Updated through October 4, 2024
Please check the status of the advisory opinions on the Status List.
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
| A | |
| ACQUIRING INTEREST IN CAUSE OF ACTION OR SUBJECT OF REPRESENTATION | |
| Op 04-008 | acquiring a mortgage on a client’s home to secure a legal fee |
| ADVANCING EXPENSES OF LITIGATION | |
| Op 87-001 | lawyer advancing expenses of litigation on behalf of client |
| Op 94-005 | lawyer suing client for expenses of litigation; settlement permitting client to pay an amount less than amount owed |
| Op 94-008 | lawyer sharing legal fee with nonattorney investigator as payment for investigative work |
| Op 94-011 | financing company loaning money to client |
| Op 95-002 | litigation expenses borne by client in fixed flat fee agreement |
| Op 95-012 | attorney following client’s instructions to pay all settlement funds to client when attorney is aware that client had am agreement with physician to pay medical expenses out of the proceeds of the settlement and attorney promised the physician to do so |
| Op 99-006 | attorney referring client awarded money judgment in a civil suit to a company that purchases a minority interest in the judgment on appeal |
| Op 01-003 | law firm obtaining a loan from a third party financial institution to advance expenses of litigation in a personal injury matter accepted on a contingent fee basis and deducting the interest fees and costs of the loan from a client’s settlement or judgment |
| Op 02-002 | lawyer providing loan applications and referring clients to lenders recommended to the law firm by a consulting company that receives a referral fee or commission from the lender for loans made to law firm clients and receives an annual consulting fee from the law firm |
| Op 12-003 | Non-recourse Civil Litigation Advance Contracts: Guidance for Ohio Lawyers |
| Op. 21-02 | Loan from Financial Institution to Advance Costs and Expenses of Litigation |
| Op. 23-10 | Lawyer’s Obligation When Letter of Protection Issued to Medical Services Provider |
| ADOPTION | |
| Op 88-009 | attorney offering legal services to organizations with discounted fee for adoption of “special children” |
| Op 91-019 | attorney receiving referrals from non-profit social service agency to assist parent with private adoption |
| ADVERTISING AND SOLICITATION | |
| Announcements | |
| Op 87-004 | announcing lawyer’s availability as consultant to lawyers |
| Op 87-034 | announcing lawyer’s new association |
| Op 87-048 | listing judge’s name on former firm’s letterhead, professional notices, or in firm name |
| Op 91-026 | contacting businesses to seek legal employment |
| Op 93-008 | former judge in private practice using statements as to prior judicial positions held; using titles such as “Judge,” “Honorable,” or “Former Judge” on letterheads, business cards, professional announcement cards, or law directory listings |
| Op 06-004 | attorney announcing the opening of a law office to members of the bar, business entities, and others by using a personalized letter and a biography; targeted direct mail solicitation requirements |
| Op 13-003 | Use of Judicial Titles by Former Judges |
| Op. 23-11 | Nonlawyer Employee Bonus Plan |
| Attorney to attorney | |
| Op 87-004 | lawyer announcing availability to act as a consultant to or associate of other lawyers |
| Op 02-006 | Ohio attorney contacting Ohio counsel for appellant or appellee to convey an interest in serving as appellate counsel; Ohio attorney contacting out-of-state counsel for out-of-state counsel to offer assistance as local counsel in matter filed in Ohio; Ohio attorney using direct mail solicitation to inquire whether an out-of-state corporate party is represented by counsel; communication in-person, telephone, mail, e-mail or facsimile |
| Auctions | |
| See AUCTIONS | |
| Better business bureau | |
| Op 87-027 | lawyer becoming member of better business bureau |
| Billboard | |
| Op 88-029 | lawyer advertising on billboard |
| Business cards | |
| Op 89-016 | office manager and other non-lawyer employees having business cards |
| Op 94-003 | attorney not engaged in practice of law; attorney engaged only in the practice of law; attorney engaged in both the practice of law and another profession or business |
| Op 12-002 | Identification of Nonlawyers on Law Firm Letterhead, Websites, and Business Cards |
| Brochures | |
| Op 98-001 | lawyer sending to a group a brochure advertising a group legal services plan |
| Op 99-005 | lawyer personally distributing law firm brochures at a street corner, at a booth at a fair, at a church festival, or at other similar events; lawyer directing another individual to distribute brochures |
| Op 15-002 | lawyer may make brochures and law firm information available near the exit of the seminar at which the lawyer has presented. |
| Client lists | |
| Op 00-006 | law firm’s Web site home page including quotations from clients, even with their consent, describing the general nature of the legal services provided, responsiveness of the law firm, and other non-substantive aspects of the firm’s representation; listing a client’s name with client consent in public communication such as a law firm Web site; law firm’s Web site providing a link from attorney’s biography to published opinions of cases in which attorney participated |
| Chiropractors | |
| Op 04-009 | attorney sending letter to chiropractor asking to meet to provide information regarding the attorney’s legal services; mutual referral agreements; self-recommendation |
| Client testimonials | |
| Op 89-024 | advertisements containing client testimonials |
| Op 00-006 | law firm’s Web site home page including quotations from clients, even with their consent, describing the general nature of the legal services provided, responsiveness of the law firm, and other non-substantive aspects of the firm’s representation; listing a client’s name with client consent in public communication such as a law firm Web site; law firm’s Web site providing a link from attorney’s biography to published opinions of cases in which attorney participated |
| Op 16-008 | client testimonials in advertisements, online, and in social media; settlement and verdict amounts |
| Op 17-001 | A lawyer who advertises litigation services on a contingent fee basis may not use statements such as “There is no charge unless we win your case” or “No fee without recovery,” if the lawyer intends to recover advanced litigation costs and expenses from the client, regardless of the outcome of the litigation. |
| Op. 23-11 | Nonlawyer Employee Bonus Plan |
| Contingent fees | |
| Op 98-009 | lawyer advertising contingent fees using statements such as “There’s no charge unless we win your case” or “You pay us only when we win” or “No fee without recovery” or “You pay no fee unless you win” |
| Op 16-011 | division of fees by lawyers not in same firm; written fee agreement; notice of lack of malpractice insurance |
| Op 17-001 | A lawyer who advertises litigation services on a contingent fee basis may not use statements such as “There is no charge unless we win your case” or “No fee without recovery,” if the lawyer intends to recover advanced litigation costs and expenses from the client, regardless of the outcome of the litigation. |
| Op. 24-04 | Fee Mediation or Arbitration Between Departed Lawyer and Former Law Firm |
| Coupons | |
| Op 05-009 | lawyer advertising with coupons for free consultation or dollars off the cost of legal services |
| Departing attorney | |
| Op 98-005 | departing attorney notifying clients of his or her departure from a law firm, identifying his or her new location of practice, and indicating a willingness to provide legal services at the new location; law firm notifying clients of the departure of a lawyer from the law firm and informing the clients of the law firm’s desire to provide continued representation of the client |
| Op 20-06 | Lawyer Departing Law Firm |
| Op. 23-08 | Departing Lawyer Reimbursing Firm for Advertising Costs |
| Op. 24-04 | Fee Mediation or Arbitration Between Departed Lawyer and Former Law Firm |
| Directories and law lists | |
| Op 88-004 | attorney listing in legal directory in domestic relations book published by non-lawyers; listing law firms by specialty in legal directory |
| Op 91-001 | listing attorneys with inactive registration status in law list or directory |
| Op 99-003 | attorney listed in online directory of professional association; links from attorney’s name to attorney’s e-mail address or law firm web site; links from online membership directory of one professional association to a related association |
| Dual practice of law and other profession | |
| Op 88-023 | lawyer and certified public accountant |
| Op 89-031 | lawyer employed by certified public accountant |
| Op 90-009 | lawyer and real estate agent |
| Op 92-012 | lawyer and farmer |
| Op 93-001 | legal advertisement identifying attorney’s degree in another field |
| Op 94-003 | attorney not engaged in practice of law; attorney engaged only in the practice of law; attorney engaged in both the practice of law and another profession or business |
| Op 94-007 | lawyer or law firm owning ancillary business that provides law related services |
| Op 00-004 | attorney providing financial planning services through the law firm to business and estate planning clients of the law firm and charging fee for financial services |
| Op 01-004 | lawyer who is licensed insurance agent selling annuities through law firm to estate planning clients of the lawyer |
| Op 20-08 | Providing Financial Planning Services and Products Through a Law Firm |
| See also INTERNET | |
| Op 04-001 | unsolicited commercial e-mail advertising of legal services by lawyers, lawyer advertising services, or lawyer referral services |
| Op 13-002 | Direct Contact with Prospective Clients: Text Messages |
| Op 17-003 | A lawyer may use email to solicit professional employment |
| Esquire | |
| Op 91-024 | use of “Esquire” by person licensed in another state but employed by Ohio company as a collection manager |
| Facsimile | |
| Op 02-006 | Ohio attorney contacting Ohio counsel for appellant or appellee to convey an interest in serving as appellate counsel; Ohio attorney contacting out-of-state counsel for out-of-state counsel to offer assistance as local counsel in matter filed in Ohio; Ohio attorney using direct mail solicitation to inquire whether an out-of-state corporate party is represented by counsel; communication in-person, telephone, mail, e-mail or facsimile |
| Firm Name | |
| See FIRM NAME | |
| Former Client | |
| Op. 23-07 | Discharged Lawyer’s Solicitation of Former Client |
| In-person solicitation | |
| Op 99-005 | lawyer personally distributing law firm brochures at a street corner, at a booth at a fair, at a church festival, or at other similar events; lawyer directing another individual to distribute brochures |
| Op 02-006 | Ohio attorney contacting Ohio counsel for appellant or appellee to convey an interest in serving as appellate counsel; Ohio attorney contacting out-of-state counsel for out-of-state counsel to offer assistance as local counsel in matter filed in Ohio; Ohio attorney using direct mail solicitation to inquire whether an out-of-state corporate party is represented by counsel; communication in-person, telephone, mail, e-mail or facsimile |
| Op 05-007 | attorney volunteering in a bar association sponsored program providing public education and pro bono legal services regarding advance directive forms; individual lawyers or law firms, acting on their own and not through a proper auspice such as a bar association, to provide public education and pro bono legal services regarding advance directive forms |
| Op 15-002 | lawyer may not meet contemporaneously with prospective clients who attend a legal seminar, at which the lawyer presented, to answer legal questions, even if the attendees sign up to do so in advance. An exception exists for lawyers providing pro bono legal services. However, a “prior professional relationship” exception does not apply to prospective clients who are employees of an existing organizational client of the presenting lawyer. |
| Internet | |
| See INTERNET | |
| Letterhead | |
| See LETTERHEAD | |
| Newsletter | |
| Op 88-001 | to established clients |
| Op 88-022 | to non-clients |
| Op 89-008 | members of teachers’ association prepaid legal service plan |
| Op 92-020 | newsletters to clients, friends, local businesses, professional and gov’t offices |
| Past Results | |
| Op 02-007 | advertising that lists settlement or verdict amounts obtained in past cases |
| Op 03-002 | providing statistics to attorneys, business clients, and potential clients regarding the number of intellectual property matters won, lost, and settle by the law firm |
| Op 16-008 | client testimonials in advertisements, online, and in social media; settlement and verdict amounts |
| Radio | |
| Op 94-013 | participation in radio talk shows to educate public, acceptance of employment |
| Seminars | |
| Op 87-007 | advertising and conducting |
| Op 94-013 | advertising, sponsoring, co-sponsoring, and acceptance of legal business from legal seminars; educational radio talk shows |
| Op 15-002 | lawyer may present a legal seminar to prospective clients and may make brochures and law firm information available near the exit of the seminar. A lawyer may not meet contemporaneously with prospective clients who attend the legal seminar to answer legal questions, even if the attendees sign up to do so in advance. An exception exists for lawyers providing pro bono legal services. However, a “prior professional relationship” exception does not apply to prospective clients who are employees of an existing organizational client of the presenting lawyer. |
| Settlement or verdict amounts | |
| Op 02-007 | advertising that lists settlement or verdict amounts obtained in past cases |
| Op 03-002 | providing statistics to attorneys, business clients, and potential clients regarding the number of intellectual property matters won, lost, and settle by the law firm |
| Op 16-008 | client testimonials in advertisements, online, and in social media; settlement and verdict amounts |
| Specialization | |
| Op 87-039 | certification on letterhead |
| Op 88-004 | fields of practice or term “specialize” in legal directory or law list |
| Op 88-028 | advertisement of handling specific types of cases |
| Op 92-012 | non-legal background of lawyer in advertisement |
| Op 93-001 | non-legal background of lawyer in advertisement |
| Op 93-005 | advertising fields of practice in telephone directory |
| Op 98-004 | recommendation letters by judges or attorney hearing officers for applicants seeking certification as specialists |
| Op 05-006 | attorney participating in television station’s advertising and public service program entitled “Ask the Expert” |
| Op 18-005 | lawyer and firm website domain names |
| Op. 20-12 | Lawyer or Law Firm Use of Service Mark |
| Op. 21-05 | Communication of a Lawyer Specialization in a Field of Law Not Designated by the Supreme Court |
| Op. 21-12 | Letter of Recommendation Provided by Judge |
| Statistics | |
| Op 02-007 | advertising that lists settlement or verdict amounts obtained in past cases |
| Op 03-002 | providing statistics to attorneys, business clients, and potential clients regarding the number of intellectual property matters won, lost, and settle by the law firm |
| Targeted direct mail | |
| Op 87-007 | advertising legal seminar to targeted groups |
| Op 88-003 | indigent clients, legal aid society |
| Op 90-021 | potential clients known to need legal services |
| Op 91-004 | potential clients from foreclosures or suits |
| Op 91-026 | contacting business to seek legal employment |
| Op 92-002 | contacting potential or actual class members during pendency of class action suit |
| Op 92-020 | newsletters to targeted/nontargeted groups |
| Op 94-013 | advertising, sponsoring, co-sponsoring, and acceptance of legal business from legal seminars; educational radio talk shows |
| Op 02-006 | Ohio attorney contacting Ohio counsel for appellant or appellee to convey an interest in serving as appellate counsel; Ohio attorney contacting out-of-state counsel for out-of-state counsel to offer assistance as local counsel in matter filed in Ohio; Ohio attorney using direct mail solicitation to inquire whether an out-of-state corporate party is represented by counsel; communication in-person, telephone, mail, e-mail or facsimile |
| Op 04-001 | unsolicited commercial e-mail advertising of legal services by lawyers, lawyer advertising services, or lawyer referral services |
| Op 06-004 | attorney announcing the opening of a law office to members of the bar, business entities, and others by using a personalized letter and a biography; targeted direct mail solicitation requirements |
| Op 07-005 | lawyer’s or law firm’s advertising of legal services to a prospective business client through a personalized letter addressed to a contact person at the business |
| Op 13-002 | Direct Contact with Prospective Clients: Text Messages |
| Op. 23-02 | Solicitation of Clients by Nonprofit Legal Aid Lawyers |
| Telephone advertising | |
| Op 87-004 | follow up call to lawyers after written announcement card regarding availability to serve as consultant |
| Op 88-027 | talking yellow pages |
| Op 89-006 | fields of practice in yellow pages |
| Op 90-002 | telemarketing |
| Op 91-026 | follow up call to businesses |
| Op 93-005 | fields of practice, display ads in yellow pages |
| Op 02-006 | Ohio attorney contacting Ohio counsel for appellant or appellee to convey an interest in serving as appellate counsel; Ohio attorney contacting out-of-state counsel for out-of-state counsel to offer assistance as local counsel in matter filed in Ohio; Ohio attorney using direct mail solicitation to inquire whether an out-of-state corporate party is represented by counsel; communication in-person, telephone, mail, e-mail or facsimile |
| Op 04-012 | attorney advertising in telephone directories |
| Op 05-006 | attorney participating in television station’s advertising and public service program entitled “Ask the Expert” |
| Op 13-002 | Direct Contact with Prospective Clients: Text Messages |
| Telephone legal advice | |
| Op 92-010 | legal advice over the telephone for fee |
| Op 93-001 | 900 service to provide legal and nonlegal advice |
| Telephone salutation | |
| Op 95-001 | attorneys sharing office space |
| Television advertising | |
| Op 89-030 | group advertising through televised injury helpline |
| Op 91-007 | lawyer referral service providing joint advertising, screening and referral |
| Op 92-003 | group advertising of legal service/electronic switching of calls to 800 number based on market areas designated by zip code |
| Op 92-010 | television advertising of telephone legal advice |
| Trade magazine | |
| Op 92-012 | lawyer/farmer legal ad in farmer’s trade magazine |
| Trade name | |
| See FIRM NAME | |
| Trade Show | |
| Op 99-005 | lawyer personally distributing law firm brochures at a street corner, at a booth at a fair, at a church festival, or at other similar events; lawyer directing another individual to distribute brochures |
| Verdict or settlement amounts | |
| Op 02-007 | advertising that lists settlement or verdict amounts obtained in past cases |
| Op 16-008 | client testimonials in advertisements, online, and in social media; settlement and verdict amounts |
| Op.18-003 | settlement agreement prohibiting a lawyer’s disclosure of information contained in a court record |
| AFFIDAVIT OF DISQUALIFICATION | |
| Op 98-002 | attorney stating in an affidavit of disqualification of a judge that the attorney has filed a disciplinary grievance against the judge when the grievance has not been certified as a formal complaint |
| ALCOHOL AND SUBSTANCE ABUSE | |
| Op 90-019 | certified grievance committees sharing substance abuse information about lawyer being investigated with a lawyers’ assistance committee |
| AMENDED COMPLAINTS | |
| Op 90-018 | relator amending complaint prior to hearing |
| ANCILLARY BUSINESS | |
| See also DUAL PRACTICE; JUDGES | |
| Op 88-018 | legal research and writing service |
| Op 90-023 | business that provides lawyers or law firms with temporary lawyers |
| Op 94-007 | attorney or law firm owning ancillary business that provides law-related services |
| Op 97-005 | attorneys forming ancillary business to serve small and medium sized businesses by conducting negotiations of legal fees between each business and its retained counsel |
| Op 00-004 | attorneys providing financial planning services through the law firm to business and estate planning clients of the law firm and charging fee for financial services |
| Op 01-004 | lawyer who is licensed insurance agent selling annuities through law firm to estate planning clients of the lawyer |
| Op 03-001 | law firm’s representation of buyers and sellers of business entities; laws firm’s assistance in locating buyers or sellers through the law firm or through ancillary business; law firm’s referrals to business broker; law firm’s referrals to lenders; law firm’s fee based on percentage of transaction price; law firm sharing fee with business broker |
| Op 20-08 | Providing Financial Planning Services and Products Through a Law Firm |
| ARBITRATION | |
| Op 89-022 | judge serving as trustee of a claimant’s fund and acting as an arbitrator |
| Op 90-015 | lawyer as arbitrator in labor management disputes; lawyer subject to Code of Professional Responsibility |
| Op 96-009 | engagement letter between a lawyer and an individual client requiring client to agree to arbitrate fee disputes, legal malpractice disputes, or professional ethical misconduct disputes |
| Op 13-003 | Use of Judicial Titles by Former Judges |
| Op. 21-03 | Lawyer -Shareholder Representing a Closely Held Corporation in a Private Arbitration |
| ATTEMPTS TO LIMIT LIABILITY | |
| See LIMITING LIABILITY | |
| ATTORNEY REGISTRATION | |
| See REGISTRATION | |
| ATTORNEY CLIENT PRIVILEGE | |
| See ATTORNEY CLIENT RELATIONSHIP; CLIENT FILES; CONFIDENTIALITY; DUTY TO REPORT | |
| ATTORNEY CLIENT RELATIONSHIP | |
| See also CONFIDENTIALITY | |
| Op 88-030 | client’s authority to make decisions regarding representation |
| Op 90-010 | client of the Child Support Enforcement Agency attorney; choice as a requirement for existence of attorney client relationship |
| Op 97-003 | attorney’s surreptitious recording of conversations with clients, opposing parties, opposing counsel, and others |
| Op 99-008 | attorney’s duty to notify court of a clerical error in a defendant’s sentence in a judgment entry drafted by a prosecutor’s office; duty to notify court of a possible misinterpretation of a sentence by the Department of Rehabilitation and Corrections. |
| Op 12-001 | Surreptitious (Secret) Recording by Lawyers |
| Op 12-003 | Non-recourse Civil Litigation Advance Contracts: Guidance for Ohio Lawyers |
| Op 13-004 | Cross-Examination of a Former Criminal Client in an Unrelated Matter |
| AUCTIONS | |
| Op 02-005 | lawyer donating legal services to be auctioned or used as a prize drawing at a fund raiser for a charitable organization. |
| Op 19-007 | lawyer donating legal services to be auctioned or raffled at a fund raiser for a charitable organization |
| AVOIDING DISCIPLINE | |
| Op 10-003 | as part of settlement of malpractice claim, lawyer requiring a current or former client to withdraw a disciplinary grievance or to refrain from filing a grievance |
| B | |
| BAR ASSOCIATIONS | |
| See also CERTIFIED GRIEVANCE COMMITTEES | |
| Op 90-005 | judge suggesting programs to bar associations |
| Op 91-029 | judge endorsing candidate for elective office to bar association |
| Op 92-001 | lawyer paying percentages of fees earned to bar association; requirements as to co-counsel; requirements as to fee dispute arbitration |
| Op 95-006 | lawyer paying percentage of fees earned to organization other than a bar association |
| Op 05-007 | attorney volunteering in a bar association sponsored program providing public education and pro bono legal services regarding advance directive forms; individual lawyers or law firms, acting on their own and not through a proper auspice such as a bar association, to provide public education and pro bono legal services regarding advance directive forms |
| Op 10-003 | as part of settlement of malpractice claim, lawyer requiring a current or former client to withdraw a disciplinary grievance or to refrain from filing a grievance |
| Op 11-003 | Abusing the Prestige of Judicial Office:Bar Association Elections |
| BUSINESS ACTIVITIES | |
| See also ANCILLARY BUSINESS; CONFLICTS OF INTEREST; DUAL PRACTICE; JUDGES; REFERRALS AND RECOMMENDATIONS | |
| Op 87-027 | lawyer member of Better Business Bureau |
| Op 03-001 | law firm’s representation of buyers and sellers of business entities; laws firm’s assistance in locating buyers or sellers through the law firm or through ancillary business; law firm’s referrals to business broker; law firm’s referrals to lenders; law firm’s fee based on percentage of transaction price; law firm sharing fee with business broker |
| Op 04-008 | acquiring a mortgage on a client’s home to secure a legal fee |
| C | |
| CAMPAIGN PRACTICES | |
| See JUDGES | |
| CERTIFIED GRIEVANCE COMMITTEE | |
| Op 86-001 | grievance committee reporting criminal activity of attorney being investigated |
