Ohio Rules of Professional Conduct 1.6

[5] Except as provided in these Rules, lawyers are not permitted to give anything of value to others if they recommend the services of counsel or if they channel their professional work in a manner contrary to Rule 7.3. A communication contains a recommendation if it approves or guarantees the qualifications, aptitudes, competence, morality or other professional qualities of a lawyer. A reciprocal referral agreement between lawyers or between a lawyer and a non-lawyer is prohibited. See Rule 1.5. Rule 1.6(c) is substantially identical to Model Rule 1.6(b)(6), except that it clarifies the mandatory disclosure required by other rules. Rule 1.6(b)(3) differs from model rule 1.6(b)(3) in two ways: it deletes the words „prevent“ and „correct“ and permits disclosure to mitigate the effects of the customer`s commission of illegal (as opposed to criminal) or fraudulent activity. The fight against fraud is deleted from Rule 1.6(b)(3) as it is dealt with in Rule 4.1(b). The extension from „criminal“ to „illegal“ is consistent with the use of the term „unlawful“ in Rules 1.2(d), 1.16(b), 4.1(b), and 8.4(b), but is not found in the Model Rule or the Ohio Disciplinary Rules as an exception to confidentiality. Only two jurisdictions have included unlawful conduct as a justification for disclosure in Rule 1.6. These changes create new obligations for Ohio lawyers and set traps for the unwary. These three rules deal with scenarios that are fairly common in legal practice, and Ohio attorneys need to be aware of these new ethical statements. Rule 1.6(c) clarifies that other rules create mandatory and non-discretionary disclosure requirements. For example, Rules 3.3 and 4.1 are consistent with CD 7-102(B), which requires disclosure of customer fraud in certain circumstances.

(e) If, within thirty days of an accident or disaster resulting in a potential claim for personal injury or wrongful death, a notice is sent requesting professional employment from someone, the following „Understanding Your Rights“ will be attached to the notice. In view of the amendments discussed above, the requirements for lawyers involved in the direct recruitment of potential clients are stricter than those set out in subparagraph (c) of the model rule. Since a lawyer is unlikely to have actual knowledge (rule 1.0(g)) of a potential client`s need for legal services, the standard rule in paragraph (c) will be amended to read „* * * Recruitment of professional employment with a potential client whose lawyer has reasonable grounds to believe is in need of legal services ***“. See Rule 1.0(j). Rule 7.2(a) draws attention to Rules 7.1 and 7.3, each of which contains or deletes the wording of the rules on advertising and advertising contained in RD 2-101 to RD 2-104. Rule 7.2(b)(3) is amended to delete a reference to qualified legal mediation and to replace a reference to the provisions of the legal investment service contained in Rule XVI of the Supreme Court Rules for the Government of the Ohio Bar Association. Rule 7.2 does not contain model rule 7.2(b)(4) and therefore prohibits reciprocal referral agreements between two lawyers or between counsel and a non-lawyer. Rule 7.2(d) is added to include the prohibition on recruitment for employment contained in RD 2-101(A)(2) where the lawyer does not intend to participate in the matter but rather refers the matter to another lawyer. (a) The lawyer shall not use a trade name, letterhead or other professional title contrary to Rule 7.1.

An independent advocate may not practise under a name that is misleading as to the identity of the lawyer or lawyers practising under that name or under a corporate name containing surnames other than those of one or more lawyers of the firm, except the name of a partnership or professional association, a legal clinic, a limited liability partnership or a limited liability partnership which must bear symbols: which indicate the type of organization required by Gov. Bar R. III. Where otherwise permitted, a firm may use or continue to include in its name the surname of one or more deceased or retired members of the firm or a predecessor firm in an ongoing succession plan. Note 6 to Rule 1.1 [Jurisdiction] deals with issues relating to the engagement of another lawyer from another firm by a lawyer to assist a particular representative. The Client`s consent must be obtained prior to retention and the comment indicates that the following rules are implied: 1.2 [scope of representation]; 1.4 [Communication]; 1.6 [Confidentiality]; and 5.5 (a) [Unauthorized exercise of right]. The provisions of RD 2-102(E), which prohibit truthful statements about the actual activities and professions of a lawyer, are not included in Rule 7.5. The Code of Ethics should not prevent truthful statements about a lawyer`s professional status, other business activities or financial statements. Rule 1.6(b)(4) is new and codifies the common practice of counsel consulting with other counsel on compliance with these rules.

Rule 1.6(b)(5) continues RD 4-101(C)(4) and adds „any disciplinary matter“ to clarify the application of the rule in this situation. Rule 1.6(b)(6) is identical to RD 4-101(C)(2). (d) Before submitting a notice to a party applying for professional employment in accordance with article (c) of this Rule, a lawyer or law firm shall verify that the party has been notified of the action against that party. Service is verified by consulting the record of the court hearing the application to determine whether the postal, private or residential service was rendered perfect or whether service was effected by publication. Section (d) of this Rule does not apply to a request by a debtor to represent the debtor in potential or actual bankruptcy proceedings. 7. How to find a lawyer – If you need professional advice on a legal issue, but don`t know a lawyer, you should contact relatives, friends, neighbours, your employer, or colleagues who might be able to recommend a lawyer. Your local bar association may have a lawyer placement service, which can be found on the Yellow Pages or on the Internet. The list of items that have been authorized for inclusion in advertising is contained in RD 2-101(D). This information is not intended to be a complete description of your legal rights, but a checklist of some of the important aspects you should consider. CD 2-102(E) is an exception to CD 2-102(E) and is not necessary in light of the decision not to maintain CD 2-102(E). (2) not to refuse or refrain from making a predetermined assessment of the merits of the addressee`s case; 8.

Check a lawyer`s qualifications – Before hiring a lawyer, you have the right to know the lawyer`s background, training, and experience in handling cases similar to yours. Professional liability + disciplinary procedure. The exceptions to confidentiality in Rule 1.6(b) generally follow those in the Model Rule, although two of Ohio`s exceptions (Rule 1.6(b)(2) and (3)) allow for greater disclosure than the Model Rule allows. Commentary [4] addresses the limitations of RD 2-102(G) regarding the operation of a „legal clinic“ and the use of the designation „legal clinic“. With the exception of CD 2-102(E) and (F), Rule 7.5 is comparable to CD 2-102. 3. Your interests versus the interests of the insurance company – Your interests and those of the other person`s insurance company are in conflict. Your interests may also conflict with your own insurance company. Even if you don`t know who is to blame, you should contact your own insurance company and inform them of the incident to protect your insurance coverage. 9. How much will it cost? – When deciding whether or not to hire a particular lawyer, you should discuss this, and the lawyer`s written fee agreement should reflect the following: Rule 1.6(a) is further consistent with RD 4-101(C)(1) by excluding disclosures where the client gives „informed consent“, including situations where disclosure is „implily authorized“ by the client`s informed consent.

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