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Updated through February 6, 2014

CAMPAIGN PRACTICES(See JUDGES)

CERTIFIED GRIEVANCE COMMITTEE

CERTIFIED PUBLIC ACCOUNTING

CHILD SUPPORT ENFORCEMENT AGENCY

CHIROPRACTOR
(See also PHYSICIAN; SAFEKEEPING FUNDS AND PROPERTY OF CLIENT AND THIRD PERSONS)

CLASS ACTIONS

CLIENT FILES(See FILES)

CLIENT FUNDS AND PROPERTY(See FEES; FILES; WITHDRAWAL FROM REPRESENTATION)

COGNOVIT NOTE

COMMINGLING(See TRUST ACCOUNT)

COMMUNICATION

Allocation of authority between client and lawyer

Attorney to attorney

Client

Prospective client

Represented parties

Unrepresented parties

Recorded

COMPATIBLE/INCOMPATIBLE POSITIONS(See CONFLICTS OF INTEREST; JUDGES; PROSECUTORS; PUBLIC DEFENDERS; PUBLIC OFFICIALS/EMPLOYEES)

CONFIDENTIALITY

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

Agreements restricting right to practice

Ancillary Businesses

Assign/Sell Legal Fee

Auction

Cognovit notes

Corporate director
  (See also CORPORATIONS)

Disqualification of Lawyers/Imputed Disqualification

Donation of legal services as fund raiser for chaitable organization

Employment by certified public accountant firm

Fee payments from third persons

Financial Assistance to client(See ADVANCING EXPENSES OF LITIGATION)

Financial Planning

Former Clients

Funeral Director

Insurance Agent

Intermediary

Lawyer's interests adverse to client

Member of more than one firm

Multiple representations

"Of counsel"

Proprietary interest in cause of action or subject matter of litigation

Public Defender

Referral Fees

Relatives representing opposing parties

Representation adverse to existing client

Representation adverse to former client

CONSULTING SERVICES

CONTINUING LEGAL EDUCATION

COUNTY COMMISSIONER(See PUBLIC OFFICIALS/EMPLOYEES)

CORPORATIONS
(See also FINANCING COMPANY; LEGAL PROFESSIONAL ASSOCIATION/LIMITED LIABILITY COMPANY/LIMITED LIABILITY PARTNERSHIP; LEGAL SERVICES PLANS)

CRIMINAL DEFENSE REPRESENTATION
(See also PROSECUTORS; PUBLIC DEFENDERS)


CAMPAIGN PRACTICES (See JUDGES)

CERTIFIED GRIEVANCE COMMITTEE

Op. 86-1 grievance committee reporting criminal activity of attorney being investigated

Op. 89-18 grievance committee or disciplinary counsel appointing attorney to inventory files of dead, resigned, suspended, disbarred attorney or attorney who cannot be located

Op. 90-18 relator amending complaint prior to hearing

Op. 90-19 grievance committee sharing information with Lawyers' Assistance Comm.

Op. 92-4 retired or inactive attorneys serving as members of certified grievance committee

Op. 93-6 representation of attorneys in disciplinary matters by grievance committee members; by partners and associates of grievance committee members; by partners and associates of Board members

CERTIFIED PUBLIC ACCOUNTING

Op. 88-23 dual profession as lawyer and certified public accountant

Op. 89-31 certified public accounting firm hiring lawyer

CHILD SUPPORT ENFORCEMENT AGENCY

Op. 90-10 attorney for agency represents state; part-time private practice; non-attorney employees handling intake, doing interviews, and preparing forms

Op. 2006-6 CSEA staff attorney representing the state in a contempt action filed against a party for failure to abide by a court order involving a CSEA matter in which that staff attorney issued administrative orders as a CSEA administrative hearing officer; representing the state in any other action involving a CSEA matter in which that staff attorney participated as the CSEA hearing officer making determinations or issuing administrative orders; representing the state in an action in which a party is a person who once appeared before the staff attorney who served as the administrative hearing officer

CHIROPRACTOR

Op. 04-9 attorney sending letter to chiropractor asking to meet to provide information regarding the attorney’s legal services; mutual referral agreements; self-recommendation

CLASS ACTIONS

Op. 87-1 advancing funds to client

Op. 92-2 contacting potential or actual class members during pending class action

CLIENT FILES – (See FILES)