| Op 89-018 | grievance committee or disciplinary counsel appointing attorney to inventory files of dead, resigned, suspended, disbarred attorney or attorney who cannot be located |
| Op 90-018 | relator amending complaint prior to hearing |
| Op 90-019 | grievance committee sharing information with Lawyers’ Assistance Comm. |
| Op 92-004 | retired or inactive attorneys serving as members of certified grievance committee |
| Op 93-006 | representation of attorneys in disciplinary matters by grievance committee members; by partners and associates of grievance committee members; by partners and associates of Board members |
| CERTIFIED PUBLIC ACCOUNTING | |
| Op 88-023 | dual profession as lawyer and certified public accountant |
| Op 89-031 | certified public accounting firm hiring lawyer |
| CHILD SUPPORT ENFORCEMENT AGENCY | |
| Op 90-001 | attorney for agency represents state; part-time private practice; non-attorney employees handling intake, doing interviews, and preparing forms |
| Op 06-006 | CSEA staff attorney representing the state in a contempt action filed against a party for failure to abide by a court order involving a CSEA matter in which that staff attorney issued administrative orders as a CSEA administrative hearing officer; representing the state in any other action involving a CSEA matter in which that staff attorney participated as the CSEA hearing officer making determinations or issuing administrative orders; representing the state in an action in which a party is a person who once appeared before the staff attorney who served as the administrative hearing officer |
| Op. 23-06 | Child Support Enforcement Agency Staff Attorney’s Prior Service as a Child Support Enforcement Agency Administrative Hearing Officer |
| CHIROPRACTOR | |
| See also PHYSICIAN; SAFEKEEPING FUNDS AND PROPERTY OF CLIENT AND THIRD PERSONS | |
| Op 04-009 | attorney sending letter to chiropractor asking to meet to provide information regarding the attorney’s legal services; mutual referral agreements; self-recommendation |
| CLASS ACTIONS | |
| Op 87-001 | advancing funds to client |
| Op 92-002 | contacting potential or actual class members during pending class action |
| CLIENT FILES | |
| See FILES | |
| CLIENT FUNDS AND PROPERTY | |
| See FEES; FILES; WITHDRAWAL FROM REPRESENTATION | |
| COGNOVIT NOTE | |
| Op 93-003 | attorney confessing judgment |
| Op 14-003 | attorney confessing judgment |
| COMMINGLING | |
| See TRUST ACCOUNT | |
| COMMUNICATION | |
| Allocation of authority between client and lawyer | |
| Op 10-006 | lawyer entering into a contingent fee agreement whereby client grants lawyer a power of attorney to take any action and execute all documents the attorney deems necessary in the matter, including but not limited to signing on the client’s behalf a settlement agreement and release, a settlement check, or a closing statement |
| Op. 20-002 | preparation of deed upon direction of real estate agent |
| Attorney to attorney | |
| Op 02-006 | Ohio attorney contacting Ohio counsel for appellant or appellee to convey an interest in serving as appellate counsel; Ohio attorney contacting out-of-state counsel for out-of-state counsel to offer assistance as local counsel in matter filed in Ohio; Ohio attorney using direct mail solicitation to inquire whether an out-of-state corporate party is represented by counsel; communication in-person, telephone, mail, e-mail or facsimile |
| Client | |
| Op 12-003 | Non-recourse Civil Litigation Advance Contracts: Guidance for Ohio Lawyers |
| Op 13-004 | Cross-Examination of a Former Criminal Client in an Unrelated Matter |
| Prospective client | |
| Op 91-015 | confidences and secrets of a person who consults with an attorney but does not hire the attorney; attorney called as impeachment witness |
| Op 16-010 | duty to preserve confidential information of prospective clients; compelled testimony of lawyer |
| Op 20-003 | Duty of Disclosure of Prospective Client’s Fraudulent Conduct |
| Represented parties | |
| Op 88-011 | attorney for landlord contacting tenant when landlord knew tenant was represented by an attorney in a previous eviction action |
| Op 88-032 | purchaser’s attorney communicating with seller at real estate closing |
| Op 90-020 | attorney communication with current and former employees of corporation |
| Op 92-007 | attorney communication with government officials, bodies, and employee |
| Op 96-001 | attorney communication with former employees of a corporation |
| Op 05-003 | counsel representing interest adverse to corporation communicating without consent of corporation’s lawyer when corporate counsel asserts blanket representation of corporation and its current and former employees |
| Op 06-005 | attorney, appointed to serve in a dual role as a child’s attorney and guardian ad litem, communicating on the subject of the representation with a represented person or party |
| Op 16-005 | counsel representing interest adverse to corporation communicating without consent of corporation’s lawyer when corporate counsel asserts blanket representation of corporation and its current and former employees |
| Op. 24-02 | Communication While Serving in a Dual Role as Guardian ad Litem and Attorney |
| Unrepresented parties | |
| Op 96-002 | attorney communication with opposing party who is a minor and is unrepresented by counsel |
| Op. 23-09 | Opposing Counsel’s Preparation of Application to Settle a Minor’s Claim |
| Recorded | |
| Op 97-003 | attorney’s surreptitious recording of conversations with client, opposing parties, opposing counsel, and others |
| Op 12-001 | Surreptitious (Secret) Recording by Lawyers |
| COMPATIBLE/INCOMPATIBLE POSITIONS | |
| See CONFLICTS OF INTEREST; JUDGES; PROSECUTORS; PUBLIC DEFENDERS; PUBLIC OFFICIALS/EMPLOYEES | |
| CONFIDENTIALITY | |
| Op 86-001 | grievance committee informing law enforcement officials of criminal activities of lawyer being investigated |
| Op 89-005 | attorney sharing office space preserving confidentiality of attorney client relationship |
| Op 90-001 | attorney reporting unprivileged knowledge of another attorney’s misconduct |
| Op 90-004 | attorney reporting to Internal Revenue Service that client paid $10,000 in cash |
| Op 90-007 | attorney revealing client fraud |
| Op 90-010 | attorney for child support enforcement agency privately representing clients in pre-divorce hearings |
| Op 90-019 | grievance committee members sharing information with Lawyers’ Assistance Committee |
| Op 91-009 | attorneys with separate law practices in same building preserving confidences and secrets of clients; division of fees; non-attorney employees |
| Op 91-015 | attorney’s duty to protect confidences and secrets of a prospective client who consults with attorney but does not hire; attorney called to testify as impeachment witness |
| Op 92-019 | assistant county prosecutor protecting confidences when sharing office space or subletting from attorney who does criminal defense work |
| Op 93-006 | grievance committee members privately representing attorneys in disciplinary matters |
| Op 93-011 | attorney obtaining privileged information inadvertently through public records search |
| Op 98-002 | attorney stating in an affidavit of disqualification of a judge that the attorney has filed a disciplinary grievance against the judge when the grievance has not been certified as a formal complaint |
| Op 08-003 | disposition of client funds in a lawyer’s IOLTA or individual client trust account when either the identity or the whereabouts of the client who is the owner of the funds is unknown; reporting unclaimed funds to the state; duty of safekeeping funds and duty to protect client’s confidentiality |
| Op 09-006 | outsourcing legal or support services domestically or abroad, either directly to lawyers or nonlawyers or indirectly through an independent service provider; disclosure; supervision; billing as fee or expense |
| Op 12-003 | Non-recourse Civil Litigation Advance Contracts: Guidance for Ohio Lawyers |
| Op 13-004 | Cross-Examination of a Former Criminal Client in an Unrelated Matter |
| Op 16-002 | attorney reporting unprivileged knowledge of another attorney’s misconduct |
| Op 16-010 | duty to preserve confidential information of prospective clients; compelled testimony of lawyer |
| Op 20-003 | Duty of Disclosure of Prospective Client’s Fraudulent Conduct |
| Op. 22-11 | Lawyers Sharing Office Space, Nonlawyer Staff, and Dividing Fees |
| Op. 24-05 | Lawyer’s Receipt of Inadvertently Sent Information Obtained Through Public Records Request |
| CONFLICTS OF INTEREST | |
| See also JUDGES; OHIO ETHICS LAW; CRIMINAL DEFENSE REPRESENTATION; PROSECUTORS; PUBLIC DEFENDERS; PUBLIC OFFICIALS | |
| Agreements to limit liability | |
| See LIMITING LIABILITY | |
| Agreement to indemnify opposing party | |
| Op 11-001 | plaintiff’s lawyer personally agreeing, as a condition of settlement, to indemnify the opposing party from any and all claims by third persons to the settlement funds; lawyer proposing or requiring, as a condition of settlement, that a plaintiff’s lawyer make a personal agreement to indemnify the opposing party from any and all claims by third person to the settlement funds |
| Agreements restricting right to practice | |
| Op 90-014 | restrictive covenants in partnership or employment agreements |
| Op-91-003 | requiring departing associate to pay fees to firms |
| Op 18-03 | settlement agreement prohibiting a lawyer’s disclosure of information contained in a court record |
| Op 19-04 | practice restrictions in proposed settlement agreements |
| Op 20-01 | covenant not to compete offered to in-house counsel |
| Op. 23-13 | Settlement Agreement Prohibiting a Lawyer’s Disclosure of Information Contained in a Public Record |
| Ancillary Businesses | |
| Op 94-007 | attorneys owning ancillary business |
| Op 00-004 | attorney providing financial planning services through the law firm to business and estate planning clients of the law firm and charging fee for financial services |
| Op 03-001 | law firm’s representation of buyers and sellers of business entities; laws firm’s assistance in locating buyers or sellers through the law firm or through ancillary business; law firm’s referrals to business broker; law firm’s referrals to lenders; law firm’s fee based on percentage of transaction price; law firm sharing fee with business broker |
| Op 20-08 | Providing Financial Planning Services and Products Through a Law Firm |
| Assign/Sell Legal Fee | |
| Op 04-002 | attorney, upon reaching settlement agreement in a client’s legal matter, selling or assigning his or her legal fee to a funding company in exchange for immediate cash at a small discount to the full value of the legal fee. |
| Auction | |
| Op 02-005 | lawyer donating legal services to be auctioned or used as a prize drawing at a fund raiser for a charitable organization. |
| Op 19-007 | lawyer donating legal services to be auctioned or raffled at a fund raiser for a charitable organization |
| Cognovit notes | |
| Op 93-003 | attorney confessing judgment |
| Op 14-003 | attorney confessing judgment |
| Corporate director | |
| See also CORPORATIONS | |
| Op 08-002 | lawyer on board of directors of corporation but not corporate counsel representing a client in a lawsuit against the corporation; material limitation conflict; conflict imputed to firm members and associates; no waiver of conflict |
| Disqualification of Lawyers/Imputed Disqualification | |
| Op 89-005 | representation of opposing parties by attorneys who share office space; imputed disqualification rule not applied |
| Op 87-024 | prosecuting attorney practicing law before spouse who is judge; disqualification not imputed to other members of prosecutor’s office appearing before fellow prosecutor’s spouse who is judge |
| Op 88-008 | part-time prosecutor representing criminal defendants; member of a prosecuting attorney’s law firm representing criminal defendants.(Withdrawn in part) |
| Op 88-020 | county commissioner appearing as lawyer before Court of Common Pleas; partners of county commissioners appearing before Court of Common Pleas; screening devices |
| Op 89-009 | criminal defense attorney employed as associate in same law firm as county prosecutor; county prosecutor’s disqualification from representing criminal defendants imputed to associate in private practice; duty to report |
| Op 89-013 | representation of client against former client; representation by law firm members; screening wall |
| Op 90-010 | part-time CSEA attorney representing criminal or traffic clients in private practice; members of a part-time CSEA attorney’s law firm representation of criminal defendants |
| Op 92-013 | prosecutor screening assistant prosecutor from cases in which defendant is represented by criminal defense attorney who shares office space with assistant prosecutor |
| Op 93-006 | representation of attorneys in disciplinary matters by certified grievance members; by partners or associates of certified grievance committee members; by partners or associates of Board members |
| Op 93-007 | representation of opposing parties by assistant county prosecutor and criminal defense attorney who are spouses; representation by law partners and associate of criminal defense attorney; prosecution by other attorneys in prosecutor’s office |
| Op 93-010 | attorneys from separate division of legal aid society representing opposing parties; screening wall |
| Op 96-006 | city council person privately representing clients in civil and criminal matters in municipal court |
| Op 97-002 | retired attorney serving as “of counsel” to two different law firms formed by former partners; imputed disqualification to all lawyers and law firms connected by the “of counsel” relationship |
| Op 08-004 | assistant county public defender representing co-defendants at a preliminary hearing in a felony case; representation by two different assistant public defenders in the same county public defender’s office; assistant county public defender representing one co-defendant in a felony case while simultaneously representing the other co-defendant in an unrelated misdemeanor case; representation by two different assistant public defenders in the same county public defender’s office; representation of a criminal defendant when a former client in an unrelated matter is a witness in the defendant’s criminal case |
| Op 08-005 | city director of law or assistant city director of law representing criminal defendants; lawyers associated in a law firm with city director of law or assistant city director of law representing criminal defendants in a proceeding prosecuted by city director of law or assistant city director of law; lawyer associated in a law firm with city director of law or assistant city director of law being privately retained to represent criminal defendants;lawyer associated in a law firm with city director of law or assistant city director of law serving as court appointed counsel, public defender, or co-counsel to a public defender |
| Op 10-005 | assistant state public defender in central appellate office conducting a merit review, prosecuting an appeal, or pursuing a post-conviction remedy asserting that another assistant state public defender in a trial branch office rendered ineffective assistance at trial; imputation of conflict of interest of trial branch office and central appellate office assistant state public defenders |
| Op 14-002 | members of part-time prosecutor’s law firm representing criminal defendants; part-time prosecutors representing criminal defendants |
| Op 19-005 | city director of law determining whether conflict of interest exists in the representation of city, city officials, or city entities; representation by assistant city law directors. |
| Op 19-008 | criminal defense lawyer employed as associate in same law firm as county prosecutor; county prosecutor’s disqualification from representing criminal defendants imputed to associate in private practice; duty to report |
| Op. 20-04 | concurrent representation of clients with disparate interests involving the same matter |
| Op. 20-05 | law director acting as an advocate in a trial in which another lawyer in the same office is a witness |
| Op. 22-05 | Lawyer Notarization of Affidavit of Client |
| Op. 22-06 | Conflicts Arising out of Personal Relationships with Opposing Counsel |
| Donation of legal services as fund raiser for charitable organization | |
| Op 02-005 | lawyer donating legal services to be auctioned or used as a prize drawing at a fund raiser for a charitable organization. |
| Op 19-007 | lawyer donating legal services to be auctioned or raffled at a fund raiser for a charitable organization |
| Employment by certified public accountant firm | |
| Op 89-031 | preparing trusts, wills, pension and estate returns for CPA firm’s clients |
| Fee payments from third persons | |
| Op 90-022 | payment of fees by third party trustee bank |
| Op 99-006 | attorney referring client awarded money judgment in a civil suit to a company that purchases a minority interest in the judgment on appeal |
| Op 00-002 | attorney submitting detailed legal bills to an outside audit company hired by insurer without first obtaining client consent after full disclosure |
| Op 03-003 | insurance defense attorney abiding by an insurance company’s litigation management guidelines in the representation of an insured |
| Financial Assistance to client | |
| See also ADVANCING EXPENSES OF LITIGATION | |
| Op 11-001 | plaintiff’s lawyer personally agreeing, as a condition of settlement, to indemnify the opposing party from any and all claims by third persons to the settlement funds; lawyer proposing or requiring, as a condition of settlement, that a plaintiff’s lawyer make a personal agreement to indemnify the opposing party from any and all claims by third person to the settlement funds |
| Financial Planning | |
| Op 00-004 | attorney providing financial planning services through the law firm to business and estate planning clients of the law firm and charging fee for financial services |
| Op 20-08 | Providing Financial Planning Services and Products Through a Law Firm |
| Former Clients | |
| Op 13-004 | Cross-Examination of a Former Criminal Client in an Unrelated Matter |
| Funeral Director | |
| Op 88-012 | attorney’s free consultation as part of funeral package offered by funeral director |
| Insurance Agent | |
| Op 01-004 | lawyer who is licensed insurance agent selling annuities through law firm to estate planning clients of the lawyer |
| Intermediary | |
| Op 88-030 | lawyer’s employment by not-for-profit legal services corporation serving union members; client’s authority to make decisions regarding representation |
| Op 89-004 | lawyer’s employment by legal service corporation; governing board setting priorities for allocation of resources |
| Op 89-031 | lawyer’s employment by certified public accountant’s firm |
| Op 90-023 | lawyer placement services |
| Op 92-015 | business corporation retaining law firm to assist in sale of legal forms that includes advice, counseling, preparation, and drafting |
| Op 92-017 | lawyer for corporations representing corporation’s clients |
| Op 94-009 | salaried attorneys employed by insurance company participating in “in-house firm” to pursue subrogation claims and deductibles |
| Op 94-011 | financing company requiring attorney to pay percentage of legal fee in exchange for loan to client |
| Op 95-014 | salaried attorneys employed by insurance company participating in “in house firm” to pursue subrogation claims and deductibles |
| Op 99-006 | attorney referring client awarded money judgment in a civil suit to a company that purchases a minority interest in the judgment on appeal |
| Op 00-002 | attorney submitting detailed legal bills to an outside audit company hired by insurer without first obtaining client consent after full disclosure |
| Op 00-003 | insurance defense attorney abiding by an insurance company’s litigation management guidelines in the representation of an insured |
| Op 02-001 | law firm entering a business agreement to pay annual fee to a real estate agency and to offer discounted legal services to customers of the real estate agency in exchange for the agency promoting the law firm as a service provider in a real estate benefits program |
| Op 20-09 | Payment of an Annual Fee to a Real Estate Agency for Participation in Benefits Program |
| Op. 24-01 | In-House Lawyer Representation of Corporation’s Customers |
| Lawyer’s interests adverse to client | |
| Op 89-005 | two attorneys sharing office space representing opposing parties in a divorce |
| Op 90-009 | representation of client as lawyer and realtor |
| Op 92-007 | corporation’s lawyer representing corporation’s clients |
| Op 92-006 | criminal defense lawyer owning house arrest program |
| Legal interns | |
| Op 16-004 | employment of Gov.Bar R. II legal interns as law clerks |
| Former magistrate | |
| Op 17-004 | a former magistrate may not represent a client in a matter over which the former magistrate presided while on the bench, unless all parties give informed consent, confirmed in writing. |
| Member of more than one firm | |
| Op 89-035 | attorney practicing with more than one legal professional association or law firm |
| Op 97-002 | retired attorney serving as “of counsel” to two different law firms formed by retired attorney’s former partners upon dissolution of the partnership; reference to advice offered in Op. 89-35 |
| Op 97-007 | attorney not licensed in Ohio but licensed in another state being a member, partner, or other equity holder in an Ohio law firm; being a member, partner, or other equity holder in two unrelated firms |
| Op 13-001 | Simultaneous Practice in Multiple Firms |
| Multiple representations | |
| Op 88-021 | lawyer for public entity that contracts with an agency seeking land variance representing landowners opposed to variance |
| Op 93-010 | representation of opposing parties by two separate divisions of a legal aid society |
| Op 03-001 | law firm’s representation of buyers and sellers of business entities; laws firm’s assistance in locating buyers or sellers through the law firm or through ancillary business; law firm’s referrals to business broker; law firm’s referrals to lenders; law firm’s fee based on percentage of transaction price; law firm sharing fee with business broker |
| Op 07-004 | city director of law determining whether conflict of interest exists in the representation of city, city officials, or city entities; representation by assistant city law directors. |
| Op 08-004 | assistant county public defender representing c0-defendants at a preliminary hearing in a felony case; representation by two different assistant public defenders in the same county public defender’s office; assistant county public defender representing one co-defendant in a felony case while simultaneously representing the other co-defendant in an unrelated misdemeanor case; representation by two different assistant public defenders in the same county public defender’s office; representation of a criminal defendant when a former client in an unrelated matter is a witness in the defendant’s criminal case |
| Op 09-003 | county prosecuting attorney representing multiple statutory clients in the negotiation of a contract or a memorandum of understanding; representing multiple statutory client in the filing of a lawsuit by one of the client asserting a claim against the other; representation by different assistant prosecuting attorneys |
| Op 09-004 | domestic relations lawyer-mediator preparing necessary legal documents for filing by or on behalf of one or both parties in a domestic relations proceeding; application of ethical rules and Ohio Ethics Law to subsequent representation by court employee lawyer-mediator |
| Op 19-005 | conflicts of part-time law director and imputation to part-time law director’s firm |
| Op 19-009 | county prosecutor’s office’s representation of adverse clients |
| Op. 20-04 | concurrent representation of clients with disparate interests involving the same matter |
| Of counsel | |
| Op 97-002 | retired attorney serving as “of counsel” to two different law firms formed by retired attorney’s former partners upon dissolution of the partnership |
| Op 08-001 | lawyer in law firm serving as “of counsel” to another lawyer or law firm; ethical implications of the “of counsel” relationship as to registration status, firm names and letterhead, division of fees, conflicts of interest, multiple “of counsel” relationships; and “of counsel” relationship with out-of-state lawyers or law firms |
| Op 14-004 | law firm entering into an “of counsel” relationship with another law firm |
| Proprietary interest in cause of action or subject matter of litigation | |
| Op 04-008 | acquiring a mortgage on a client’s home to secure a legal fee |
| Op 12-003 | Non-recourse Civil Litigation Advance Contracts: Guidance for Ohio Lawyers |
| Public Defender | |
| Op 08-004 | assistant county public defender representing co-defendants at a preliminary hearing in a felony case; representation by two different assistant public defenders in the same county public defender’s office; assistant county public defender representing one co-defendant in a felony case while simultaneously representing the other co-defendant in an unrelated misdemeanor case; representation by two different assistant public defenders in the same county public defender’s office; representation of a criminal defendant when a former client in an unrelated matter is a witness in the defendant’s criminal case |
