EC 2-32. As a party of the legal profession's commitment to the principle that high quality legal

services should be available to all, attorneys are encouraged to cooperate with qualified legal

assistance organizations providing prepaid legal services. Such participation should at all times

be in accordance with the basic tenets of the profession: independence, integrity, competence

and devotion to the interests of individual clients. An attorney so participating should make

certain that his relationship with a qualified legal assistance organization in no way interferes

with his independent, professional representation of the interests of the individual client. An

attorney should avoid situations in which officials of the organization who are not lawyers

attempt to direct attorneys concerning the manner in which legal services are performed for

individual members, and should also avoid situations in which considerations of economy are

given undue weight in determining the attorneys employed by an organization or the legal

services to be performed for the member or beneficiary rather than competence and quality of

service. An attorney interested in maintaining the historic traditions of the profession and

preserving the function of a lawyer as a trusted and independent advisor to individual members

of society should carefully assess such factors when accepting employment by, or otherwise

participating in, a particular qualified legal assistance organization, and while so participating

should adhere to the highest professional standards of effort and competence.

DR 2-101. PUBLICITY.

A lawyer shall not, on his or her own behalf or that of a partner, associate, or other

lawyer affiliated with the lawyer or the lawyer's firm, use, or participate in the use of, any form of

public communication, including direct mail solicitation, that:

(1)

Contains any false, fraudulent, misleading, deceptive, self-laudatory, or unfair

statement;

and competence.

DR 2-101. PUBLICITY.

A lawyer shall not, on his or her own behalf or that of a partner, associate, or other

lawyer affiliated with the lawyer or the lawyer's firm, use, or participate in the use of, any form of

public communication, including direct mail solicitation, that:

(1)

Contains any false, fraudulent, misleading, deceptive, self-laudatory, or unfair

statement;

(2)

Seeks employment in connection with matters in which the lawyer or law firm

does not intend to actively participate in the representation, but that the lawyer or law firm

intends to refer to other counsel, except that this provision shall not apply to organizations

defined in DR 2-103(D)(1);

(3)

Contains any testimonial of past or present clients pertaining to the lawyer's

capability;

(4)

Contains any claim that is not verifiable;

(5)

Contains characterizations of rates or fees chargeable by the lawyer or law firm,

such as "cut-rate,” “lowest," "giveaway," "below cost," "discount," and "special;" however, use of

characterizations of rates or fees such as "reasonable" and "moderate" is acceptable.

(B)

Subject to the limitations contained in these rules:

(1)

A lawyer or law firm may advertise services or the sale of a law practice through

newspapers, periodicals, trade journals, "shoppers," and similar print media, outdoor advertising,

radio and television, and written communication.

(2)

A lawyer or law firm may permit or purchase inclusion of information in a

telephone or city directory, subject to the following standards:

(a)

The lawyer's or the firm's name, address, and telephone number may be listed

alphabetically in the residential, business, or classified sections.

(b)

Listing or display advertising in the classified section shall be limited to one or

more of the following:

or law firm may permit or purchase inclusion of information in a

telephone or city directory, subject to the following standards:

(a)

The lawyer's or the firm's name, address, and telephone number may be listed

alphabetically in the residential, business, or classified sections.

(b)

Listing or display advertising in the classified section shall be limited to one or

more of the following:

(i)

under the general heading "Lawyers" or "Attorneys;"

(ii)

if a lawyer or a firm meets the requirements of DR 2-105(A)(1), under the

classification or heading identifying the field or area of practice in which the lawyer or firm is so

qualified;

(iii)

under a classification or heading that identifies the lawyer or firm by geographic

location, certification as a specialist pursuant to DR 2-105(A)(4) or (5), or field of law as

provided by DR 2-105(A)(6).

(c)

Nothing contained in this rule shall prohibit a lawyer or law firm from permitting

inclusion in reputable law lists and law directories intended primarily for the use of the legal

profession, of such information as has traditionally appeared in those publications.

(3)

Brochures or pamphlets containing biographical and informational data that is

acceptable under these rules may be disseminated directly to clients, members of the bar, or

others.

(C)

A communication is false or misleading if it satisfies any of the following:

(1)

Contains a material misrepresentation of fact or law, or omits a fact necessary to

make the statement considered as a whole not materially misleading;

(2)

Is likely to create an unjustified expectation about results the lawyer can achieve,

or states or implies that the lawyer can achieve results by means that violate the Code of

Professional Responsibility or other law;

he following:

(1)

Contains a material misrepresentation of fact or law, or omits a fact necessary to

make the statement considered as a whole not materially misleading;

(2)

Is likely to create an unjustified expectation about results the lawyer can achieve,

or states or implies that the lawyer can achieve results by means that violate the Code of

Professional Responsibility or other law;

(3)

Is subjectively self-laudatory, or compares a lawyer's services with other lawyers'

services, unless the comparison can be factually substantiated.

(D)

The following information with regard to lawyers, law firms, or members of firms

will be presumed to be informational rather than solely promotional or self-laudatory, and

acceptable for dissemination under these rules, if accurate and presented in a dignified manner:

(1)

Name or names of lawyer, law firm, and professional associates, together with

their addresses and telephone numbers, with designations such as "Lawyer," "Attorney," "Law

Firm";

(2)

Field or fields of practice, limitations of practice, or areas of concentration, but

only to the extent permitted by DR 2-105;

(3)

Date and place of birth;

(4)

Dates and places of admission to the bar of the state and federal courts;

(5)

Schools attended, with dates of graduation and degrees conferred;

(6)

Legal teaching positions held at accredited law schools;

(7)

Authored publications;

(8)

Memberships in bar associations and other professional organizations;

(9)

Technical and professional licenses;

(10)

Military service;

(11)

Foreign language abilities;

(12)

Subject to DR 2-103, prepaid or group legal service programs in which the lawyer

or firm participates;

(13)

Whether credit cards or other credit arrangements are accepted;

s;

(7)

Authored publications;

(8)

Memberships in bar associations and other professional organizations;

(9)

Technical and professional licenses;

(10)

Military service;

(11)

Foreign language abilities;

(12)

Subject to DR 2-103, prepaid or group legal service programs in which the lawyer

or firm participates;

(13)

Whether credit cards or other credit arrangements are accepted;

(14)

Office and telephone answering services hours.

