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Updated through Feb. 5, 2010

OBLIGATIONS TO THIRD PERSONS

OF COUNSEL

OFFICE SHARING

OHIO ETHICS LAW
(See also FINANCIAL DISCLOSURE STATEMENTS)

OUT-OF-STATE ATTORNEY
(See also LEGAL RESEARCH AND WRITING)

OUTSOURCING LEGAL OR SUPPORT SERVICES
(See also TEMPORARY LAWYER SERVICES)


OBLIGATIONS TO THIRD PERSONS

Op. 91-15 Link opens new window. protecting confidences and secrets of person who consults attorney but does not hire

OF COUNSEL

Op. 88-23 Link opens new window. use of designation "of counsel"

Op. 88-26 Link opens new window. "of counsel" and legal fees

Op. 90-3 Link opens new window. senior attorney status

Op. 90-13 Link opens new window. use of "of counsel," "general counsel" or "special counsel" on client's letterhead

Op. 91-18 Link opens new window. use of designation "of counsel" by attorney with "retired registration status"

Op. 95-1 Link opens new window. use of "and Associates" in firm name

Op. 97-2 Link opens new window. attorney serving as "of counsel" to more than one law firm

Op. 04-11 Link opens new window. 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. 06-2 Link opens new window. 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. 2008-1 Link opens new window. 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. 88-19 Link opens new window. use of partnership name when no longer partnership; holding out as partners when not partners

Op. 89-5 Link opens new window. attorney sharing office space with opposing counsel

Op. 89-36 Link opens new window. letterhead of office sharing arrangement; holding out as partners when not partners

Op. 90-9 Link opens new window. attorney sharing office space with private business

Op. 91-5 Link opens new window. division of fees by lawyers who practice in association with each other but not as partnership

Op. 91-9 Link opens new window. 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. 92-13 Link opens new window. assistant county prosecutor and lawyer whose practice includes criminal defense representation sharing office space

Op. 94-14 Link opens new window. assistant county prosecutor and lawyer whose practice includes criminal defense representation sharing office space and co-counseling on civil cases

Op. 95-1 Link opens new window. use of "and Associates" in firm name; telephone salutation

Op. 06-2 Link opens new window. 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

OHIO ETHICS LAW
(See also FINANCIAL DISCLOSURE STATEMENTS)

Op. 88-20 Link opens new window. 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. 91-11 Link opens new window. municipal judge serving as Board member of corporation that provides services to court by contract with city

Op. 91-23 Link opens new window. part-time judge appointing attorney in his/her law firm to position of referee

Op. 91-28 Link opens new window. filing of financial disclosure statements by clerk and deputy clerk of the Court of Claims

Op. 92-14 Link opens new window. referees and magistrates soliciting or accepting financial or other support from individuals, businesses, or law firms for an annual educational meeting

Op. 92-18 Link opens new window. 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. 93-2 Link opens new window. judge appointing attorney to represent parties when the attorney is employed by the judge's son as an associate in a law practice

Op. 93-4 Link opens new window. judge appointing relatives to represent indigent parties

Op. 94-1 Link opens new window. deputy bailiff of a municipal court privately owning tenant eviction business

Op. 94-12 Link opens new window. judge accepting compensation for teaching at state or private colleges or universities on the law, the legal system, and the administration of justice

Op. 95-4 Link opens new window. justices and judges accepting complimentary books from publisher that does business with the court

Op. 95-8 Link opens new window. judge accepting offer to attend trial lawyers association meeting without paying registration fee

Op. 95-9 Link opens new window. judge accepting compensation for teaching continuing legal education classes; compensation for motivational speaking

Op. 98-10 Link opens new window. 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. 98-12 Link opens new window. extrajudicial business activities by full-time judges and full-time magistrates; family business exception; delivering newspapers or driving a package delivery truck

Op. 01-5 Link opens new window. court-employed attorney/mediator conducting private fee-paid mediations

Op. 02-9 Link opens new window. judge appointed member of Ohio Children's Trust Fund Board; judge appointed member of a County Family and Children First Council

Op. 02-10 Link opens new window. 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. 03-4 Link opens new window. whether president/CEO and employees of nonprofit organization that operates a community-based correctional facility and program on which judge serves as a member of judicial corrections board are judiial officers or employees for purposes of Ohio Ethics Law.

Op. 04-5 Link opens new window. municipal court judge accepting a donation of ten carbines to a court’s probation department for use in court security

Op. 04-6 Link opens new window. municipal court judge establishing and chairing an arts committee to commission an artist and decide upon artwork for the court’s historic building

Op. 04-10 Link opens new window. part-time municipal court judge appointing son or daughter as acting judge to serve during the judge’s vacation

Op. 04-13 Link opens new window. 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. 05-2 Link opens new window. 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. 05-5 Link opens new window. 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. 2006-3 Link opens new window. 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. 2006-7 Link opens new window. 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. 2009-1 Link opens new window. full-time magistrate engaging in outside employment as an independent contractor performing legal research projects for a legal publishing company

Op. 2009-2 Link opens new window. 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. 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

OUT-OF-STATE ATTORNEY
(See also LEGAL RESEARCH AND WRITING)

Op. 89-37 Link opens new window. practice by attorney awaiting admission in Ohio

Op. 90-12 Link opens new window. attorney representing out-of-state lending institutions making loans in Ohio

Op. 91-4 Link opens new window. partnership with attorney licensed out of state; trade name, letterhead, direct mail, fees

Op. 91-24 Link opens new window. person licensed in another state and employed in Ohio as a collections manager for a company using "esquire" on collection letters

Op. 91-6 Link opens new window. federal practice of attorney not licensed in any state

Op. 92-2 Link opens new window. communicating with potential or actual class members through direct mail

Op. 99-7 Link opens new window. 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. 2002-4 Link opens new window. paralegal taking deposition; out-of-state attorney taking deposition in Ohio; Ohio attorney taking deposition in state outside of Ohio

Op. 2002-6 Link opens new window. 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. 04-11 Link opens new window. 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. 2008-1 Link opens new window. 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

OUTSOURCING LEGAL OR SUPPORT SERVICES
(See also TEMPORARY LAWYER SERVICES)

Op. 2009-6 Link opens new window. 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