NEW BOARD OPINIONS
The Ohio Board of Professional Conduct issued Advisory Opinions 2023-09, 2023-10, and 2023-11 on October 6, 2023.
A complete searchable collection of the Board’s advisory opinions, a subject index, and an advisory opinion status list are available here.
Opinion 2023-09
Opposing Counsel’s Preparation of Application to Settle a Minor’s Claim
A lawyer representing a tortfeasor may prepare the application to settle a minor’s claim in probate court when the plaintiff minor and the minor’s parents/guardians are unrepresented by counsel. The lawyer should inform the minor and the minor’s parents in writing that the lawyer is retained by the tortfeasor, that the lawyer does not represent the minor or parents/guardians, that the lawyer prepared the requisite court forms, and that the minor and parent/guardian have the right to secure their own independent counsel. The lawyer must make the same disclosures when appearing before the probate court. A lawyer representing a tortfeasor may not give legal advice to an unrepresented plaintiff minor or the minor’s parents.
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Opinion 2023-10
Lawyer’s Obligation When Letter of Protection Issued to Medical Services Provider
A lawyer, with a client’s consent, may prepare a letter of protection that guarantees that proceeds from a future settlement or judgment will be withheld to pay a medical services provider. A lawyer may decline to follow a client’s instruction not to pay medical care providers from proceeds obtained by settlement or award when the client entered into a written agreement to pay the provider from the proceeds through a letter of protection. A lawyer must hold disputed funds involving two or more persons with a lawful interest in the funds in a lawyer’s trust account until the dispute is resolved.
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Opinion 2023-11
Nonlawyer Employee Bonus Plan
A lawyer may not pay a bonus to a nonlawyer staff member based solely on the staff member receiving a positive online review. The Board recommends that the holding in this opinion be applied prospectively.
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