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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Could a legal aid lawyer who charged no fee solicit indigent people known to need representation, by direct mail or in person, after an eviction case was filed against them?
The Board concluded that a legal aid lawyer who received no fee could ethically solicit indigent clients known to need legal services by direct mail only, provided the communication was not false, fra…
Did a county public defender who was running for county prosecuting attorney have to resign as public defender, and what did the lawyer have to disclose to clients?
The Board concluded that nothing in the Code of Professional Responsibility automatically required a public defender to resign because of a candidacy for county prosecutor, but under former DR 5-101(A…
Could a law firm periodically send newsletters on general points of law to its established clients?
The Board concluded that a law firm could ethically send newsletters on general points of law to its established clients, so long as the newsletters contained no false, fraudulent, misleading, or dece…
Could a municipal court judge serve as a trustee of a retirement plan for the lay employees of a local Catholic Diocese?
The Board concluded that a municipal court judge could serve as a trustee of a retirement plan for the lay employees of a local Catholic Diocese, because former Canon 5B permitted a judge to serve as …
Did an 'acting judge' under Ohio Rev. Code 1901.10(A) have to comply with the Code of Judicial Conduct, and could that person later act as a lawyer in a case heard while serving as acting judge?
The Board concluded that an acting judge had to comply with the Code of Judicial Conduct while serving as judge, except for certain enumerated Canons (5C(2), (3), D, E, F, G, and 6C), and that one who…
Could a lawyer keep a family member's name on the firm letterhead after that person became a judge, when the two had never actually practiced together?
The Board concluded that a lawyer could not keep on the firm letterhead the name of a person who had become a judge and was not actively and regularly practicing law for the firm, citing former DR 2-1…
Under the former Ohio Code of Professional Responsibility, could a lawyer indicate on stationery that he had been certified as a Civil Trial Advocate by the National Board of Trial Advocacy?
The Board concluded that a lawyer could not indicate on letterhead that he was certified as a Civil Trial Advocate by the National Board of Trial Advocacy, because under former DR 2-105(A) and EC 2-13…
Under the former Ohio Code of Professional Responsibility, could a lawyer send a professional announcement card about a new firm association to commercial banks, savings and loans, and realtors with whom the lawyer had no specific prior contacts?
The Board concluded that under former DR 2-102(A)(2) and DR 2-105(A)(5), a lawyer could send a brief professional announcement card stating a new or changed association to banks, savings and loans, an…
Under the former Ohio Code of Professional Responsibility, could a lawyer become a member of the local Better Business Bureau if the BBB referred inquiries and complaints about lawyers to the local bar association?
The Board concluded that a lawyer could join the BBB provided the BBB continued its practice of forwarding inquiries and complaints regarding lawyers to a local bar association, because former DR 2-10…
Under the former Ohio Code of Professional Responsibility, could a lawyer or law firm advertise a legal seminar by direct mail to a targeted group and then conduct the seminar, and could the seminar be sponsored by the firm itself without bar association co-sponsorship?
The Board concluded that under former DR 2-101 and DR 2-104, a lawyer or law firm could promote a legal seminar through direct-mail advertising to targeted groups (such as members of a CPA society) pr…
Under the former Ohio Code of Professional Responsibility, could a lawyer send a written announcement to other lawyers offering to act as an associate or consultant in a particular branch of the law, and could the announcement promise a follow-up call?
The Board concluded that a lawyer could announce availability to other lawyers to act as a consultant or associate in a particular branch of law under former DR 2-105(A)(3), provided the announcement …
Under the former Ohio Code of Professional Responsibility, could an attorney advance litigation expenses for a contingent-fee client, and what happened if the client could not repay?
The opinion concluded that under former DR 5-103(B) an attorney could advance expenses of litigation provided the client remained ultimately liable for them, and that whether to seek reimbursement was…
Could a judge publicly endorse or oppose ballot issues, such as a county sales tax for a new jail and courthouse or a merit-selection plan for judges?
The Board concluded that judges could ethically endorse or oppose economic or political issues, provided the measures were intended to improve the law, the legal system, or the administration of justi…
Could a judge let a clothing store display the judge's photograph on a 'wall of fame' in exchange for free merchandise?
The Board concluded that a judge should not consent to having the judge's photograph displayed on a clothing store's 'wall of fame' in exchange for free neckties, because doing so would lend the prest…
Were court referees in Ohio required to complete the mandatory continuing legal education that the judiciary rules imposed on judges?
The Board concluded that referees, whether part-time or full-time, were not required to comply with Gov. Jud. R. IV, the rule mandating continuing legal education for judges, though the Board encourag…
Under the former Ohio Code of Judicial Conduct, could a judge speak out publicly against an organization the judge belonged to that the judge believed was engaged in racist and anti-Semitic activities?
The Board concluded that a judge could ethically express such views when asked by citizens, the media, or concerned organizations, as long as the judge did not initiate or become embroiled in ongoing …
Under former Canon 7B(2) of the Ohio Code of Judicial Conduct, how early could a candidate for judicial office begin fund-raising for primary and general elections?
The Board read former Canon 7B(2) to permit a judicial-campaign committee to solicit funds no earlier than 120 days before each election in which the candidate participated; a primary candidate could …
Under the former Ohio Code of Judicial Conduct, could a part-time juvenile division referee practice in the probate division of the same common pleas court before the judge who appointed him, and could the referee's firm members appear in either division?
