Chapter 4705. ATTORNEYS
No person shall be permitted to practice as an attorney and
counselor at law, or to commence, conduct, or defend any action or proceeding
in which the person is not a party concerned, either by using or subscribing
the person's own name, or the name of another person, unless the person has
been admitted to the bar by order of the supreme court in compliance with its
prescribed and published rules. Except as provided in section
4705.09 of the Revised Code or in
rules adopted by the supreme court, admission to the bar shall entitle the
person to practice before any court or administrative tribunal without further
qualification or license. No sheriff shall practice as an attorney at law in
any court of this state, and no clerk of the supreme court or court of common
pleas, or the deputy of either, shall practice in the particular court of which
that person is clerk or deputy. No coroner in a county with a population of one
hundred seventy-five thousand one or more who elects not to engage in the
private practice of medicine pursuant to section
325.15 of the Revised Code shall
practice as an attorney at law during the period in which the coroner may not
engage in the private practice of medicine. No judge of any court of record in
this state shall engage in the practice of law during the judge's term of
office, either by appearing in court, by acting as advisory or consulting
counsel for attorneys or others, by accepting employment or acting as an
attorney, solicitor, collector, or legal advisor for any bank, corporation, or
loan or trust company, or by otherwise engaging in the practice of law in this
state, in or out of the courts, except as provided in section
1901.11 of the Revised Code. A
judge may complete any business undertaken by the judge in the United States
district court, the United States circuit court of appeals, or the supreme
court of the United States prior to the judge's election as judge.
Effective Date:
09-30-1997;
08-17-2006 .
The supreme court, court of appeals, or court of common pleas
may suspend or remove an attorney at law from office or may give private or
public reprimand to him as the nature of the offense may warrant, for
misconduct or unprofessional conduct in office involving moral turpitude, or
for conviction of a crime involving moral turpitude. Such suspension or removal
shall operate as a suspension or removal in all the courts of the state. The
clerk of court upon such suspension or removal shall send a copy thereof to the
supreme court, the court of appeals, and to the federal court of the district
in which said attorney resided at the time of trial for such action as is
warranted. Judges of such state courts are required to cause proceedings to be
instituted against an attorney, when it comes to the knowledge of any judge or
when brought to his knowledge by the bar association of the county in which
such attorney practices that he may be guilty of any of the causes for
suspension, removal, or reprimand.
Effective Date:
10-01-1953 .
| (A) |
As used in this section:
| (1) |
"Disciplinary counsel" means the disciplinary counsel appointed by the board of
commissioners on grievances and discipline of the supreme court under the Rules
for the Government of the Bar of Ohio. |
| (2) |
"Certified grievance committee" means a duly constituted and organized
committee of the Ohio state bar association or of one or more local bar
associations of the state that complies with the criteria set forth in rule V,
section 3 of the Rules for the Government of the Bar of Ohio. |
| (3) |
"Child support order" has the same meaning as in section
3119.01 of the Revised
Code. |
|
| (B) |
If an individual who has been admitted to the bar
by order of the supreme court in compliance with its published rules is
determined pursuant to sections
3123.01 to
3123.07 of the Revised Code by a
court or child support enforcement agency to be in default under a support
order being administered or handled by a child support enforcement agency, that
agency may send a notice listing the name and social security number or other
identification number of the individual and a certified copy of the court or
agency determination that the individual is in default to the secretary of the
board of commissioners on grievances and discipline of the supreme court and to
either the disciplinary counsel or the president, secretary, and chairperson of
each certified grievance committee if both of the
following are the case:
| (1) |
At least
ninety days have elapsed since the final and enforceable determination of
default; |
| (2) |
In the
preceding ninety days, the obligor has failed to pay at least fifty per cent of
the total monthly obligation due through means other than those described in
sections 3123.81 to
3123.85 of the Revised
Code. |
|
Amended by
129th General AssemblyFile No.28, HB 153,
§101.01, eff.
9/29/2011.
Effective Date: 12-13-2002
.
Before an attorney at law is suspended or removed, or publicly
or privately reprimanded, written charges must be filed against him, stating
distinctly the grounds of complaint, and a copy thereof, certified by the
clerk, under the seal of the court, served upon him. After such service, such
attorney shall be allowed a reasonable time to collect and present testimony in
his own defense, and he shall be heard by himself or counsel.
Effective Date:
10-01-1953 .