CLIENT FUNDS AND PROPERTY – (See FEES; FILES; WITHDRAWAL FROM REPRESENTATION)

COGNOVIT NOTE

Op. 93-3 attorney confessing judgment

COMMINGLING – (See TRUST ACCOUNT)

COMMUNICATION

Allocation of authority between client and lawyer

Op. 2010-6 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. 2002-6 Ohio attorney contacting Ohio counsel for appellant or appellee to convey an interest in serving as appellate counsel; Ohio attorney contacting out-of-state counsel for out-of-state counsel to offer assistance as local counsel in matter filed in Ohio; Ohio attorney using direct mail solicitation to inquire whether an out-of-state corporate party is represented by counsel; communication in-person, telephone, mail, e-mail or facsimile

Client

Op. 2012-3 Non-recourse Civil Litigation Advance Contracts: Guidance for Ohio Lawyers

Op. 2013-4 Cross-Examination of a Former Criminal Client in an Unrelated Matter

Prospective client

Op. 91-15 confidences and secrets of a person who consults with an attorney but does not hire the attorney; attorney called as impeachment witness

Represented parties

Op. 88-11 attorney for landlord contacting tenant when landlord knew tenant was represented by an attorney in a previous eviction action

Op. 88-32 purchaser's attorney communicating with seller at real estate closing

Op. 90-20 attorney communication with current and former employees of corporation

Op. 92-7 attorney communication with government officials, bodies, and employee

Op. 96-1 attorney communication with former employees of a corporation

Op. 05-3 counsel representing interest adverse to corporation communicating without consent of corporation's lawyer when corporate counsel asserts blanket representation of corporation and its current and former employees

Op. 2006-5 attorney, appointed to serve in a dual role as a child's attorney and guardian ad litem, communicating on the subject of the representation with a represented person or party

Unrepresented parties

Op. 96-2 attorney communication with opposing party who is a minor and is unrepresented by counsel

Recorded

Op. 97-3 attorney's surreptitious recording of conversations with client, opposing parties, opposing counsel, and others

Op. 2012-1 Surreptitious (Secret) Recording by Lawyers

COMPATIBLE/INCOMPATIBLE POSITIONS – (See CONFLICTS OF INTEREST; JUDGES; PROSECUTORS; PUBLIC DEFENDERS; PUBLIC OFFICIALS/EMPLOYEES)

CONFIDENTIALITY

Op. 86-1 grievance committee informing law enforcement officials of criminal activities of lawyer being investigated

Op. 89-5 attorney sharing office space preserving confidentiality of attorney client relationship

Op. 90-1 attorney reporting unprivileged knowledge of another attorney's misconduct

Op. 90-4 attorney reporting to Internal Revenue Service that client paid $10,000 in cash

Op. 90-7 attorney revealing client fraud

Op. 90-10 attorney for child support enforcement agency privately representing clients in pre-divorce hearings

Op. 90-19 grievance committee members sharing information with Laywers' Assistance Committee

Op. 91-9 attorneys with separate law practices in same building preserving confidences and secrets of clients; division of fees; non-attorney employees

Op. 91-15 attorney's duty to protect confidences and secrets of a prospective client who consults with attorney but does not hire; attorney called to testify as impeachment witness

Op. 92-19 assistant county prosecutor protecting confidences when sharing office space or subletting from attorney who does criminal defense work

Op. 93-6 grievance committee members privately representing attorneys in disciplinary matters

Op. 93-11 attorney obtaining privileged information inadvertently through public records search

Op. 98-2 attorney stating in an affidavit of disqualification of a judge that the attorney has filed a disciplinary grievance against the judge when the grievance has not been certified as a formal complaint

Op. 2008-3 disposition of client funds in a lawyer’s IOLTA or individual client trust account when either the identity or the whereabouts of the client who is the owner of the funds is unknown; reporting unclaimed funds to the state; duty of safekeeping funds and duty to protect client’s confidentiality

Op. 2009-6 outsourcing legal or support services domestically or abroad, either directly to lawyers or nonlawyers or indirectly through an independent service provider; disclosure; supervision; billing as fee or expense

Op. 2012-3 Non-recourse Civil Litigation Advance Contracts: Guidance for Ohio Lawyer

Op. 2013-4 Cross-Examination of a Former Criminal Client in an Unrelated Matter

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. 2011-1 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. 90-14 restrictive covenants in partnership or employment agreements