(E)(1) Any of the following information with regard to fees and charges, if presented in a

dignified manner, is acceptable for communication to the public in the manner stipulated by DR

2-101(B):

(a)

Fee for an initial consultation;

(b)

Availability upon request of either a written schedule of fees or of an estimate of

the fee to be charged for specific services;

(c)

Contingent fee rates, subject to DR 2-106(C), provided that the statement

discloses whether percentages are computed before or after deduction of costs and expenses and

advises the public that, in the event of an adverse verdict or decision, the contingent fee litigant

could be liable for payment of court costs, expenses of investigation, expenses of medical

examinations, and costs incurred in obtaining and presenting evidence;

(d)

Fixed fee or range of fees for specific legal services or hourly fee rates, provided

the statement discloses that;

(i)

Stated fixed fees or range of fees will be available only to clients whose matters

are included among the specified services;

(ii)

If the client's matter is not included among the specified services or if no hourly

fee rate is stated, the client will be entitled, without obligation, to a specific written estimate of

the fee likely to be charged.

(2)(a) If a lawyer or a law firm quotes a fee for a service in an advertisement or direct

mail solicitation, the service must be rendered for no more than the fee advertised or quoted.

client's matter is not included among the specified services or if no hourly

fee rate is stated, the client will be entitled, without obligation, to a specific written estimate of

the fee likely to be charged.

(2)(a) If a lawyer or a law firm quotes a fee for a service in an advertisement or direct

mail solicitation, the service must be rendered for no more than the fee advertised or quoted.

(b)

Unless otherwise specified in the advertisement, if a lawyer or a law firm includes

any fee information in a publication that is published more frequently than one time per month,

the lawyer or law firm shall be bound by any representation made in the advertisement for a

period of not less than thirty days after such publication. If a lawyer or law firm publishes any

fee information in a publication that is published once a month or less frequently, the lawyer or

law firm shall be bound by any representation made in the advertisement until the publication of

the succeeding issue. If a lawyer or law firm advertises any fee information in a publication that

has no fixed date for publication of a succeeding issue, the lawyer or law firm shall be bound by

any representation made in the advertisement for a reasonable period of time after publication,

but in no event less than one year.

(c)

Unless otherwise specified, if a lawyer or law firm broadcasts any fee information

by radio or television, the lawyer or law firm shall be bound by any representation made in the

broadcast for a period of not less than thirty days after the date of the broadcast.

(F)(1) A lawyer shall not make any solicitation of legal business in person or by

telephone, except as provided in DR 2-103 and DR 2-104.

otherwise specified, if a lawyer or law firm broadcasts any fee information

by radio or television, the lawyer or law firm shall be bound by any representation made in the

broadcast for a period of not less than thirty days after the date of the broadcast.

(F)(1) A lawyer shall not make any solicitation of legal business in person or by

telephone, except as provided in DR 2-103 and DR 2-104.

(2)

A lawyer or law firm may engage in written solicitation by direct mail addressed

to persons or groups of persons who may be in need of specific legal service by reason of a

circumstance, condition, or occurrence that is known or, upon reasonable inquiry, could be

known to the soliciting lawyer or law firm, provided the letter of solicitation:

(a)

Discloses accurately and fully the manner in which the lawyer or law firm became

aware of and verified the identity and specific legal need of the addressee;

(b)

Disclaims any prior acquaintance or contact with the addressee and avoids any

personalization in approach unless the facts are otherwise;

(c)

Disclaims or refrains from expressing any predetermined evaluation of the merits

of the addressee's case;

(d)

Conforms to standards required by these rules with respect to information

acceptable for inclusion in media advertising by lawyers and law firms;

(e)

Includes in its text and on the envelope in which mailed, in red ink and in type no

smaller than 10 point, the recital –“ADVERTISEMENT ONLY.”

(3)

The provisions of division (F)(2) of this rule shall not apply to organizations

defined in DR 2-103(D)(1).

standards required by these rules with respect to information

acceptable for inclusion in media advertising by lawyers and law firms;

(e)

Includes in its text and on the envelope in which mailed, in red ink and in type no

smaller than 10 point, the recital –“ADVERTISEMENT ONLY.”

(3)

The provisions of division (F)(2) of this rule shall not apply to organizations

defined in DR 2-103(D)(1).

(4)

Prior to mailing a written solicitation of legal business pursuant to division (F)(2)

of this rule to a party who has been named as a defendant in a civil action, a lawyer or law firm

shall verify that the party has been served with notice of the action filed against that party.

Service shall be verified by consulting the docket of the court in which the action was filed to

determine whether mail, personal, or residence service has been perfected or whether service by

publication has been completed. Division (F)(4) of this rule shall not apply to the solicitation of

a debtor regarding representation of the debtor in a potential or actual bankruptcy action.

(G)

A lawyer shall not directly or indirectly compensate or give any thing of value to

representatives of the press, radio, television, or other communication medium in anticipation of

or in return for professional publicity in a news item.

(H)(1) If a communication is sent by a lawyer to a prospective client or a relative of a

prospective client within thirty days of an accident or disaster that gives rise to a potential claim

for personal injury or wrongful death, the following “Understanding Your Rights” must be

enclosed with the communication.

UNDERSTANDING YOUR RIGHTS*

If you have been in an accident, or a family member has been injured or

killed in a crash or some other incident, you have many important decisions to

make. We believe it is important for you to consider the following:

se to a potential claim

for personal injury or wrongful death, the following “Understanding Your Rights” must be

enclosed with the communication.

UNDERSTANDING YOUR RIGHTS*

If you have been in an accident, or a family member has been injured or

killed in a crash or some other incident, you have many important decisions to

make. We believe it is important for you to consider the following:

1.

Make and keep records - If your situation involves a motor vehicle crash, regardless of

who may be at fault, it is helpful to obtain a copy of the police report, learn the identity of any

witnesses, and obtain photographs of the scene, vehicles, and any visible injuries. Keep copies of

receipts of all your expenses and medical care related to the incident.

2.

You do not have to sign anything - You may not want to give an interview or recorded

statement without first consulting with an attorney, because the statement can be used against

you. If you may be at fault or have been charged with a traffic or other offense, it may be

advisable to consult an attorney right away. However, if you have insurance, your insurance

policy probably requires you to cooperate with your insurance company and to provide a

statement to the company. If you fail to cooperate with your insurance company, it may void

your coverage.

3.

Your interests versus interests of insurance company - Your interests and those of the

other person’s insurance company are in conflict. Your interests may also be in conflict with

your own insurance company. Even if you are not sure who is at fault, you should contact your

own insurance company and advise the company of the incident to protect your insurance

coverage.

4.

