Advisory Opinions
Search Advisory Opinions by subject.
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
Updated through Feb. 5, 2010
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)
Op.
91-15
protecting confidences and secrets of person who consults attorney but
does not hire
Op.
88-23
use of designation "of counsel"
Op.
88-26
"of counsel" and legal fees
Op.
90-3
senior attorney status
Op. 90-13
use of "of counsel," "general counsel" or "special counsel"
on client's letterhead
Op. 91-18
use
of designation "of counsel" by attorney with "retired registration
status"
Op. 95-1
use of "and Associates" in firm name
Op. 97-2
attorney serving
as "of counsel" to more than one law firm
Op. 04-11
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
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
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. 88-19
use of partnership
name when no longer partnership; holding out as partners when not partners
Op.
89-5
attorney sharing office space with opposing counsel
Op.
89-36
letterhead of office sharing arrangement; holding out as partners when
not partners
Op. 90-9
attorney sharing
office space with private business
Op.
91-5
division of fees by lawyers who practice in association with each other
but not as partnership
Op. 91-9
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
assistant county prosecutor and lawyer whose practice includes criminal defense
representation sharing office space
Op.
94-14
assistant county prosecutor and lawyer whose practice includes criminal
defense representation sharing office space and co-counseling on civil cases
Op.
95-1
use of "and Associates" in firm name; telephone salutation
Op. 06-2
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
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
municipal judge serving as Board member of corporation that provides
services to court by contract with city
Op.
91-23
part-time judge appointing attorney in his/her law firm to position
of referee
Op. 91-28
filing of financial
disclosure statements by clerk and deputy clerk of the Court of Claims
Op.
92-14
referees and magistrates soliciting or accepting financial or other
support from individuals, businesses, or law firms for an annual educational
meeting
Op. 92-18
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
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
judge appointing relatives to represent indigent parties
Op.
94-1
deputy bailiff of a municipal court privately owning tenant eviction
business
Op. 94-12
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
justices and judges accepting complimentary books from publisher that
does business with the court
Op. 95-8
judge accepting offer to attend trial lawyers association meeting without paying
registration fee
Op. 95-9
judge accepting
compensation for teaching continuing legal education classes; compensation for
motivational speaking
Op. 98-10
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
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
court-employed
attorney/mediator conducting private fee-paid mediations
Op.
02-9
judge appointed member of Ohio Children's Trust Fund Board; judge appointed
member of a County Family and Children First Council
Op.
02-10
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
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
municipal court judge accepting a donation of ten carbines to a court’s probation department for use in court security
Op.
04-6
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
part-time municipal court judge appointing son or daughter as acting judge to serve during the judge’s vacation
Op. 04-13
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
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
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
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
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
full-time magistrate engaging in outside employment as an independent contractor performing legal research projects for a legal publishing company
Op. 2009-2
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
practice by attorney awaiting admission in Ohio
Op.
90-12
attorney representing out-of-state lending institutions making loans
in Ohio
Op. 91-4
partnership with
attorney licensed out of state; trade name, letterhead, direct mail, fees
Op.
91-24
person licensed in another state and employed in Ohio as a collections
manager for a company using "esquire" on collection letters
Op.
91-6
federal practice of attorney not licensed in any state
Op.
92-2
communicating with potential or actual class members through direct mail
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.
2002-4
paralegal taking deposition; out-of-state attorney taking deposition
in Ohio; Ohio attorney taking deposition in state outside of Ohio
Op.
2002-6
Ohio attorney contacting Ohio counsel for appellant or appellee to
convey an interest in serving as appellate counsel; Ohio attorney contacting out-of-state
counsel for out-of-state counsel to offer assistance as local counsel in matter
filed in Ohio; Ohio attorney using direct mail solicitation to inquire whether
an out-of-state corporate party is represented by counsel; communication in-person,
telephone, mail, e-mail or facsimile
Op. 04-11
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
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
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