In case of suspension or removal of an attorney at law by the
court of common pleas, an appeal on questions of law may be had to the court of
appeals, and the sentence of either the court of common pleas or the court of
appeals, may be reviewed on appeal on questions of law in the supreme court. If
such suspended or removed attorney shall desire a modification of the decree of
suspension or removal, he shall file a written motion therefor in the court
which entered such decree.
Effective Date:
10-01-1953 .
The court in which charges or written motion is filed in
accordance with sections
4705.03 and
4705.04 of the Revised Code, shall
allow to the persons appointed to file and prosecute the charges, or to resist
the modification of any decrees, for their services in either case, a
reasonable sum, not exceeding one hundred dollars, to each person, together
with the costs and expenses incurred by him in such proceedings. The amounts
allowed shall be paid from the county treasury of the county wherein such
proceedings are had, upon the warrant of the county auditor. If such charges or
motion is filed in the supreme court, such allowances shall be paid from the
state treasury.
Effective Date:
10-01-1953 .
If a suit is dismissed for the nonattendance of an attorney at
law practicing in any court of record, it shall be at his costs, if he has not
a just and reasonable excuse. He shall be liable for all damages his client
sustains by such dismissal, or any other neglect of his duty, to be recovered
in any court of record. Such attorney receiving money for his client, and
refusing or neglecting to pay it when demanded, shall be proceeded against in a
summary way, on motion, before any court of record, either in the county in
which the judgment on which such money has been collected was rendered, or in
the county in which such attorney resides, in the same manner and be liable to
the same penalties as sheriffs and coroners are for money received on
execution.
Effective Date:
10-01-1953 .
| (A) |
No person
who is not licensed to practice law in this state shall do any of the
following:
| (1) |
Hold that person out in any
manner as an attorney at law; |
| (2) |
Represent that person orally or in writing, directly or indirectly, as being
authorized to practice law; |
| (3) |
Commit any act that is prohibited by the supreme court as being the
unauthorized practice of law. |
|
| (B) |
| (1) |
The use of
"lawyer," "attorney at law," "counselor at law," "law," "law office," or other
equivalent words by any person who is not licensed to practice law, in
connection with that person's own name, or any sign, advertisement, card,
letterhead, circular, or other writing, document, or design, the evident
purpose of which is to induce others to believe that person to be an attorney,
constitutes holding out within the meaning of division (A)(1) of this section.
|
| (2) |
Only the supreme court may
make a determination that any person has committed the unauthorized practice of
law in violation of division (A)(3) of this section. |
|
| (C) |
| (1) |
If necessary to serve the public interest and consistent with the rules of the
supreme court, any person who is authorized to bring a claim before the supreme
court that alleges the unauthorized practice of law in violation of division
(A)(3) of this section may make a motion to the supreme court to seek interim
relief prior to the final resolution of the person's claim. |
| (2) |
Any person who is damaged by another
person who commits a violation of division (A)(3) of this section may commence
a civil action to recover actual damages from the person who commits the
violation, upon a finding by the supreme court that the other person has
committed an act that is prohibited by the supreme court as being the
unauthorized practice of law in violation of that division. The court in which
that action for damages is commenced is bound by the determination of the
supreme court regarding the unauthorized practice of law and shall not make any
additional determinations regarding the unauthorized practice of law. The court
in which the action for damages is commenced shall consider all of the
following in awarding damages to a person under division (C)(2) of this
section:
| (a) |
The extent to which the fee paid
for the services that constitute the unauthorized practice of law in violation
of division (A)(3) of this section exceeds the reasonable fees charged by
licensed attorneys in the area in which the violation occurred; |
| (b) |
The costs incurred in paying for legal
advice to correct any inadequacies in the services that constitute the
unauthorized practice of law in violation of division (A)(3) of this section;
|
| (c) |
Any other damages proximately
caused by the failure of the person performing the services that constitute the
unauthorized practice of law to have the license to practice law in this state
that is required to perform the services; |
| (d) |
Any reasonable attorney's fees that are
incurred in bringing the civil action under division (C)(1) or (2) of this
section. |
|
| (3) |
Divisions
(C)(1) and (2) of this section apply, and may be utilized, only regarding acts
that are the unauthorized practice of law in violation of division (A)(3) of
this section and that occur on or after the effective date of this amendment.
|
|
Effective Date:
09-30-1997;
09-15-2004 .