There is a time limit to file an insurance claim - Legal rights, including filing a lawsuit,

are subject to time limits. You should ask what time limits apply to your claim. You may need

to act immediately to protect your rights.

n if you are not sure who is at fault, you should contact your

own insurance company and advise the company of the incident to protect your insurance

coverage.

4.

There is a time limit to file an insurance claim - Legal rights, including filing a lawsuit,

are subject to time limits. You should ask what time limits apply to your claim. You may need

to act immediately to protect your rights.

5.

Get it in writing - You may want to request that any offer of settlement from anyone be

put in writing, including a written explanation of the type of damages which they are willing to

cover.

6.

Legal assistance may be appropriate - You may consult with an attorney before you

sign any document or release of claims. A release may cut off all future rights against others,

obligate you to repay past medical bills or disability benefits, or jeopardize future benefits. If

your interests conflict with your own insurance company, you always have the right to discuss

the matter with an attorney of your choice, which may be at your own expense.

7.

How to find an attorney - If you need professional advice about a legal problem but do

not know an attorney, you may wish to check with relatives, friends, neighbors, your employer or

co-workers who may be able to recommend an attorney. Your local bar association may have a

lawyer referral service that can be found in the Yellow Pages.

8.

Check a lawyer’s qualifications - Before hiring any lawyer, you have the right to know

the lawyer’s background, training, and experience in dealing with cases similar to yours.

9.

How much will it cost? - In deciding whether to hire a particular lawyer, you should

discuss, and the lawyer’s written fee agreement should reflect:

yer referral service that can be found in the Yellow Pages.

8.

Check a lawyer’s qualifications - Before hiring any lawyer, you have the right to know

the lawyer’s background, training, and experience in dealing with cases similar to yours.

9.

How much will it cost? - In deciding whether to hire a particular lawyer, you should

discuss, and the lawyer’s written fee agreement should reflect:

a.

How is the lawyer to be paid? If you already have a settlement offer, how

will that affect a contingent fee arrangement?

b.

How are the expenses involved in your case, such as telephone calls,

deposition costs, and fees for expert witnesses, to be paid? Will these costs be

advanced by the lawyer or charged to you as they are incurred? Since you are

obligated to pay all expenses even if you lose your case, how will payment be

arranged?

c.

Who will handle your case? If the case goes to trial, who will be the trial

attorney?

This information is not intended as a complete description of your legal rights, but as a

checklist of some of the important issues you should consider.

*THE SUPREME COURT OF OHIO, WHICH GOVERNS THE CONDUCT OF

LAWYERS IN THE STATE OF OHIO, NEITHER PROMOTES NOR PROHIBITS THE

DIRECT SOLICITATION OF PERSONAL INJURY VICTIMS. THE COURT DOES

REQUIRE THAT, IF SUCH A SOLICITATION IS MADE, IT MUST INCLUDE THE

ABOVE DISCLOSURE.

(2)

The communication described in division (H)(1) of this rule must meet all of the

other requirements of these rules.

*THE SUPREME COURT OF OHIO, WHICH GOVERNS THE CONDUCT OF

LAWYERS IN THE STATE OF OHIO, NEITHER PROMOTES NOR PROHIBITS THE

DIRECT SOLICITATION OF PERSONAL INJURY VICTIMS. THE COURT DOES

REQUIRE THAT, IF SUCH A SOLICITATION IS MADE, IT MUST INCLUDE THE

ABOVE DISCLOSURE.

(2)

The communication described in division (H)(1) of this rule must meet all of the

other requirements of these rules.

(3)

The communication described in division (H)(1) of this rule applies to any

communication sent by a lawyer, on the lawyer’s behalf, or by the lawyer’s firm, partner,

associate, or any other lawyer affiliated with the lawyer or the lawyer’s firm.

[Effective: October 5, 1970; amended effective October 20, 1975; November 28, 1977;

February 12, 1979; June 11, 1979; March 1, 1986; January 1, 1993; August 16, 1993;

January 1, 2000; April 1, 2001; February 1, 2003.]

DR 2-102. PROFESSIONAL NOTICES, LETTERHEADS, AND OFFICES.

A lawyer or law firm may use or participate in the use of professional cards,

professional announcement cards, office signs, letterheads, or similar professional notices or

devices, that are in dignified form and comply with the following:

(1)

A professional card of a lawyer identifying the lawyer by name and as a lawyer

and giving the lawyer's addresses, telephone numbers, law firm name, and any information

permitted under DR 2-105. A professional card of a law firm may also give the names of

members and associates and may be used for identification.

(2)

A brief professional announcement card stating new or changed associations or

addresses, change of firm name, sale of a law practice, or similar matters pertaining to the

professional offices of a lawyer or law firm. It shall not state the nature of the practice except as

permitted under DR 2-105.

(3)

A sign on or near the door of the office and in the building directory identifying

the law office. The sign shall not state the nature of the practice, except as permitted under DR 2-

105.

firm name, sale of a law practice, or similar matters pertaining to the

professional offices of a lawyer or law firm. It shall not state the nature of the practice except as

permitted under DR 2-105.

(3)

A sign on or near the door of the office and in the building directory identifying

the law office. The sign shall not state the nature of the practice, except as permitted under DR 2-

105.

(4)

A letterhead of a lawyer identifying the lawyer by name and as a lawyer, and

giving the lawyer's addresses, telephone numbers, law firm name, associates, and any

information permitted under DR 2-105. A letterhead of a law firm may also give the names of

members and associates, and names and dates relating to deceased and retired members. A

lawyer may be designated “Of Counsel” on a letterhead if the lawyer has a continuing

relationship with a lawyer or law firm, other than as a partner or associate. A lawyer or law firm

may be designated as “General Counsel” or by similar professional reference on stationery of a

client if the lawyer or the firm devotes a substantial amount of professional time in the

representation of that client. The letterhead of a law firm may give the names and dates of

predecessor firms in a continuing line of succession.

(B)

A lawyer in private practice shall not practice under a trade name, a name that is

misleading as to the identity of the lawyer or lawyers practicing under the name, or a firm name

containing names other than those of one or more of the lawyers in the firm, except that the name

of a professional corporation or association, legal clinic, limited liability company, or registered

partnership shall contain symbols indicating the nature of the organization as required by Gov.

Bar R. III. If otherwise lawful, a firm may use as, or continue to include in, its name the name or

names of one or more deceased or retired members of the firm or of a predecessor firm in a

continuing line of succession

poration or association, legal clinic, limited liability company, or registered

partnership shall contain symbols indicating the nature of the organization as required by Gov.

