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

> Ohio · Court rules · Superseded

URL: https://www.frixlaw.com/law-library/statutes/SRULES_OH_PROFRESP_EC_R2_32

## Section

- **Citation:** Ohio EC 2-32
- **Heading:** EC 2-32. As a party of the legal profession's commitment to the principle that high quality legal
- **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- **Status:** Superseded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 (Ethical Considerations) / Ohio EC 2-32

## Text

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

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SRULES_OH_PROFRESP_EC_R2_32. Check the current official text before relying on it. Not legal advice.