Effective Date:
07-01-1996 .
| (A) |
| (1) |
Any person admitted to the practice of law in
this state by order of the supreme court in accordance with its prescribed and
published rules, or any law firm or legal professional association, may
establish and maintain an interest-bearing trust account, for purposes of
depositing client funds held by the attorney, firm, or association that are
nominal in amount or are to be held by the attorney, firm, or association for a
short period of time, with any bank, savings bank, or savings and loan
association that is authorized to do business in this state and is insured by
the federal deposit insurance corporation or the successor to that corporation,
or any credit union insured by the national credit union administration
operating under the "Federal Credit Union Act," 84 Stat. 994 (1970), 12
U.S.C. 1751, or insured by a credit union share
guaranty corporation established under Chapter 1761. of the Revised Code. Each
account established under this division shall be in the name of the attorney,
firm, or association that established and is maintaining it and shall be
identified as an IOLTA or an interest on lawyer's trust account. The name of
the account may contain additional identifying features to distinguish it from
other trust accounts established and maintained by the attorney, firm, or
association.
|
| (2) |
Each attorney who receives funds belonging to a client shall do one of the
following:
| (a) |
Establish
and maintain one or more interest-bearing trust accounts in accordance with
division (A)(1) of this section or maintain one or more interest-bearing trust
accounts previously established in accordance with that division, and deposit
all client funds held that are nominal in amount or are to be held by the
attorney for a short period of time in the account or accounts; |
| (b) |
If
the attorney is affiliated with a law firm or legal professional association,
comply with division (A)(2)(a) of this section or deposit all client funds held
that are nominal in amount or are to be held by the attorney for a short period
of time in one or more interest-bearing trust accounts established and
maintained by the firm or association in accordance with division (A)(1) of
this section. |
|
| (3) |
No
funds belonging to any attorney, firm, or legal professional association shall
be deposited in any interest-bearing trust account established under division
(A)(1) or (2) of this section, except that funds sufficient to pay or enable a
waiver of depository institution service charges on the account shall be
deposited in the account and other funds belonging to the attorney, firm, or
association may be deposited as authorized by the Code of Professional
Responsibility adopted by the supreme court. The determinations of whether
funds held are nominal or more than nominal in amount and of whether funds are
to be held for a short period or longer than a short period of time rests in
the sound judgment of the particular attorney. No imputation of professional
misconduct shall arise from the attorney's exercise of judgment in these
matters. |
|
| (B) |
All interest
earned on funds deposited in an interest-bearing trust account established
under division (A)(1) or (2) of this section shall be transmitted to the
treasurer of state for deposit in the legal aid fund established under section
120.52 of the
Revised Code. No part of the interest earned on funds deposited in an
interest-bearing trust account established under division (A)(1) or (2) of this
section shall be paid to, or inure to the benefit of, the attorney, the
attorney's law firm or legal professional association, the client or other
person who owns or has a beneficial ownership of the funds deposited, or any
other person other than in accordance with this section, section
4705.10,
and sections
120.51
to
120.55
of the Revised Code. |
| (C) |
No liability
arising out of any act or omission by any attorney, law firm, or legal
professional association with respect to any interest-bearing trust account
established under division (A)(1) or (2) of this section shall be imputed to
the depository institution. |
| (D) |
The
supreme court may adopt and enforce rules of professional conduct that pertain
to the use, by attorneys, law firms, or legal professional associations, of
interest-bearing trust accounts established under division (A)(1) or (2) of
this section, and that pertain to the enforcement of division (A)(2) of this
section. Any rules adopted by the supreme court under this authority shall
conform to the provisions of this section, section
4705.10,
and sections
120.51
to
120.55
of the Revised Code. |
Amended by
132nd General Assembly File No. TBD, HB 595, §1,
eff. 3/22/2019.
Amended by
132nd General Assembly File No. TBD, HB 223, §1,
eff. 3/23/2018.