Bar R. III. If otherwise lawful, a firm may use as, or continue to include in, its name the name or

names of one or more deceased or retired members of the firm or of a predecessor firm in a

continuing line of succession. A lawyer who assumes a judicial, legislative, public executive, or

administrative post or office shall not permit his or her name to remain in the name of a law firm

or to be used in professional notices of the firm during any significant period in which the lawyer

is not actively and regularly practicing law as a member of the firm, and during this period other

members of the firm shall not use the lawyer's name in the firm name or in professional notices

of the firm.

(C)

A lawyer shall not hold himself or herself out as having a partnership with one or

more other lawyers or professional corporations unless they are in fact partners.

(D)

A partnership shall not be formed or continued between or among lawyers

licensed in different jurisdictions unless all enumerations of the members and associates of the

firm on its letterhead and in other permissible listings make clear the jurisdictional limitations on

those members and associates of the firm not licensed to practice in all listed jurisdictions;

however, the same firm name may be used in each jurisdiction.

(E)

A lawyer who is engaged both in the practice of law and another profession or

business shall not so indicate on the lawyer's letterhead, office sign, or professional card, nor

shall the lawyer identify himself or herself as a lawyer in any publication in connection with his

or her other profession or business.

jurisdictions;

however, the same firm name may be used in each jurisdiction.

(E)

A lawyer who is engaged both in the practice of law and another profession or

business shall not so indicate on the lawyer's letterhead, office sign, or professional card, nor

shall the lawyer identify himself or herself as a lawyer in any publication in connection with his

or her other profession or business.

(F)

Nothing contained in this rule shall prohibit a lawyer from using or permitting the

use, in connection with the lawyer's name, of an earned degree or title derived from an earned

degree indicating the lawyer's training in the law.

(G) A legal clinic operated by one or more lawyers may be organized by the lawyer or

lawyers for the purpose of providing standardized and multiple legal services. The name of the

law office shall consist only of the names of one or more of the active practitioners in the

organization, and may include the phrase "legal clinic" or words of similar import. The use of a

trade name or geographical or other type of identification or description is prohibited. The name

of any active practitioner in the clinic may be retained in the name of the legal clinic after the

lawyer's death, retirement or inactivity because of age or disability, and the name must otherwise

conform to other provisions of the Code of Professional Responsibility and The Supreme Court

Rules for the Government of the Bar of Ohio. The legal clinic cannot be owned by, and profits or

losses cannot be shared with, nonlawyers or lawyers who are not actively engaged in the practice

of law in the organization.

[Effective: October 5, 1970; amended effective November 28, 1977; March 13, 1978; June

11, 1979; January 4, 1982; March 1, 1986; December 1, 1995; February 1, 2003.]

DR 2-103. RECOMMENDATION OF PROFESSIONAL EMPLOYMENT.

legal clinic cannot be owned by, and profits or

losses cannot be shared with, nonlawyers or lawyers who are not actively engaged in the practice

of law in the organization.

[Effective: October 5, 1970; amended effective November 28, 1977; March 13, 1978; June

11, 1979; January 4, 1982; March 1, 1986; December 1, 1995; February 1, 2003.]

DR 2-103. RECOMMENDATION OF PROFESSIONAL EMPLOYMENT.

A lawyer shall not recommend employment, as a private practitioner, of himself

or herself, his or her partner, or associate to a non-lawyer who has not sought the lawyer’s advice

regarding employment of a lawyer, except as provided in DR 2-101.

(B)

A lawyer shall not compensate or give any thing of value to a person or

organization to recommend or secure the lawyer’s employment by a client, or as a reward for

having made a recommendation resulting in the lawyer’s employment by a client, except that the

lawyer may pay the usual and reasonable fees or dues charged by any of the organizations listed

in DR 2-103(D).

(C)

A lawyer shall not request a person or organization to recommend or promote the

use of the lawyer’s services or those of the lawyer’s partner or associate, or any other lawyer

affiliated with the lawyer or the lawyer’s firm, as a private practitioner, except that:

(1)

The lawyer may request referrals from a lawyer referral service that refers the

lawyer to prospective clients but only if the lawyer referral service conforms to all of the

following:

(a)

Operates in the public interest for the purpose of referring prospective clients to

lawyers, pro bono and public service programs, and government, consumer, or other agencies

who can provide the assistance the clients need in light of their financial circumstance, spoken

language, any disability, geographical convenience, and the nature and complexity of their

problem;

(b)

Calls itself a lawyer referral service or a lawyer referral and information service;

tive clients to

lawyers, pro bono and public service programs, and government, consumer, or other agencies

who can provide the assistance the clients need in light of their financial circumstance, spoken

language, any disability, geographical convenience, and the nature and complexity of their

problem;

(b)

Calls itself a lawyer referral service or a lawyer referral and information service;

(c)

Is open to all lawyers who are licensed and admitted to the practice of law in Ohio

who maintain an office in the geographical area to be served by the service and who meet

reasonable, objectively determined experience requirements established by the service; pay the

reasonable registration and membership fees established by the service; and maintain in force a

policy of errors and omissions insurance in an amount established by the service;

(d)

Establishes rules that prohibit lawyer members of the service from charging

prospective clients to whom a client is referred, fees and or costs that exceed charges the client

would have incurred had no lawyer referral service been involved;

(e)

Establishes procedures to survey periodically clients referred to determine client

satisfaction with its operations and to investigate and take appropriate action with respect to

client complaints against lawyer members of the service, and the service and its employees;

(f)

Establishes procedures for admitting, suspending, or removing lawyers from its

roll of panelists and promulgates rules that prohibit the making of a fee generating referral to any

lawyer who has an ownership interest in, or who operates or is employed by the lawyer referral

service, or who is associated with a law firm that has an ownership interest in, or operates or is

employed by the lawyer referral service;

(g)

Establishes subject-matter panels, eligibility for which shall be determined on the

basis of experience and other substantial objectively determinable criteria;

who has an ownership interest in, or who operates or is employed by the lawyer referral

service, or who is associated with a law firm that has an ownership interest in, or operates or is

employed by the lawyer referral service;

(g)

Establishes subject-matter panels, eligibility for which shall be determined on the

basis of experience and other substantial objectively determinable criteria;

(h)

Does not, as a condition of participation in the referral service, limit the lawyer’s

selection of co-counsel to other lawyers listed with the referral service;

(i)

Does not make a fee-generating referral to any lawyer who has an ownership

interest in or who operates or is employed by the lawyer referral service or who is associated with

a law firm that has an ownership interest in or operates or is employed by a lawyer referral

service.