| Op 10-005 | assistant state public defender in central appellate office conducting a merit review, prosecuting an appeal, or pursuing a postconviction remedy asserting that another assistant state public defender in a trial branch office rendered ineffective assistance at trial; imputation of conflict of interest of trial branch office and central appellate office assistant state public defenders |
| Op 13-004 | Cross-Examination of a Former Criminal Client in an Unrelated Matter |
| Referral Fees | |
| Op 92-001 | lawyer paying percentages of fees earned to bar association; requirements as to co-counsel; requirements as to fee dispute arbitration |
| Op 95-006 | lawyer paying percentage of fees earned to organization other than a bar association |
| Op 00-001 | lawyer accepting a referral fee from a financial services group for referring clients in need of financial services |
| Op 00-005 | attorney participating as a “referral affiliate attorney” for an online referral service that requires the attorney to pay the service a percentage of legal fees earned from the clients referred |
| Op 02-001 | law firm entering a business agreement to pay annual fee to a real estate agency and to offer discounted legal services to customers of the real estate agency in exchange for the agency promoting the law firm as a service provider in a real estate benefits program |
| Op 19-010 | lawyer accepting a referral fee from a financial services group for referring clients in need of financial services |
| Op 20-09 | Payment of an Annual Fee to a Real Estate Agency for Participation in Benefits Program |
| Relatives representing opposing parties | |
| Op 90-010 | representation of opposing parties by part-time child support enforcement agency attorney and part-time public defender who are siblings in private practice |
| Op 91-022 | representation of opposing parties by prosecuting attorney and criminal defense attorney who are siblings and former law partners |
| Op 93-007 | representation of opposing parties by assistant county prosecutor and criminal defense attorney who are spouses; representation by law partners and associates of criminal defense attorney; representation by other attorneys in county prosecutor’s office |
| Op. 22-06 | Conflicts Arising out of Personal Relationships with Opposing Counsel |
| Representation adverse to existing client | |
| Op 89-005 | attorneys sharing office space or attorneys in same law firm representing opposing sides in a contested divorce proceeding |
| Op 89-025 | representation of opposing parties by legal aid society and volunteer lawyers’ project when case referred by leg aid society to voluntary lawyers’ project |
| Op 92-007 | corporation’s lawyer representing corporation’s clients |
| Op 93-010 | two separate divisions of a legal aid society representing opposing parties |
| Op 19-01 | representation of adverse party in unrelated matters |
| Op. 20-10 | Law Firm Concurrent Representation of Adverse Clients in the Same Transaction |
| Representation adverse to former client | |
| Op 88-024 | attorney representing a client against a former client; withdrawal from representation in workers’ compensation matter |
| Op 89-013 | attorney representing a client against a former client; disqualification of firm members |
| Op 13-004 | Cross-Examination of a Former Criminal Client in an Unrelated Matter |
| Op. 19-001 | Representation of Adverse Party in Unrelated Matters |
| CONSULTING SERVICES | |
| Op 87-004 | attorney’s availability as consultant to attorneys |
| Op 88-007 | judge as paid consultant for persons seeking elective office |
| CONTINUING LEGAL EDUCATION | |
| Op 87-041 | referee’s compliance with continuing legal education requirements |
| Op 91-001 | attorneys with inactive or retired registration status exemption from continuing legal education requirements |
| Op 91-010 | judge as partner in a for profit partnership to provide continuing legal education |
| Op 92-004 | attorneys with inactive or retired registration status lecturing on legal subjects at continuing legal education programs |
| Op 92-014 | referees and magistrates soliciting or accepting financial support for annual educational meeting |
| Op 95-009 | judge receiving compensation for teaching continuing legal education classes; receiving compensation for motivational speeches |
| Op. 22-08 | Judge Attendance at Exclusive Training for Members of Law Enforcement and Prosecutors |
| COUNTY COMMISSIONER | |
| See PUBLIC OFFICIALS/EMPLOYEES | |
| CORPORATIONS | |
| See also FINANCING COMPANY; LEGAL PROFESSIONAL ASSOCIATION/LIMITED LIABILITY COMPANY/LIMITED LIABILITY PARTNERSHIP; LEGAL SERVICES PLANS | |
| Op. 89-31 | certified public accounting firm hiring lawyer to write trusts and wills, prepare pension and estate tax returns and administer estates for the firm’s accounting clients |
| Op. 90-13 | appearing on client’s letterhead as general counsel |
| Op 90-020 | communication with former and current corporate employees by attorney representing adverse party |
| Op 91-024 | use of “Esquire” on corporate letters by collections manager of Ohio corporation when not licensed to practice law in Ohio |
| Op 91-026 | attorney contacting business to seek legal employment to handle corporate work |
| Op 92-015 | corporation’s sale of legal forms; issuance of advice drafting of form; assistance by law firm |
| Op 92-017 | corporation’s attorney providing legal representation to corporation’s clients |
| Op 94-009 | attorney employed by insurance company pursuing subrogation claims and collecting deductibles on behalf of insureds through an “in house law firm” |
| Op 95-014 | salaried attorneys employed by insurance company participating in “in-house law firm” to pursue subrogation claims and deductibles |
| Op 96-001 | attorney communication with former employees of a corporation |
| Op 05-003 | counsel representing interest adverse to corporation communicating without consent of corporation’s lawyer when corporate counsel asserts blanket representation of corporation and its current and former employees |
| Op 08-002 | lawyer on board of directors of corporation but not corporate counsel representing a client in a lawsuit against the corporation; material limitation conflict; conflict imputed to firm members and associates; no waiver of conflict |
| Op 09-005 | lawyer or law firm listed as “General Counsel” or similar reference on letterhead of client organization; use of designation in signing correspondence written on behalf of the client organization |
| Op 10-001 | lawyer naming a law firm the lawyer’s surname followed by the words Intellectual Property or the initials IP; area of practice or specialization in law firm name constitutes a trade name; name of a law firm formed under a corporate structure includes proper descriptive designations required by law and rule |
| Op 16-005 | counsel representing interest adverse to corporation communicating without consent of corporation’s lawyer when corporate counsel asserts blanket representation of corporation and its current and former employees |
| Op. 21-03 | Lawyer -Shareholder Representing a Closely Held Corporation in a Private Arbitration |
| Op. 24-01 | In-House Lawyer Representation of Corporation’s Customers |
| CRIMINAL DEFENSE REPRESENTATION | |
| See also PROSECUTORS; PUBLIC DEFENDERS | |
| Op 88-025 | lawyer’s statements regarding criminal investigation |
| Op 88-033 | criminal defense lawyer’s blanket motion to suppress |
| Op 89-009 | criminal defense attorney employed in same law office as county prosecutor |
| Op 90-004 | IRS reporting requirement |
| Op 92-006 | criminal defense lawyer’s ownership in house arrest program |
| Op 92-013 | criminal defense lawyer and assistant prosecutor sharing office space |
| Op 94-006 | criminal defense lawyer as special prosecutor |
| Op 94-010 | prosecutor’s agreement to dismiss criminal charges that lack merit in exchange for defendant’s release of civil claims |
| Op 94-014 | criminal defense lawyer and assistant prosecutor sharing office space and co-counseling on civil cases |
| Op 16-001 | flat fee agreement paid in advance permitted in criminal defense representation |
| Op 99-008 | criminal defense attorney’s duty to notify court of a clerical error in a defendant’s sentence in a judgment entry drafted by the prosecutor’s office; duty to notify court of a possible misinterpretation of a sentence by the Department of Rehabilitation and Corrections |
| Op 01-006 | prosecutor negotiating and criminal defense attorney advising a defendant to enter a plea agreement that waives the defendant’s appellate or postconviction claims of ineffective assistance of trial counsel or prosecutorial misconduct |
| Op 03-007 | judge appointing attorney to serve as special prosecutor in the same county (and even in the same court) in which the attorney represents criminal defendants |
| Op 07-006 | court appointed lawyer for indigent criminal defendant providing notice to defendant that lawyer does not maintain professional liability insurance |
| Op 08-004 | assistant county public defender representing c0-defendants at a preliminary hearing in a felony case; representation by two different assistant public defenders in the same county public defender’s office; assistant county public defender representing one co-defendant in a felony case while simultaneously representing the other co-defendant in an unrelated misdemeanor case; representation by two different assistant public defenders in the same county public defender’s office; representation of a criminal defendant when a former client in an unrelated matter is a witness in the defendant’s criminal case |
| Op 08-005 | city director of law or assistant city director of law representing criminal defendants; lawyers associated in a law firm with city director of law or assistant city director of law representing criminal defendants in a proceeding prosecuted by city director of law or assistant city director of law; lawyer associated in a law firm with city director of law or assistant city director of law being privately retained to represent criminal defendants; lawyer associated in a law firm with city director of law or assistant city director of law serving as court appointed counsel, public defender, or co-counsel to a public defender |
| Op 08-006 | city director of law or assistant city director of law who has no legal duty to represent the state of Ohio may represent criminal defendants under certain conditions; village solicitor who has no legal duty to represent the state of Ohio may represent criminal defendants under similar conditions; court appointments subject to R.C. 120.39 |
| Op 10-005 | assistant state public defender in central appellate office conducting a merit review, prosecuting an appeal, or pursuing a postconviction remedy asserting that another assistant state public defender in a trial branch office rendered ineffective assistance at trial; imputation of conflict of interest of trial branch office and central appellate office assistant state public defenders |
| Op 13-004 | Cross-Examination of a Former Criminal Client in an Unrelated Matter |
| Op 16-012 | representation of criminal defendant when married to officer employed by the arresting or investigating agency |
| Op. 19-008 | criminal defense lawyer employed as associate in same law firm as county prosecutor; county prosecutor’s disqualification from representing criminal defendants imputed to associate in private practice; duty to report |
| Op. 22-12 | Prosecutor Preparation of Judgment Entry |
| D | |
| DECEASED ATTORNEY | |
| Op 89-018 | files of dead, resigned, suspended, or disbarred attorney |
| DEPARTING ATTORNEY | |
| See also FILES; RESTRICTIVE COVENANTS | |
| Op 98-005 | departing attorney notifying clients of his or her departure from a law firm, identifying his or her new location of practice, and indicating a willingness to provide legal services at the new location; law firm notifying clients of the departure of a lawyer from the law firm and informing the clients of the law firm’s desire to provide continued representation of the client |
| Op 20-06 | Lawyer Departing Law Firm |
| Op. 23-08 | Departing Lawyer Reimbursing Firm for Advertising Costs |
| DEPOSITIONS | |
| Op 02-004 | paralegal taking deposition; out-of-state attorney taking deposition in Ohio; Ohio attorney taking deposition in state outside of Ohio |
| Op. 22-13 |
Taking of a Deposition by a Paralegal or Out-of-State Lawyer |
| DISBARRED LAWYER | |
| See SUSPENDED/DISBARRED LAWYER | |
| DISCIPLINARY COUNSEL | |
| See CERTIFIED GRIEVANCE COMMITTEE | |
| DIVISION OF FEES | |
| See FEES | |
| DUAL PRACTICE | |
| See ADVERTISING, Dual practice of law and other profession | |
| DUTY TO REPORT | |
| Certified Grievance Committee’s duty | |
| Op 86-001 | certified grievance committee reporting criminal conduct of lawyer |
| Op 90-019 | certified grievance committee sharing information with Lawyer Assistance Committee |
| Judge’s duty | |
| Op 89-032 | judge reporting lawyer misconduct |
| Op 08-007 | employment of disqualified (disbarred or resigned with discipline pending) or suspended attorney |
| Op 17-002 | judge reporting lawyer misconduct |
| Lawyer’s duty | |
| Op 89-009 | municipal court prosecutor reporting that criminal defense lawyer is employed by same firm as county prosecutor |
| Op 90-001 | lawyer reporting privileged information from client regarding attorney misconduct |
| Op 90-004 | lawyer reporting cash payments to IRS |
| Op 90-007 | lawyer reporting client fraud to court |
| Op 99-008 | criminal defense attorney’s duty to notify court of a clerical error in a defendant’s sentence in a judgment entry drafted by the prosecutor’s office; duty to notify court of a possible misinterpretation of a sentence by the Department of Rehabilitation and Corrections |
| Op 05-010 | attorney reporting unclaimed funds pursuant to R.C. Chapter 169 |
| Op 07-001 | lawyer’s duty to report professional misconduct |
| Op 08-007 | employment of disqualified (disbarred or resigned with discipline pending) or suspended attorney |
| Op 16-002 | lawyer reporting privileged information from client regarding attorney misconduct |
| Op 19-008 | criminal defense lawyer employed as associate in same law firm as county prosecutor; county prosecutor’s disqualification from representing criminal defendants imputed to associate in private practice; duty to report |
| Op 20-003 | Duty of Disclosure of Prospective Client’s Fraudulent Conduct |
| Op. 21-09 | Employment of a Disqualified or Suspended Lawyer |
| E | |
| See INTERNET | |
| EMPLOYMENT DISQUALIFIED OR SUSPENDED ATTORNEY | |
| Op 08-007 | employment of disqualified (disbarred or resigned with discipline pending) or suspended attorney |
| ESQUIRE | |
| Op 91-024 | use of “Esquire by collections manager who is an attorney but not licensed in Ohio |
| ETHICS LAW | |
| See OHIO ETHICS LAW | |
| EXECUTOR | |
| See WILLS | |
| EXPARTE COMMUNICATION | |
| See COMMUNICATION WITH ADVERSE PARTIES | |
| F | |
| FEDERAL PRACTICE | |
| Op 91-006 | attorney not admitted in Ohio setting up office for practice of federal law |
| Op 91-025 | preparation, filing, and prosecution of patent applications by full-time judge |
| FEES | |
| See also SETTLEMENT | |
| Arbitration | |
| Op 96-009 | engagement letter between a lawyer and an individual client requiring client to agree to arbitrate fee disputes, legal malpractice disputes, or professional ethical misconduct disputes |
| Assign/Sell | |
| Op 04-002 | attorney, upon reaching settlement agreement in a client’s legal matter, selling or assigning his or her legal fee to a funding company in exchange for immediate cash at a small discount to the full value of the legal fee. |
| Audits | |
| Op 00-002 | attorney submitting detailed legal bills to an outside audit company hired by insurer without first obtaining client consent after full disclosure |
| Cash | |
| Op 90-004 | attorney reporting cash payments of $10,000 or more |
| Contingent | |
| Op 95-007 | fee agreement in which attorney can choose contingent or hourly fee depending upon which is larger fee |
| Op 98-009 | lawyer advertising contingent fees using statements such as “There’s no charge unless we win your case” or “You pay us only when we win” or “No fee without recovery” or “You pay no fee unless you win” |
| Op 99-006 | attorney referring client awarded money judgment in a civil suit to a company that purchases a minority interest in the judgment on appeal |
| Op 01-003 | law firm obtaining a loan from a third party financial institution to advance expenses of litigation in a personal injury matter accepted on a contingent fee basis and deducting the interest fees and costs of the loan from a client’s settlement or judgment |
| Op 04-012 | attorney advertising in telephone directories; inclusion of contingent fee information |
| Op 09-009 | plaintiff’s personal injury lawyer retaining outside law firm to provide health care lien resolution services in a settled matter; charging the client for the service as part of the contingent fee or as an expense of litigation |
| Op 10-006 | lawyer entering into a contingent fee agreement whereby client grants lawyer a power of attorney to take any action and execute all documents the attorney deems necessary in the matter, including but not limited to signing on the client’s behalf a settlement agreement and release, a settlement check, or a closing statement |
| Op 16-011 | division of fees by lawyers not in same firm; written fee agreement; notice of lack of malpractice insurance |
| Op. 21-02 | Loan from Financial Institution to Advance Costs and Expenses of Litigation |
| Op. 23-12 | Charging Lien in a Contingent Fee Agreement Based on Highest Settlement Offer |
| Op. 24-03 | Propriety of Fee Agreement Permitting Conversion from an Hourly Rate to a Contingent Fee |
| Credit cards | |
| Op 91-012 | client paying by credit card |
| Op 07-003 | lawyer accepting credit card payments from clients for earned legal fees, reimbursement of expenses, advances on unearned legal fees, and advances on future expenses; deposit into client trust account versus business account |
| Op 17-001 | A lawyer who advertises litigation services on a contingent fee basis may not use statements such as “There is no charge unless we win your case” or “No fee without recovery,” if the lawyer intends to recover advanced litigation costs and expenses from the client, regardless of the outcome of the litigation. |
| Delinquent fees | |
| Op 91-012 | charging interest on delinquent accounts |
| Op 91-016 | use of collection agencies |
| Discounted Fee | |
| Op 88-009 | attorney offering legal services at a discounted fee for handling adoptions of “special children” |
| Op 88-012 | lawyer’s free consultation to survivor as part of a funeral director’s package |
| Op 89-008 | attorney participating in a legal services plan offering free consultation and discounted legal fees to members of teachers ‘ association |
| Op 02-001 | law firm entering a business agreement to pay annual fee to a real estate agency and to offer discounted legal services to customers of the real estate agency in exchange for the agency promoting the law firm as a service provider in a real estate benefits program |
| Op 04-002 | attorney, upon reaching settlement agreement in a client’s legal matter, selling or assigning his or her legal fee to a funding company in exchange for immediate cash at a small discount to the full value of the legal fee. |
| Op 20-09 | Payment of an Annual Fee to a Real Estate Agency for Participation in Benefits Program |
| Division among lawyers | |
| Op 87-004 | sharing with lawyer consultant; referral fees prohibited |
| Op 88-026 | “responsibility assumed” |
| Op 88-031 | when no services provided |
| Op 89-002 | sharing with suspended or disbarred lawyer |
| Op 91-001 | payment to inactive partners pursuant to separation or retirement agreement |
| Op 91-003 | departing attorney/law firm/employ agreement |
| Op 91-004 | partners licensed in different jurisdictions |
| Op 91-005 | practice in association but not partners |
| Op 91-009 | separate law practices in same building |
| Op 92-001 | lawyer paying bar association referral service a percentage of legal fees collected from client referred by the service |
| Op 03-003 | lawyers not in the same firm dividing fees based upon assuming responsibility rather than the proportion of services performed; disclosure and signed written agreements; notice regarding lack of professional liability insurance |
| Op 04-011 | Ohio attorney practicing law in Ohio law firm and becoming “of counsel” to a lawyer or law firm in another state; out-of-state attorney becoming “of counsel” to a lawyer or law firm in Ohio; division of fee with “of counsel” attorney |
| Op 08-001 | lawyer in law firm serving as “of counsel” to another lawyer or law firm; ethical implications of the “of counsel” relationship as to registration status, firm names and letterhead, division of fees, conflicts of interest, multiple “of counsel” relationships; and “of counsel” relationship with out-of-state lawyers or law firms |
| Op 09-009 | plaintiff’s personal injury lawyer retaining outside law firm to provide health care lien resolution services in a settled matter; charging the client for the service as part of the contingent fee or as an expense of litigation |
| Op 16-011 | division of fees by lawyers not in same firm; written fee agreement; notice of lack of malpractice insurance |
| Op. 21-07 | Employment Agreements Regarding Division of Fees Earned Post-Separation |
| Op. 22-11 | Lawyers Sharing Office Space, Nonlawyer Staff, and Dividing Fees |
| Op. 23-08 | Departing Lawyer Reimbursing Firm for Advertising Costs |
| Op. 24-04 | Fee Mediation or Arbitration Between Departed Lawyer and Former Law Firm |
| Division with non-lawyers | |
| Op 89-031 | employment by CPA firm to provide legal services to CPA firm’s clients |
| Op 92-001 | lawyer paying bar association referral service a percentage of legal fees collected from clients referred by the service |
| Op 92-015 | law firm assisting business corporation in sale of forms and issuance of legal advice |
| Op 92-017 | corporation’s attorney representation of corporation’s client |
| Op 94-008 | attorney sharing contingency fee with non-lawyer private investigator |
| Op 94-011 | financing company requiring attorney to prospectively agree to pay the company a percentage of a legal fee when earned in exchange for the company’s agreement to loan money to the client. |
| Op 95-006 | attorneys paying non-profit organizations other than bar associations a percentage of the legal fees earned from referred clients |
| Op 02-012 | attorney’s transfer of shares in a legal professional association to an irrevocable trust for the benefit of individuals not licensed to practice law |
| Op 04-002 | attorney, upon reaching settlement agreement in a client’s legal matter, selling or assigning his or her legal fee to a funding company in exchange for immediate cash at a small discount to the full value of the legal fee. |
| Op. 19-002 | Transfer on Death of a Lawyer’s Shares in a Law Firm to a Revocable Trust |
| Op. 24-01 | In-House Lawyer Representation of Corporation’s Customers |
| Fixed flat fees | |
| Op 95-002 | flat fee agreement with client/insurer/third party administrator |
| Op 16-001 | flat fee agreement paid in advance of representation |
| Op 97-007 | flat fee agreement with insurer for defending insureds |
| Op 00-004 | attorneys providing financial planning services through the law firm to business and estate planning clients of the law firm and charging fee for financial services |
| Op 96-004 | a flat fee paid in advance of representation in a legal matter should not be deemed nonrefundable. |
| Financial planning fees | |
| Op 00-004 | attorneys providing financial planning services through the law firm to business and estate planning clients of the law firm and charging fee for financial services |
| Op 20-08 | Providing Financial Planning Services and Products Through a Law Firm |
| Interest | |
| Op 91-012 | charging interest on delinquent accounts |
| Op 04-008 | acquiring a mortgage on a client’s home to secure a legal fee; interest or charges on mortgage |
| Letters of protection | |
| Op 95-012 | payment to client of all settlement funds despite client’s agreement with physician to pay medical expenses out of the proceeds of a settlement and attorneys promise to do so |
| Op 07-007 | safekeeping funds of a third person when lawyer knows a third person has a lawful claim to funds in the lawyer’s possession |
| Op. 23-10 | Lawyer’s Obligation When Letter of Protection Issued to Medical Services Provider |
| Mortgage to secure legal fee | |
| Op 04-008 | acquiring a mortgage on a client’s home to secure a legal fee |
| Negotiation | |
| Op 97-005 | attorney forming ancillary business to serve small and medium sized businesses by conducting negotiations of legal fees between each business and its retained counsel |
| Outsourcing legal or support services | |
| Op 09-006 | outsourcing legal or support services domestically or abroad, either directly to lawyers or nonlawyers or indirectly through an independent service provider; disclosure; supervision; billing as fee or expense |
