Ethics Advisory Opinions
The CMBA has been issuing opinions since 1949. Opinions issued before 1986 are available upon request. Members may also request in writing that the Committee use their ethics questions as the basis for formal opinions. The Committee may accept or decline requests. Formal opinions take several months before they are issued. Please contact Heather Zirke, Bar Counsel, with any questions.
Advisory Opinions of the CMBA's Ethics and Professionalism Committee are informal, nonbinding opinions in response to prospective or hypothetical questions regarding a lawyer's ethical and professional obligations. It is always suggested that members supplement these opinions with their own research. The opinions should be considered as information that may factor into one's own analysis and independent decision-making. Also, the Ohio Code of Professional Responsibility (CPR) was superseded by the Rules of Professional Conduct (RPC) on February 1, 2007. Where there are references to the former CPR, be sure to look up the corresponding rules in the current RPC.
Opinion 2011-1 (undated): Conflicts of interest; Lawyer-client relationship; Corporate representation; Misconduct; Waivers; Independent professional judgment.
Opinion 94-2 (9/8/94): Conflicts of interest; Multiple representation; Confidentiality; Disclosure of fraud.
Opinion 94-1 (6/1/94): Confidentiality; Disclosure of client identity; Tax audits; Subpoenas.
Opinion 92-2 (7/17/92): Confidentiality; Divorce; Decision-making authority of client.
Opinion 92-1 (4/30/92): Judges; Relatives.
Opinion 90-3 (1/18/91): Business activities; Collections.
Opinion 90-2 (5/23/90): Referral services; Non-lawyers.
Opinion 90-1 (8/31/90): Law firms; Professional Corporations.
Opinion 89-6 (3/30/90): Advertising; Former government lawyers.
Opinion 89-5 (2/23/90): Withdrawal from law firm; Advertising; Announcements.
Opinion 89-4 (3/30/90): Advertising; Television; Lawyer referral services.
Opinion 89-3 (undated): Disabled client.
Opinion 89-2 (11/17/89): Confidentiality; Disclosure of fraud; Candor toward the tribunal.
Opinion 89-1 (8/25/89): Letterhead; Business cards; Employees of lawyers.
Opinion 87-3 (3/29/88): Client funds.
Opinion 87-2 (11/23/87): Advertising; Mailing; Prepaid legal services.
Opinion 87-1 (7/31/87): Non-lawyers; Consulting services; Referrals.
Opinion 86-5 (12/19/86): Conflicts of interest; Multiple representation; Disabled client.
Opinion 86-4 (11/26/86): Judge representing client; Conflicts of interest; Appearance of impropriety.
Opinion 86-3 (8/26/86): Referrals; Division of fees with non-lawyers; Solicitation.
Opinion 86-2 (7/25/86): Confidentiality; Criminal representation.