Op. 91-3 requiring departing associate to pay fees to firms

Ancillary Businesses

Op. 94-7 attorneys owning ancillary business

Op. 2000-4 attorney providing financial planning services through the law firm to business and estate planning clients of the law firm and charging fee for financial services

Op. 2003-1 law firm's representation of buyers and sellers of business entities; laws firm's assistance in locating buyers or sellers through the law firm or through ancillary business; law firm's referrals to business broker; law firm's referrals to lenders; law firm's fee based on percentage of transaction price; law firm sharing fee with business broker

Assign/Sell Legal Fee

Op. 2004-2 attorney, upon reaching settlement agreement in a client's legal matter, selling or assigning his or her legal fee to a funding company in exchange for immediate cash at a small discount to the full value of the legal fee.

Auction

Op. 2002-5 lawyer donating legal services to be auctioned or used as a prize drawing at a fund raiser for a charitable organization.

Cognovit notes – (see COGNOVIT NOTE)

Corporate director
see also
CORPORATIONS

Op. 2008-2 lawyer on board of directors of corporation but not corporate counsel representing a client in a lawsuit against the corporation; material limitation conflict; conflict imputed to firm members and associates; no waiver of conflict

Disqualification of Lawyers/Imputed Disqualification

Op. 89-5 representation of opposing parties by attorneys who share office space; imputed disqualification rule not applied

Op. 87-24 prosecuting attorney practicing law before spouse who is judge; disqualification not imputed to other members of prosecutor's office appearing before fellow prosecutor's spouse who is judge

Op. 88-8 part-time prosecutor representing criminal defendants; members of a prosecuting attorney's law firm representing criminal defendants

Op. 88-15 former county public defender now prosecutor appointing assistant to handle cases which were pending before the public defender's office when he or she served as county public defender; imputed disqualification inapplicable to government lawyers;

Op. 88-20 county commissioner appearing as lawyer before Court of Common Pleas; partners of county commissioners appearing before Court of Common Pleas; screening devices

Op. 89-9 criminal defense attorney employed as associate in same law firm as county prosecutor; county prosecutor's disqualification from representing criminal defendants imputed to associate in private practice; duty to report

Op. 89-13 representation of client against former client; representation by law firm members; screening wall

Op. 90-10 part-time CSEA attorney representing criminal or traffic clients in private practice; members of a part-time CSEA attorney's law firm representation of criminal defendants

Op. 92-13 prosecutor screening assistant prosecutor from cases in which defendant is represented by criminal defense attorney who shares office space with assistant prosecutor

Op. 93-6 representation of attorneys in disciplinary matters by certified grievance members; by partners or associates of certified grievance committee members; by partners or associates of Board members

Op. 93-7 representation of opposing parties by assistant county prosecutor and criminal defense attorney who are spouses; representation by law partners and associate of criminal defense attorney; prosecution by other attorneys in prosecutor's office

Op. 93-10 attorneys from separate division of legal aid society representing opposing parties; screening wall

Op. 96-6 city council person privately representing clients in civil and criminal matters in municipal court

Op. 97-2 retired attorney serving as “of counsel” to two different law firms formed by former partners; imputed disqualification to all lawyers and law firms connected by the “of counsel” relationship

Op. 2008-4 assistant county public defender representing c0-defendants at a preliminary hearing in a felony case; representation by two different assistant public defenders in the same county public defender’s office; assistant county public defender representing one co-defendant in a felony case while simultaneously representing the other co-defendant in an unrelated misdemeanor case; representation by two different assistant public defenders in the same county public defender’s office; representation of a criminal defendant when a former client in an unrelated matter is a witness in the defendant’s criminal case

Op. 2008-5 city director of law or assistant city director of law representing criminal defendants; lawyers associated in a law firm with city director of law or assistant city director of law representing criminal defendants in a proceeding prosecuted by city director of law or assistant city director of law; lawyer associated in a law firm with city director of law or assistant city director of law being privately retained to represent criminal defendants;  lawyer associated in a law firm with city director of law or assistant city director of law serving as court appointed counsel, public defender, or co-counsel to a public defender

Op. 2010-5 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

Donation of legal services as fund raiser for charitable organization

Op. 2002-5 lawyer donating legal services to be auctioned or used as a prize drawing at a fund raiser for a charitable organization.

