EC 1-6. An applicant for admission to the bar or a lawyer may be unqualified, temporarily or

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Ohio Rules of Court › Judges and Attorneys › Ohio Code of Professional Responsibility (Ethical Considerations) › Ohio EC 1-6

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permanently, for other than moral and educational reasons, such as mental or emotional

instability. Lawyers should be diligent in taking steps to see that during a period of

disqualification such person is not granted a license or, if licensed, is not permitted to practice.

In like manner, when the disqualification has terminated, members of the bar should assist such

person in being licensed, or, if licensed, in being restored to his full right to practice.

DISCIPLINARY RULES

DR 1-101. MAINTAINING INTEGRITY AND COMPETENCE OF THE LEGAL

PROFESSION.

(A)

A lawyer is subject to discipline if he has made a materially false statement in, or

if he has deliberately failed to disclose a material fact requested in connection with, his

application for admission to the bar.

(B)

A lawyer shall not further the application for admission to the bar of another

person known by him to be unqualified in respect to character, education, or other relevant

attribute.

DR 1-102. MISCONDUCT.

A lawyer shall not:

(1)

Violate a Disciplinary Rule or, as a judicial candidate as defined in Canon 7 of the

Code of Judicial Conduct, the provisions of the Code of Judicial Conduct applicable to judicial

candidates.

(2)

Circumvent a Disciplinary Rule through actions of another.

(3)

Engage in illegal conduct involving moral turpitude.

(4)

Engage in conduct involving dishonesty, fraud, deceit, or misrepresentation.

(5)

Engage in conduct that is prejudicial to the administration of justice.

Code of Judicial Conduct, the provisions of the Code of Judicial Conduct applicable to judicial

candidates.

(2)

Circumvent a Disciplinary Rule through actions of another.

(3)

Engage in illegal conduct involving moral turpitude.

(4)

Engage in conduct involving dishonesty, fraud, deceit, or misrepresentation.

(5)

Engage in conduct that is prejudicial to the administration of justice.

(6)

Engage in any other conduct that adversely reflects on the lawyer's fitness to

practice law.

(B)

A lawyer shall not engage, in a professional capacity, in conduct involving

discrimination prohibited by law because of race, color, religion, age, gender, sexual orientation,

national origin, marital status, or disability. This prohibition does not apply to a lawyer's

confidential communication to a client or preclude legitimate advocacy where race, color,

religion, age, gender, sexual orientation, national origin, marital status, or disability is relevant to

the proceeding where the advocacy is made.

[Effective: October 5, 1970; amended effective July 1, 1994; July 1, 1995.]

DR 1-103. DISCLOSURE OF INFORMATION TO AUTHORITIES.

A lawyer possessing unprivileged knowledge of a violation of DR 1-102 shall

report such knowledge to a tribunal or other authority empowered to investigate or act upon such

violation.

(B)

A lawyer possessing unprivileged knowledge or evidence concerning another

lawyer or a judge shall reveal fully such knowledge or evidence upon proper request of a tribunal

or other authority empowered to investigate or act upon the conduct of lawyers or judges.

of DR 1-102 shall

report such knowledge to a tribunal or other authority empowered to investigate or act upon such

violation.

(B)

A lawyer possessing unprivileged knowledge or evidence concerning another

lawyer or a judge shall reveal fully such knowledge or evidence upon proper request of a tribunal

or other authority empowered to investigate or act upon the conduct of lawyers or judges.

(C)

Any knowledge obtained by a member of a committee or subcommittee of a bar

association, or by a member, employee, or agent of a nonprofit corporation established by a bar

association, designed to assist lawyers with substance abuse or mental health problems shall be

privileged for all purposes under DR 1-103, provided the knowledge was obtained while the

member, employee, or agent was performing duties as a member, employee, or agent of the

committee, subcommittee, or nonprofit corporation.

[Effective: October 5, 1970; amended effective June 17, 1987; September 1, 1995;

February 1, 2003.]

DR 1-104. DISCLOSURE OF INFORMATION TO THE CLIENT.

A lawyer shall inform a client at the time of the client’s engagement of the lawyer

or at any time subsequent to the engagement if the lawyer does not maintain professional liability

insurance in the amounts of at least one hundred thousand dollars per occurrence and three

hundred thousand dollars in the aggregate or if the lawyer’s professional liability insurance is

terminated. The notice shall be provided to the client on a separate form set forth following this

rule and shall be signed by the client.

(B)

A lawyer shall maintain a copy of the notice signed by the client for five years

after termination of representation of the client.

(C)

The notice required by division (A) of this rule shall not apply to a lawyer who is

engaged in either of the following:

(1)

Rendering legal services to a governmental entity that employs the lawyer;

ing this

rule and shall be signed by the client.

(B)

A lawyer shall maintain a copy of the notice signed by the client for five years

after termination of representation of the client.

(C)

The notice required by division (A) of this rule shall not apply to a lawyer who is

engaged in either of the following:

(1)

Rendering legal services to a governmental entity that employs the lawyer;

(2)

Rendering legal services to an entity that employs the lawyer as in-house counsel.

NOTICE TO CLIENT

Required by DR 1-104

Ohio Code of Professional Responsibility

Pursuant to DR 1-104 of the Ohio Code of Professional Responsibility, I am required to

notify you that I do not maintain professional liability (malpractice) insurance of at least

$100,000 per occurrence and $300,000 in the aggregate.

_____________________

Attorney's Signature

CLIENT ACKNOWLEDGEMENT

I acknowledge receipt of the notice required by DR 1-104 of the Ohio Code of

Professional Responsibility that [insert attorney’s name] does not maintain professional liability

(malpractice) insurance of at least $100,000 per occurrence and $300,000 in the aggregate.

_____________________

Client’s Signature

_____________________

Date

[Effective: July 1, 2001]

CANON 2

A Lawyer Should Assist the Legal Profession

in Fulfilling Its Duty to Make Legal Counsel Available

ETHICAL CONSIDERATIONS

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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