Advisory Opinions

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Updated through August 13, 2014

INACTIVE STATUS - (See REGISTRATION)

INADVERTENT DISCLOSURE

INSURANCE

INTERNET

IOLTA - (See TRUST ACCOUNT)

IRS CASH REPORTING REQUIREMENT


INACTIVE STATUS - (See REGISTRATION)

INADVERTENT DISCLOSURE

Op. 93-11 lawyer's duty upon receiving privileged information inadvertently disclosed through public records search

INSURANCE

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

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

Op. 97-7 attorney or law firm entering contract with insurer to do defense work for fixed flat fee

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

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

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

INTERNET

Op. 99-2 attorney communicating with clients through electronic mail without encryption

Op. 99-3 attorney listed in online directory of professional association; links from attorney’s name to attorney’s e-mail address or law firm web site; links from online membership directory of a professional association to another related association’s world wide web site

Op. 99-4 attorney using firm name or other letters, words, or numbers as domain name for law firm’s world wide web site

Op. 99-9 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. 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. 2000-6 law firm's Web site home page including quotations from clients, even with their consent, describing the general nature of the legal services provided, responsiveness of the law firm, and other non-substantive aspects of the firm's representation; listing a client's name with client consent in public communication such as a law firm Web site; law firm's Web site providing a link from attorney's biography to published opinions of cases in which attorney participated

Op. 2001-2 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. 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 corporation for out-of-state counsel to offer assistance as local counsel in matter filed in Ohio; Ohio attorney using direct mail solicitation to inquire whether an out-of-state corporate party is represented by counsel; communication in-person, telephone, mail, e-mail or facsimile

Op. 2004-1 unsolicited commercial e-mail advertising of legal services by lawyers, lawyer advertising services, or lawyer referral services

Op. 2004-7 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. 2010-7 judge being a friend on a social networking site with a lawyer who appears as counsel in a case before the judge.

Op. 2011-2 Multijurisdictional Practice and Debt Settlement Legal Services

Op. 2012-2 Identification of Nonlawyers on Law Firm Letterhead, Websites, and Business Cards

Op. 2013-2 Direct Contact with Prospective Clients: Text Messages

IOLTA - (See FEES, Trust Account)

IRS CASH REPORTING REQUIREMENT

Op. 90-4 duty of lawyer to report cash payments to IRS