(j)

Reports regularly to the Supreme Court Committee for Lawyer Referral and

Information Services and complies with the record-keeping and requirements of and regulations

adopted by the Committee.

(2)

A lawyer participating in a lawyer referral service that meets the requirements of

divisions (C)(1)(a) to (j) of this rule may:

(a)

Be required, in addition to payment of a membership or registration fee as

provided in divisions (C)(1)(c) of this rule, to pay a fee calculated as a percentage of legal fees

earned by any lawyer panelist to whom the lawyer referral service has referred a matter. The

income from the percentage fee shall be used only to pay the reasonable operating expenses of

the service and to fund public service activities of the service or its sponsoring organization,

including the delivery of pro bono public services;

(b)

As a condition of participation in the service, be required to submit any fee

disputes with a referred client to mandatory fee arbitration;

. The

income from the percentage fee shall be used only to pay the reasonable operating expenses of

the service and to fund public service activities of the service or its sponsoring organization,

including the delivery of pro bono public services;

(b)

As a condition of participation in the service, be required to submit any fee

disputes with a referred client to mandatory fee arbitration;

(c)

Participate in moderate and no-fee panels and other special panels established by

the service that respond to the referral needs of the consumer public, eligibility for which shall be

determined on the basis of experience and other substantial objectively determinable criteria.

(3) The lawyer may cooperate with the legal service activities of any of the offices or

organizations enumerated in divisions (D)(1) to (4) of this rule and may perform legal services

for those to whom the lawyer was recommended by it to do such work if both of the following

apply:

(a) The person to whom the recommendation is made is a member or beneficiary of such

office or organization;

(b) The lawyer remains free to exercise independent professional judgment on behalf of

the lawyer’s client.

(D) A lawyer shall not knowingly assist a person or organization that furnishes or pays

for legal services to others to promote the use of the lawyer’s services or those of the lawyer’s

partner or associate or any other lawyer affiliated with the lawyer or the lawyer’s firm except as

permitted in DR 2-101(B)

free to exercise independent professional judgment on behalf of

the lawyer’s client.

(D) A lawyer shall not knowingly assist a person or organization that furnishes or pays

for legal services to others to promote the use of the lawyer’s services or those of the lawyer’s

partner or associate or any other lawyer affiliated with the lawyer or the lawyer’s firm except as

permitted in DR 2-101(B). However, this does not prohibit a lawyer or the lawyer’s partner or

associate or any other lawyer affiliated with the lawyer or the lawyer’s firm from being

recommended, employed, or paid by, or cooperating with, assisting, and providing legal services

for, one of the following offices or organizations that promote the use of the lawyer’s services or

those of the lawyer’s partner or associate or any other lawyer affiliated with the lawyer or the

lawyer’s firm if there is no interference with the exercise of independent professional judgment

on behalf of the lawyer’s client:

(1) A legal aid office or public defender office:

(a) Operated or sponsored by a duly accredited law school.

(b) Operated or sponsored by a bona fide non-profit community organization.

(c) Operated or sponsored by a governmental agency.

(d) Operated, sponsored, or approved by a bar association.

(2) A military legal assistance office.

(3) A lawyer referral service that complies with division (C) of this rule.

(4) Any bona fide organization that recommends, furnishes, or pays for legal services to

its members or beneficiaries provided all of the following conditions are satisfied:

(a) The organization, including any affiliate, is organized and operated so that no profit is

derived by it from the rendition of legal services by lawyers, and that, if the organization is

organized for profit, the legal services are not rendered by lawyers employed, directed,

supervised, or selected by it except in connection with matters where the organization bears

ultimate liability of its member or beneficiary.

luding any affiliate, is organized and operated so that no profit is

derived by it from the rendition of legal services by lawyers, and that, if the organization is

organized for profit, the legal services are not rendered by lawyers employed, directed,

supervised, or selected by it except in connection with matters where the organization bears

ultimate liability of its member or beneficiary.

(b) Neither the lawyer, the lawyer’s partner, associate, or any other lawyer affiliated with

the lawyer or the lawyer’s firm, nor any non-lawyer, shall have initiated or promoted the

organization for the primary purpose of providing financial or other benefit to the lawyer,

partner, associate, or affiliated lawyer.

(c) The organization is not operated for the purpose of procuring legal work or financial

benefit for any lawyer as a private practitioner outside of the legal services program of the

organization.

(d) The member or beneficiary to whom the legal services are furnished, and not the

organization, is recognized as the client of the lawyer in the matter.

(e) Any member or beneficiary who is entitled to have legal services furnished or paid

for by the organization, if such member or beneficiary so desires, may select counsel other than

that furnished, selected or approved by the organization; provided, however, that the organization

shall be under no obligation to pay for the legal services furnished by the attorney selected by the

beneficiary unless the terms of the legal services plan specifically provide for payment.

or paid

for by the organization, if such member or beneficiary so desires, may select counsel other than

that furnished, selected or approved by the organization; provided, however, that the organization

shall be under no obligation to pay for the legal services furnished by the attorney selected by the

beneficiary unless the terms of the legal services plan specifically provide for payment.

Every legal services plan shall provide that any member or beneficiary may assert a claim

that representation by counsel furnished, selected, or approved by the organization would be

unethical, improper, or inadequate under the circumstances of the matter involved. The plan

shall provide for adjudication of a claim under division (D)(4)(e) of this rule and appropriate

relief through substitution of counsel or providing that the beneficiary may select counsel and the

organization shall pay for the legal services rendered by selected counsel to the extent that such

services are covered under the plan and in an amount equal to the cost that would have been

incurred by the plan if the plan had furnished designated counsel.

(f) The lawyer does not know or have cause to know that the organization is in violation

of applicable laws, rules of court, and other legal requirements that govern its legal service

operations.

(g) The organization has filed with the Supreme Court of Ohio, on or before the first day

of January of each year, a report with respect to its legal service plan, if any, showing its terms,

its schedule of benefits, its subscription charges, agreements with counsel, and financial results

of its legal service activities or, if it has failed to do so, the lawyer does not know or have cause

to know of the failure.

(E) Nothing in this rule prohibits a lawyer from accepting employment received in

response to the lawyer’s own advertising, provided the advertising is in compliance with DR 2-

101.

of benefits, its subscription charges, agreements with counsel, and financial results

of its legal service activities or, if it has failed to do so, the lawyer does not know or have cause

to know of the failure.

(E) Nothing in this rule prohibits a lawyer from accepting employment received in

response to the lawyer’s own advertising, provided the advertising is in compliance with DR 2-

101.

