Advisory Opinions
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Updated through Oct. 9, 2009
CAMPAIGN PRACTICES – (See JUDGES)
CHILD SUPPORT ENFORCEMENT AGENCY
CHIROPRACTOR
(See also PHYSICIAN; SAFEKEEPING FUNDS AND PROPERTY OF CLIENT AND THIRD PERSONS)
CLIENT FILES – (See FILES)
CLIENT FUNDS AND PROPERTY – (See FEES; FILES; WITHDRAWAL FROM REPRESENTATION)
COMMINGLING – (See TRUST ACCOUNT)
COMPATIBLE/INCOMPATIBLE POSITIONS – (See CONFLICTS OF INTEREST; JUDGES; PROSECUTORS; PUBLIC DEFENDERS; PUBLIC OFFICIALS/EMPLOYEES)
CONFLICTS OF INTEREST
(See also JUDGES;
OHIO ETHICS LAW; CRIMINAL DEFENSE REPRESENTATION;
PROSECUTORS;
PUBLIC DEFENDERS; PUBLIC OFFICIALS)
Agreements to limit liability – (see LIMITING LIABILITY)
Agreements restricting right to practice
Disqualification of Lawyers/Imputed Disqualification
Donation of legal services as fund raiser for chaitable organization
Employment by certified public accountant firm
Fee payments from third persons
Financial Assistance to client – (See ADVANCING EXPENSES OF LITIGATION)
Lawyer's interests adverse to client
Proprietary interest in cause of action or subject matter of litigation
Relatives representing opposing parties
Representation adverse to existing client
Representation adverse to former client
COUNTY COMMISSIONER – (See PUBLIC OFFICIALS/EMPLOYEES)
CORPORATIONS
(See also FINANCING COMPANY; LEGAL PROFESSIONAL ASSOCIATION/LIMITED LIABILITY COMPANY/LIMITED LIABILITY PARTNERSHIP; LEGAL SERVICES PLANS)
CRIMINAL DEFENSE REPRESENTATION
(See also PROSECUTORS; PUBLIC DEFENDERS)
CAMPAIGN PRACTICES – (See JUDGES)
Op. 86-1 
grievance committee reporting criminal activity of attorney being investigated
Op. 89-18 grievance committee or disciplinary counsel appointing attorney to inventory files of dead, resigned, suspended, disbarred attorney or attorney who cannot be located
Op. 90-18 relator amending complaint prior to hearing
Op. 90-19 grievance committee sharing information with Lawyers' Assistance Comm.
Op. 92-4 retired or inactive attorneys serving as members of certified grievance committee
Op. 93-6 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
Op. 88-23 dual profession as lawyer and certified public accountant
Op. 89-31 certified public accounting firm hiring lawyer
CHILD SUPPORT ENFORCEMENT AGENCY
Op. 90-10 attorney for agency represents state; part-time private practice; non-attorney employees handling intake, doing interviews, and preparing forms
Op. 2006-6 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. 04-9 attorney sending letter to chiropractor asking to meet to provide information regarding the attorney’s legal services; mutual referral agreements; self-recommendation
Op. 87-1 advancing funds to client
Op. 92-2 contacting potential or actual class members during pending class action
CLIENT FILES – (See FILES)
CLIENT FUNDS AND PROPERTY – (See FEES; FILES; WITHDRAWAL FROM REPRESENTATION)
Op. 93-3 attorney confessing judgment
COMMINGLING – (See TRUST ACCOUNT)
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. 91-15 confidences and secrets of a person who consults with an attorney but does not hire the attorney; attorney called as impeachment witness
Op. 88-11 attorney for landlord contacting tenant when landlord knew tenant was represented by an attorney in a previous eviction action
Op. 88-32 purchaser's attorney communicating with seller at real estate closing
Op. 90-20 attorney communication with current and former employees of corporation
Op. 92-7 attorney communication with government officials, bodies, and employee
Op. 96-1 attorney communication with former employees of a corporation
Op. 05-3 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. 2006-5 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. 96-2 attorney communication with opposing party who is a minor and is unrepresented by counsel
Op. 97-3 attorney's surreptitious recording of conversations with client, opposing parties, opposing counsel, and others
COMPATIBLE/INCOMPATIBLE POSITIONS – (See CONFLICTS OF INTEREST; JUDGES; PROSECUTORS; PUBLIC DEFENDERS; PUBLIC OFFICIALS/EMPLOYEES)
Op. 86-1 grievance committee informing law enforcement officials of criminal activities of lawyer being investigated
Op. 89-5 attorney sharing office space preserving confidentiality of attorney client relationship
Op. 90-1 attorney reporting unprivileged knowledge of another attorney's misconduct
Op. 90-4 attorney reporting to Internal Revenue Service that client paid $10,000 in cash
Op. 90-7 attorney revealing client fraud
Op. 90-10 attorney for child support enforcement agency privately representing clients in pre-divorce hearings
Op. 90-19 grievance committee members sharing information with Laywers' Assistance Committee
Op. 91-9 attorneys with separate law practices in same building preserving confidences and secrets of clients; division of fees; non-attorney employees
Op. 91-15 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. 92-19 assistant county prosecutor protecting confidences when sharing office space or subletting from attorney who does criminal defense work
Op. 93-6 grievance committee members privately representing attorneys in disciplinary matters
Op. 93-11 attorney obtaining privileged information inadvertently through public records search
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. 2008-3 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. 2009-6 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
CONFLICTS OF INTEREST
See also JUDGES; OHIO ETHICS LAW; CRIMINAL DEFENSE REPRESENTATION; PROSECUTORS; PUBLIC DEFENDERS; PUBLIC OFFICIALS