| Op 09-006 | plaintiff’s personal injury lawyer retaining outside law firm to provide health care lien resolution services in a settled matter; charging the client for the service as part of the contingent fee or as an expense of litigation |
| Retainer | |
| Op 88-031 | enforcement of retainer agreement after withdrawal when no services performed |
| Op 89-007 | deposit of retainer in separate identifiable bank account—IOLTA |
| Op 16-001 | flat fee in paid in advance deposited into IOLTA |
| Referral | |
| Op 00-001 | lawyer accepting a referral fee from a financial services group for referring clients in need of financial services |
| Op 02-001 | law firm entering a business agreement to pay annual fee to a real estate agency and to offer discounted legal services to customers of the real estate agency in exchange for the agency promoting the law firm as a service provider in a real estate benefits program |
| Op 19-010 | lawyer accepting a referral fee from a financial services group for referring clients in need of financial services |
| Op 20-09 | Payment of an Annual Fee to a Real Estate Agency for Participation in Benefits Program |
| Third Party Payment | |
| Op 90-022 | payment of legal fees by third party trustee bank to attorney representing grantor of trust |
| Op 90-023 | payment of legal fees by law firm to temporary lawyer service |
| Op 99-006 | attorney referring client awarded money judgment in a civil suit to a company that purchases a minority interest in the judgment on appeal |
| Op 01-003 | law firm obtaining a loan from a third party financial institution to advance expenses of litigation in a personal injury matter accepted on a contingent fee basis and deducting the interest fees and costs of the loan from a client’s settlement or judgment |
| Op. 21-02 | Loan from Financial Institution to Advance Costs and Expenses of Litigation |
| Trust Account | |
| See TRUST ACCOUNT | |
| Withdrawal from representation | |
| Op 88-024 | fees from former client after withdrawal from representation |
| Op 88-031 | enforcement of retainer agreement when no services performed |
| FILES | |
| Op 89-018 | grievance committee or disciplinary counsel appointing attorney to inventory files of dead, resigned, suspended, disbarred attorney or attorney who cannot be located |
| Op 91-019 | computer access of client files by attorney with separate practices in same building |
| Op 92-008 | attorney’s ethical duty to deliver files to former client |
| Op 92-019 | attorney’s purchase of client files and client list |
| Op 10-002 | lawyer’s duty to deliver lawyer’s notes of interview with a current or former client when current or former client requests client file |
| Op 19-006 | lawyer’s ethical duty to deliver files to former client |
| Op. 23-04 | Compliance with Subpoena Duces Tecum for Former Client’s File |
| FINANCIAL DISCLOSURE STATEMENTS | |
| Op 87-032 | part-time referee filing |
| Op 89-022 | judge reporting compensation for serving as trustee of claimant’s fund |
| Op 91-028 | clerk and deputy clerk Court of Claims filing |
| Op 94-012 | judge reporting compensation for teaching at state private colleges or universities on topics related to the law, legal system, or administration of justice |
| Op 95-008 | judge reporting registration fee from trial lawyers association |
| Op 95-009 | judge reporting compensation for teaching continuing legal education classes or courses |
| Op 98-010 | judge reporting honorary country club membership, round of golf, tickets to sports events |
| Op 03-006 | judge reporting referee fees |
| Op 06-001 | part-time judge or part-time magistrate reporting compensation for activities as a licensed real-estate salesperson |
| Op 07-002 | judge receiving accounts receivable from former law firm for legal services provided by the judge prior to assuming judicial office; judge receiving retirement benefits from former law firm pursuant to law firm agreement; reporting on financial disclosure statement |
| Op 09-002 | juvenile court judge (or court staff) accepting travel expenses (payment or reimbursement of travel, meals, and lodging from the owners of a private placement facility that receives or seeks to receive placements of juveniles by the court; juvenile court judge (or court staff) attending a conference and accepting a gratuitous non-conference meal paid for by a private placement facility that receives or seeks to receive placements of juveniles by the court; reporting on annual financial disclosure statement |
| Op. 21-11 | Extrajudicial Activities of Teaching and Speaking |
| FINANCING COMPANY | |
| Op 94-011 | financing company requiring attorney to prospectively agree to pay the company a percentage of a legal fee when earned in exchange for the company’s loan to client |
| Op 99-006 | attorney referring client awarded money judgment in a civil suit to a company that purchases a minority interest in the judgment on appeal |
| Op 01-003 | law firm obtaining a loan from a third party financial institution to advance expenses of litigation in a personal injury matter accepted on a contingent fee basis and deducting the interest fees and costs of the loan from a client’s settlement or judgment |
| Op 02-002 | lawyer providing loan applications and referring clients to lenders recommended to the law firm by a consulting company that receives a referral fee or commission from the lender for loans made to law firm clients and receives an annual consulting fee from the law firm |
| Op 04-002 | attorney, upon reaching settlement agreement in a client’s legal matter, selling or assigning his or her legal fee to a funding company in exchange for immediate cash at a small discount to the full value of the legal fee. |
| Op 12-003 | Non-recourse Civil Litigation Advance Contracts: Guidance for Ohio Lawyers |
| Op. 21-02 | Loan from Financial Institution to Advance Costs and Expenses of Litigation |
| FINANCIAL PLANNING | |
| Op 00-001 | lawyer accepting a referral fee from a financial services group for referring clients in need of financial services |
| Op 00-004 | attorneys providing financial planning services through the law firm to business and estate planning clients of the law firm and charging fee for financial services |
| Op 01-004 | lawyer who is licensed insurance agent selling annuities through law firm to estate planning clients of the lawyer |
| Op 19-010 | lawyer accepting a referral fee from a financial services group for referring clients in need of financial services |
| Op 20-08 | Providing Financial Planning Services and Products Through a Law Firm |
| FIRM NAMES | |
| Op 87-048 | use of judge’s name |
| Op 88-016 | use of associate’s name if non-shareholder in legal professional association |
| Op 88-018 | use of trade name for litigation support services |
| Op 88-019 | continued use of firm name by lawyers who share office space but who are no longer partners |
| Op 89-027 | use of trade name by law office providing standardized services, use of term “legal center” |
| Op 89-036 | use of disclaimer on letterhead of attorneys who share office space |
| Op 91-004 | use of trade name “debt relief clinic”; use of name of attorney not licensed in Ohio |
| Op 91-018 | use of attorney’s name when attorney has retired or inactive registration status or is of counsel |
| Op 95-001 | use of “and Associates” in firm name |
| Op 96-003 | legal professional association continuing to use the name of an attorney in the association’s firm name after the attorney is granted inactive registration status |
| Op 97-001 | attorney practicing law under a common trade name franchised to attorneys across the nation |
| Op 99-004 | attorney using firm name or other letters, words, or numbers as domain name for law firm’s world wide web site |
| Op 06-002 | solo practitioner naming law firm “The X Law Group” when “X” is the solo practitioner’s surname and “X” employs one or more attorneys as associates; use of “Group” or “Law Group” or “and Associates” in a firm name; reference to paralegals, other non-attorney personnel, office sharing attorneys or other “of counsel” attorneys |
| Op 08-001 | lawyer in law firm serving as “of counsel” to another lawyer or law firm; ethical implications of the “of counsel” relationship as to registration status, firm names and letterhead, division of fees, conflicts of interest, multiple “of counsel” relationships; and “of counsel” relationship with out-of-state lawyers or law firms |
| Op 10-001 | lawyer naming a law firm the lawyer’s surname followed by the words Intellectual Property or the initials IP; area of practice or specialization in law firm name constitutes a trade name; name of a law firm formed under a corporate structure includes proper descriptive designations required by law and rule |
| Op 20-07 | Use of Surname of Retiring or Inactive Lawyer in Law Firm Name and Letterhead |
| Op. 20-11 | Trade Name Used as Law Firm Name |
| Op. 20-12 | Lawyer or Law Firm Use of Service Mark |
| FORMER CLIENTS | |
| Op 88-024 | withdrawal from representation in a workers compensation matter; representation of employers after representing claimants |
| Op 89-013 | representation adverse to former client |
| Op 92-008 | attorney’s ethical duty to deliver files to former client |
| Op 10-002 | lawyer’s duty to deliver lawyer’s notes of interview with a current or former client when current or former client requests client file |
| Op 13-004 | Cross-Examination of a Former Criminal Client in an Unrelated Matter |
| Op. 23-04 | Compliance with Subpoena Duces Tecum for Former Client’s File |
| FRANCHISE | |
| Op 97-001 | attorney practicing law under a common trade name franchised to attorneys across the nation |
| FUNERAL DIRECTORS | |
| Op 88-012 | lawyer’s free consultation to survivor as part of a funeral director’s package |
| G | |
| GUARDIAN AD LITEM | |
| Op 06-005 | attorney, appointed to serve in a dual role as a child’s attorney and guardian ad litem, communicating on the subject of the representation with a represented person or party |
| Op. 24-02 | Communication While Serving in a Dual Role as Guardian ad Litem and Attorney |
| GIFTS | |
| See JUDGES, Gifts | |
| GOVERNMENT LAWYERS | |
| See PROSECUTORS; PUBLIC DEFENDERS; PUBLIC OFFICIALS/EMPLOYEES | |
| GROUP LEGAL SERVICES | |
| Op 89-008 | law firm participating in group legal services for various teachers’ associations |
| Op 91-017 | lawyer writing union representative requesting that the attorney’s firm be considered for recommendation of employment to the union membership |
| Op 98-001 | lawyer receiving referrals from a group legal services plan established by the lawyer and offered through an organization formed and operated by the lawyer |
| Op 02-011 | lawyer participating in a group legal services plan paid for by a church to provide estate planning services at no cost to church members |
| H | |
| HEALTH CARE LIEN RESOLUTION SERVICES | |
| Op 09-009 | plaintiff’s personal injury lawyer retaining outside law firm to provide health care lien resolution services in a settled matter; charging the client for the service as part of the contingent fee or as an expense of litigation |
| HONORARIUM | |
| Op 94-012 | judge accepting compensation for teaching at colleges or universities on the law, the legal system, or the administration of justice |
| Op 95-009 | judge accepting compensation for teaching continuing legal education; compensation for motivational speaking |
| Op 06-003 | probate judge teaching a course on adult protective services at a training program for employees of county departments of job and family services and receiving compensation |
| I | |
| INACTIVE STATUS | |
| See REGISTRATION | |
| INADVERTENT DISCLOSURE | |
| Op 93-011 | lawyer’s duty upon receiving privileged information inadvertently disclosed through public records search |
| Op. 24-05 | Lawyer’s Receipt of Inadvertently Sent Information Obtained Through Public Records Request |
| INSURANCE | |
| Op 94-009 | salaried attorneys employed by insurance company participating in “in-house firm” to pursue subrogation claims and deductibles |
| Op 95-014 | salaried attorneys employed by insurance company participating in “in-house firm” to pursue subrogation claims and deductibles |
| Op 97-007 | attorney or law firm entering contract with insurer to do defense work for fixed flat fee |
| Op 00-002 | attorney submitting detailed legal bills to an outside audit company hired by insurer without first obtaining client consent after full disclosure |
| Op 00-003 | insurance defense attorney abiding by an insurance company’s litigation management guidelines in the representation of an insured |
| Op 01-004 | lawyer who is licensed insurance agent selling annuities through law firm to estate planning clients of the lawyer |
| Op. 20-08 | Providing Financial Planning Services and Products Through a Law Firm |
| INTERNET | |
| Op 99-002 | attorney communicating with clients through electronic mail without encryption |
| Op 99-003 | attorney listed in online directory of professional association; links from attorney’s name to attorney’s e-mail address or law firm web site; links from online membership directory of a professional association to another related association’s world wide web site |
| Op 99-004 | attorney using firm name or other letters, words, or numbers as domain name for law firm’s world wide web site |
| Op 99-009 | attorney placing on-line intake form on the law firm’s world wide web site enabling web site visitors to e-mail legal questions to the law firm and receive responses by e-mail from the attorney for a fee |
| Op 00-005 | attorney participating as a “referral affiliate attorney” for an online referral service that requires the attorney to pay the service a percentage of legal fees earned from the clients referred |
| Op 00-006 | law firm’s Web site home page including quotations from clients, even with their consent, describing the general nature of the legal services provided, responsiveness of the law firm, and other non-substantive aspects of the firm’s representation; listing a client’s name with client consent in public communication such as a law firm Web site; law firm’s Web site providing a link from attorney’s biography to published opinions of cases in which attorney participated |
| Op 01-002 | lawyer contacted by a law-related commercial Web site that offers to make available the attorney’s name, address, phone number, area of practice to potential clients in exchange for the attorney providing compensation to the company; payment for advertisement versus payment for referral; assisting in the unauthorized practice of law |
| Op 02-006 | Ohio attorney contacting Ohio counsel for appellant or appellee to convey an interest in serving as appellate counsel; Ohio attorney contacting out-of-state counsel for out-of-state corporation to offer assistance as local counsel in matter filed in Ohio; Ohio attorney using direct mail solicitation to inquire whether an out-of-state corporate party is represented by counsel; communication in-person, telephone, mail, e-mail or facsimile |
| Op 04-001 | unsolicited commercial e-mail advertising of legal services by lawyers, lawyer advertising services, or lawyer referral services |
| Op 04-007 | law firm identified on business client’s Web site and referred to as the company’s preferred attorney; business client listing a law firm in the company’s brochure and in press releases |
| Op 10-007 | judge being a friend on a social networking site with a lawyer who appears as counsel in a case before the judge. |
| Op 11-002 | Multijurisdictional Practice and Debt Settlement Legal Services |
| Op 12-002 | Identification of Nonlawyers on Law Firm Letterhead, Websites, and Business Cards |
| Op 13-002 | Direct Contact with Prospective Clients: Text Messages |
| Op 16-003 | lawyer participation in online legal referral services |
| Op 18-005 |
lawyer and firm website domain names |
| Op. 21-04 | Competitive Online Keyword Advertising |
| IOLTA | |
| See TRUST ACCOUNT | |
| IRS CASH REPORTING REQUIREMENT | |
| Op 90-004 | duty of lawyer to report cash payments to IRS |
| J | |
| JUDGES | |
| Abortion | |
| Op 89-033 | candidates for judicial office commenting on abortion |
| Acting judge (Judge Pro Tempore) | |
| Op 87-049 | acting judge’s compliance with Code of Judicial Conduct; may not serve as lawyer in a proceeding in which he or she served as judge or in any other related proceeding |
| Op 88-005 | acting judge appointed by municipal court hearing cases in which lawyer for one of the parties is related to appointing judge; compliance with Code of Judicial Conduct |
| Op 90-008 | judge pro tempore acting as leader or holding office in political organization |
| Op 91-023 | cites other state opinion regarding a part-time judge appointing attorney in judge’s firm as a judge pro tempore |
| Op 98-008 | full-time judge, part-time judge, full-time magistrate, part-time magistrate, or judge pro tempore serving as a member of a state or county executive committee or a political party or as a member of a county board of elections |
| Op 04-010 | part-time municipal court judge appointing son or daughter as acting judge to serve during the judge’s vacation |
| Op 13-003 | Use of Judicial Titles by Former Judges |
| Op. 22-02 | Judicial Membership and Leadership in County or State Party Executive Committees, Political Party Clubs, and County Boards of Election |
| Advertising | |
| Op 87-042 | judge allowing picture on wall of store in exchange for free neckties |
| Op 94-004 | judge allowing picture on DARE program card |
| Op 13-003 | Use of Judicial Titles by Former Judges |
| Affidavit of Disqualification | |
| Op 98-002 | attorney stating in an affidavit of disqualification of a judge that the attorney has filed a disciplinary grievance against the judge when the grievance has not been certified as a formal complaint |
| Op 14-001 | Standard for Judicial Disqualification When Counsel Is a Participant in the Judge’s Current Election Campaign |
| Appointments by judges | |
| Op 87-014 | part-time referee practice of law before the appointing judge |
| Op 87-036 | part-time referee practice of law before the appointing judge |
| Op 88-005 | acting judge hearing case where one of lawyer is related to the appointing municipal judge; visiting judge hearing case |
| Op 88-006 | retired judge registered as a private judge being appointed to visiting judgeship |
| Op 89-001 | judge appointing spouse of current court employee; retention of long-term employee of court now married to judge |
| Op 91-023 | part-time judge appointing law firm member to position of referee |
| Op 92-009 | appointing local attorney as campaign committee chairperson, campaign committee members or chairperson appearing before judge |
| Op 93-002 | judge appointing attorney as fiduciary of an estate or as attorney for the mentally incompetent, or as counsel for an indigent juvenile, when attorney is employed by judge’s son as an associate in a law practice |
| Op 93-004 | judge appointing relatives to represent indigent parties |
| Op 94-001 | municipal court judge appointing a deputy bailiff who owns a private tenant eviction business |
| Op 03-007 | judge appointing attorney to serve as special prosecutor in the same county (and even in the same court) in which the attorney represents criminal defendants |
| Op 04-010 | part-time municipal court judge appointing son or daughter as acting judge to serve during the judge’s vacation |
| Op. 19-12 | a magistrate appointed to serve as an eldercare coordinator in a probate court |
| Appointment of judge | |
| Op 98-006 | judge becoming candidate for appointment by a county central committee to fill the office of prosecuting attorney when a vacancy occurs in that office |
| Op 02-009 | judge appointed member of Ohio Children’s Trust Fund Board; judge appointed member of a County Family and Children First Council |
| Op 03-009 | judge serving on judicial corrections boards for community-based correctional facilities and programs |
| Op 05-008 | retired judge who engages in the practice of law also serving as a private judge; retired judge who serves as assigned judge also serving as private judge |
| Arbitrator | |
| Op 89-022 | judge serving as trustee of a claimant’s fund and acting as an arbitrator |
| Op_13-003 | Use of Judicial Titles by Former Judges |
| Assigned judge | |
| Op 87-009 | retired judge engaged in visiting judge assignments serving as a member of county courthouse restoration committee |
| Op 88-005 | visiting judge appointed by Chief Justice hearing case where lawyer is related to elected judge |
| Op 88-006 | retired judge registered for referrals as private judge pursuant to R.C. §2701.10 also being eligible for appointment by Chief Justice for a visiting judgeship pursuant to Ohio Const. Art. IV §6(C) |
| Op 88-034 | retired judge not eligible for recall to judicial service endorsing or participating in the campaign of a judicial candidate or a non-judicial candidate |
| Op 05-008 | retired judge who engages in the practice of law also serving as a private judge; retired judge who serves as assigned judge also serving as private judge |
| Op 13-003 | Use of Judicial Titles by Former Judges |
| Attorney representing judge | |
| Op 89-034 | judge’s recusal when attorney who represents judge in a pending law suit represents clients in judge’s court; rule of necessity |
| Bar Association | |
| Op 90-005 | judge suggesting to local bar association programs or interests the bar may wish to pursue |
| Op 91-029 | judge endorsing candidate for elective office bar ass’n |
| Op_11-003 | Abusing the Prestige of Judicial Office:Bar Association Elections |
| Books | |
| See also JUDGES, Educational activities | |
| Op 87-008 | judge writing foreword to a book on the bicentennial of the U.S. Constitution |
| Op 95-004 | court, justice, or judge accepting complimentary books from publisher that does business with court |
| Op 13-003 | Use of Judicial Titles by Former Judges |
| Business and Financial activities | |
| See also JUDGES, Educational activities; JUDGES, Continuing Legal Education | |
| Op 88-007 | judge as paid consultant for persons seeking elective office elective office |
| Op 89-017 | judge holding shares in former legal professional association |
| Op 91-008 | lawyer in proceeding rents office space in real estate co-owned by judge and judge’s spouse |
| Op 91-010 | judge in partnership for profit to provide continuing legal education; judge preparing and presenting legal and non-legal educational materials for compensation |
| Op 91-014 | judge’s ownership of stock in a party to a proceeding |
| Op 91-027 | judge’s active involvement in advising, planning, and organizing a proposed joint venture |
| Op 94-012 | judge’s compensation for teaching law topics at colleges |
| Op 95-009 | judge’s compensation for motivational speeches and teaching continuing legal education classes |
| Op 95-010 | judge co-owning farm with spouse, raising beef cattle, and selling hay, grain, and seed; certified public accountant/judge gratuitously preparing tax returns for self, family and others |
| Op 98-012 | extrajudicial business activities by full-time judges and full-time magistrates; family business exception; delivering newspapers or driving a package delivery truck |
| Op 03-006 | judge as referee of soccer games |
| Op 04-003 | magistrate serving on or seeking election or re-election to a local, city, or state board of education; magistrate serving on or seeking election or re-election to a board of county commissioners; magistrate serving as trustee of a condominium association |
| Op 06-001 | judge or magistrate maintaining or using active license as real estate salesperson |
| Op 09-001 | full-time magistrate engaging in outside employment as an independent contractor performing legal research projects for a legal publishing company |
| Op 13-003 | Use of Judicial Titles by Former Judges |
| Op. 22-09 | Magistrate Simultaneously Holding a Nonjudicial Elective Office |
| Campaign activities | |
| Op 87-002 | use of term “re-elect” |
| Op 87-006 | candidates’ public debate |
| Op 87-023 | opponent’s law firm appearing before judge |
| Op 87-030 | making promises/pledges |
| Op 87-037 | fund raising 120 day rule” |
| Op 88-017 | contributions to other candidates and parties |
| Op 89-015 | use of title “judge”; identifying incumbent by title; use of “for judge”; shared advertising |
| Op 89-033 | commenting on abortion |
| Op 90-008 | judge pro tempore as leader/officer political org |
| Op 90-024 | contributions to candidates and parties |
| Op 92-009 | appointing local attorney as campaign committee chairperson, campaign committee members or chairperson appearing before judge |
| Op 92-011 | signing nominating petitions or declaration of candidacy petitions; attending political dinners, sitting at speaker’s table, introductions |
| Op 92-016 | use of title “referee,” “senior referee,” “judge” in campaign advertisement |
| Op 93-009 | participation in parades |
| Op 96-007 | judge or judicial candidate using judicial campaign funds to purchase a ticket to another candidate’s fund raiser |
| Op 96-008 | use of title “magistrate” in campaign advertisement; identifying division of court on which the magistrate serves; magistrate wearing judicial robe in campaign advertisement |