[Effective: October 5, 1970; amended effective January 1, 1973; October 29, 1975; March 1,

1986, July 1, 1996; November 1, 1999.]

DR 2-104. SUGGESTION OF NEED OF LEGAL SERVICES.

A lawyer who has given unsolicited advice to a nonlawyer that the nonlawyer

should obtain counsel or take legal action shall not accept employment resulting from that

advice, except that:

(1)

A lawyer may accept employment by a close friend, relative, former client, if the

advice is germane to the former employment, or one whom the lawyer reasonably believes to be

a client.

(2)

A lawyer may accept employment that results from the lawyer's participation in

activities designed to educate nonlawyers to recognize legal problems, to make intelligent

selection of counsel, or to utilize available legal services if the activities are conducted or

sponsored by any of the offices or organizations enumerated in DR 2103(D)(1) through (4), to

the extent and under the conditions prescribed in these rules.

(3)

A lawyer who is recommended, furnished or paid by a qualified legal assistance

organization enumerated in DR 2-103(D)(1) through (4) may represent a member or beneficiary

of the organization, to the extent and under the conditions prescribed in these rules.

(4)

Without affecting the lawyer's right to accept employment, a lawyer may speak

publicly or write for publication on legal topics so long as the lawyer does not emphasize the

lawyer's own professional experience or reputation and does not undertake to give individual

advice.

ent a member or beneficiary

of the organization, to the extent and under the conditions prescribed in these rules.

(4)

Without affecting the lawyer's right to accept employment, a lawyer may speak

publicly or write for publication on legal topics so long as the lawyer does not emphasize the

lawyer's own professional experience or reputation and does not undertake to give individual

advice.

(5) If success in asserting rights or defenses of the lawyer's client in litigation in the

nature of a class action is dependent upon the joinder of others, a lawyer may accept, but shall

not seek, employment from those contacted for the purpose of obtaining their joinder.

(B) Nothing in this rule prohibits a lawyer from accepting employment received in

response to the lawyer's own advertising, provided the advertising is in compliance with DR 2-

101.

[Effective: October 5, 1970; amended effective October 20, 1975; March 1, 1986;

December 1, 1995.]

DR 2-105. LIMITATION OF PRACTICE.

A lawyer shall not hold himself or herself out publicly as a specialist or as limiting

his or her practice, except as follows:

(1)

A lawyer admitted to practice before the United States Patent Office may use the

designation "Patents," "Patent Attorney," or "Patent Lawyer," or any combination of those terms,

on his letterhead and office sign. A lawyer engaged in the trademark practice may use the

designation "Trademarks," "Trademark Attorney," or "Trademark Lawyer," or any combination

of those terms, on his letterhead and office sign, and a lawyer engaged in the admiralty practice

may use the designation "Admiralty," "Proctor in Admiralty," or "Admiralty Lawyer," or any

combination of those terms, on his letterhead and office sign.

(2)

A lawyer may permit his name to be listed in lawyer referral service offices

according to the fields of law in which he will accept referrals.

ose terms, on his letterhead and office sign, and a lawyer engaged in the admiralty practice

may use the designation "Admiralty," "Proctor in Admiralty," or "Admiralty Lawyer," or any

combination of those terms, on his letterhead and office sign.

(2)

A lawyer may permit his name to be listed in lawyer referral service offices

according to the fields of law in which he will accept referrals.

(3)

A lawyer available to act as a consultant to or as an associate of other lawyers in a

particular branch of law or legal service may distribute to other lawyers and publish in legal

journals a dignified announcement of such availability, but the announcement shall not contain a

representation of special competence or experience.

(4)

A lawyer who is certified as a specialist in a particular field of law pursuant to the

Supreme Court Rules for the Government of the Bar of Ohio may hold himself or herself out as a

specialist only in accordance with those rules.

(5)

A lawyer who has received certification from a private organization of special

training, competence, or experience in a particular field of law may communicate the fact of the

certification only if the certifying organization is bona fide, certification is issued only to lawyers

who meet objective and consistently applied standards relevant to practice in that field of law that

are higher than those required for admission to the practice of law, and certification is available

to all lawyers who meet the standards. Any communication regarding certification shall comply

with DR 2-101 and, unless the certifying organization is so approved, shall contain a statement

that the certifying organization is not approved by the Supreme Court Commission on

Certification of Attorneys as Specialists.

required for admission to the practice of law, and certification is available

to all lawyers who meet the standards. Any communication regarding certification shall comply

with DR 2-101 and, unless the certifying organization is so approved, shall contain a statement

that the certifying organization is not approved by the Supreme Court Commission on

Certification of Attorneys as Specialists.

(6)

A lawyer may state that his or her practice consists in large part or is limited to a

field or fields of law. Except as provided in DR 2-105(A)(1), (4), and (5), a lawyer may not

claim or imply special competence or experience in a field of law through use of the term

"specialize" or otherwise.

[Effective: October 5, 1970; amended effective March 1, 1986; January 1, 1993.]

DR 2-106. FEES FOR LEGAL SERVICES.

A lawyer shall not enter into an agreement for, charge, or collect an illegal or

clearly excessive fee.

(B)

A fee is clearly excessive when, after a review of the facts, a lawyer of ordinary

prudence would be left with a definite and firm conviction that the fee is in excess of a

reasonable fee. Factors to be considered as guides in determining the reasonableness of a fee

include the following:

(1)

The time and labor required, the novelty and difficulty of the questions involved,

and the skill requisite to perform the legal service properly.

(2)

The likelihood, if apparent to the client, that the acceptance of the particular

employment will preclude other employment by the lawyer.

(3)

The fee customarily charged in the locality for similar legal services.

(4)

The amount involved and the results obtained.

(5)

The time limitations imposed by the client or by the circumstances.

(6)

The nature and length of the professional relationship with the client.

(7)

The experience, reputation, and ability of the lawyer or lawyers performing the

services.

by the lawyer.

(3)

The fee customarily charged in the locality for similar legal services.

(4)

The amount involved and the results obtained.

(5)

The time limitations imposed by the client or by the circumstances.

(6)

The nature and length of the professional relationship with the client.

(7)

The experience, reputation, and ability of the lawyer or lawyers performing the

services.

(8)

Whether the fee is fixed or contingent.

(C)

A lawyer shall not enter into an arrangement for, charge, or collect a contingent

fee for representing a defendant in a criminal case.

DR 2-107. DIVISION OF FEES AMONG LAWYERS.