Agreements to limit liability – (See LIMITING LIABILITY)
Agreements restricting right to practice
Op. 90-14 restrictive covenants in partnership or employment agreements
Op. 91-3 requiring departing associate to pay fees to firms
Op. 94-7 attorneys owning ancillary business
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. 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. 2004-2 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. 2002-5 lawyer donating legal services to be auctioned or used as a prize drawing at a fund raiser for a charitable organization.
Cognovit notes – (see COGNOVIT NOTE)
Op. 2008-2 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. 89-5 representation of opposing parties by attorneys who share office space; imputed disqualification rule not applied
Op. 87-24 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. 88-8 part-time prosecutor representing criminal defendants; members of a prosecuting attorney's law firm representing criminal defendants
Op. 88-15 former county public defender now prosecutor appointing assistant to handle cases which were pending before the public defender's office when he or she served as county public defender; imputed disqualification inapplicable to government lawyers;
Op. 88-20 county commissioner appearing as lawyer before Court of Common Pleas; partners of county commissioners appearing before Court of Common Pleas; screening devices
Op. 89-9 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. 89-13 representation of client against former client; representation by law firm members; screening wall
Op. 90-10 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. 92-13 prosecutor screening assistant prosecutor from cases in which defendant is represented by criminal defense attorney who shares office space with assistant prosecutor
Op. 93-6 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. 93-7 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. 93-10 attorneys from separate division of legal aid society representing opposing parties; screening wall
Op. 96-6 city council person privately representing clients in civil and criminal matters in municipal court
Op. 97-2 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. 2008-4 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. 2008-5 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
Donation of legal services as fund raiser for charitable organization
Op. 2002-5 lawyer donating legal services to be auctioned or used as a prize drawing at a fund raiser for a charitable organization.
Employment by certified public accountant firm
Op. 89-31 preparing trusts, wills, pension and estate returns for CPA firm's clients
Fee payments from third persons
Op. 90-22 payment of fees by third party trustee bank
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. 2000-2 attorney submitting detailed legal bills to an outside audit company hired by insurer without first obtaining client consent after full disclosure
Op. 2000-3 insurance defense attorney abiding by an insurance company's litigation management guidelines in the representation of an insured
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. 88-12 attorney's free consultation as part of funeral package offered by funeral director
Op. 2001-4 lawyer who is licensed insurance agent selling annuities through law firm to estate planning clients of the lawyer
Op. 88-30 lawyer's employment by not-for-profit legal services corporation serving union members; client's authority to make decisions regarding representation
Op. 89-4 lawyer's employment by legal service corporation; governing board setting priorities for allocation of resources
Op. 89-31 lawyer's employment by certified public accountant's firm
Op. 90-23 lawyer placement services
Op. 92-15 business corporation retaining law firm to assist in sale of legal forms that includes advice, counseling, preparation, and drafting
Op. 92-17 lawyer for corporations representing corporation's clients
Op. 94-9 salaried attorneys employed by insurance company participating in "in-house firm" to pursue subrogation claims and deductibles
Op. 94-11 financing company requiring attorney to pay percentage of legal fee in exchange for loan to client
Op. 95-14 salaried attorneys employed by insurance company participating in "in house firm" to pursue subrogation claims and deductibles
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. 2000-2 attorney submitting detailed legal bills to an outside audit company hired by insurer without first obtaining client consent after full disclosure
Op. 2000-3 insurance defense attorney abiding by an insurance company's litigation management guidelines in the representation of an insured
Op. 2002-1 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
Lawyer's interests adverse to client
Op. 89-5 two attorneys sharing office space representing opposing parties in a divorce
Op. 90-9 representation of client as lawyer and realtor
Op. 92-17 corporation's lawyer representing corporation's clients
Op. 92-6 criminal defense lawyer owning house arrest program
Op. 89-35 attorney practicing with more than one legal professional association or law firm
Op. 99-7 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. 88-21 lawyer for public entity that contracts with an agency seeking land variance representing landowners opposed to variance
Op. 93-10 representation of opposing parties by two separate divisions of a legal aid society