| Op 97-006 | incumbent judge forming campaign committee prior to the time period for soliciting and receiving funds; campaign committee expending funds outside the time period; campaign committee sending letters outside the time period asking attorneys to serve on the committee |
| Op 98-006 | judge becoming a candidate for appointment by a county central committee to fill the office of prosecuting attorney when a vacancy occurs in that office |
| Op 98-007 | individual establishing a judicial campaign committee and terminating a nonjudicial campaign committee by disbursement of remaining nonjudicial funds through contributions to a political party or to other candidates as permitted under state law |
| Op 98-008 | full-time judge, part-time judge, full-time magistrate, part-time magistrate, or judge pro tempore serving as a member of a state or county executive committee of a political party or as a member of a county board of elections |
| Op 98-011 | judicial candidate seeking election to court of common pleas permitting his or her campaign committee to accept contributions from the clerk of court or the employees of the clerk of court of the common pleas court to which the candidate is seeking election |
| Op 01-001 | judge’s spouse is a candidate for elected public or judicial office; judge appearing in family picture and being listed by name with or without the title “judge” in the spouse’s campaign literature; judge allowing campaign signs promoting the spouse’s candidacy to be place on real estate jointly owned by the judge and spouse |
| Op 02-003 | judge communicating to the public regarding a proposed state constitutional amendment regarding drug treatment in lieu of incarceration |
| Op 02-008 | judicial campaign speech |
| Op 02-013 | magistrates engaging in campaign activities, such as going door to door to talk with people, going door to door to distribute campaign literature, placing yard signs, or participating in a telephone bank, on behalf of the appointing judge who is seeking re-election; public endorsement; use of personal funds to make contribution to a candidate for judicial or public office. |
| Op 03-008 | magistrate who is a judicial candidate appearing in a judicial robe in photographs used in campaign advertising; magistrate using title “magistrate” when listed as a contributor in a dinner program of a political party; using personal or campaign funds to attend social or fund-raising political events, to support or oppose candidates for public office, to contribute to a political party or attend events sponsored by a political party; use of campaign funds at judicial fundraising event that categorizes or identifies participants by the amount of contribution |
| Op 04-004 | magistrate running for election as judge using the term or title “magistrate” in judicial campaign materials and identifying the court and division on which he or she serves |
| Op 09-008 | judicial candidate using phrase “Endorsed by (or a nominee of) the Democratic Party” or “Democratic Party Endorsed (or nominee)” or Endorsed by (or a nominee of) the Republican Party” or “Republican Party Endorsed (or nominee)” |
| Op 09-010 | judge thanking jurors for their service by a sincere verbal expression of appreciation, a letter of appreciation, a certificate of appreciation, or a small but dignified memento, such as a bookmark imprinted with the judge’s name, picture, and historic quote; personal expense or court expense; purpose might trigger expenditure reporting requirements of R.C. 3517.10 |
| Op 09-011 | judge making a charitable contribution from personal or judicial campaign funds in an election or non-election year; use of name and title in connection with the charitable contribution |
| Op 14-001 | Standard for Judicial Disqualification When Counsel Is a Participant in the Judge’s Current Election Campaign |
| Op 17-008 | judicial participation in parade |
| Op 18-004 | political and campaign activities of magistrates |
| Op. 22-02 | Judicial Membership and Leadership in County or State Party Executive Committees, Political Party Clubs, and County Boards of Election |
| Certified Public Accountant | |
| Op 95-010 | judge continuing to prepare tax returns for self, family and others after taking the bench |
| Charitable contributions | |
| Op 09-011 | judge making a charitable contribution from personal or judicial campaign funds in an election or non-election year; use of name and title in connection with the charitable contribution |
| Op 10-004 | judge, who has sentenced offender for a felony or a misdemeanor offense, granting the offender’s request to fulfill a community control sanction of community service by making a financial contribution to a charitable organization |
| City council member | |
| Op 09-007 | newly appointed domestic relations magistrate continuing to serve out a term as an elected member of city council |
| Op. 22-09 | Magistrate Simultaneously Holding a Nonjudicial Elective Office |
| Continuing legal education | |
| Op 87-041 | referee’s participation in continuing legal education |
| Op 91-010 | partnership for profit to provide cont. legal ed., preparing and presenting legal and non-legal educational materials for compensation |
| Op 95-008 | accepting offer to attend trial lawyers association meeting without paying registration fee |
| Op 95-009 | compensation for teaching continuing legal education classes or courses; compensation for presenting motivational speeches |
| Op. 21-11 | Extrajudicial Activities of Teaching and Speaking |
| Op. 22-08 | Judge Attendance at Exclusive Training for Members of Law Enforcement and Prosecutors |
| County court judge | |
| Op 87-029 | county court judge appear as lawyer in county court |
| Op 89-020 | county court judge married to common pleas judge in same county |
| Op 91-002 | county court judge representing defendant on a traffic violation pending in municipal ct in other county |
| Op 94-002 | county court judge, partners, and associates, practicing law in county court where judge sits by assignment |
| Op 05-004 | county court judge, law partners, and associates appearing in county court before another county court judge |
| Disqualification-financial interest | |
| Op 89-017 | full-time judges holding shares in their former legal professional association |
| Op 91-008 | lawyer in proceeding rents office space in real estate co-owned by the judge and the judge’s spouse. |
| Op 91-014 | judge’s ownership of stock in a party to a proceeding |
| Op 95-003 | newly elected judge hearing cases advocated by former partner when judge is receiving income from former partnership |
| Op. 21-06 | Judicial Disqualification When Receiving Fees or Other Payments From Former Law Firm |
| Op. 23-05 | Appearance of a Lawyer Affiliated with the Law Firm of a Judge’s Spouse |
| Disqualification–bias or prejudice toward witness | |
| Op 89-019 | witness is a police officer and is judge’s spouse |
| Op 91-013 | witness is health care professional who has counseled or treated judge and/or judge’s wife |
| Disqualification–bias toward lawyer in a proceeding | |
| Op 87-023 | campaign opponent of a judge representing party in a proceeding before the judge |
| Op 89-032 | judge’s filing of disciplinary complaint against lawyer |
| Op 89-034 | lawyer represents judge in pending lawsuit; prosecutor or assistant attorney general represents judge in pending lawsuit; lawyer’s associates appearing before; less populated jurisdictions |
| Op 92-009 | lawyer on judge’s campaign committee appearing before judge; firm member of lawyer appearing before |
| Op 98-002 | attorney stating in an affidavit of disqualification of a judge that the attorney has filed a disciplinary grievance against the judge when the grievance has not been certified as a formal complaint |
| Op 14-001 | Standard for Judicial Disqualification When Counsel Is a Participant in the Judge’s Current Election Campaign |
| Disqualification–judge had previous involvement as lawyer | |
| Op 87-038 | referee hearing case she or he previously filed as prosecutor; referee hearing case based upon new facts or circumstances involving a client for whom he or she appeared as a prosecuting attorney; referee hearing any case brought by the prosecutor’s office where he or she previously worked |
| Op 91-002 | part-time judge who has represented criminal defendant taking any future judicial action against that individual |
| Disqualification–partners appearing before judge or magistrate | |
| Op 87-022 | part-time judge’s partner/son/law director appearing before part-time judge |
| Op 87-029 | county court judge’s partner or associate appearing before county court judge |
| Op 87-036 | part-time referee’s firm members appearing before part-time referee; appearing before other judges or referees in same division |
| Op 91-020 | attorney who co-counsels with part-time referee in private practice appearing before part-time referee |
| Op 94-002 | county court judge, partners, and associates, practicing law in county court where judge sits by assignment |
| Op 95-003 | newly elected judge hearing cases advocated by former partner when judge is receiving income from former partnership |
| Op 98-003 | partners and associates of part-time magistrate practicing law in the court on which the part-time magistrate serves |
| Op 05-004 | county court judge, law partners, and associates appearing in county court before another county court judge |
| Op. 21-06 | Judicial Disqualification When Receiving Fees or Other Payments From Former Law Firm |
| Disqualification—relative or relative’s firm appearing before judge | |
| Op 87-022 | son/daughter/partner appearing before part-time judge |
| Op 87-024 | spouse who is prosecuting attorney appearing before spouse who is judge; appearing before other judges in county |
| Op 87-038 | husband of appointed full-time referee appearing before the appointing judge; husband’s firm members appearing before either the appointed referee or the appointing judge |
| Op 88-005 | son of appointing judge appearing before the appointed acting judge; appearance before a visiting judge |
| Op 89-010 | brother-in-law appearing as criminal defense lawyer before judge |
| Op 90-017 | spouse of probate judge appearing before probate judge in uncontested matters in probate court |
| Op 91-008 | attorney employed by, associated with or a partner of judge’s spouse appearing before judge |
| Op. 23-05 | Appearance of a Lawyer Affiliated with the Law Firm of a Judge’s Spouse |
| Disqualification—judge’s relative is party or witness in proceeding | |
| Op 87-024 | recusal includes instances where judge’s spouse is a party to a proceeding |
| Op 89-019 | material witness is a police officer and is judge’s spouse |
| Disqualification–quasi-judicial activities | |
| Op 89-022 | judge serving as trustee of a claimant’s fund set up by out-of-state bankruptcy court |
| Disqualification–extra-judicial activities | |
| Op 87-003 | probate-juvenile judge serving as board member of county mental health foundation |
| Op 87-032 | part-time referee serving as member or officer of local Bd of Educ |
| Op 89-029 | probate-juvenile judge serving as board member of county mental health foundation |
| Disqualification—remittal | |
| Op 87-024 | when spouse who is prosecuting attorney appears before judge; appearance by other prosecutors |
| Op 89-010 | when brother-in-law who is criminal defense lawyer appears before judge |
| Op 89-034 | when lawyer who represents judge in a pending lawsuit appears before the judge; rule of necessity discussed |
| Op 91-008 | when lawyer in a proceeding is affiliated with a law firm with which a lawyer-relative of the judge is affiliated |
| Op 91-013 | remittal applicable to disqualification due to economic interest or family relationship but not applicable to disqualification due to personal bias or prejudice to witness |
| Op 91-014 | when judge owns stock in a party to a proceeding |
| Op 14-001 | Standard for Judicial Disqualification When Counsel Is a Participant in the Judge’s Current Election Campaign |
| Op. 23-05 | Appearance of a Lawyer Affiliated with the Law Firm of a Judge’s Spouse |
| Domestic violence protocol | |
| Op 96-005 | judge endorsing model protocol for responding to domestic violence |
| Donations | |
| See also Judges, Gifts | |
| Op 04-005 | municipal court judge accepting a donation of ten carbines to a court’s probation department for use in court security |
| Op 04-006 | municipal court judge establishing and chairing an arts committee to commission an artist and decide upon artwork for the court’s historic building |
| Op 04-013 | municipal court judge preparing and signing a letter requesting local businesses to donate small items for use as program rewards and incentives for defendants in mental court; judge directing court employees to solicit such donations |
| Op. 23-01 | Judge Soliciting Donations for Specialized Docket Court |
| Drug Abuse Resistance Education (DARE) | |
| Op 94-004 | judge’s picture on DARE program trading card |
| Duty to report | |
| Op 89-032 | judge reporting lawyer misconduct |
| Op 17-002 | A judge who has knowledge that another judge or a lawyer has committed a violation of the Code of Judicial Conduct that raises a question regarding the judge’s honesty, trustworthiness, or fitness as a judge in other respects is required to report it to the appropriate disciplinary authority |
| Educational activities | |
| Op 86-002 | instructing class at university, reimbursement |
| Op 87-008 | writing foreword book on constitution |
| Op 89-003 | member of board of trustees of a college |
| Op 89-021 | writing articles for publication, compensation |
| Op 89-028 | teaching courses on law, legal system, and the administration of justice |
| Op 90-005 | suggesting to bar association programs or interests to pursue |
| Op 91-010 | partnership for profit to provide cont. legal education; preparing and presenting legal and non-legal educational materials for compensation |
| Op 92-014 | soliciting or accepting support for educational meeting |
| Op 94-012 | compensation for teaching at state or private colleges or universities on law, legal system, and the administration of justice |
| Op 95-008 | judge attending trial lawyers association meeting without paying registration fee |
| Op 95-009 | compensation for teaching continuing legal education classes; compensation for motivational speeches |
| Op 99-001 | trustee on board of county community college |
| Op 05-002 | association of judicial employees charging vendors a fee to set up a booth at the association’s educational conference or permitting vendors to sponsor a meal, reception, open house, or other similar activity at the conference |
| Op 06-003 | probate judge teaching a course on adult protective services at a training program for employees of county departments of job and family services and receiving compensation |
| Op 06-007 | municipal court judge serving on the board of trustees of a non-profit corporation that provides mental health and counseling services that defendants use to fulfill conditions of probation and that contracts with the court to provide services for the court’s mental health program docket |
| Op 09-002 | juvenile court judge (or court staff) accepting travel expenses (payment or reimbursement of travel, meals, and lodging from the owners of a private placement facility that receives or seeks to receive placements of juveniles by the court; juvenile court judge (or court staff) attending a conference and accepting a gratuitous non-conference meal paid for by a private placement facility that receives or seeks to receive placements of juveniles by the court; reporting on annual financial disclosure statement |
| Op. 21-11 | Extrajudicial Activities of Teaching and Speaking |
| Endorsements | |
| See also JUDGES, Recommendations | |
| Op 91-029 | judge’s name on list of supporters of candidate for elective office in bar associations |
| Op 92-011 | judge signing nominating petitions or declaration of candidacy petitions; attending political dinners |
| Op 96-005 | judge endorsing model protocol for responding to domestic violence |
| Op 09-008 | judicial candidate using phrase “Endorsed by (or a nominee of) the Democratic Party” or “Democratic Party Endorsed (or nominee)” or Endorsed by (or a nominee of) the Republican Party” or “Republican Party Endorsed (or nominee)” |
| Op 11-003 | Abusing the Prestige of Judicial Office:Bar Association Elections |
| Executor | |
| Op 91-021 | executor of close friend’s estate |
| Op 92-005 | judge serving as executor and preparing and filing probate documents |
| Op 10-007 | judge being a friend on a social networking site with a lawyer who appears as counsel in a case before the judge. |
| Farming | |
| Op 95-010 | co-owning farm with spouse and continuing to raise beef cattle and selling hay, grain, and seed after taking the bench as a full-time judge. |
| Favoritism | |
| Op 91-023 | part-time judge appointing attorney in his/her law firm as referee |
| Op 93-002 | judge appointing attorney who is employed by judge’s son as associate in a law practice |
| Fiduciary | |
| Op 91-021 | executor of close friend’s estate |
| Op 92-005 | executor/administrator preparing and filing probate documents |
| Financial Disclosure | |
| See FINANCIAL DISCLOSURE STATEMENTS | |
| Firm Name | |
| Op 87-048 | judge’s name included in firm name |
| Former judge | |
| See JUDGES, Practice of law–former judge | |
| Op 13-003 | Use of Judicial Titles by Former Judges |
| Fundraising for campaign | |
| Op 87-037 | for judicial campaign; 120 day rule |
| Op 89-015 | outside group raising funds for judicial campaign |
| Op 90-024 | donations to political parties and candidates |
| Op 96-007 | using judicial campaign funds to purchase a ticket to another candidate’s fund raiser |
| Fundraising for candidacy for appointment to fill vacancy in an elected office | |
| Op 98-006 | judge becoming a candidate for appointment by a county central committee to fill the office of prosecuting attorney when a vacancy occurs in that office |
| Fundraising for educational/religious/charitable/fraternal/civic | |
| Op 87-003 | not-for-profit mental health foundation |
| Op 87-009 | county courthouse restoration committee; use of judge’s name |
| Op 87-050 | retirement plan board of Catholic Diocese |
| Op 89-003 | member of college board of trustees |
| Op 90-016 | trustee of public non-profit foundation that administers a trust named for a deceased judge that provides law school scholarships for minority students; use of judge’s name |
| Op 95-013 | fund-raising telethon to general public |
| Gifts | |
| See also, JUDGES, Donations | |
| Op 95-004 | accepting complimentary books from publisher that does business with the court |
| Op 95-008 | accepting offer to attend trial lawyers association meeting without paying registration fee |
| Op 98-010 | accepting honorary membership to a country club; accepting a round of golf or a ticket to a sports event from an attorney |
| Op 09-010 | judge thanking jurors for their service by a sincere verbal expression of appreciation, a letter of appreciation, a certificate of appreciation, or a small but dignified memento, such as a bookmark imprinted with the judge’s name, picture, and historic quote; personal expense or court expense; purpose might trigger reporting requirements of R.C. 3517.10 |
| Honorarium | |
| Op 94-012 | compensation for teaching at colleges on the law, legal system, or administration of justice |
| Op 95-009 | compensation for teaching continuing legal education; compensation for motivational speaking |
| Op 06-003 | probate judge teaching a course on adult protective services at a training program for employees of county departments of job and family services and receiving compensation |
| Judicial law clerk | |
| Op 89-026 | judicial clerk registered as “inactive” attorney |
| Op 95-005 | judge giving recommendation on behalf of judicial law clerk |
| Op 97-004 | judicial law clerk concurrently engaging in the part-time private practice of law |
| Op. 21-12 | Letter of Recommendation by Judge |
| Jurors | |
| Op 09-010 | judge thanking jurors for their service by a sincere verbal expression of appreciation, a letter of appreciation, a certificate of appreciation, or a small but dignified memento, such as a bookmark imprinted with the judge’s name, picture, and historic quote; personal expense or court expense; purpose might trigger expenditure reporting requirements of R.C. 3517.10 |
| Legislative agent | |
| Op 97-008 | retired judge eligible for recall to judicial service serving as a legislative agent for several judges associations |
| Letterhead | |
| Op 87-048 | judge’s name on former firm’s letterhead, professional notices or included in firm’s name |
| Op 93-008 | former judge in private practice using statements as to prior judicial positions held or titles “Judge,” “Honorable,” or “Former Judge” |
| Op 13-003 | Use of Judicial Titles by Former Judges |
| Marriage | |
| Op_15-001 | Judicial Performance of Civil Marriages of Same-Sex Couples |
| Mayor’s Court Magistrates | |
| Op. 23-03 | Application of Code of Judicial Conduct to Mayor’s Court Magistrates |
| Member or officer | |
| Op 87-003 | board of incorporated not-for-profit mental health foundation board; fundraising |
| Op 87-009 | member of county court house restoration committee; fundraising |
| Op 87-013 | local government committee (county hazardous materials task force) |
| Op 87-032 | local board of education (referee) |
| Op 87-050 | board of trustees retirement fund Catholic Diocese; fundraising |
| Op 89-003 | board of trustees of a college; fundraising |
| Op 89-022 | asbestos trustee |
| Op 89-029 | community mental health board |
| Op 90-016 | trustee of charitable, non-profit foundation; use of judge’s name in fundraising |
| Op 91-011 | member or officer of board of directors of nonprofit corporation providing services to court by contract |
| Op 98-008 | full-time judge, part-time judge, full-time magistrate, part-time magistrate, or judge pro tempore serving as a member of a state or county executive committee or a political party or as a member of a county board of elections |
| Op 99-001 | trustee on board of a county community college |
| Op 02-009 | judge appointed member of Ohio Children’s Trust Fund Board; judge appointed member of a County Family and Children First Council |
| Op 03-004 | whether president/CEO and employees of non-profit organization that operates a community-based correctional facility and program on which judge serves as a member of judicial corrections board are judicial officers or employees for purposes of Ohio Ethics Law |
| Op 03-009 | judge serving on judicial corrections boards for community-based correctional facilities and programs |
| Op 04-003 | magistrate serving on or seeking election or re-election to a local, city, or state board of education; magistrate serving on or seeking election or re-election to a board of county commissioners; magistrate serving as trustee of a condominium association |
| Op 06-007 | municipal court judge serving on the board of trustees of a non-profit corporation that provides mental health and counseling services that defendants use to fulfill conditions of probation and that contracts with the court to provide services for the court’s mental health program docket |
| Op 09-007 | newly appointed domestic relations magistrate continuing to serve out a term as an elected member of city council |
| Op 21-01 | Judicial Membership on Nonprofit Corporation Board Providing Services to Court |
| Op. 22-02 | Judicial Membership and Leadership in County or State Party Executive Committees, Political Party Clubs, and County Boards of Election |
| Op. 22-09 | Magistrate Simultaneously Holding a Nonjudicial Elective Office |
| Nepotism | |
| Op 89-001 | retention of employee married to judge; judge appointing spouse of court employee |
| Op 93-004 | judge appointing attorney to represent indigent parties when the attorney is related to the judge |
| Op 04-010 | part-time municipal court judge appointing son or daughter as acting judge to serve during the judge’s vacation |
| Parades | |
| Op 93-009 | participating in parades |
| Op 17-008 | judicial participation in parade |
| Political Activities | |
| See also JUDGES, Campaign activities, JUDGES, Speech | |
| Op 88-007 | serving as paid consultant for candidates for elective office |
| Op 90-008 | judge pro tempore as member of political party executive committee or as board member of a political party club |
| Op 92-011 | signing nominating petitions or declaration of candidacy petitions; attending political dinners, sitting at head table, introductions |
| Op 93-009 | participating in parades |
| Op 98-008 | full-time judge, part-time judge, full-time magistrate, part-time magistrate, or judge protempore serving as a member of a state or county executive committee or a political party or as a member of a county board of elections |
| Op 17-008 | judicial participation in parade |
| Op 18-008 | political and campaign activities of magistrates |
| Op. 22-02 | Judicial Membership and Leadership in County or State Party Executive Committees, Political Party Clubs, and County Boards of Election |
| Political Donations | |