Employment by certified public accountant firm

Op. 89-31 preparing trusts, wills, pension and estate returns for CPA firm's clients

Fee payments from third persons

Op. 90-22 payment of fees by third party trustee bank

Op. 99-6 attorney referring client awarded money judgment in a civil suit to a company that purchases a minority interest in the judgment on appeal

Op. 2000-2 attorney submitting detailed legal bills to an outside audit company hired by insurer without first obtaining client consent after full disclosure

Op. 2000-3 insurance defense attorney abiding by an insurance company's litigation management guidelines in the representation of an insured

Financial Assistance to client – (See also ADVANCING EXPENSES OF LITIGATION)

Op. 2011-1 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. 2000-4 attorney providing financial planning services through the law firm to business and estate planning clients of the law firm and charging fee for financial services

Former Clients

Op. 2013-4 Cross-Examination of a Former Criminal Client in an Unrelated Matter

Funeral Director

Op. 88-12 attorney's free consultation as part of funeral package offered by funeral director

Insurance Agent

Op. 2001-4 lawyer who is licensed insurance agent selling annuities through law firm to estate planning clients of the lawyer

Intermediary

Op. 88-30 lawyer's employment by not-for-profit legal services corporation serving union members; client's authority to make decisions regarding representation

Op. 89-4 lawyer's employment by legal service corporation; governing board setting priorities for allocation of resources

Op. 89-31 lawyer's employment by certified public accountant's firm

Op. 90-23 lawyer placement services

Op. 92-15 business corporation retaining law firm to assist in sale of legal forms that includes advice, counseling, preparation, and drafting

Op. 92-17 lawyer for corporations representing corporation's clients

Op. 94-9 salaried attorneys employed by insurance company participating in "in-house firm" to pursue subrogation claims and deductibles

Op. 94-11 financing company requiring attorney to pay percentage of legal fee in exchange for loan to client

Op. 95-14 salaried attorneys employed by insurance company participating in "in house firm" to pursue subrogation claims and deductibles

Op. 99-6 attorney referring client awarded money judgment in a civil suit to a company that purchases a minority interest in the judgment on appeal

Op. 2000-2 attorney submitting detailed legal bills to an outside audit company hired by insurer without first obtaining client consent after full disclosure

Op. 2000-3 insurance defense attorney abiding by an insurance company's litigation management guidelines in the representation of an insured

Op. 2002-1 law firm entering a business agreement to pay annual fee to a real estate agency and to offer discounted legal services to customers of the real estate agency in exchange for the agency promoting the law firm as a service provider in a real estate benefits program

Lawyer's interests adverse to client

Op. 89-5 two attorneys sharing office space representing opposing parties in a divorce

Op. 90-9 representation of client as lawyer and realtor

Op. 92-17 corporation's lawyer representing corporation's clients

Op. 92-6 criminal defense lawyer owning house arrest program

Member of more than one firm

Op. 89-35 attorney practicing with more than one legal professional association or law firm

Op. 97-2 retired attorney serving as “of counsel” to two different law firms formed by retired attorney’s former partners upon dissolution of the partnership; reference to advice offered in Op. 89-35

Op. 99-7 attorney not licensed in Ohio but licensed in another state being a member, partner, or other equity holder in an Ohio law firm; being a member, partner, or other equity holder in two unrelated firms

Op. 2013-1 Simultaneous Practice in Multiple Firms

Multiple representations

Op. 88-21 lawyer for public entity that contracts with an agency seeking land variance representing landowners opposed to variance

Op. 93-10 representation of opposing parties by two separate divisions of a legal aid society

Op. 2003-1 law firm's representation of buyers and sellers of business entities; laws firm's assistance in locating buyers or sellers through the law firm or through ancillary business; law firm's referrals to business broker; law firm's referrals to lenders; law firm's fee based on percentage of transaction price; law firm sharing fee with business broker

Op. 2007-4 city director of law determining whether conflict of interest exists in the representation of city, city officials, or city entities; representation by assistant city law directors.

