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Updated through August 13, 2014

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 protecting confidences and secrets of person who consults attorney but does not hire

Op. 2007-7 safekeeping funds of a third person when lawyer knows a third person has a lawful claim to funds in the lawyer's possession

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

OF COUNSEL

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

OFFICE SHARING

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

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

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

Op. 2009-9 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