Advisory Opinions
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Updated through Oct. 9, 2009
ACQUIRING INTEREST IN CAUSE OF ACTION OR SUBJECT OF REPRESENTATION
ADVANCING EXPENSES OF LITIGATION
Dual practice of law and other profession
Firm Name – (See FIRM NAME)
Internet – (See INTERNET)
Letterhead – (See LETTERHEAD)
Trade name – (See FIRM NAME)
ANCILLARY BUSINESS
(See also DUAL PRACTICE; JUDGES)
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)
ACQUIRING INTEREST IN CAUSE OF ACTION OR SUBJECT OF REPRESENTATION
Op. 04-8 
acquiring a mortgage on a client’s home to secure a legal fee
ADVANCING EXPENSES OF LITIGATION
Op. 87-1 lawyer advancing expenses of
litigation on behalf of client
Op. 94-5 lawyer suing client for expenses
of litigation; settlement permitting client to pay an amount less than amount
owed
Op. 94-8 lawyer sharing legal fee with
nonattorney investigator as payment for investigative work
Op. 94-11 financing company loaning money
to client
Op. 95-2 litigation expenses borne by
client in fixed flat fee agreement
Op. 95-12 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. 99-6 attorney referring client awarded
money judgment in a civil suit to a company that purchases a minority interest
in the judgment on appeal
Op. 2001-3 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. 2002-2 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. 88-9 attorney offering legal services
to organizations with discounted fee for adoption of "special children"
Op. 91-19 attorney receiving referrals
from non-profit social service agency to assist parent with private adoption
Op. 87-4 announcing lawyer's availability
as consultant to lawyers
Op. 87-34 announcing lawyer's new association
Op. 87-48 listing judge's name on former
firm’s letterhead, professional notices, or in firm name
Op. 91-26 contacting businesses to seek legal employment
Op. 93-8 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. 2006-4 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. 87-4 lawyer announcing availability to act as a consultant to or associate of other lawyers
Op. 2002-6 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)
Op. 87-27 lawyer becoming member of better
business bureau
Op. 88-29 lawyer advertising on billboard
Op. 89-16 office manager and other non-lawyer
employees having business cards
Op. 94-3 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. 98-1 lawyer sending to a group a
brochure advertising a group legal services plan
Op. 99-5 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. 2004-9 attorney sending letter to chiropractor asking to meet to provide information regarding the attorney’s legal services; mutual referral agreements; self-recommendation
Op. 2000-6 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. 89-24 advertisements containing client
testimonials
Op. 2000-6 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. 98-9 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. 2005-9 lawyer advertising with coupons for free consultation or dollars off the cost of legal services
Op. 98-5 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. 88-4 attorney listing in legal directory
in domestic relations book published by non-lawyers; listing law firms by specialty
in legal directory
Op. 91-1 listing attorneys with inactive
registration status in law list or directory
Op. 99-3 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. 88-23 lawyer and certified public
accountant
Op. 89-31 lawyer employed by certified
public accountant
Op. 90-9 lawyer and real estate agent
Op. 92-12 lawyer and farmer
Op. 93-1 legal advertisement identifying
attorney's degree in another field
Op. 94-3 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. 94-7 lawyer or law firm owning ancillary
business that provides law related services
Op. 2000-4 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. 2001-4 lawyer who is licensed insurance
agent selling annuities through law firm to estate planning clients of the lawyer
Op. 2004-1 unsolicited commercial e-mail advertising of legal services by lawyers, lawyer advertising services, or lawyer referral services
Op. 91-24 use of "Esquire"
by person licensed in another state but employed by Ohio company as a collection
manager
Op. 2002-6 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)
Op. 99-5 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. 2002-6 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. 2005-7 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
Internet – (See INTERNET)
Letterhead – (See LETTERHEAD)
Op. 88-1 to established clients
Op. 88-22 to non-clients
Op. 89-8 members of teachers' association
prepaid legal service plan
Op. 92-20 newsletters to clients, friends,
local businesses, professional and gov’t offices
Op. 2002-7 advertising that lists settlement or verdict amounts obtained in past cases
Op. 2003-2 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. 94-13 participation in radio talk
