# Ohio DR 9-102: DR 9-102. PRESERVING IDENTITY OF FUNDS AND PROPERTY OF A CLIENT

> Ohio · Court rules · Superseded

URL: https://www.frixlaw.com/law-library/statutes/SRULES_OH_PROFRESP_DR_R9_102

## Section

- **Citation:** Ohio DR 9-102
- **Heading:** DR 9-102. PRESERVING IDENTITY OF FUNDS AND PROPERTY OF A CLIENT
- **Jurisdiction:** Ohio
- **Kind:** Court rules
- **Status:** Superseded
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Ohio Rules of Court / Judges and Attorneys / Ohio Code of Professional Responsibility (Disciplinary Rules) / Ohio DR 9-102

## Text

All funds of clients paid to a lawyer or law firm, other than advances for costs and
expenses, shall be deposited in one or more identifiable bank accounts maintained in the state in
which the law office is situated and no funds belonging to the lawyer or law firm shall be
deposited therein except as follows:

(1)
Funds reasonably sufficient to pay bank charges may be deposited therein.

(2)
Funds belonging in part to a client and in part presently or potentially to the
lawyer or law firm must be deposited therein, but the portion belonging to the lawyer or law firm
may be withdrawn when due unless the right of the lawyer or law firm to receive it is disputed by
the client, in which event the disputed portion shall not be withdrawn until the dispute is finally
resolved.

(B)
A lawyer shall:

(1)
Promptly notify a client of the receipt of his funds, securities, or other properties.

(2)
Identify and label securities and properties of a client promptly upon receipt and
place them in a safe deposit box or other place of safekeeping as soon as practicable.

(3)
Maintain complete records of all funds, securities, and other properties of a client
coming into the possession of the lawyer and render appropriate accounts to his client regarding
them.

(4)
Promptly pay or deliver to the client as requested by a client the funds, securities,
or other properties in the possession of the lawyer which the client is entitled to receive.

(C)
A lawyer, law firm, or estate of a deceased lawyer who sells a law practice shall
transfer all funds held pursuant to DR 9-102(A) to the lawyer or law firm purchasing the law
practice at the time client files are transferred.
deliver to the client as requested by a client the funds, securities,
or other properties in the possession of the lawyer which the client is entitled to receive.

(C)
A lawyer, law firm, or estate of a deceased lawyer who sells a law practice shall
transfer all funds held pursuant to DR 9-102(A) to the lawyer or law firm purchasing the law
practice at the time client files are transferred.

(D)
Nothing in the Code of Professional Responsibility shall be interpreted to prohibit
compliance by a lawyer, a law firm, or an ancillary business related to the practice of law in
which the lawyer is a principal with the provisions of sections 3953.231, 4705.09, and 4705.10 of
the Revised Code and any rules adopted by the Ohio Legal Assistance Foundation pursuant to
section 120.52 of the Revised Code.

(E)
No lawyer, law firm, or ancillary business related to the practice of law shall fail
to do any of the following:

(1)
Maintain funds of clients or third persons in an interest-bearing trust account that
is established in an eligible depository institution as required by sections 3953.231, 4705.09, and

4705.10 of the Revised Code or any rules adopted by the Ohio Legal Assistance Foundation
pursuant to section 120.52 of the Revised Code;

(2)
Notify the Ohio Legal Assistance Foundation, in a manner required by rules
adopted by the Ohio Legal Assistance Foundation pursuant to section 120.52 of the Revised
Code, of the existence of an interest-bearing trust account;

(3)
Comply with the reporting requirement contained in Gov. Bar R. VI, Section 1(F).

DEFINITIONS*

As used in the Disciplinary Rules of the Code of Professional Responsibility:

(1)
“Differing interests” include every interest that will adversely affect either the
judgment or the loyalty of a lawyer to a client, whether it be a conflicting, inconsistent, diverse,
or other interest.
;

(3)
Comply with the reporting requirement contained in Gov. Bar R. VI, Section 1(F).

DEFINITIONS*

As used in the Disciplinary Rules of the Code of Professional Responsibility:

(1)
“Differing interests” include every interest that will adversely affect either the
judgment or the loyalty of a lawyer to a client, whether it be a conflicting, inconsistent, diverse,
or other interest.

(2)
“Law firm” includes a legal professional association, corporation, legal clinic,
limited liability company, registered partnership, or any other organization under which a lawyer
may engage in the practice of law pursuant to the Supreme Court Rules for the Government of
the Bar of Ohio.

(3)
“Person” includes a corporation, an association, a trust, a partnership, and any
other organization or legal entity.

(4)
“Professional legal corporation” means a corporation, or an association treated as
a corporation, authorized by law to practice law for profit.

(5)
“State” includes the District of Columbia, Puerto Rico, and other federal
territories and possessions.

(6)
“Tribunal” includes all courts and all other adjudicatory bodies.

(7)
“A Bar association” includes a bar association of specialists as referred to in DR
2-105(A)(1) or (4).

(8)
“Qualified legal assistance organization” means an office or organization of one
of the four types listed in DR 2-103(D)(1)-(4), inclusive that meets all the requirements thereof.

(9)
“Ancillary business related to the practice of law” includes, but is not limited to, a
title insurance company that is owned, operated, or owned and operated by a lawyer or law firm
and that is subject to section 3953.231 of the Revised Code.

* “Confidence” and “secret” are defined in DR 4-101(A).

[Effective: October 5, 1970; amended effective October 20, 1975; June 11, 1979;
November 1, 2002.]

## Nearby sections

- [Ohio DR 1-101 DR 1-101. MAINTAINING INTEGRITY AND COMPETENCE OF THE LEGAL](https://www.frixlaw.com/law-library/statutes/SRULES_OH_PROFRESP_DR_R1_101.md)
- [Ohio DR 1-102 DR 1-102. MISCONDUCT](https://www.frixlaw.com/law-library/statutes/SRULES_OH_PROFRESP_DR_R1_102.md)
- [Ohio DR 1-103 DR 1-103. DISCLOSURE OF INFORMATION TO AUTHORITIES](https://www.frixlaw.com/law-library/statutes/SRULES_OH_PROFRESP_DR_R1_103.md)
- [Ohio DR 1-104 DR 1-104. DISCLOSURE OF INFORMATION TO THE CLIENT](https://www.frixlaw.com/law-library/statutes/SRULES_OH_PROFRESP_DR_R1_104.md)
- [Ohio DR 2-101 DR 2-101. PUBLICITY](https://www.frixlaw.com/law-library/statutes/SRULES_OH_PROFRESP_DR_R2_101.md)
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- [Ohio DR 2-107 DR 2-107. DIVISION OF FEES AMONG LAWYERS](https://www.frixlaw.com/law-library/statutes/SRULES_OH_PROFRESP_DR_R2_107.md)
- [Ohio DR 2-108 DR 2-108. AGREEMENTS RESTRICTING THE PRACTICE OF A LAWYER](https://www.frixlaw.com/law-library/statutes/SRULES_OH_PROFRESP_DR_R2_108.md)
- [Ohio DR 2-109 DR 2-109. ACCEPTANCE OF EMPLOYMENT](https://www.frixlaw.com/law-library/statutes/SRULES_OH_PROFRESP_DR_R2_109.md)
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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SRULES_OH_PROFRESP_DR_R9_102. Check the current official text before relying on it. Not legal advice.