Effective Date:
09-29-1995;
10-01-2005;
04-14-2005 .
| (A) |
All of
the following apply to an interest-bearing trust account established under
authority of section
4705.09
of the Revised Code:
| (1) |
All
funds in the account shall be subject to withdrawal upon request and without
delay, or as soon as is permitted by federal law; |
| (2) |
The
rate of interest payable on the account shall not be less than the rate paid by
the depository institution to regular, nonattorney depositors. Higher rates
offered by the institution to customers whose deposits exceed certain time or
quantity qualifications, such as those offered in the form of certificates of
deposit, may be obtained by a person or law firm establishing the account if
there is no impairment of the right to withdraw or transfer principal
immediately. |
| (3) |
The
depository institution shall be directed, by the person or law firm
establishing the account, to do all of the following:
| (a) |
Remit
interest or dividends, whichever is applicable, on the average monthly balance
in the account or as otherwise computed in accordance with the institution's
standard accounting practice, less reasonable service charges, to the treasurer
of state at least quarterly for deposit in the legal aid fund established under
section
120.52 of the
Revised Code; |
| (b) |
Transmit to the treasurer of state, upon its request, to the Ohio
access to justice foundation, and the depositing
attorney, law firm, or legal professional association upon the attorney's,
firm's, or association's request, at the time of each remittance required by
division (A)(3)(a) of this section, a statement showing the name of the
attorney for whom or the law firm or legal professional association for which
the remittance is sent, the rate of interest applied, the accounting period,
the net amount remitted to the treasurer of state for each account, the total
remitted, the average account balance for each month of the period for which
the report is made, and the amount deducted for service charges; |
|
| (4) |
The
depository institution shall notify the office of disciplinary counsel or other
entity designated by the supreme court on each occasion when a properly payable
instrument is presented for payment from the account, and the account contains
insufficient funds. The depository institution shall provide this notice
without regard to whether the instrument is honored by the depository
institution. The depository institution shall provide the notice described in
division (A)(4) of this section by electronic or other means within five
banking days of the date that the instrument was honored or returned as
dishonored. The notice shall contain all of the following:
| (a) |
The
name and address of the depository institution; |
| (b) |
The
name and address of the lawyer, law firm, or legal professional association
that maintains the account; |
| (c) |
The
account number and either the amount of the overdraft and the date issued or
the amount of the dishonored instrument and the date returned. |
|
|
| (B) |
| (1) |
The
statements and reports of individual depositor information made under divisions
(A)(3) and (4) of this section are confidential and shall be used only for
purposes of administering the legal aid fund and for enforcement of the rules
of professional conduct adopted by the supreme court. |
| (2) |
A
depository institution may charge the lawyer, law firm, or legal professional
association that maintains the account with fees associated with producing and
mailing a notice required by division (A)(4) of this section but shall not
deduct such fees from the interest earned on the account. |
|
Amended by
133rd General Assembly File No. TBD, HB 166, §101.01, eff.
10/17/2019.
Effective Date:
09-29-1995;
10-21-2005 .
| (A) |
As used in
this section:
| (1) |
"Contingent fee agreement"
means an agreement for the provision of legal services by an attorney under
which the compensation of the attorney is contingent, in whole or in part, upon
a judgment being rendered in favor of or a settlement being obtained for the
client and is either a fixed amount or an amount to be determined by a
specified formula, including, but not limited to, a percentage of any judgment
rendered in favor of or settlement obtained for the client. |
| (2) |
"Tort action" means a civil action for
damages for injury, death, or loss to person or property. "Tort action"
includes a product liability claim that is subject to sections
2307.71 to
2307.80 of the Revised Code, but
does not include a civil action for damages for a breach of contract or another
agreement between persons. |
|
| (B) |
If an attorney and a client contract for the
provision of legal services in connection with a claim that is or may become
the basis of a tort action and if the contract includes a contingent fee
agreement, that agreement shall be reduced to writing and signed by the
attorney and the client. The attorney shall provide a copy of the signed
writing to the client. |
| (C) |
If an
attorney represents a client in connection with a claim as described in
division (B) of this section, if their contract for the provision of legal
services includes a contingent fee agreement, and if the attorney becomes
entitled to compensation under that agreement, the attorney shall prepare a
signed closing statement and shall provide the client with that statement at
the time of or prior to the receipt of compensation under that agreement. The
closing statement shall specify the manner in which the compensation of the
attorney was determined under that agreement, any costs and expenses deducted
by the attorney from the judgment or settlement involved, any proposed division
of the attorney's fees, costs, and expenses with referring or associated
counsel, and any other information that the attorney considers appropriate.
|
Effective Date:
01-05-1988 .
Whoever violates division (A)(1) or (2) of section
4705.07 of the Revised Code is
guilty of a misdemeanor of the first degree.
Effective Date:
09-30-1997;
09-15-2004 .