Op. 2008-4 assistant county public defender representing c0-defendants at a preliminary hearing in a felony case; representation by two different assistant public defenders in the same county public defender’s office; assistant county public defender representing one co-defendant in a felony case while simultaneously representing the other co-defendant in an unrelated misdemeanor case; representation by two different assistant public defenders in the same county public defender’s office; representation of a criminal defendant when a former client in an unrelated matter is a witness in the defendant’s criminal case

Op. 2009-3 county prosecuting attorney representing multiple statutory clients in the negotiation of a contract or a memorandum of understanding; representing multiple statutory client in the filing of a lawsuit by one of the client asserting a claim against the other; representation by different assistant prosecuting attorneys

Op. 2009-4 domestic relations lawyer-mediator preparing necessary legal documents for filing by or on behalf of one or both parties in a domestic relations proceeding; application of ethical rules and Ohio Ethics Law to subsequent representation by court employee lawyer-mediator

“Of counsel”

Op. 97-2 retired attorney serving as “of counsel” to two different law firms formed by retired attorney's former partners upon dissolution of the partnership

Op. 2008-1 lawyer in law firm serving as “of counsel” to another lawyer or law firm; ethical implications of the “of counsel” relationship as to registration status, firm names and letterhead, division of fees, conflicts of interest, multiple “of counsel” relationships; and “of counsel” relationship with out-of-state lawyers or law firms

Proprietary interest in cause of action or subject matter of litigation

Op. 04-8 acquiring a mortgage on a client’s home to secure a legal fee

Op. 2012-3 Non-recourse Civil Litigation Advance Contracts: Guidance for Ohio Lawyers

Public Defender

Op. 2008-4 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. 2010-5 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. 2013-4 Cross-Examination of a Former Criminal Client in an Unrelated Matter

Referral Fees

Op. 92-1 lawyer paying percentages of fees earned to bar association; requirements as to co-counsel; requirements as to fee dispute arbitration

Op. 95-6 lawyer paying percentage of fees earned to organization other than a bar association

Op. 2000-1 lawyer accepting a referral fee from a financial services group for referring clients in need of financial services

Op. 2000-5 attorney participating as a “referral affiliate attorney” for an online referral service that requires the attorney to pay the service a percentage of legal fees earned from the clients referred

Op. 2002-1 law firm entering a business agreement to pay annual fee to a real estate agency and to offer discounted legal services to customers of the real estate agency in exchange for the agency promoting the law firm as a service provider in a real estate benefits program

Relatives representing opposing parties

Op. 90-10 representation of opposing parties by part-time child support enforcement agency attorney and part-time public defender who are siblings in private practice

Op. 91-22 representation of opposing parties by prosecuting attorney and criminal defense attorney who are siblings and former law partners

Op. 93-7 representation of opposing parties by assistant county prosecutor and criminal defense attorney who are spouses; representation by law partners and associates of criminal defense attorney; representation by other attorneys in county prosecutor's office

Representation adverse to existing client

Op. 89-5 attorneys sharing office space or attorneys in same law firm representing opposing sides in a contested divorce proceeding

Op. 89-25 representation of opposing parties by legal aid society and volunteer lawyers' project when case referred by leg aid society to voluntary lawyers' project

Op. 92-17 corporation's lawyer representing corporation's clients

Op. 93-10 two separate divisions of a legal aid society representing opposing parties

Representation adverse to former client

Op. 88-24 attorney representing a client against a former client; withdrawal from representation in workers' compensation matter

Op. 89-13 attorney representing a client against a former client; disqualification of firm members

Op. 2013-4 Cross-Examination of a Former Criminal Client in an Unrelated Matter

CONSULTING SERVICES

Op. 87-4 attorney's availability as consultant to attorneys

Op. 88-7 judge as paid consultant for persons seeking elective office

CONTINUING LEGAL EDUCATION

Op. 87-41 referee's compliance with continuing legal education requirements

Op. 91-1 attorneys with inactive or retired registration status exemption from continuing legal education requirements

Op. 91-10 judge as partner in a for profit partnership to provide continuing legal education

Op. 92-4 attorneys with inactive or retired registration status lecturing on legal subjects at continuing legal education programs

Op. 92-14 referees and magistrates soliciting or accepting financial support for annual educational meeting

Op. 95-9 judge receiving compensation for teaching continuing legal education classes; receiving compensation for motivational speeches

COUNTY COMMISSIONER – (See PUBLIC OFFICIALS/EMPLOYEES)

CORPORATIONS
(See also FINANCING COMPANY; LEGAL PROFESSIONAL ASSOCIATION/LIMITED LIABILITY COMPANY/LIMITED LIABILITY PARTNERSHIP; LEGAL SERVICES PLANS)

