Advisory Opinion Index

Updated through June 22, 2017

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
   
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
   
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.
   
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.
   
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
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
E-mail  
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  
   
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”
   
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
   
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
   
AFFIDAVIT OF DISQUALIFICATON  
   
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
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
   
   
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.
   
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
   
CHIROPRATOR  
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
   
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
   
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
   
Unrepresented parties  
   
Op 96-002 attorney communication with opposing party who is a minor and is unrepresented by counsel
   
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
   
   
   
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 91-013 requiring departing associate to pay fees to firms
   
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
   
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.
   
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
   
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.
   
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
   
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
   
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
   
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
   
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
   
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
   
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
   
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
   
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
   
   
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
   
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
   
DEPOSITIONS  
   
Op 02-004 paralegal taking deposition; out-of-state attorney taking deposition in Ohio; Ohio attorney taking deposition in state outside of Ohio
   
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
   
   
E  
   
E-MAIL  
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
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.
   
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
   
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.
   
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
   
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
   
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
   
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
   
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
   
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
   
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
   
   
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
   
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
   
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
   
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
   
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
   
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
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
   
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
   
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
   
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
   
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 aParticipant in the Judge’s Current Election Campaign
   
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
   
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
   
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
   
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
   
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
   
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
   
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
   
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
   
Endorsements  
 See alsoJUDGES, 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
   
Facebook  
   
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
   
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
   
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
   
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
   
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
   
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
   
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
   
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
   
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
   
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
   
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
   
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 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 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
   
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
   
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
   
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
   
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
   
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
   
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
   
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
   
OUT-OF-STATE ATTORNEY  
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
   
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
   
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
   
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
   
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
   
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
   
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
   
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
   
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
   
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
   
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
   
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
   
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
   
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
   
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
   
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 02-0077 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
   
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
   
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
   
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
   
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
   
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
   
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
   
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