shows to educate public, acceptance of employment
Op. 87-7 advertising and conducting
Op. 94-13 advertising, sponsoring, co-sponsoring,
and acceptance of legal business from legal seminars; educational radio talk shows
Op. 2002-7 advertising that lists settlement or verdict amounts obtained in past cases
Op. 2003-2 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. 87-39 certification on letterhead
Op. 88-4 fields of practice or term "specialize"
in legal directory or law list
Op. 88-28 advertisement of handling specific
types of cases
Op. 92-12 non-legal background of lawyer
in advertisement
Op. 93-1 non-legal background of lawyer
in advertisement
Op. 93-5 advertising fields of practice
in telephone directory
Op. 98-4 recommendation letters by judges
or attorney hearing officers for applicants seeking certification as specialists
Op. 2005-6 attorney participating in television station's advertising and public service program entitled “Ask the Expert”
Op. 2002-7 advertising that lists settlement or verdict amounts obtained in past cases
Op. 2003-2 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. 87-7 advertising legal seminar to
targeted groups
Op. 88-3 indigent clients, legal aid
society
Op. 90-21 potential clients known to
need legal services
Op. 91-4 potential clients from foreclosures
or suits
Op. 91-26 contacting business to seek
legal employment
Op. 92-2 contacting potential or actual
class members during pendency of class action suit
Op. 92-20 newsletters to targeted/non-targeted
groups
Op. 94-13 advertising, sponsoring, co-sponsoring,
and acceptance of legal business from legal seminars; educational radio talk shows
Op. 2002-6 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. 2004-1 unsolicited commercial e-mail advertising of legal services by lawyers, lawyer advertising services, or lawyer referral services
Op. 2006-4 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. 2007-5 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. 87-4 follow up call to lawyers after
written announcement card regarding availability to serve as consultant
Op. 88-27 talking yellow pages
Op. 89-6 fields of practice in yellow
pages
Op. 90-2 telemarketing
Op. 91-26 follow up call to businesses
Op. 93-5 fields of practice, display
ads in yellow pages
Op. 2002-6 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. 2004-12 attorney advertising in telephone directories
Op. 2005-6 attorney participating in television station's advertising and public service program entitled “Ask the Expert”
Op. 92-10 legal advice over the
telephone for fee
Op. 93-1 900 service to provide legal
and nonlegal advice
Op. 95-1 attorneys sharing office space
Op. 89-30 group advertising through televised
injury helpline
Op. 91-7 lawyer referral service providing
joint advertising, screening and referral
Op. 92-3 group advertising of legal service/electronic
switching of calls to 800 number based on market areas designated by zip code
Op. 92-10 television advertising of telephone
legal advice
Op. 92-12 lawyer/farmer legal ad in farmer's
trade magazine
Trade name – (See FIRM NAME)
Op. 99-5 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. 2002-7 advertising that lists settlement or verdict amounts obtained in past cases
Op. 98-2 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. 90-19 certified grievance committees
sharing substance abuse information about lawyer being investigated by a lawyers'
assistance committee
Op. 90-18 relator amending complaint
prior to hearing
ANCILLARY BUSINESS
(See also DUAL
PRACTICE; JUDGES)
Op. 88-18 legal research and writing
service
Op. 90-23 business that provides lawyers or law firms with temporary lawyers
Op. 94-7 attorney or law firm owning
ancillary business that provides law-related services
Op. 97-5 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. 2000-4 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. 2001-4 lawyer who is licensed insurance
agent selling annuities through law firm to estate planning clients of the lawyer.
Op. 2003-1 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. 89-22 judge serving as trustee of
a claimant’s fund and acting as an arbitrator
Op. 90-15 lawyer as arbitrator in labor
management disputes; lawyer subject to Code of Professional Responsibility
Op. 96-9 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
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. 88-30 client's authority to make
decisions regarding representation
Op. 90-10 client of the Child Support
Enforcement Agency attorney; choice as a requirement for existence of attorney
client relationship
Op. 97-3 attorney’s surreptitious
recording of conversations with clients, opposing parties, opposing counsel, and
others
Op. 99-8 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. 2002-5 lawyer donating legal services to be auctioned or used as a prize drawing at a fund raiser for a charitable organization.