Division of fees by lawyers who are not in the same firm may be made only with

the prior consent of the client and if all of the following apply:

(1)

The division is in proportion to the services performed by each lawyer or, if by

written agreement with the client, all lawyers assume responsibility for the representation;

(2)

The terms of the division and the identity of all lawyers sharing in the fee are

disclosed in writing to the client;

(3)

The total fee is reasonable.

(B)

In cases of dispute between lawyers arising under this rule, fees shall be divided in

accordance with mediation or arbitration provided by a local bar association. Disputes that

cannot be resolved by a local bar association shall be referred to the Ohio State Bar Association

for mediation or arbitration.

(C)

This rule does not prohibit payment to a former partner or associate pursuant to a

separation or retirement agreement or payments made in conjunction with the sale of a law

practice in accordance with DR 2-111.

[Effective: October 5, 1970; amended effective August 1, 1990; February 1, 2003.]

DR 2-108. AGREEMENTS RESTRICTING THE PRACTICE OF A LAWYER.

ion

for mediation or arbitration.

(C)

This rule does not prohibit payment to a former partner or associate pursuant to a

separation or retirement agreement or payments made in conjunction with the sale of a law

practice in accordance with DR 2-111.

[Effective: October 5, 1970; amended effective August 1, 1990; February 1, 2003.]

DR 2-108. AGREEMENTS RESTRICTING THE PRACTICE OF A LAWYER.

A lawyer shall not be a party to or participate in a partnership or employment

agreement with another lawyer that restricts the right of a lawyer to practice law after the

termination of a relationship created by the agreement, except as a condition to payment of

retirement benefits or the sale of a law practice in accordance with DR 2-111.

(B)

In connection with the settlement of a controversy or suit, a lawyer shall not enter

into an agreement that restricts his right to practice law.

[Effective: October 5, 1970; amended effective February 1, 2003.]

DR 2-109. ACCEPTANCE OF EMPLOYMENT.

A lawyer shall not accept employment on behalf of a person if he knows or it is

obvious that such person wishes to:

(1)

Bring a legal action, conduct a defense, or assert a position in litigation, or

otherwise have steps taken for him, merely for the purpose of harassing or maliciously injuring

any person.

(2)

Present a claim or defense in litigation that is not warranted under existing law,

unless it can be supported by good faith argument for an extension, modification, or reversal of

existing law.

DR 2-110. WITHDRAWAL FROM EMPLOYMENT.

In General.

(1)

If permission for withdrawal from employment is required by the rules of a

tribunal, a lawyer shall not withdraw from employment in a proceeding before that tribunal

without its permission.

not warranted under existing law,

unless it can be supported by good faith argument for an extension, modification, or reversal of

existing law.

DR 2-110. WITHDRAWAL FROM EMPLOYMENT.

In General.

(1)

If permission for withdrawal from employment is required by the rules of a

tribunal, a lawyer shall not withdraw from employment in a proceeding before that tribunal

without its permission.

(2)

In any event, a lawyer shall not withdraw from employment until the lawyer has

taken reasonable steps to avoid foreseeable prejudice to the rights of his or her client, including

giving due notice to his or her client, allowing time for employment of other counsel, delivering

to the client all papers and property to which the client is entitled, and complying with applicable

laws and rules.

(3)

A lawyer who withdraws from employment shall refund promptly any part of a

fee paid in advance that has not been earned, except when withdrawal is pursuant to DR 2-111.

(B)

Mandatory Withdrawal. A lawyer representing a client before a tribunal, with

its permission if required by its rules, shall withdraw from employment, and a lawyer

representing a client in other matters shall withdraw from employment if the lawyer:

(1)

Knows or it is obvious that the client is bringing the legal action, conducting the

defense, or asserting a position in the litigation, or is otherwise having steps taken for the client,

merely for the purpose of harassing or maliciously injuring any person.

(2)

Knows or it is obvious that his or her continued employment will result in

violation of a Disciplinary Rule.

(3)

Has a mental or physical condition that renders it unreasonably difficult for the

lawyer to carry out the employment effectively.

(4)

Is discharged by the client.

(C)

Permissive Withdrawal. If DR 2-110(B) is not applicable, a lawyer may not

request permission to withdraw in matters pending before a tribunal, and may not withdraw in

other matters, unless the request or withdrawal is because:

a mental or physical condition that renders it unreasonably difficult for the

lawyer to carry out the employment effectively.

(4)

Is discharged by the client.

(C)

Permissive Withdrawal. If DR 2-110(B) is not applicable, a lawyer may not

request permission to withdraw in matters pending before a tribunal, and may not withdraw in

other matters, unless the request or withdrawal is because:

(1)

The client:

(a)

Insists upon presenting a claim or defense that is not warranted under existing law

and cannot be supported by good faith argument for an extension, modification, or reversal of

existing law.

(b)

Personally seeks to pursue an illegal course of conduct.

(c)

Insists that the lawyer pursue a course of conduct that is illegal or that is

prohibited under the Disciplinary Rules.

(d)

By other conduct renders it unreasonably difficult for the lawyer to carry out his or

her employment effectively.

(e)

Insists, in a matter not pending before a tribunal, that the lawyer engage in

conduct that is contrary to the judgment and advice of the lawyer but not prohibited under the

Disciplinary Rules.

(f)

Deliberately disregards an agreement or obligation to the lawyer as to expenses or

fees.

(2)

The lawyer’s continued employment is likely to result in a violation of a

Disciplinary Rule.

(3)

The lawyer’s inability to work with co-counsel indicates that the best interests of

the client likely will be served by withdrawal.

(4)

The lawyer’s mental or physical condition renders it difficult for him to carry out

the employment effectively.

(5)

The client knowingly and freely assents to termination of the lawyer’s

employment.

(6)

The lawyer believes in good faith, in a proceeding pending before a tribunal, that

the tribunal will find the existence of other good cause for withdrawal.

be served by withdrawal.

(4)

The lawyer’s mental or physical condition renders it difficult for him to carry out

the employment effectively.

(5)

The client knowingly and freely assents to termination of the lawyer’s

employment.

(6)

The lawyer believes in good faith, in a proceeding pending before a tribunal, that

the tribunal will find the existence of other good cause for withdrawal.

(7)

The lawyer sells the law practice in accordance with DR 2-111.

[Effective: October 5, 1970; amended effective February 1, 2003.]

DR 2-111.

SALE OF LAW PRACTICE

(A)(1) Subject to the provisions of this rule, a lawyer or law firm may sell or purchase a

law practice, including the good will of the practice. The law practice shall be sold in its entirety,

except where a conflict of interest is present that prevents the transfer of representation of a client

or class of clients. This rule shall not permit the sale or purchase of a law practice where the

purchasing lawyer is buying the practice for the sole or primary purpose of reselling the practice

to another lawyer or law firm.

