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Court
News Ohio
Lawyers
Working for Multiple Firms
Permissible
By Bret Crow
April 12, 2013
Board
of Commissioners on
Grievances & Discipline changed perspective on lawyers
practicing with more
than one firm in Ohio at the same time.
The
Ohio Supreme Court Board of
Commissioners on Grievances & Discipline no longer advises that
a lawyer
may not practice with more than one firm in Ohio at the same time,
according to
an advisory opinion.
Finding
“substantial justification
for a new perspective on practice in multiple firms” and considering
“the
context of current rules and modern practice,” the board concluded in
Opinion
2013-1 that practice in multiple firms can occur in compliance with the
Rules
of Professional Conduct.
The
board withdrew three previous
advisory opinions on the issue. The reasoning behind the update
includes, among
other things, the fact that other jurisdictions have ruled that the
practice is
permissible, an expanded definition of “firm,” and financial
considerations for
lawyers in smaller communities who work more than one part-time job.
The
opinion’s syllabus gives the
following guidance.
“A
lawyer who engages in
simultaneous practice in multiple firms must recognize the potential
ethical
issues connected with such practice. The lawyer has to be diligent in
avoiding
conflicts of interest, and the imputation of conflicts will apply
across all
associated ‘firms.’ The lawyer is also required to scrupulously
maintain client
confidentiality and professional independence. As part of the lawyer’s
duty to
refrain from false, misleading, or nonverifiable communications about
the
lawyer or the lawyer’s services, the lawyer must inform his or her
clients of
all multiple firm associations.”
Advisory
Opinions of the Board of
Commissioners on Grievances and Discipline are informal, nonbinding
opinions in
response to prospective or hypothetical questions regarding the
application of
the Supreme Court Rules for the Government of the Bar of Ohio, the
Supreme
Court Rules for the Government of the Judiciary, the Ohio Rules of
Professional
Conduct, the Ohio Code of Judicial Conduct, and the Attorney’s Oath of
Office.
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