OPINION 2021- 02 Issued April 9 , 2021 Withdraws Adv. Op. 2001-03
Loan from Financial Institution to Advance Costs and Expenses of Litigation
SYLLABUS: A law firm may obtain a loan from a financial institution to advance costs and expenses of litigation in a personal injury matter accepted on a contingent fee basis. The law firm may deduct the interest, fees, and costs of the loan from a client’s settlem ent or judgment as an expense of litigation, provided certain conditions related to the lawyer’s communication with the client and written contingent fee agreements are satisfied. This nonbinding advisory opinion is issued by the Ohio Board of Professional Conduct in response to a prospective or hypothetical question regarding the application of ethics rules applicable to Ohio judges and lawyers. The Ohio Board of Professional Conduct is solely responsible for the content of t his advisory opinion, and the advice contained in this opinion does not reflect and should not be construed as reflecting the opinion of the Supreme Court of Ohio. Questions regarding this advisory opinion should be directed to the staff of the Ohio Board of Professional Conduct.
OPINION 2021-04 Issued June 11, 2021
Competitive Keyword Online Advertising
SYLLABUS: A lawyer or law firm may not purchase the name of another lawyer or law firm for use in competitive keyword online advertising.
BOARD OPINION 2021-07 Issued August 67 , 2021 Withdraws Adv. Op. 9103
Employment Agreements Regarding Division of Fees Earned Post Separation
SYLLABUS: A law firm may not require an associate to sign an employment agreement that requires the associate, upon leaving the firm, to pay the firm a percentage of fees earned thereafter from clients who have elected to remain clients of the departing associate. This nonbinding advisory opinion is issued by the Ohio Board of Professional Conduct in response to a prospective or hypothetical question regarding the application of ethics rules applicable to Ohio judges and lawyers. The Ohio Board of Professional Conduct is solely responsible for the content of this advisory opinion, and the advice contained in this opinion does not reflect and should not be construed as reflecting the opinion of the Supreme Court of Ohio. Questions regarding this advisory opinion should be directed to the staff of the Ohio Board of Professional Conduct.