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. 2007-4 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. 2008-4 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. 2009-3 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. 2009-4 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. 97-2 retired attorney serving as “of counsel” to two different law firms formed by retired attorney's former partners upon dissolution of the partnership
Op. 2008-1 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
Proprietary interest in cause of action or subject matter of litigation
Op. 04-8 acquiring a mortgage on a client’s home to secure a legal fee
Op. 92-1 lawyer paying percentages of fees earned to bar association; requirements as to co-counsel; requirements as to fee dispute arbitration
Op. 95-6 lawyer paying percentage of fees earned to organization other than a bar association
Op. 2000-1 lawyer accepting a referral fee from a financial services group for referring clients in need of financial services
Op. 2000-5 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. 2002-1 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
Relatives representing opposing parties
Op. 90-10 representation of opposing parties by part-time child support enforcement agency attorney and part-time public defender who are siblings in private practice
Op. 91-22 representation of opposing parties by prosecuting attorney and criminal defense attorney who are siblings and former law partners
Op. 93-7 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
Representation adverse to existing client
Op. 89-5 attorneys sharing office space or attorneys in same law firm representing opposing sides in a contested divorce proceeding
Op. 89-25 representation of opposing parties by legal aid society and volunteer lawyers' project when case referred by leg aid society to voluntary lawyers' project
Op. 92-17 corporation's lawyer representing corporation's clients
Op. 93-10 two separate divisions of a legal aid society representing opposing parties
Representation adverse to former client
Op. 88-24 attorney representing a client against a former client; withdrawal from representation in workers' compensation matter
Op. 89-13 attorney representing a client against a former client; disqualification of firm members
Op. 87-4 attorney's availability as consultant to attorneys
Op. 88-7 judge as paid consultant for persons seeking elective office
Op. 87-41 referee's compliance with continuing legal education requirements
Op. 91-1 attorneys with inactive or retired registration status exemption from continuing legal education requirements
Op. 91-10 judge as partner in a for profit partnership to provide continuing legal education
Op. 92-4 attorneys with inactive or retired registration status lecturing on legal subjects at continuing legal education programs
Op. 92-14 referees and magistrates soliciting or accepting financial support for annual educational meeting
Op. 95-9 judge receiving compensation for teaching continuing legal education classes; receiving compensation for motivational speeches
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. 90-20 communication with former and current corporate employees by attorney representing adverse party
Op. 91-24 use of "Esquire" on corporate letters by collections manager of Ohio corporation when not licensed to practice law in Ohio
Op. 91-26 attorney contacting business to seek legal employment to handle corporate work
Op. 92-15 corporation's sale of legal forms; issuance of advice drafting of form; assistance by law firm
Op. 92-17 corporation's attorney providing legal representation to corporation's clients
Op. 94-9 attorney employed by insurance company pursuing subrogation claims and collecting deductibles on behalf of insureds through an "in house law firm"
Op. 95-14 salaried attorneys employed by insurance company participating in “in-house law firm” to pursue subrogation claims and deductibles
Op. 96-1 attorney communication with former employees of a corporation
Op. 2005-3 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. 2008-2 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. 2009-5 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
CRIMINAL DEFENSE REPRESENTATION
(See also PROSECUTORS; PUBLIC DEFENDERS)
Op. 88-25 lawyer's statements regarding criminal investigation
Op. 88-33 criminal defense lawyer's blanket motion to suppress
Op. 89-09 criminal defense attorney employed in same law office as county prosecutor
Op. 90-4 IRS reporting requirement
Op. 92-6 criminal defense lawyer's ownership in house arrest program
Op. 92-13 criminal defense lawyer and assistant prosecutor sharing office space
Op. 94-6 criminal defense lawyer as special prosecutor
Op. 94-10 prosecutor's agreement to dismiss criminal charges that lack merit in exchange for defendant's release of civil claims
Op. 94-14 criminal defense lawyer and assistant prosecutor sharing office space and co-counseling on civil cases
Op. 96-4 flat fee agreement in criminal defense representation
Op. 99-8 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. 2001-6 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. 2003-7 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. 2007-6 court appointed lawyer for indigent criminal defendant providing notice to defendant that lawyer does not maintain professional liability insurance
Op. 2008-4 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. 2008-5 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. 2008-6 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