(2)

As used in this rule:

(a)

“Purchasing lawyer” means either an individual lawyer or a law firm;

(b)

“Selling lawyer” means an individual lawyer, a law firm, the estate of a deceased

lawyer, or the representatives of a disabled or disappeared lawyer.

(B)

The selling lawyer and the prospective purchasing lawyer may engage in general

discussions regarding the possible sale of a law practice. Before the selling lawyer may provide

the prospective purchasing lawyer with information relative to client representation or

confidential material contained in client files, the selling lawyer shall require the prospective

purchasing lawyer to execute a confidentiality agreement

the prospective purchasing lawyer may engage in general

discussions regarding the possible sale of a law practice. Before the selling lawyer may provide

the prospective purchasing lawyer with information relative to client representation or

confidential material contained in client files, the selling lawyer shall require the prospective

purchasing lawyer to execute a confidentiality agreement. The confidentiality agreement shall

bind the prospective purchasing lawyer to preserve the confidences and secrets of the clients of

the selling lawyer, consistent with DR 4-101, as if those clients were clients of the prospective

purchasing lawyer.

(C)

The selling lawyer and the purchasing lawyer may negotiate the terms of the sale

of a law practice, subject to all of the following:

(1)

The sale agreement shall include a statement by selling lawyer and purchasing

lawyer that the purchasing lawyer is purchasing the law practice in good faith and with the

intention of delivering legal services to clients of the selling lawyer and others in need of legal

services.

(2)

The sale agreement shall provide that the purchasing lawyer will honor any fee

agreements between the selling lawyer and the clients of the selling lawyer relative to legal

representation that is ongoing at the time of the sale. The purchasing lawyer may negotiate fees

with clients of the selling lawyer for legal representation that is commenced after the date of the

sale.

l

services.

(2)

The sale agreement shall provide that the purchasing lawyer will honor any fee

agreements between the selling lawyer and the clients of the selling lawyer relative to legal

representation that is ongoing at the time of the sale. The purchasing lawyer may negotiate fees

with clients of the selling lawyer for legal representation that is commenced after the date of the

sale.

(3)

The sale agreement may include terms that reasonably limit the ability of the

selling lawyer to reenter the practice of law, including, but not limited to, the ability of the selling

lawyer to reenter the practice of law for a specific period of time or to practice in a specific

geographic area. The sale agreement shall not include terms limiting the ability of the selling

lawyer to practice law or reenter the practice of law if the selling lawyer is selling his or her law

practice to enter academic, government, or public service or to serve as in-house counsel to a

business.

(D)(1) Prior to completing the sale, the selling lawyer and purchasing lawyer shall

provide written notice of the sale to the clients of the selling lawyer. For purposes of this rule,

clients of the selling lawyer include all current clients of the selling lawyer and any closed files

that the selling lawyer and purchasing lawyer agree to make subject of the sale. The written

notice shall include all of the following:

(a)

The anticipated effective date of the proposed sale;

(b)

A statement that the purchasing lawyer will honor all existing fee agreements for

legal representation that is ongoing at the time of sale and that fees for legal representation

commenced after the date of sale will be negotiated by the purchasing lawyer and client;

(c)

The client’s right to retain other counsel or take possession of case files;

(d)

The fact that the client’s consent to the sale will be presumed if the client does not

take action or otherwise object within ninety days of the receipt of the notice;

me of sale and that fees for legal representation

commenced after the date of sale will be negotiated by the purchasing lawyer and client;

(c)

The client’s right to retain other counsel or take possession of case files;

(d)

The fact that the client’s consent to the sale will be presumed if the client does not

take action or otherwise object within ninety days of the receipt of the notice;

(e)

Biographical information relative to the professional qualifications of the

purchasing lawyer, including but not limited to applicable information set forth in DR 2-

101(D)(1) to (11), information regarding any disciplinary action taken against the purchasing

lawyer, and information regarding the existence, nature, and status of any pending disciplinary

complaint certified by a probable cause panel pursuant to Gov. Bar R. V, Section 6(D)(1).

(2)

If the seller is the estate of a deceased lawyer or the representative of a disabled or

disappeared lawyer, the purchasing lawyer shall provide written notice to the clients, and the

purchasing lawyer shall obtain written consent from each client to act on the client’s behalf. The

client’s consent shall be presumed if no response is received from the client within ninety days of

the date the notice was sent to the client at the client’s last known address as shown on the

records of the seller or the client’s rights would be prejudiced by a failure to act during the ninety

day period.

(3)

If a client cannot be given notice, the representation of that client may be

transferred to the purchaser only upon entry of an order authorizing the transfer by a court having

jurisdiction. The seller may disclose to the court, in camera, information relating to the

representation only to the extent necessary to obtain an order authorizing the transfer of the

representation.

y period.

(3)

If a client cannot be given notice, the representation of that client may be

transferred to the purchaser only upon entry of an order authorizing the transfer by a court having

jurisdiction. The seller may disclose to the court, in camera, information relating to the

representation only to the extent necessary to obtain an order authorizing the transfer of the

representation.

(4)

The written notice to clients required by division (D)(1) and (2) of this rule shall

be provided by certified mail, return receipt requested. In lieu of providing notice by certified

mail, either the selling lawyer or purchasing lawyer, or both, may personally deliver the notice to

a client. In the case of personal delivery, the lawyer providing the notice shall obtain written

acknowledgement of the delivery from the client.

(E)

Neither the selling lawyer nor the purchasing lawyer shall attempt to exonerate the

lawyer or law firm from or limit liability to the former or prospective client for any malpractice

or other professional negligence. DR 6-102 shall be incorporated in all agreements for the sale or

purchase of a law practice. The selling lawyer or the purchasing lawyer, or both, may agree to

provide for the indemnification or other contribution arising from any claim or action in

malpractice or other professional negligence.

(F)

The selling lawyer and the purchasing lawyer shall comply with the limitations,

restrictions, or prohibitions contained in the Attorney’s Oath of Office, the Supreme Court Rules

for the Government of the Bar of Ohio, and the Code of Professional Responsibility, including

but not limited to, DR 2-103, 3-102, 4-101, and 5-105.

[Effective: February 1, 2003.]

CANON 3

A Lawyer Should Assist in Preventing the Unauthorized

Practice of Law

ETHICAL CONSIDERATIONS