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Updated through February 6, 2014

PARALEGALS

PARTNERSHIPS
(See also RETIRED ATTORNEY)

PART-TIME JUDGES (See JUDGES)

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

PRACTICE OF LAW
(See also UNAUTHORIZED PRACTICE OF LAW)

PREPAID LEGAL SERVICES (See GROUP LEGAL SERVICES)

PRO BONO

PROFESSIONAL LIABILITY INSURANCE

PROSECUTORS

PUBLIC DEFENDERS
(See also CRIMINAL DEFENSE REPRESENTATION)

PUBLIC OFFICIALS/EMPLOYEES
(See also JUDGES; OHIO ETHICS LAW; PROSECUTORS; PUBLIC DEFENDERS)

Assistant attorney general

Child support enforcement agency attorney

City Council Person

City Director of Law

County Commissioner

Court of Claims Commissioner

Post employment restrictions

Running for different office

Village Solicitor


PARALEGALS

Op. 2002-4 paralegal taking deposition; out-of-state attorney taking deposition in Ohio; Ohio attorney taking deposition in state outside of 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

PARTNERSHIPS
(See also RETIRED ATTORNEY)

Op. 88-19 holding law practice out as partnerships when attorneys no longer are partners

Op. 89-36 office sharing attorneys using joint letterhead; holding out as partners when not partners

Op. 90-14 partnership or employment agreement restricting the right of a lawyer to practice law after termination

Op. 91-3 employment agreement in which departing associate pays fees to law firm

Op. 91-4 trade name, firm name when partners licensed in different jurisdictions, direct mail, fees

PART-TIME JUDGES (See JUDGES)

PHYSICIAN

Op. 95-12 payment to client of all settlement funds despite client's agreement with physician to pay medical expenses out of the proceeds of a settlement and attorneys promise to do so

PRACTICE OF LAW
(See also UNAUTHORIZED PRACTICE OF LAW)

Op. 88-18 legal research and writing for law firms and lawyers

Op. 88-36 judge preparing wills for relatives

Op. 89-35 lawyer's practice with more than one firm

Op. 89-31 attorney employed by a certified public accountant's firm for purpose of practicing law; practice of law in association with a layman

Op. 89-37 lawyer awaiting admission in Ohio giving legal advice directly to clients

Op. 90-6 suspended/disbarred lawyer working in law office

Op. 90-12 out of state law firm representing out-of state lending institutions regarding loans made to persons in Ohio

Op. 91-6 federal practice of attorney not licensed in any state

Op. 91-25 judge's preparation, filing, and prosecution of patent applications

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

PREPAID LEGAL SERVICES (See GROUP LEGAL SERVICES)

PRO BONO

Op. 2005-7 attorney volunteering in a bar association sponsored program providing public education and pro bono legal services regarding advance directive forms; individual lawyers or law firms, acting on their own and not through a proper auspice such as a bar association, to provide public education and pro bono legal services regarding advance directive forms

PROFESSIONAL LIABILITY INSURANCE

Op. 2005-1 attorney who performs research and writing on a contract basis to other attorneys is not subject to professional liability insurance notice requirement

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

PROSECUTORS

Op. 87-24 prosecutor or members of prosecutor's office appearing before prosecutor's spouse who is judge

Op. 87-38 former prosecutor now referee hearing cases he or she filed; hearing cases based on new facts or circumstances involving a client for whom he or she appeared; hearing cases brought by prosecutor's office

Op. 88-8 part-time prosecutor doing criminal defense work

Op. 88-13 prosecuting attorney appearing before part-time judge who employs prosecutor's assistant in private practice

Op. 88-15 former public defender now county prosecutor appointing assistant to handle cases which were pending when he/she worked at public defender's office

Op. 88-25 extra-judicial statements related to criminal investigations, trial publicity

Op. 89-09 municipal prosecutor's duty to report that criminal defense attorney is employed in same law office as county prosecutor

Op. 89-23 part-time prosecutor who is police officer testifying as a witness

Op. 89-34 prosecutor or attorney general who represents judge in a pending law suit appearing before the judge; appearances by other members of prosecutor's office or attorney generals office; rule of necessity; disqualification

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

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

Op. 92-7 opposing counsels communication with county commissioners outside prosecutor's presence

Op. 92-13 assistant county prosecutor in part-time practice sharing or subletting office space from attorney who does criminal defense

Op. 93-7 representation of opposing parties by prosecuting attorney 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

Op. 94-6 special county prosecutor representing criminal defendants

Op. 94-10 prosecutor's offer to dismiss criminal charges that lack merit in exchange for a defendant's promise to release all civil claims against the police and the city

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

Op. 95-11 different attorneys from same prosecutor's office simultaneously handling the prosecutions of family members charged with domestic violence

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. 2003-5 law director or assistant law director acting as an advocate in a trial in which another attorney in the law director's office will testify as a witness on behalf of the city

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. 2007-4 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. 2008-5 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. 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

PUBLIC DEFENDERS
(See also CRIMINAL DEFENSE REPRESENTATION

Op. 88-2 county public defender running for county prosecutor

Op. 88-15 former public defender as prosecutor; imputed disqualification

Op. 90-10 part-time public defender and part-time CSEA attorneys who are siblings and in private practice together

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

PUBLIC OFFICIALS/EMPLOYEES
(See also JUDGES; OHIO ETHICS LAW; PROSECUTORS; PUBLIC DEFENDERS)

Assistant attorney general

Op. 88-10 lawyer who is commissioner with court of claims serving as a special assistant attorney general

Op. 89-34 attorney from prosecutor's office or attorney general's office representing judge

Child support enforcement agency attorney

Op. 90-10 representing interests of the state; representing criminal or traffic clients in private practice; representing domestic relations clients; representing opposing parties when sibling is public defender; non-attorney support staff doing intake, interviews, and preparation of 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

City Council Person

Op. 96-6 city council person private representation of clients in civil and criminal matters in municipal court

City Director of Law

Op. 87-22 law director appearing before judge/father/partner

Op. 88-8 part-time prosecutor doing criminal defense work; narrow exception for city law director doing criminal defense work

Op. 89-10 city law director consenting to judge's brother-in-law representing criminal defendants and appearing before the judge

Op. 2003-5 law director or assistant law director acting as an advocate in a trial in which another attorney in the law director’s office will testify as a witness on behalf of the city

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. 2008-5 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; Modifies Op. 2008-6.

County Commissioner

Op. 88-20 county commissioner who is lawyer representing clients in common pleas court

Op.92-7 attorney's communication of client's position to county commissioners at a public meeting without prosecuting attorney being present

Court of Claims Commissioner

Op. 88-10 Court of Claims Commissioner serving as a Special Assistant Attorney General

Post employment restrictions

Op. 87-38 former assistant prosecuting attorney now referee

Op. 88-15 former county defender now county prosecutor; imputed disqualification

Op. 90-10 former CSEA attorney in private practice

Op. 93-8 former judge now in private practice

Op. 05-5 former magistrate now in private practice

Running for different office

Op. 88-2 county public defender running for county prosecuting attorney

Village Solicitor

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