referrals through that board?
The Board concluded that, because a 1989 amendment to Ohio Rev. Code Ch. 5122 directs probate courts to refer mentally ill persons to community mental health boards, a probate judge or anyone performi…
Can a judge be paid to teach law courses at a college or university?
The Board concluded that under Canon 4A a judge may teach courses on the law, the legal system, and the administration of justice, and under Canon 6 may receive reasonable compensation if the source o…
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.