| Op 88-017 | contributions by judges, judicial candidates and campaign committees |
| Op 90-024 | contributions by judges, referees |
| Op 96-007 | judge or judicial candidate using judicial campaign funds to purchase a ticket to another candidate’s fund raiser |
| Op 03-008 | magistrate who is a judicial candidate appearing in a judicial robe in photographs used in campaign advertising; magistrate using title “magistrate” when listed as a contributor in a dinner program of a political party; using funds to attend social or fund-raising political events |
| Practice of law–acting judge | |
| Op 87-049 | acting judge serving as a lawyer in a proceeding in which he served as judge or in any related proceeding |
| Op 13-003 | Use of Judicial Titles by Former Judges |
| Practice of law–court commissioner | |
| Op 88-010 | commissioner of court of claims serving as special assistant attorney general |
| Practice of law–former judge | |
| Op 93-008 | former judge in private practice using statements as to prior judicial positions held or titles “Judge,” “Honorable,” or “Former Judge” |
| Op 05-005 | former magistrate, now privately practicing law, representing a person in post-decree matters when he or she served as magistrate in the person’s original divorce or dissolution action |
| Op 13-003 | Use of Judicial Titles by Former Judges |
| Op 19-011 | former magistrate, now privately practicing law, representing a person in post-decree matters when he or she served as magistrate in the person’s original divorce or dissolution action |
| Practice of law–full-time judge | |
| Op 88-036 | full-time judge/referee preparing wills relatives |
| Op 91-025 | full-time judge prosecuting patent applications |
| Op 92-005 | judge/executor preparing and filing probate documents |
| Op 95-010 | full-time judge preparing tax returns for others |
| Practice of law–part-time judge, referee, or magistrate | |
| Op 87-014 | part-time domestics referee practicing law |
| Op 87-022 | part-time municipal judge practicing law; practice by partners and members of part-time judge’s law firm |
| Op 87-029 | part-time county court judge’s practice of law; practice by partners, shareholders, associates, employees, subcontractors of part-time county court judge’s law firm |
| Op 87-036 | part-time juvenile referee practicing law; practice by members of part-time referee’s firm |
| Op 91-012 | part-time county court judge representing a defendant on a traffic violation pending in municipal court in another county; accepting private employment in a matter upon the merits of which the judge has acted in a judicial capacity; discussion of compliance section; discusses compliance section language “court subject to the appellate jurisdiction of the court” |
| Op 94-002 | county court judge, partners, and associates, practicing law in the court where the judge sits by assignment |
| Op 98-003 | part-time municipal court magistrate or common pleas court magistrate practicing law in the court on which he or she serves or on which the appointing judge serves; law partners and associates of part-time magistrate practicing law in the court on which the part-time magistrate serves |
| Op 05-004 | county court judge, law partners, and associates appearing in county court before another county court judge |
| Private judge | |
| Op 88-006 | retired judge registered for referrals as private judge pursuant to R.C.§2701.10 being eligible for appointment by Chief Justice for a visiting judgeship pursuant to Ohio Const. Art. IV §6(C) |
| Op 05-008 | retired judge who engages in the practice of law also serving as a private judge; retired judge who serves as assigned judge also serving as private judge |
| Op 13-003 | Use of Judicial Titles by Former Judges |
| Pro tempore judge | |
| See JUDGES, Acting judge | |
| Real estate salesperson | |
| Op 06-001 | judge or magistrate maintaining or using active license as real estate salesperson |
| Recommendations | |
| See also JUDGES, Endorsements | |
| Op 95-005 | recommendations on behalf of law school applicants; judicial law clerks; and individuals seeking appointment to a federal judgeship |
| Op 98-004 | recommendations for applicants seeking certification as attorney specialists |
| Op 11-003 | Abusing the Prestige of Judicial Office:Bar Association Elections |
| Op. 21-12 | Letter of Recommendation Provided by Judge |
| Referee of sports | |
| Op 03-006 | judge as referee of soccer games |
| Relatives | |
| Op 03-006 | son/partner who is city law director appearing before father/judge |
| Op 87-024 | spouse who is prosecuting attorney appearing before judge; other attorneys in prosecutor’s office appearing before judge |
| Op 87-038 | spouse of referee and spouses law firm members appearing before judge and referee who was former assistant prosecutor |
| Op 88-005 | son appearing before acting judge |
| Op 88-036 | judge preparing wills for relatives |
| Op 89-001 | court’s retention of employee who is judge’s spouse |
| Op 89-010 | brother-in-law appearing before judge |
| Op 89-019 | spouse is police officer & material witness |
| Op 89-020 | spouses are county court judge and common pleas judge in same county |
| Op 90-017 | relative of judge appearing before probate judge in uncontested estate proceedings |
| Op 91-008 | appearance before judge by attorney employed by, associated with, or in partnership with judge’s spouse |
| Op 01-001 | judge’s spouse is a candidate for elected public or judicial office; judge appearing in family picture and being listed by name with or without the title “judge” in the spouse’s campaign literature; judge allowing campaign signs promoting the spouse’s candidacy to be place on real estate jointly owned by the judge and spouse |
| Op 04-010 | part-time municipal court judge appointing son or daughter as acting judge to serve during the judge’s vacation |
| Op. 23-05 | Appearance of a Lawyer Affiliated with the Law Firm of a Judge’s Spouse |
| Retired judges | |
| Op 87-009 | retired judge eligible for recall to judicial service serving as a member of a county courthouse restoration committee |
| Op 88-005 | visiting judge appointed by Chief Justice hearing a case where the lawyer is related to the elected judge of the court where the visiting judge is sitting |
| Op 88-006 | retired judge registered for referrals as private judge pursuant to R.C.§2701.10 being eligible for appointment by Chief Justice for a visiting judgeship pursuant to Ohio Const. Art. IV §6(C) |
| Op 88-034 | retired judge not eligible for recall to judicial service endorsing or participating in the campaign of judicial or non-judicial candidates |
| Op 93-008 | former judge in private practice using statements as to prior positions held or titles such as “Judge,” “Honorable,” or “Former Judge” |
| Op 97-008 | retired judge eligible for recall to judicial service serving as a legislative agent for several judges associations |
| Op 05-008 | retired judge who engages in the practice of law also serving as a private judge; retired judge who serves as assigned judge also serving as private judge |
| Op 13-003 | Use of Judicial Titles by Former Judges |
| Self Help Clinic; Court Annexed | |
| Op. 17-007 | Court annexed clinic for self represented litigants; clinic lawyers paid through grant |
| Sentencing | |
| Op 10-004 | judge, who has sentenced offender for a felony or a misdemeanor offense, granting the offender’s request to fulfill a community control sanction of community service by making a financial contribution to a charitable organization |
| Social networking site | |
| Op 10-007 | judge being a friend on a social networking site with a lawyer who appears as counsel in a case before the judge. |
| Specialized dockets | |
| Op 03-004 | whether president/CEO and employees of non-profit organization that operates a community-based correctional facility and program on which judge serves asmember of judicial corrections board are judicial officers or employees for purposes of Ohio Ethics Law |
| Op 04-013 | municipal court judge preparing and signing a letter requesting local businesses to donate small items for use as program rewards and incentives for defendants in mental court; judge directing court employees to solicit such donations |
| Op 06-007 | municipal court judge serving on the board of trustees of a non-profit corporation that provides mental health and counseling services that defendants use to fulfill conditions of probation and that contracts with the court to provide services for the court’s mental health program docket |
| Op 09-002 | juvenile court judge (or court staff) accepting travel expenses (payment or reimbursement of travel, meals, and lodging from the owners of a private placement facility that receives or seeks to receive placements of juveniles by the court; juvenile court judge (or court staff) attending a conference and accepting a gratuitous non-conference meal paid for by a private placement facility that receives or seeks to receive placements of juveniles by the court; reporting on annual financial disclosure statement |
| Op. 23-01 | Judge Soliciting Donations for Specialized Docket Court |
| Speech | |
| See also JUDGES, Educational Activities | |
| Op 87-006 | candidates’ public debate |
| Op 87-030 | candidate promising to treat criminal offenses in a certain way if elected; announcing sentencing policy for criminal cases |
| Op 87-040 | speaking out against organization member of |
| Op 87-044 | opinions on local tax and merit selection plan |
| Op 89-003 | candidates on disputed legal or political issues |
| Op 87-013 | appointment to government committee |
| Op 91-029 | judge’s name on list of supporters for candidate for bar association office |
| Op 92-011 | introducing a partisan candidate; signing nominating petitions |
| Op 02-003 | judge communicating to the public regarding a proposed state constitutional amendment regarding drug treatment in lieu of incarceration |
| Op 02-008 | judicial campaign speech |
| Sports | |
| Op 98-010 | accepting honorary membership to a country club; accepting a round of golf or a ticket to a sports event from an attorney |
| Op 03-006 | judge as referee of soccer games |
| Telephone/Telethon/Television | |
| Op 89-015 | judicial candidates sharing television advertising time |
| Op 95-013 | judge participating in a fund-raising telethon to the general public |
| Transition from bar to bench | |
| Op 87-048 | judge’s name used on former firm’s letterhead, professional notices, or firm name |
| Op 89-017 | judge holding shares in legal professional association |
| Op 95-003 | newly elected judge hearing cases advocated by former partner; winding up law practice |
| Op 95-010 | co-owning farm with spouse and continuing to raise beef cattle and sell hay, grain, and seed after taking the bench as a full-time judge; judge who is certified public accountant continuing to prepare tax returns for self and family after taking the bench as a full-time judge |
| Op 07-002 | judge receiving accounts receivable from former law firm for legal services provided by the judge prior to assuming judicial office; judge receiving retirement benefits from former law firm pursuant to law firm agreement; reporting on financial disclosure statement |
| Op. 21-06 | Judicial Disqualification When Receiving Fees or Other Payments From Former Law Firm |
| Travel, Meals, and Lodging | |
| Op 09-002 | juvenile court judge (or court staff) accepting travel expenses (payment or reimbursement of travel, meals, and lodging from the owners of a private placement facility that receives or seeks to receive placements of juveniles by the court; juvenile court judge (or court staff) attending a conference and accepting a gratuitous non-conference meal paid for by a private placement facility that receives or seeks to receive placements of juveniles by the court; reporting on annual financial disclosure statement |
| Trial lawyers association | |
| Op 95-008 | offer to judges to attend association meeting without paying registration fee |
| Visiting Judge | |
| See JUDGES, Assigned judge | |
| Wills | |
| Op 88-036 | judge preparing wills for relatives |
| Op 91-021 | judge as executor and devisee |
| Op 92-005 | judge serving as executor, preparing and filing probate papers |
| JUDICIAL EMPLOYEES | |
| See also JUDGES, Judicial Law Clerks | |
| Op 91-028 | clerk and deputy clerk of the Court of Claims filing of financial disclosure statements |
| Op 94-001 | deputy bailiff of a municipal court privately owning tenant eviction business |
| Op 92-018 | attorney who is court administrator accepting offer to author a handbook and to receive royalties from a legal publisher that does business with the court |
| Op 01-005 | court-employed attorney/mediator conducting private fee-paid mediations |
| Op 02-010 | probation officer employed in a municipal court department of probation soliciting or accepting employment by a for-profit company that operates a drivers’ intervention program for defendants found guilty of operating a motor vehicle while under the influence of alcohol and sentenced by the court to attend a drivers’ intervention program as a condition of probation |
| Op 03-004 | whether president/CEO and employees of non-profit organization that operates a community-based correctional facility and program on which judge serves as a member of judicial corrections board are judicial officers or employees for purposes of Ohio Ethics Law |
| Op 04-013 | municipal court judge preparing and signing a letter requesting local businesses to donate small items for use as program rewards and incentives for defendants in mental court; judge directing court employees to solicit such donations |
| Op 05-002 | association of judicial employees charging vendors a fee to set up a booth at the association’s educational conference or permitting vendors to sponsor a meal, reception, open house, or other similar activity at the conference |
| Op 09-002 | juvenile court judge (or court staff) accepting travel expenses (payment or reimbursement of travel, meals, and lodging from the owners of a private placement facility that receives or seeks to receive placements of juveniles by the court; juvenile court judge (or court staff) attending a conference and accepting a gratuitous non-conference meal paid for by a private placement facility that receives or seeks to receive placements of juveniles by the court; reporting on annual financial disclosure statement |
| Op 09-004 | domestic relations lawyer-mediator preparing necessary legal documents for filing by or on behalf of one or both parties in a domestic relations proceeding; application of ethical rules and Ohio Ethics Law to subsequent representation by court employee lawyer-mediator |
| Op. 23-01 | Judge Soliciting Donations for Specialized Docket Court |
| L | |
| LANDLORD/TENANT | |
| Op 88-011 | landlord’s attorney contacting tenant when landlord knew tenant was represented by an attorney in a previous eviction action |
| LAW FIRMS | |
| See also FIRM NAMES; LEGAL PROFESSIONAL ASSOCIATION/LIMITED LIABILITY COMPANY/LIMITED LIABILITY PARTNERSHIP; LEGAL RESEARCH AND WRITING; LETTERHEAD; RESTRICTIVE COVENANTS | |
| Op 89-035 | attorney practicing with more than one law firm or legal professional association |
| Op 90-006 | law firm hiring suspended/disbarred lawyers |
| Op 13-001 | Simultaneous Practice in Multiple Firms |
| Op 14-004 | law firm entering into an “of counsel” relationship with another law firm |
| Op 16-004 | employment of Gov.Bar R. II legal interns as law clerks |
| Op 17-005 | virtual law office |
| Op. 21-009 | Employment of a Disqualified or Suspended Lawyer |
| LAW DIRECTOR | |
| See PUBLIC OFFICIALS/EMPLOYEES | |
| LAWFUL CLAIM | |
| safekeeping funds of a third person when lawyer knows a third person has a lawful claim to funds in the lawyer’s possession plaintiff’s lawyer personally agreeing, as a condition of settlement, to indemnify the opposing party from any and all claims by third persons to the settlement funds; lawyer proposing or requiring, as a condition of settlement, that a plaintiff’s lawyer make a personal agreement to indemnify the opposing party from any and all claims by third person to the settlement funds | |
| LAWYERS ASSISTANCE COMMITTEES | |
| Op 90-019 | cooperation with disciplinary authorities |
| LEGAL FORMS | |
| Op 92-015 | sale of legal forms by business corporations; assistance by law firm |
| LEGAL AID | |
| Op 88-003 | legal aid lawyer direct mail soliciting defendants for representation on eviction actions after eviction filed |
| Op 88-030 | attorney for legal services corporation serving union members; representing client in real estate transaction; client’s authority to make decisions |
| Op 89-004 | governing board of legal services corporation setting priorities and limitations on representation |
| Op 89-025 | legal aid society referral of cases to volunteer lawyer’s project |
| Op 90-011 | legal aid lawyer making in-person offer to represent an indigent defendant who has appeared in court without representation |
| Op 93-010 | representation of opposing parties by two separate divisions of a legal aid society |
| Op. 23-02 | Solicitation of Clients by Nonprofit Legal Aid Lawyers |
| LEGAL MALPRACTICE | |
| Op 96-009 | engagement letter between a lawyer and an individual client requiring client to agree to arbitrate fee disputes, legal malpractice disputes, or professional ethical misconduct disputes |
| LEGAL PROFESSIONAL ASSOCIATION/LIMITED LIABILITY COMPANY/LIMITED LIABILITY PARTNERSHIP | |
| Op 88-016 | including non-shareholder’s name in legal professional association name |
| Op 89-017 | judges holding shares in former legal professional association |
| Op 89-035 | attorney practice with more than one legal professional association |
| Op 95-001 | use of “X and Associates, Co. L.P.A.” |
| Op 96-003 | attorney with inactive registration status continuing to hold shares in a legal professional association; inactive attorney’s name included in firm name |
| Op 97-007 | attorney not licensed in Ohio but licensed in another state being a member, partner, or other equity holder in an Ohio law firm; being a member, partner, or other equity holder in two unrelated firms |
| Op 02-012 | attorney’s transfer of shares in a legal professional association to an irrevocable trust for the benefit of individuals not licensed to practice law |
| Op 13-001 | Simultaneous Practice in Multiple Firms |
| Op. 19-002 | Transfer on Death of a Lawyer’s Shares in a Law Firm to a Revocable Trust |
| LEGAL RESEARCH AND WRITING | |
| Op 88-018 | legal research & writing for law firms & lawyers |
| Op 90-006 | hiring suspended/disbarred lawyer |
| Op 05-001 | attorney who performs research and writing on a contract basis to other attorneys is not subject to professional liability insurance notice requirement |
| Op. 21-009 | Employment of a Disqualified or Suspended Lawyer |
| LEGAL SERVICES PLANS | |
| See GROUP LEGAL SERVICES | |
| LETTERHEAD | |
| Certification | |
| Op 87-039 | certification as Civil Trial Advocate by National Board of Trial Advocacy |
| Client’s Stationery | |
| Op 90-013 | appearing on client’s letterhead as general counsel |
| Op 09-005 | lawyer or law firm listed as “General Counsel” or similar reference on letterhead of client organization; use of designation in signing correspondence written on behalf of the client organization |
| Dual practice indication | |
| Op 88-023 | lawyer and a certified public accountant |
| Op 90-009 | lawyer and a realtor |
| Op 94-003 | lawyer and license or degree in another profession |
| Of counsel designation | |
| Op 08-001 | lawyer in law firm serving as “of counsel” to another lawyer or law firm; ethical implications of the “of counsel” relationship as to registration status, firm names and letterhead, division of fees, conflicts of interest, multiple “of counsel” relationships; and “of counsel” relationship with out-of-state lawyers or law firms |
| Judges | |
| Op 87-048 | judge’s name on former firm’s letterhead, professional notices or included in firm’s name |
| Op 93-008 | former judge in private practice using statements as to prior judicial positions held or titles “Judge,” “Honorable,” or “Former Judge” |
| Op_13-003 | Use of Judicial Titles by Former Judges |
| Non-lawyer use of letterhead | |
| Op 89-011 | signing letters using firm letterhead |
| Op 89-016 | name appearing on letterhead |
| Op 12-002 | Identification of Nonlawyers on Law Firm Letterhead, Websites, and Business Cards |
| Of-counsel designation | |
| Op 88-023 | use of “of counsel” designation |
| Op 90-003 | senior attorney status |
| Op 90-013 | use of “of counsel,” “general counsel” or “special counsel” on client’s letterhead |
| Office sharing arrangement | |
| Op 89-036 | use of disclaimers on a joint letterhead |
| Out-of-state lawyer | |
| Op 89-037 | lawyer awaiting admission in Ohio |
| Op 91-014 | partners licensed in different jurisdictions |
| Op 91-006 | lawyer licensed by federal bar only |
| Registration status | |
| Op 91-018 | inactive and retired registration status |
| LIMITING LIABILITY | |
| Op 89-012 | limiting liability when rendering title opinions based on abstracting services done by non-attorneys |
| Op 90-001 | representing client in a settlement agreement with client’s former attorney based on client’s allegation that former attorney misappropriated money; confidentiality as condition of settlement; lawyer’s duty to report the client’s former attorney’s misconduct. |
| Op 96-009 | engagement letter between a lawyer and an individual client requiring client to agree to arbitrate fee disputes, legal malpractice disputes, or professional ethical misconduct disputes |
| Op 01-006 | prosecutor negotiating and criminal defense attorney advising a defendant to enter a plea agreement that waives the defendant’s appellate or postconviction claims of ineffective assistance of trial counsel or prosecutorial misconduct |
| Op 10-003 | as part of settlement of malpractice claim, lawyer requiring a current or former client to withdraw a disciplinary grievance or to refrain from filing a grievance |
| M | |
| MAGISTRATES | |
| See JUDGES | |
| MAILING | |
| See ADVERTISING | |
| MALPRACTICE | |
| See also LIMITING LIABILITY | |
| Op 03-003 | lawyers not in the same firm dividing fees based upon assuming responsibility rather than the proportion of services performed; disclosure and signed written agreements; notice regarding lack of professional liability insurance |
| Op 05-001 | attorney who performs research and writing on a contract basis to other attorneys is not subject to professional liability insurance notice requirement |
| Op_07-006 | court appointed lawyer for indigent criminal defendant providing notice to defendant that lawyer does not maintain professional liability insurance |
| Op10-003 | as part of settlement of malpractice claim, lawyer requiring a current or former client to withdraw a disciplinary grievance or to refrain from filing a grievance |
| MARIJUANA | |
| Op 16-006 | ethical implications for lawyers under Ohio’s medical marijuana law (But see Prof.Cond.R. 1.2(d)(2)) |
| MEDIATION | |
| Op 01-005 | court-employed attorney/mediator conducting private fee-paid mediations |
| Op 09-004 | domestic relations lawyer-mediator preparing necessary legal documents for filing by or on behalf of one or both parties in a domestic relations proceeding; application of ethical rules and Ohio Ethics Law to subsequent representation by court employee lawyer-mediator |
| Op 13-003 | Use of Judicial Titles by Former Judges |
| MORTGAGE | |
| Op 04-008 | acquiring a mortgage on a client’s home to secure a legal fee |
| MULTIJURISDICTIONAL PRACTICE OF LAW | |
| Op 11-002 | Multijurisdictional Practice and Debt Settlement Legal Services |
| Op 18-002 | Out-of-state lawyer representing lending institution |
| N | |
| NAME | |
| See FIRM NAME | |
| NEWSLETTERS | |
| See ADVERTISING | |
| NON-LAWYERS | |
| See ANCILLARY BUSINESS; LEGAL RESEARCH AND WRITING; PRACTICE OF LAW; REFERRALS AND RECOMMENDATIONS; SEMINARS; SUPSENDED/DISBARRED LAWYER; UNAUTHORIZED PRACTICE OF LAW | |
| O | |
| OBLIGATIONS TO THIRD PERSONS | |
| Op 91-015 | protecting confidences and secrets of person who consults attorney but does not hire |
| Op 07-007 | safekeeping funds of a third person when lawyer knows a third person has a lawful claim to funds in the lawyer’s possession |
| Op 11-001 | plaintiff’s lawyer personally agreeing, as a condition of settlement, to indemnify the opposing party from any and all claims by third persons to the settlement funds; lawyer proposing or requiring, as a condition of settlement, that a plaintiff’s lawyer make a personal agreement to indemnify the opposing party from any and all claims by third person to the settlement funds |
| OF COUNSEL | |
| Op 88-023 | use of designation “of counsel” |
| Op 88-026 | “of counsel” and legal fees |
| Op 90-003 | senior attorney status |
| Op 90-003 | use of “of counsel,” “general counsel” or “special counsel” on client’s letterhead |
| Op 91-018 | use of designation “of counsel” by attorney with “retired registration status” |
| Op 95-001 | use of “and Associates” in firm name |
| Op 97-002 | attorney serving as “of counsel” to more than one law firm |
| Op 04-011 | Ohio attorney practicing law in Ohio law firm and becoming “of counsel” to a lawyer or law firm in another state; out-of-state attorney becoming “of counsel” to a lawyer or law firm in Ohio; division of fee with “of counsel” attorney |