Op. 89-31 certified public accounting firm hiring lawyer to write trusts and wills, prepare pension and estate tax returns and administer estates for the firm's accounting clients

Op. 90-13 appearing on client's letterhead as general counsel

Op. 90-20 communication with former and current corporate employees by attorney representing adverse party

Op. 91-24 use of "Esquire" on corporate letters by collections manager of Ohio corporation when not licensed to practice law in Ohio

Op. 91-26 attorney contacting business to seek legal employment to handle corporate work

Op. 92-15 corporation's sale of legal forms; issuance of advice drafting of form; assistance by law firm

Op. 92-17 corporation's attorney providing legal representation to corporation's clients

Op. 94-9 attorney employed by insurance company pursuing subrogation claims and collecting deductibles on behalf of insureds through an "in house law firm"

Op. 95-14 salaried attorneys employed by insurance company participating in “in-house law firm” to pursue subrogation claims and deductibles

Op. 96-1 attorney communication with former employees of a corporation

Op. 2005-3 counsel representing interest adverse to corporation communicating without consent of corporation’s lawyer when corporate counsel asserts blanket representation of corporation and its current and former employees

Op. 2008-2 lawyer on board of directors of corporation but not corporate counsel representing a client in a lawsuit against the corporation; material limitation conflict; conflict imputed to firm members and associates; no waiver of conflict

Op. 2009-5 lawyer or law firm listed as “General Counsel” or similar reference on letterhead of client organization; use of designation in signing correspondence written on behalf of the client organization

Op. 2010-1 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

CRIMINAL DEFENSE REPRESENTATION
(See also PROSECUTORS; PUBLIC DEFENDERS)

Op. 88-25 lawyer's statements regarding criminal investigation

Op. 88-33 criminal defense lawyer's blanket motion to suppress

Op. 89-09 criminal defense attorney employed in same law office as county prosecutor

Op. 90-4 IRS reporting requirement

Op. 92-6 criminal defense lawyer's ownership in house arrest program

Op. 92-13 criminal defense lawyer and assistant prosecutor sharing office space

Op. 94-6 criminal defense lawyer as special prosecutor

Op. 94-10 prosecutor's agreement to dismiss criminal charges that lack merit in exchange for defendant's release of civil claims

Op. 94-14 criminal defense lawyer and assistant prosecutor sharing office space and co-counseling on civil cases

Op. 96-4 flat fee agreement in criminal defense representation

Op. 99-8 criminal defense attorney's duty to notify court of a clerical error in a defendant's sentence in a judgment entry drafted by the prosecutor's office; duty to notify court of a possible misinterpretation of a sentence by the Department of Rehabilitation and Corrections

Op. 2001-6 prosecutor negotiating and criminal defense attorney advising a defendant to enter a plea agreement that waives the defendant's appellate or postconviction claims of ineffective assistance of trial counsel or prosecutorial misconduct

Op. 2003-7 judge appointing attorney to serve as special prosecutor in the same county (and even in the same court) in which the attorney represents criminal defendants

Op. 2007-6 court appointed lawyer for indigent criminal defendant providing notice to defendant that lawyer does not maintain professional liability insurance

Op. 2008-4 assistant county public defender representing c0-defendants at a preliminary hearing in a felony case; representation by two different assistant public defenders in the same county public defender’s office; assistant county public defender representing one co-defendant in a felony case while simultaneously representing the other co-defendant in an unrelated misdemeanor case; representation by two different assistant public defenders in the same county public defender’s office; representation of a criminal defendant when a former client in an unrelated matter is a witness in the defendant’s criminal case

Op. 2008-5 city director of law or assistant city director of law representing criminal defendants; lawyers associated in a law firm with city director of law or assistant city director of law representing criminal defendants in a proceeding prosecuted by city director of law or assistant city director of law; lawyer associated in a law firm with city director of law or assistant city director of law being privately retained to represent criminal defendants;  lawyer associated in a law firm with city director of law or assistant city director of law serving as court appointed counsel, public defender, or co-counsel to a public defender

Op. 2008-6 city director of law or assistant city director of law who has no legal duty to represent the state of Ohio may represent criminal defendants under certain conditions; village solicitor who has no legal duty to represent the state of Ohio may represent criminal defendants under similar conditions; court appointments subject to R.C. 120.39

Op. 2010-5 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. 2013-4 Cross-Examination of a Former Criminal Client in an Unrelated Matter

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