EC 9-6. Every lawyer owes a solemn duty to uphold the integrity and honor of his profession;

to encourage respect for the law and for the courts and the judges thereof; to observe the Code of

Professional Responsibility; to act as a member of a learned profession, one dedicated to public

service; to cooperate with his brother lawyers in supporting the organized bar through the

devoting of his time, efforts, and financial support as his professional standing and ability

reasonably permit; to conduct himself so as to reflect credit on the legal profession and to inspire

the confidence, respect, and trust of his clients and of the public; and to strive to avoid not only

professional impropriety but also the appearance of impropriety.

DISCIPLINARY RULES

DR 9-101. AVOIDING EVEN THE APPEARANCE OF IMPROPRIETY.

A lawyer shall not accept private employment in a matter upon the merits of

which he has acted in a judicial capacity.

(B)

A lawyer shall not accept private employment in a matter in which he had

substantial responsibility while he was a public employee.

(C)

A lawyer shall not state or imply that he is able to influence improperly or upon

irrelevant grounds any tribunal, legislative body, or public official.

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

All funds of clients paid to a lawyer or law firm, other than advances for costs and

expenses, shall be deposited in one or more identifiable bank accounts maintained in the state in

which the law office is situated and no funds belonging to the lawyer or law firm shall be

deposited therein except as follows:

(1)

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

(2)

Funds belonging in part to a client and in part presently or potentially to the

lawyer or law firm must be deposited therein, but the portion belonging to the lawyer or law firm

may be withdrawn when due unless the right of the lawyer or law firm to receive it is disputed by

the client, in which event the disputed portion shall not be withdrawn until the dispute is finally

resolved.

(B)

A lawyer shall:

ng in part to a client and in part presently or potentially to the

lawyer or law firm must be deposited therein, but the portion belonging to the lawyer or law firm

may be withdrawn when due unless the right of the lawyer or law firm to receive it is disputed by

the client, in which event the disputed portion shall not be withdrawn until the dispute is finally

resolved.

(B)

A lawyer shall:

(1)

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

(2)

Identify and label securities and properties of a client promptly upon receipt and

place them in a safe deposit box or other place of safekeeping as soon as practicable.

(3)

Maintain complete records of all funds, securities, and other properties of a client

coming into the possession of the lawyer and render appropriate accounts to his client regarding

them.

(4)

Promptly pay or deliver to the client as requested by a client the funds, securities,

or other properties in the possession of the lawyer which the client is entitled to receive.

(C)

A lawyer, law firm, or estate of a deceased lawyer who sells a law practice shall

transfer all funds held pursuant to DR 9-102(A) to the lawyer or law firm purchasing the law

practice at the time client files are transferred.

(D)

Nothing in the Code of Professional Responsibility shall be interpreted to prohibit

compliance by a lawyer, a law firm, or an ancillary business related to the practice of law in

which the lawyer is a principal with the provisions of sections 3953.231, 4705.09, and 4705.10 of

the Revised Code and any rules adopted by the Ohio Legal Assistance Foundation pursuant to

section 120.52 of the Revised Code.

(E)

No lawyer, law firm, or ancillary business related to the practice of law shall fail

to do any of the following:

cillary business related to the practice of law in

which the lawyer is a principal with the provisions of sections 3953.231, 4705.09, and 4705.10 of

the Revised Code and any rules adopted by the Ohio Legal Assistance Foundation pursuant to

section 120.52 of the Revised Code.

(E)

No lawyer, law firm, or ancillary business related to the practice of law shall fail

to do any of the following:

(1)

Maintain funds of clients or third persons in an interest-bearing trust account that

is established in an eligible depository institution as required by sections 3953.231, 4705.09, and

4705.10 of the Revised Code or any rules adopted by the Ohio Legal Assistance Foundation

pursuant to section 120.52 of the Revised Code;

(2)

Notify the Ohio Legal Assistance Foundation, in a manner required by rules

adopted by the Ohio Legal Assistance Foundation pursuant to section 120.52 of the Revised

Code, of the existence of an interest-bearing trust account;

(3)

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

DEFINITIONS*

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

(1)

“Differing interests” include every interest that will adversely affect either the

judgment or the loyalty of a lawyer to a client, whether it be a conflicting, inconsistent, diverse,

or other interest.

(2)

“Law firm” includes a legal professional association, corporation, legal clinic,

limited liability company, registered partnership, or any other organization under which a lawyer

may engage in the practice of law pursuant to the Supreme Court Rules for the Government of

the Bar of Ohio.

(3)

“Person” includes a corporation, an association, a trust, a partnership, and any

other organization or legal entity.

(4)

“Professional legal corporation” means a corporation, or an association treated as

a corporation, authorized by law to practice law for profit.

ch a lawyer

may engage in the practice of law pursuant to the Supreme Court Rules for the Government of

the Bar of Ohio.

(3)

“Person” includes a corporation, an association, a trust, a partnership, and any

other organization or legal entity.

(4)

“Professional legal corporation” means a corporation, or an association treated as

a corporation, authorized by law to practice law for profit.

(5)

“State” includes the District of Columbia, Puerto Rico, and other federal

territories and possessions.

(6)

“Tribunal” includes all courts and all other adjudicatory bodies.

(7)

“A Bar association” includes a bar association of specialists as referred to in DR

2-105(A)(1) or (4).

(8)

“Qualified legal assistance organization” means an office or organization of one

of the four types listed in DR 2-103(D)(1)-(4), inclusive that meets all the requirements thereof.

(9)

“Ancillary business related to the practice of law” includes, but is not limited to, a

title insurance company that is owned, operated, or owned and operated by a lawyer or law firm

and that is subject to section 3953.231 of the Revised Code.

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

[Effective: October 5, 1970; amended effective October 20, 1975; June 11, 1979;

November 1, 2002.]