| Op 06-002 | solo practitioner naming law firm “The X Law Group” when “X” is the solo practitioner’s surname and “X” employs one or more attorneys as associates; use of “Group” or “Law Group” or “and Associates” in a firm name; reference to paralegals, other non-attorney personnel, office sharing attorneys or other “of counsel” attorneys |
| Op 08-001 | lawyer in law firm serving as “of counsel” to another lawyer or law firm; ethical implications of the “of counsel” relationship as to registration status, firm names and letterhead, division of fees, conflicts of interest, multiple “of counsel” relationships; and “of counsel” relationship with out-of-state lawyers or law firms |
| OFFICE SHARING | |
| Op 88-019 | use of partnership name when no longer partnership; holding out as partners when not partners |
| Op 89-005 | attorney sharing office space with opposing counsel |
| Op 89-036 | letterhead of office sharing arrangement; holding out as partners when not partners |
| Op 90-009 | attorney sharing office space with private business |
| Op 91-005 | division of fees by lawyers who practice in association with each other but not as partnership |
| Op 91-009 | division of fees by lawyers with separate law practices in same building; filing systems of lawyers with separate practices; sharing non-lawyer personnel by attorneys with separate practices |
| Op 92-013 | assistant county prosecutor and lawyer whose practice includes criminal defense representation sharing office space |
| Op 94-014 | assistant county prosecutor and lawyer whose practice includes criminal defense representation sharing office space and co-counseling on civil cases |
| Op 95-001 | use of “and Associates” in firm name; telephone salutation |
| Op 06-002 | solo practitioner naming law firm “The X Law Group” when “X” is the solo practitioner’s surname and “X” employs one or more attorneys as associates; use of “Group” or “Law Group” or “and Associates” in a firm name; reference to paralegals, other non-attorney personnel, office sharing attorneys or other “of counsel” attorneys |
| Op 17-005 | virtual law office; nonexclusive office-sharing |
| Op. 22-11 | Lawyers Sharing Office Space, Nonlawyer Staff, and Dividing Fees |
| OHIO ETHICS LAW | |
| See also FINANCIAL DISCLOSURE STATEMENTS | |
| Op 88-020 | discussion regarding Ohio Ethics Commission Op. 75-018 as to county commissioner privately representing persons in criminal cases before a court within the county in which he or she is commissioner |
| Op 91-011 | municipal judge serving as Board member of corporation that provides services to court by contract with city |
| Op 91-023 | part-time judge appointing attorney in his/her law firm to position of referee |
| Op 91-028 | filing of financial disclosure statements by clerk and deputy clerk of the Court of Claims |
| Op 92-014 | referees and magistrates soliciting or accepting financial or other support from individuals,, businesses, or law firms for an annual educational meeting |
| Op 92-018 | attorney who is court administrator accepting offer to author a handbook and to receive royalties from a legal publisher that does business with the court |
| Op 93-002 | judge appointing attorney to represent parties when the attorney is employed by the judge’s son as an associate in a law practice |
| Op 93-004 | judge appointing relatives to represent indigent parties |
| Op 94-001 | deputy bailiff of a municipal court privately owning tenant eviction business |
| Op 94-012 | judge accepting compensation for teaching at state or private colleges or universities on the law, the legal system, and the administration of justice |
| Op 95-004 | justices and judges accepting complimentary books from publisher that does business with the court |
| Op 95-008 | judge accepting offer to attend trial lawyers association meeting without paying registration fee |
| Op 95-009 | judge accepting compensation for teaching continuing legal education classes; compensation for motivational speaking |
| Op 98-010 | judge accepting an honorary membership to a country club; accepting a round of golf or a ticket to a sports event from an attorney; reporting as gifts |
| Op 98-012 | extrajudicial business activities by full-time judges and full-time magistrates; family business exception; delivering newspapers or driving a package delivery truck |
| Op 01-005 | court-employed attorney/mediator conducting private fee-paid mediations |
| Op 02-009 | judge appointed member of Ohio Children’s Trust Fund Board; judge appointed member of a County Family and Children First Council |
| Op 02-010 | probation officer employed in a municipal court department of probation soliciting or accepting employment by a for-profit company that operates a drivers’ intervention program for defendants found guilty of operating a motor vehicle while under the influence of alcohol and sentenced by the court to attend a drivers’ intervention program as a condition of probation |
| Op 03-004 | whether president/CEO and employees of non-profit organization that operates a community-based correctional facility and program on which judge serves as a member of judicial corrections board are judicial officers or employees for purposes of Ohio Ethics Law |
| Op 04-005 | municipal court judge accepting a donation of ten carbines to a court’s probation department for use in court security |
| Op 04-006 | municipal court judge establishing and chairing an arts committee to commission an artist and decide upon artwork for the court’s historic building |
| Op 04-010 | part-time municipal court judge appointing son or daughter as acting judge to serve during the judge’s vacation |
| Op 04-013 | municipal court judge preparing and signing a letter requesting local businesses to donate small items for use as program rewards and incentives for defendants in mental health court; judge directing court employees to solicit such donations |
| Op 05-002 | association of judicial employees charging vendors a fee to set up a booth at the association’s educational conference or permitting vendors to sponsor a meal, reception, open house, or other similar activity at the conference |
| Op 05-005 | former magistrate, now privately practicing law, representing a person in post-decree matters when he or she served as magistrate in the person’s original divorce or dissolution action |
| Op 06-003 | probate judge teaching a course on adult protective services at a training program for employees of county departments of job and family services and receiving compensation |
| Op 06-007 | municipal court judge serving on the board of trustees of a non-profit corporation that provides mental health and counseling services that defendants use to fulfill conditions of probation and that contracts with the court to provide services for the court’s mental health program docket |
| Op 09-001 | full-time magistrate engaging in outside employment as an independent contractor performing legal research projects for a legal publishing company |
| Op 09-002 | juvenile court judge (or court staff) accepting travel expenses (payment or reimbursement of travel, meals, and lodging from the owners of a private placement facility that receives or seeks to receive placements of juveniles by the court; juvenile court judge (or court staff) attending a conference and accepting a gratuitous non-conference meal paid for by a private placement facility that receives or seeks to receive placements of juveniles by the court; reporting on annual financial disclosure statement |
| Op 09-004 | domestic relations lawyer-mediator preparing necessary legal documents for filing by or on behalf of one or both parties in a domestic relations proceeding; application of ethical rules and Ohio Ethics Law to subsequent representation by court employee lawyer-mediator |
| Op 17-006 | a court may not employ a person who is simultaneously employed by a nonprofit drug treatment center that has contracted with the court to provide services for its specialized drug court docket. |
| Op 19-011 | former magistrate, now privately practicing law, representing a person in post-decree matters when he or she served as magistrate in the person’s original divorce or dissolution action |
| Op. 23-01 | Judge Soliciting Donations for Specialized Docket Court |
| OUT-OF-STATE ATTORNEY | |
| Op 18-002 | Out-of-state lawyer representing lending institution |
| See also LEGAL RESEARCH AND WRITING | |
| Op 89-037 | practice by attorney awaiting admission in Ohio |
| Op 90-012 | attorney representing out-of-state lending institutions making loans in Ohio |
| Op 91-004 | partnership with attorney licensed out of state; trade name, letterhead, direct mail, fees |
| Op 91-024 | person licensed in another state and employed in Ohio as a collections manager for a company using “esquire” on collection letters |
| Op_91-006 | federal practice of attorney not licensed in any state |
| Op 92-002 | communicating with potential or actual class members through direct mail |
| Op 99-007 | attorney not licensed in Ohio but licensed in another state being a member, partner, or other equity holder in an Ohio law firm; being a member, partner, or other equity holder in two unrelated firms |
| Op 02-004 | paralegal taking deposition; out-of-state attorney taking deposition in Ohio; Ohio attorney taking deposition in state outside of Ohio |
| Op 02-006 | Ohio attorney contacting Ohio counsel for appellant or appellee to convey an interest in serving as appellate counsel; Ohio attorney contacting out-of-state counsel for out-of-state counsel to offer assistance as local counsel in matter filed in Ohio; Ohio attorney using direct mail solicitation to inquire whether an out-of-state corporate party is represented by counsel; communication in-person, telephone, mail, e-mail or facsimile |
| Op 04-011 | Ohio attorney practicing law in Ohio law firm and becoming “of counsel” to a lawyer or law firm in another state; out-of-state attorney becoming “of counsel” to a lawyer or law firm in Ohio |
| Op 08-001 | lawyer in law firm serving as “of counsel” to another lawyer or law firm; ethical implications of the “of counsel” relationship as to registration status, firm names and letterhead, division of fees, conflicts of interest, multiple “of counsel” relationships; and “of counsel” relationship with out-of-state lawyers or law firms |
| Op 11-002 | Multijurisdictional Practice and Debt Settlement Legal Services |
| Op 16-009 | out-of-state lawyer practicing exclusively before federal courts and agencies |
| Op. 22-13 | Taking of a Deposition by a Paralegal or Out-of-State Lawyer |
| OUTSOURCING LEGAL OR SUPPORT SERVICES | |
| See also TEMPORARY LAWYER SERVICES | |
| Op 09-006 | outsourcing legal or support services domestically or abroad, either directly to lawyers or nonlawyers or indirectly through an independent service provider; disclosure; supervision; billing as fee or expense |
| Op 09-009 | plaintiff’s personal injury lawyer retaining outside law firm to provide health care lien resolution services in a settled matter; charging the client for the service as part of the contingent fee or as an expense of litigation |
| P | |
| PARALEGALS | |
| Op 02-004 | paralegal taking deposition; out-of-state attorney taking deposition in Ohio; Ohio attorney taking deposition in state outside of Ohio |
| Op 06-002 | solo practitioner naming law firm “The X Law Group” when “X” is the solo practitioner’s surname and “X” employs one or more attorneys as associates; use of “Group” or “Law Group” or “and Associates” in a firm name; reference to paralegals, other non-attorney personnel, office sharing attorneys or other “of counsel” attorneys |
| Op. 22-13 | Taking of a Deposition by a Paralegal or Out-of-State Lawyer |
| PARTNERSHIPS | |
| See also RETIRED ATTORNEYS | |
| Op 88-019 | holding law practice out as partnerships when attorneys no longer are partners |
| Op 88-036 | office sharing attorneys using joint letterhead; holding out as partners when not partners |
| Op 90-014 | partnership or employment agreement restricting the right of a lawyer to practice law after termination |
| Op 91-003 | employment agreement in which departing associate pays fees to law firm |
| Op 91-004 | trade name, firm name when partners licensed in different jurisdictions, direct mail, fees |
| Op. 21-07 | Employment Agreements Regarding Division of Fees Earned Post-Separation |
| PART-TIME JUDGES | |
| See JUDGES | |
| PHYSICIAN | |
| See also CHIROPRACTOR; SAFEKEEPING FUNDS AND PROPERTY OF CLIENT AND THIRD PERSONS | |
| Op 95-012 | payment to client of all settlement funds despite client’s agreement with physician to pay medical expenses out of the proceeds of a settlement and attorneys promise to do so |
| Op. 23-10 | Lawyer’s Obligation When Letter of Protection Issued to Medical Services Provider |
| PRACTICE OF LAW | |
| See also UNAUTHORIZED PRACTICE OF LAW | |
| Op 88-018 | legal research and writing for law firms and lawyers |
| Op 88-036 | judge preparing wills for relatives |
| Op 88-035 | lawyer’s practice with more than one firm |
| Op 89-031 | attorney employed by a certified public accountant’s firm for purpose of practicing law; practice of law in association with a layman |
| Op 89-037 | lawyer awaiting admission in Ohio giving legal advice directly to clients |
| Op 90-006 | suspended/disbarred lawyer working in law office |
| Op 90-012 | out-of-state law firm representing out-of-state lending institutions regarding loans made to persons in Ohio |
| Op 91-006 | federal practice of attorney not licensed in any state |
| Op 91-025 | judge’s preparation, filing, and prosecution of patent applications |
| Op 11-002 | Multijurisdictional Practice and Debt Settlement Legal Services |
| Op 16-009 | out-of-state lawyer practicing exclusively before federal courts and agencies |
| Op. 21-009 | Employment of a Disqualified or Suspended Lawyer |
| PREPAID LEGAL SERVICES | |
| See GROUP LEGAL SERVICES | |
| PRO BONO | |
| Op 05-007 | attorney volunteering in a bar association sponsored program providing public education and pro bono legal services regarding advance directive forms; individual lawyers or law firms, acting on their own and not through a proper auspice such as a bar association, to provide public education and pro bono legal services regarding advance directive forms |
| PROFESSIONAL LIABILITY INSURANCE | |
| Op 05-001 | attorney who performs research and writing on a contract basis to other attorneys is not subject to professional liability insurance notice requirement |
| Op 07-006 | court appointed lawyer for indigent criminal defendant is not required to provide notice to defendant that lawyer does not maintain professional liability insurance |
| PROSECUTORS | |
| Op 87-024 | prosecutor or members of prosecutor’s office appearing before prosecutor’s spouse who is judge |
| Op 87-038 | former prosecutor now referee hearing cases he or she filed; hearing cases based on new facts or circumstances involving a client for whom he or she appeared; hearing cases brought by prosecutor’s office |
| Op 88-008 | part-time prosecutor doing criminal defense work |
| Op 88-013 | prosecuting attorney appearing before part-time judge who employs prosecutor’s assistant in private practice |
| Op 88-015 | former public defender now county prosecutor appointing assistant to handle cases which were pending when he/she worked at public defender’s office |
| Op 88-025 | extra-judicial statements related to criminal investigations, trial publicity |
| Op 89-009 | municipal prosecutor’s duty to report that criminal defense attorney is employed in same law office as county prosecutor |
| Op 89-023 | part-time prosecutor who is police officer testifying as a witness |
| Op 89-034 | prosecutor or attorney general who represents judge in a pending law suit appearing before the judge; appearances by other members of prosecutor’s office or attorney general’s office; rule of necessity; disqualification |
| Op 90-010 | part-time prosecutor in child enforcement agency; representation of opposing parties by part-time CSEA attorney and part-time public defender who are siblings and in private practice together |
| Op 91-022 | representation of opposing parties by prosecuting attorney and criminal defense attorneys who are siblings and former law partners |
| Op 92-007 | opposing counsels communication with county commissioners outside prosecutor’s presence |
| Op 92-013 | assistant county prosecutor in part-time practice sharing or subletting office space from attorney who does criminal defense |
| Op 93-007 | representation of opposing parties by prosecuting attorney and criminal defense attorney who are spouses; representation by law partners and associates of criminal defense attorney; representation by other attorneys in county prosecutor’s office |
| Op 94-006 | special county prosecutor representing criminal defendants |
| Op 94-010 | prosecutor’s offer to dismiss criminal charges that lack merit in exchange for a defendant’s promise to release all civil claims against the police and the city |
| Op 94-014 | assistant prosecutor and lawyer who represents criminal defendants sharing office space and co-counseling on civil cases |
| Op 95-011 | different attorneys from same prosecutor’s office simultaneously handling the prosecutions of family members charged with domestic violence |
| Op 99-008 | criminal defense attorney’s duty to notify court of a clerical error in a defendant’s sentence in a judgment entry drafted by the prosecutor’s office; duty to notify court of a possible misinterpretation of a sentence by the Department of Rehabilitation and Corrections |
| Op 01-006 | prosecutor negotiating and criminal defense attorney advising a defendant to enter a plea agreement that waives the defendant’s appellate or postconviction claims of ineffective assistance of trial counsel or prosecutorial misconduct |
| Op 03-005 | law director or assistant law director acting as an advocate in a trial in which another attorney in the law director’s office will testify as a witness on behalf of the city |
| Op 03-007 | judge appointing attorney to serve as special prosecutor in the same county (and even in the same court) in which the attorney represents criminal defendants |
| Op 07-004 | city director of law determining whether conflict of interest exists in the representation of city, city officials, or city entities; representation by assistant city law directors |
| Op 08-005 | city director of law or assistant city director of law representing criminal defendants; lawyers associated in a law firm with city director of law or assistant city director of law representing criminal defendants in a proceeding prosecuted by city director of law or assistant city director of law; lawyer associated in a law firm with city director of law or assistant city director of law being privately retained to represent criminal defendants;lawyer associated in a law firm with city director of law or assistant city director of law serving as court appointed counsel, public defender, or co-counsel to a public defender |
| Op 08-006 | city director of law or assistant city director of law who has no legal duty to represent the state of Ohio may represent criminal defendants under certain conditions; village solicitor who has no legal duty to represent the state of Ohio may represent criminal defendants under similar conditions; court appointments subject to R.C. 120.39 |
| Op 09-003 | county prosecuting attorney representing multiple statutory clients in the negotiation of a contract or a memorandum of understanding; representing multiple statutory client in the filing of a lawsuit by one of the client asserting a claim against the other; representation by different assistant prosecuting attorneys |
| Op 14-002 | part-time prosecutors doing criminal defense work |
| Op 19-008 | criminal defense lawyer employed as associate in same law firm as county prosecutor; county prosecutor’s disqualification from representing criminal defendants imputed to associate in private practice; duty to report |
| Op 19-009 | county prosecutor’s office’s representation of adverse clients |
| Op. 20-05 | law director acting as an advocate in a trial in which another lawyer in the same office is a witness |
| Op. 22-01 | Imputation of Part-Time Assistant Prosecutor Conflict to County Prosecuting Attorney |
| Op. 22-06 | Conflicts Arising out of Personal Relationships with Opposing Counsel |
| Op. 22-04 | Imputation of County Prosecuting Attorney’s Former Client and Firm Conflicts to an Assistant Prosecuting Attorney |
| Op. 22-12 | Prosecutor Preparation of Judgment Entry |
| PUBLIC DEFENDERS | |
| See also CRIMINAL DEFENSE REPRESENTATION | |
| Op 88-002 | county public defender running for county prosecutor |
| Op 88-015 | former public defender as prosecutor; imputed disqualification |
| Op 90-010 | part-time public defender and part-time CSEA attorneys who are siblings and in private practice together |
| Op 07-006 | court appointed lawyer for indigent criminal defendant providing notice to defendant that lawyer does not maintain professional liability insurance |
| Op 08-004 | assistant county public defender representing c0-defendants at a preliminary hearing in a felony case; representation by two different assistant public defenders in the same county public defender’s office; assistant county public defender representing one co-defendant in a felony case while simultaneously representing the other co-defendant in an unrelated misdemeanor case; representation by two different assistant public defenders in the same county public defender’s office; representation of a criminal defendant when a former client in an unrelated matter is a witness in the defendant’s criminal case |
| Op 08-005 | city director of law or assistant city director of law representing criminal defendants; lawyers associated in a law firm with city director of law or assistant city director of law representing criminal defendants in a proceeding prosecuted by city director of law or assistant city director of law; lawyer associated in a law firm with city director of law or assistant city director of law being privately retained to represent criminal defendants; lawyer associated in a law firm with city director of law or assistant city director of law serving as court appointed counsel, public defender, or co-counsel to a public defender |
| Op 08-006 | city director of law or assistant city director of law who has no legal duty to represent the state of Ohio may represent criminal defendants under certain conditions; village solicitor who has no legal duty to represent the state of Ohio may represent criminal defendants under similar conditions; court appointments subject to R.C. 120.39 |
| Op 10-005 | assistant state public defender in central appellate office conducting a merit review, prosecuting an appeal, or pursuing a postconviction remedy asserting that another assistant state public defender in a trial branch office rendered ineffective assistance at trial; imputation of conflict of interest of trial branch office and central appellate office assistant state public defenders |
| Op 13-004 | Cross-Examination of a Former Criminal Client in an Unrelated Matter |
| Op. 22-04 | Imputation of County Prosecuting Attorney’s Former Client and Firm Conflicts to an Assistant Prosecuting Attorney |
| PUBLIC OFFICIALS/EMPLOYEES | |
| See also JUDGES; JUDICIAL EMPLOYEES; OHIO ETHICS LAW; PROSECUTORS; PUBLIC DEFENDERS | |
| Assistant attorney general | |
| Op 88-010 | lawyer who is commissioner with court of claims serving as a special assistant attorney general |
| Op 89-034 | attorney from prosecutor’s office or attorney general’s office representing judge |
| Child support enforcement agency attorney | |
| Op 90-010 | representing interests of the state; representing criminal or traffic clients in private practice; representing domestic relations clients; representing opposing parties when sibling is public defender; non-attorney support staff doing intake, interviews, and preparation of forms |
| Op 06-006 | CSEA staff attorney representing the state in a contempt action filed against a party for failure to abide by a court order involving a CSEA matter in which that staff attorney issued administrative orders as a CSEA administrative hearing officer; representing the state in any other action involving a CSEA matter in which that staff attorney participated as the CSEA hearing officer making determinations or issuing administrative orders; representing the state in an action in which a party is a person who once appeared before the staff attorney who served as the administrative hearing officer |
| Op. 23-06 | Child Support Enforcement Agency Staff Attorney’s Prior Service as a Child Support Enforcement Agency Administrative Hearing Officer |
| City Council Person | |
| Op 96-006 | city council person private representation of clients in civil and criminal matters in municipal court |
| City Director of Law | |
| Op 87-022 | city law director appearing before judge/father/partner |
| Op 88-008 | part-time prosecutor doing criminal defense work; narrow |
| Op 89-010 | city law director consenting to judge’s brother-in-law representing criminal defendants and appearing before the judge |