The Board concluded that the part-time referee could not practice in his own division (Juvenile) nor before the judge who appointed him in any court; firm members could not appear before their colleag…
Under the former Ohio Code of Judicial Conduct and former R.C. 1907.16, could a county court judge appear as a lawyer in other geographic divisions of the same county court, and could the judge's law partners, shareholders, and office-mates appear in any division of that court?
The Board concluded that under R.C. 1907.16 a county court judge was disqualified from practicing law only as to matters pending or originating in that county court during the term of office; the judg…
Under the former Ohio Code of Judicial Conduct, what disqualifications applied when a common pleas judge sought to appoint as full-time domestic relations referee a former Bureau of Support prosecutor whose lawyer husband appeared locally?
The Board concluded that the common pleas judge should disqualify under Canon 3C(1) when the referee's husband or members of his firm appeared if impartiality might reasonably be questioned; the refer…
Under the former Ohio Code of Judicial Conduct, could a part-time juvenile court referee continue to serve as the President of, and run for re-election to, his local Board of Education, and was he required to file an annual financial disclosure statement?
The Board concluded that a part-time juvenile court referee could serve on a local Board of Education under Canon 5B(1) and (2) provided the activity did not reflect adversely on impartiality or inter…
Under the former Ohio Code of Judicial Conduct, could a judicial candidate (including an incumbent) promise to refuse plea bargaining in DWI cases or announce a specific sentencing policy for a category of criminal cases?
The Board concluded that under former Canon 7B(1)(c), a judicial candidate could not promise to handle a category of criminal offenses in a specific way if elected, nor announce a specific sentencing …
Under the former Ohio Code of Judicial Conduct, could the spouse of a common pleas judge serve as a prosecuting attorney in the same county, and was the judge required to disqualify from all cases prosecuted by that office?
The Board concluded that the judge's spouse could not appear as counsel in the judge's courtroom (Canon 3C(1)(d)(ii)) but could appear before other judges in the county; the disqualification of one pr…
Under the former Ohio Code of Judicial Conduct, was an incumbent judge automatically disqualified from hearing cases in which an election opponent, or members of the opponent's law firm, represented one of the parties?
The Board concluded that the incumbent judge was not automatically disqualified; under former Canon 3C(1) the judge should disqualify himself only when his impartiality might reasonably be questioned,…
Under the former Ohio Code of Judicial Conduct, could a son who was a law partner of a part-time municipal court judge serve as city law director and prosecute all city matters in his father's court?
The Board concluded that a conflict of interest existed both because of the father-son relationship and because the two men were law partners; under former Compliance Section A(2) a part-time judge's …
Under the former Ohio Code of Judicial Conduct, could a part-time domestic relations referee in a common pleas court practice law in the general, probate, and juvenile divisions of the same common pleas court?
The Board concluded that referees were considered judges under the former Code Compliance Section because they performed judicial functions, and as part-time judges under Compliance Section A(2) they …
Under the former Ohio Code of Judicial Conduct, could a common pleas judge serve on a county hazardous-materials task force whose purpose was to make recommendations on the county's ability to respond to hazardous materials incidents and spills?
The Board concluded that membership on the county Hazardous Materials Task Force would violate Canon 5G of the former Ohio Code of Judicial Conduct, because Canon 5G prohibited a judge from accepting …
Under the former Ohio Code of Judicial Conduct, could opposing candidates for a judicial office engage in a public debate immediately before a partisan primary election, and what restrictions applied to the format?
The Board concluded that the former Code did not specifically prohibit or allow public debates between judicial candidates, but that Canon 7B(1)(c) limited candidates to promising faithful and imparti…
Under the former Ohio Code of Judicial Conduct, could a probate-juvenile judge serve on the board of trustees of a not-for-profit fund-raising foundation whose proceeds went to agencies that appeared in the judge's court?
The Board concluded that the judge could serve only if the membership avoided fund-raising solicitation, did not lend the judge's name or office to solicitation, and did not interfere with the judge's…
Under the former Ohio Code of Judicial Conduct, could a retired judge eligible for recall to judicial service serve as a member or co-chairperson of a courthouse restoration committee whose function included raising one million dollars in private donations?
The Board concluded that under Compliance Section C and Canon 5B(3) of the former Ohio Code of Judicial Conduct, a retired judge eligible for recall could not solicit funds for any charitable or civic…
Under the former Ohio Code of Judicial Conduct, could the Chief Justice of the Ohio Supreme Court write a foreword for a book on the bicentennial of the U.S. Constitution without remuneration?
The Board concluded that writing a foreword to a book on the U.S. Constitution's bicentennial, without remuneration, did not violate the former Ohio Code of Judicial Conduct, because Canon 4(A) and Ca…
May a Common Pleas judge teach a class at a state university and accept reimbursement for it?
The opinion concluded that a Common Pleas judge could serve as a visiting lecturer at a state university so long as the activity did not interfere with judicial duties, and could accept reimbursement …
Does a local bar's grievance committee have to tell law-enforcement about criminal conduct it uncovers while investigating an attorney?
The opinion concluded that under EC 1-4 of the former Ohio Code of Professional Responsibility, a Certified Grievance Committee had a duty to notify law-enforcement authorities of criminal conduct dis…
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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.