| Op 03-005 | law director or assistant law director acting as an advocate in a trial in which another attorney in the law director’s office will testify as a witness on behalf of the city |
| Op 07-004 | city director of law determining whether conflict of interest exists in the representation of city, city officials, or city entities; representation by assistant city law directors. |
| Op 08-005 | city director of law or assistant city director of law representing criminal defendants; lawyers associated in a law firm with city director of law or assistant city director of law representing criminal defendants in a proceeding prosecuted by city director of law or assistant city director of law; lawyer associated in a law firm with city director of law or assistant city director of law being privately retained to represent criminal defendants; lawyer associated in a law firm with city director of law or assistant city director of law serving as court appointed counsel, public defender, or co-counsel to a public defender |
| Op 08-006 | city director of law or assistant city director of law who has no legal duty to represent the state of Ohio may represent criminal defendants under certain conditions; village solicitor who has no legal duty to represent the state of Ohio may represent criminal defendants under similar conditions; court appointments subject to R.C. 120.39; Modifies Op. 2008-5 |
| Op 19-005 | city director of law determining whether conflict of interest exists in the representation of city, city officials, or city entities; representation by assistant city law directors. |
| Op. 20-05 | law director acting as an advocate in a trial in which another lawyer in the same office is a witness |
| County Commissioner | |
| Op 88-020 | county commissioner who is lawyer representing clients in common pleas court |
| Op 92-007 | attorney’s communication of client’s position to county commissioners at a public meeting without prosecuting attorney being present |
| Court of Claims Commissioner | |
| Op 88-010 | Court of Claims Commissioner serving as a Special Assistant Attorney General |
| Post employment restrictions | |
| Op 87-038 | former assistant prosecuting attorney now referee |
| Op 88-015 | former county defender now county prosecutor; imputed disqualification |
| Op 90-010 | former CSEA attorney in private practice |
| Op 93-008 | former judge now in private practice |
| Op 05-005 | former magistrate now in private practice |
| Op. 22-04 | Imputation of County Prosecuting Attorney’s Former Client and Firm Conflicts to an Assistant Prosecuting Attorney |
| Running for different office | |
| Op 88-002 | county public defender running for county prosecuting attorney |
| Village Solicitor | |
| Op 08-006 | city director of law or assistant city director of law who has no legal duty to represent the state of Ohio may represent criminal defendants under certain conditions; village solicitor who has no legal duty to represent the state of Ohio may represent criminal defendants under similar conditions; court appointments subject to R.C. 120.39 |
| R | |
| RADIO | |
| Op 94-013 | attorney’s participation in radio talk shows |
| REAL ESTATE | |
| Op 88-030 | legal services corporation attorney representing client in a real estate transaction |
| Op 88-032 | attorney for purchaser discussing matters prior to arrival of seller’s attorney |
| Op 90-009 | lawyer concurrently representing a client as a lawyer and a realtor; lawyer for personal representative of estate acting as realtor in selling estate property |
| Op 91-008 | lawyer renting office space in real estate co-owned by judge and judge’s spouse; appearing before judge |
| Op 02-001 | law firm entering a business agreement to pay annual fee to a real estate agency and to offer discounted legal services to customers of the real estate agency in exchange for the agency promoting the law firm as a service provider in a real estate benefits program |
| Op 20-09 | Payment of an Annual Fee to a Real Estate Agency for Participation in Benefits Program |
| REFEREES | |
| See JUDGES | |
| RECORDED CONVERSATIONS | |
| Op 97-003 | attorney’s surreptitious recording of conversations with clients, opposing parties, opposing counsel, and others |
| Op 12-001 | Surreptitious (Secret) Recording by Lawyers |
| REFERRALS AND RECOMMENDATIONS | |
| Op 87-004 | lawyer sending letter to other lawyers requesting referrals |
| Op 88-009 | lawyer seeking referrals from organization involved in the adoption of special children/offering legal services at a discounted rate for handling adoptions |
| Op 88-012 | free consultation by lawyer as part of funeral director’s package |
| Op 89-008 | lawyer or law firm participating in a legal services plan offering free consultation and discounted legal fees to members of various teachers’ associations |
| Op 89-025 | legal aid society referring cases in which it has a conflict to volunteer lawyers’ project |
| Op 90-009 | lawyer who is realtor recommending his or her legal services to real estate client |
| Op 90-011 | legal services attorney making in-person offer to represent indigent defendant who appeared in court without representation |
| Op 91-007 | lawyer referral service providing joint advertising and screening of potential client for referral to lawyers |
| Op 91-017 | lawyer requesting union representative to recommend attorney to union membership |
| Op 91-019 | lawyer receiving referrals from non-profit social service agency while providing pro-bono legal services to agency and making periodic voluntary contributions |
| Op 91-026 | lawyer contacting by mail an officer or manager of a business corporation regarding employment of lawyer for general representation |
| Op 92-001 | lawyer paying percentage of fees earned to bar association lawyer referral service |
| Op 92-015 | law firm assisting business corporation in sale of legal forms and advising corporation’s clients |
| Op 92-017 | corporation referring clients to corporation’s lawyer for private representations lawyer |
| Op 94-011 | financing company requiring attorney to prospectively agree to pay the company a percentage of a legal fee when earned in exchange for the company’s loan to client |
| Op 95-006 | lawyer paying percentage of fees earned to non-profit organizations other than bar associations |
| Op 98-001 | lawyer receiving referrals from a group legal services plan established by the lawyer and offered through an organization formed and operated by the lawyer |
| Op 99-003 | attorney listed in online directory of professional association; links from attorney’s name attorney’s e-mail address or law firm web site; links from online membership directory of a professional association to another related association; link does not constitute a referral unless facts indicate it is a referral |
| Op 99-007 | law firm does not become a lawyer referral service by referring clients it cannot competently handle to another law firm |
| Op 00-001 | lawyer accepting a referral fee from a financial services group for referring clients in need of financial services |
| Op 00-005 | attorney participating as a “referral affiliate attorney” for an online referral service that requires the attorney to pay the service a percentage of legal fees earned from the clients referred |
| Op 01-002 | lawyer contacted by a law-related commercial Web site that offers to make available the attorney’s name, address, phone number, area of practice to potential clients in exchange for the attorney providing compensation to the company; payment for advertisement versus payment for referral; assisting in the unauthorized practice of law |
| Op 02-001 | law firm entering a business agreement to pay annual fee to a real estate agency and to offer discounted legal services to customers of the real estate agency in exchange for the agency promoting the law firm as a service provider in a real estate benefits program |
| Op 02-011 | lawyer participating in a group legal services plan paid for by a church to provide estate planning services at no cost to church members |
| Op 03-001 | law firm’s representation of buyers or sellers of business entities; laws firm’s assistance in locating buyers or sellers through the law firm or through ancillary business; law firm’s referrals to business broker; law firm’s referrals to lenders; law firm’s fee based on percentage of transaction price; law firm sharing fee with business broker |
| Op 04-001 | unsolicited commercial e-mail advertising of legal services by lawyers, lawyer advertising services, or lawyer referral services |
| Op 04-009 | attorney sending letter to chiropractor asking to meet to provide information regarding the attorney’s legal services; mutual referral agreements; self-recommendation |
| Op 16-003 | lawyer participation in online legal referral services |
| Op 19-010 | lawyer accepting a referral fee from a financial services group for referring clients in need of financial services |
| Op. 20-08 | Payment of an Annual Fee to a Real Estate Agency for Participation in Benefits Program |
| Op. 23-02 | Solicitation of Clients by Nonprofit Legal Aid Lawyers |
| Op. 24-01 | In-House Lawyer Representation of Corporation’s Customers |
| REGISTRATION | |
| Op 88-035 | lawyer performing legal services during time period when delinquent in paying registration |
| Op 89-026 | lawyer with “inactive” registration status rendering free legal services to church members; “inactive” registration status while serving as judicial clerk |
| Op 91-001 | retiring lawyer with “inactive” registration status being listed in law directory; exemption from continuing legal education requirements; receiving compensation from law firm other than retirement benefits |
| Op 91-018 | retiring attorney with “inactive” or “retired” registration status including name in firm name, listing name on letterhead, having of counsel relationship |
| Op 92-004 | attorney with “inactive” or “retired” registration status serving on certified grievance committees; lecturing on legal subjects at CLE programs; performing duties of paralegal or student law clerk; serving on boards and commissions |
| Op 96-003 | attorney with inactive registration status continuing to hold shares in a legal professional association; attorney with inactive registration status name in firm name; retired attorney’s name in firm name |
| Op 08-001 | lawyer in law firm serving as “of counsel” to another lawyer or law firm; ethical implications of the “of counsel” relationship as to registration status, firm names and letterhead, division of fees, conflicts of interest, multiple “of counsel” relationships; and “of counsel” relationship with out-of-state lawyers or law firms |
| RELATIVES | |
| See CONFLICTS OF INTEREST; Disqualification of lawyers, CONFLICTS OF INTEREST, Relatives representing opposing parties; JUDGES, Relatives | |
| RESTRICTIVE COVENANTS | |
| See also DEPARTING ATTORNEYS | |
| Op 90-014 | employment agreement restricting the right of a lawyer to practice law after termination of the employment agreement |
| Op 91-003 | departing associate paying fees to firm |
| Op 20-01 | covenant not to compete offered to in-house counsel |
| Op. 21-07 | Employment Agreements Regarding Division of Fees Earned Post-Separation |
| RETAINER | |
| See FEES | |
| RETIRED ATTORNEY | |
| Op 91-001 | retired attorney with inactive status registration; exemption from CLE; listing in law list or directory; reference to self as inactive partner; payment pursuant to separation or retirement agreement |
| Op 91-018 | attorney with retired or inactive registration status; name in firm name; name on letterhead; “of counsel” relationship |
| Op 92-004 | attorney with retired or inactive registration status; serving on certified grievance committees; lecturing on legal subjects at CLE programs; performing duties of paralegal or student law clerk; serving on boards and commissions |
| Op 96-003 | attorney with inactive registration status continuing to hold shares in a legal professional association; attorney with inactive registration status name in firm name; retired attorney’s name in firm name |
| S | |
| SAFEKEEPING FUNDS AND PROPERTY OF CLIENT AND THIRD PERSONS | |
| Op 07-007 | safekeeping funds of a third person when lawyer knows a third person has a lawful claim to funds in the lawyer’s possession |
| Op. 22-07 | Lawyer Accepting and Holding Cryptocurrency in Escrow |
| SALE OF LAW PRACTICE | |
| Op 92-019 | sale of client files and lists |
| Op 02-012 | attorney’s transfer of shares in a legal professional association to an irrevocable trust for the benefit of individuals not licensed to practice law |
| Op. 19-002 | Transfer on Death of a Lawyer’s Shares in a Law Firm to a Revocable Trust |
| SCREENING | |
| See CONFLICTS OF INTEREST | |
| SURREPTITIOUS RECORDING | |
| Op 97-003 | attorney’s surreptitious recording of conversations with clients, opposing parties, opposing counsel, and others |
| Op 12-001 | Surreptitious (Secret) Recording by Lawyers |
| SEMINARS | |
| Op 87-007 | advertising and conducting seminar |
| Op 92-014 | referees and magistrates soliciting or accepting financial support for annual educational meeting |
| Op 94-013 | advertising, sponsoring, co-sponsoring, acceptance of employment from legal seminars; radio talk shows |
| SETTLEMENT | |
| Op 90-001 | confidentiality in settlement agreement; duty to report attorney misconduct |
| Op 95-012 | payment of all settlement funds to client despite client’s agreement with physician to pay medical expenses out of proceeds and attorneys promise to do so |
| Op 96-002 | attorney for tortfeasor’s insurer preparing application for guardianship appointment and application for approval of settlement of the minor’s claim and appearing in court for final approval of the settlement when minor and minor’s parents are unrepresented by counsel during negotiation and settlement of the minor’s injury claim |
| Op 02-007 | advertising that lists settlement or verdict amounts obtained in past cases |
| Op 03-002 | providing statistics to attorneys, business clients, and potential clients regarding the number of intellectual property matters won, lost, and settle by the law firm |
| Op 04-002 | attorney, upon reaching settlement agreement in a client’s legal matter, selling or assigning his or her legal fee to a funding company in exchange for immediate cash at a small discount to the full value of the legal fee. |
| Op 07-007 | safekeeping funds of a third person when lawyer knows third person has a lawful claim to funds in the lawyer’s possession |
| Op 10-006 | lawyer entering into a contingent fee agreement whereby client grants lawyer a power of attorney to take any action and execute all documents the attorney deems necessary in the matter, including but not limited to signing on the client’s behalf a settlement agreement and release, a settlement check, or a closing statement |
| Op 11-001 | plaintiff’s lawyer personally agreeing, as a condition of settlement, to indemnify the opposing party from any and all claims by third persons to the settlement funds; lawyer proposing or requiring, as a condition of settlement, that a plaintiff’s lawyer make a personal agreement to indemnify the opposing party from any and all claims by third person to the settlement funds |
| Op. 18-003 | Settlement agreement prohibiting a lawyer’s disclosure of information contained in a court record. |
| Op. 23-10 | Lawyer’s Obligation When Letter of Protection Issued to Medical Services Provider |
| Op. 23-09 | Opposing Counsel’s Preparation of Application to Settle a Minor’s Claim |
| SOLICITATION | |
| See ADVERTISING AND SOLICITATION; REFERRALS AND RECOMMENDATIONS | |
| SPECIALIZED DOCKETS | |
| Op 03-004 | whether president/CEO and employees of non-profit organization that operates a community-based correctional facility and program on which judge serves asmember of judicial corrections board are judicial officers or employees for purposes of Ohio Ethics Law |
| Op 04-013 | municipal court judge preparing and signing a letter requesting local businesses to donate small items for use as program rewards and incentives for defendants in mental court; judge directing court employees to solicit such donations |
| Op 06-007 | municipal court judge serving on the board of trustees of a non-profit corporation that provides mental health and counseling services that defendants use to fulfill conditions of probation and that contracts with the court to provide services for the court’s mental health program docket |
| Op 09-002 | juvenile court judge (or court staff) accepting travel expenses (payment or reimbursement of travel, meals, and lodging from the owners of a private placement facility that receives or seeks to receive placements of juveniles by the court; juvenile court judge (or court staff) attending a conference and accepting a gratuitous non-conference meal paid for by a private placement facility that receives or seeks to receive placements of juveniles by the court; reporting on annual financial disclosure statement |
| Op 17-006 | a court may not employ a person who is simultaneously employed by a nonprofit drug treatment center that has contracted with the court to provide services for its specialized drug court docket. |
| Op. 23-01 | Judge Soliciting Donations for Specialized Docket Court |
| SPECIALIZATION | |
| See ADVERTISING AND SOLICITATION | |
| SPEECH | |
| See also JUDGES; SEMINARS | |
| Op 88-025 | prosecutor’s speech regarding a criminal matter |
| SPOUSES | |
| See CONFLICTS OF INTEREST; Disqualification of lawyers, CONFLICTS OF INTEREST, Relatives representing opposing parties; JUDGES, Relatives | |
| SUPERVISION OF LAWYERS AND NONLAWYERS | |
| Op 08-007 | employment of disqualified (disbarred or resigned with discipline pending) or suspended attorney |
| Op 09-006 | outsourcing legal or support services domestically or abroad, either directly to lawyers or nonlawyers or indirectly through an independent service provider; disclosure; supervision; billing as fee or expense |
| SUSPENDED/DISBARRED LAWYER | |
| Op 89-002 | sharing fees with suspended or disbarred lawyer |
| Op 89-018 | files of deceased, suspended, or disbarred lawyer |
| Op 90-006 | suspended or disbarred lawyer as law clerk |
| Op 08-007 | employment of disqualified (disbarred or resigned with discipline pending) or suspended attorney |
| Op. 21-009 | Employment of a Disqualified or Suspended Lawyer |
| T | |
| TAPING | |
| Op 97-003 | attorney’s surreptitious recording of conversations with clients, opposing parties, opposing counsel, and others |
| Op 12-001 | Surreptitious (Secret) Recording by Lawyers |
| TELEPHONE/TELETHON/TELEVISION | |
| See ADVERTISING AND SOLICITATION; JUDGES, Telephone/Telethon/Television | |
| TEMPORARY LAWYER SERVICES | |
| See also OUTSOURCING LEGAL OR SUPPORT SERVICES | |
| Op 90-023 | business that provides lawyers or law firms with temporary lawyers |
| TRUST ACCOUNT | |
| Op 89-007 | deposit of retainer in separate identifiable bank account |
| Op 16-001 | flat fee paid into advance deposited in client trust account |
| Op 05-010 | attorney reporting unclaimed funds pursuant to R.C. Chapter 169 |
| Op 07-003 | lawyer accepting credit card payments from clients for earned legal fees, reimbursement of expenses, advances on unearned legal fees, and advances on future expenses; deposit into client trust account versus business account |
| Op 07-007 | safekeeping funds of a third person when lawyer knows a third person has a lawful claim to funds in the lawyer’s possession |
| Op 08-003 | disposition of client funds in a lawyer’s IOLTA or individual client trust account when either the identity or the whereabouts of the client who is the owner of the funds is unknown; reporting unclaimed funds to the state; duty of safekeeping funds and duty to protect client’s confidentiality |
| Op 11-001 | plaintiff’s lawyer personally agreeing, as a condition of settlement, to indemnify the opposing party from any and all claims by third persons to the settlement funds; lawyer proposing or requiring, as a condition of settlement, that a plaintiff’s lawyer make a personal agreement to indemnify the opposing party from any and all claims by third person to the settlement funds |
| Op 16-007 | after a check has been deposited, a lawyer may hold monies in a trust fund for a reasonable time prior to disbursement to a client or other person to ensure the check has cleared |
| Op. 22-07 | Lawyer Accepting and Holding Cryptocurrency in Escrow |
| TRIAL CONDUCT | |
| See CRIMINAL DEFENSE REPRESENTATION; PROSECUTORS; PUBLIC DEFENDERS | |
| U | |
| UNAUTHORIZED PRACTICE OF LAW | |
| See also LEGAL RESEARCH AND WRITING; PRACTICE OF LAW | |
| Op 88-035 | attorney’s failure to register |
| Op 89-026 | attorney with inactive registration status |
| Op 89-037 | out-of-state attorney awaiting admission in Ohio |
| Op 90-002 | screening of callers by telemarketing company |
| Op 90-010 | non-attorney child support enforcement agency employee doing client intake, conducting interviews and preparing forms |
| Op 90-012 | out-of-state law firm representing out-of-state lending institution regarding loans made to entities or persons in Ohio and secured by property in Ohio |
| Op 91-001 | attorneys with inactive registration status |
| Op 91-006 | federal practice by attorney licensed by federal bar, not licensed by state |
| Op 92-015 | sale of legal forms by business corporation; assistance by law firm |
| Op 92-017 | corporation’s attorney representing corporation’s clients |
| Op 94-009 | attorney participation in “in-house law firm” established by insurance company |
| Op 95-014 | attorney participation in “in-house law firm” established by insurance company |
| Op 01-002 | lawyer contacted by a law-related commercial Web site that offers to make available the attorney’s name, address, phone number, area of practice to potential clients in exchange for the attorney providing compensation to the company; payment for advertisement versus payment for referral; assisting in the unauthorized practice of law |
| Op 02-004 | paralegal taking deposition; out-of-state attorney taking deposition in Ohio; Ohio attorney taking deposition in state outside of Ohio |
| Op 11-002 | Multijurisdictional Practice and Debt Settlement Legal Services |
| Op 16-009 | out-of-state lawyer practicing exclusively before federal courts and agencies |
| Op. 22-13 | Taking of a Deposition by a Paralegal or Out-of-State Lawyer |
| Op. 24-01 | In-House Lawyer Representation of Corporation’s Customers |
| UNCLAIMED FUNDS | |
| Op 05-010 | attorney reporting unclaimed funds pursuant to R.C. Chapter 169 |
| Op 08-003 | disposition of client funds in a lawyer’s IOLTA or individual client trust account when either the identity or the whereabouts of the client who is the owner of the funds is unknown; reporting unclaimed funds to the state pursuant to R.C. Chapter 169; duty of safekeeping funds and duty to protect client’s confidentiality |
| V | |
| VIDEOTAPE | |
| Op 88-014 | lawyer videotaping the reading and execution of a will |
| VIRTUAL LAW OFFICE | |
| Op 17-005 | lawyer operating a virtual law office; office address; office-sharing |
| W | |
| WILLS | |
| Lawyer | |
| Op 88-014 | lawyer videotaping the reading and execution of a will |
| Op 89-014 | lawyer who prepared will named as executor; testifying in a proceeding |
| Op 89-031 | lawyer employed by CPA firm to prepare wills, trusts, pension, and estate tax returns and to administer estates |
| Judge | |
| Op 88-036 | judge preparing wills for relatives |
| Op 91-021 | judge serving as executor of close friend’s estate; judge as devisee of will |
| Op 92-005 | judge serving as executor and preparing and filing probate papers |
| WITHDRAWAL FROM REPRESENTATION | |
| Op 88-024 | withdrawal from representation of claimants in worker’s compensation cases in order to represent employers |
| Op 88-031 | collection of fees when attorney withdraws or is discharged |
| Op 90-007 | withdrawal if client refuses to reveal fraud |
| Op 92-008 | delivering files upon request by former client |
| Op 10-002 | lawyer’s duty to deliver lawyer’s notes of interview with a current or former client when current or former client requests client file |
| Op. 19-001 | Representation of Adverse Party in Unrelated Matters |
| WITNESS | |
| Op 89-014 | lawyer who prepared will serving as executor; testifying |
| Op 89-023 | assistant county prosecutor who is a police officer, prosecuting case and testifying as witness |
| Op 91-013 | health care professional who provides marital counseling to judge and spouse or who provides psychiatric treatment to judge’s spouse |
| Op 89-019 | judge’s spouse who is police officer appearing as witness in proceeding before the judge |
| Op 91-015 | attorney’s duty to protect confidences and secrets of a prospective client who consults with attorney but does not hire; attorney called to testify as impeachment witness |
| Op 94-008 | fee splitting agreement with private investigator |
| Op 03-005 | law director or assistant law director acting as an advocate in a trial in which another attorney in the law director’s office will testify as a witness on behalf of the city |
| Op 16-010 | duty to preserve confidential information of prospective clients; compelled testimony of lawyer |
| Op. 20-05 | law director acting as an advocate in a trial in which another lawyer in the same office is a witness |
| XYZ | |