Page 6 - November December CBA Report

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continuous presence” in Ohio, provided the following conditions are met:
• The legal services at issue are autho- rized by the attorney’s licensing jurisdiction;
• The lawyer does not solicit business in Ohio, accept clients for represen- tation in Ohio, or appear before Ohio tribunals (other than pro hac vice practice);
• The lawyer does not “state, imply, or hold himself or herself out as an Ohio lawyer or as being admitted to prac- tice law in Ohio”; and
• The lawyer complies with the Ohio Rules of Professional Conduct regarding professional independence (Rule 5.4), communications about legal services (Rule 7.1), and firm names and letterheads (Rule 7.5).
Thus, the mere fact of an Ohio address no longer prevents the New York attorney in the first example above from continuing to serve New York clients in New York proceedings.
New Rule 5.5 also includes a common- sense requirement that attorneys and their firms actively note any jurisdic- tional limitations: “If any Ohio presence is indicated on any lawyer or law firm materials available for public view, such as the lawyer’s letterhead, business cards, website, advertising materials, fee agree- ment, or office signage, the lawyer and the law firm should affirmatively state the lawyer is not admitted to practice law in Ohio.”
With these amendments, the Supreme Court of Ohio has made a welcome change for our profession and our overall economy. Attorneys with practices in other jurisdictions may now choose to live and work in Ohio under clear guidelines that allow them to continue serving their clients outside the state.
Flamm is a partner in the Employment & Labor Relations practice group at Taft Stettinius & Hollister LLP. In July 2018, he argued on behalf of the Cincinnati Bar Association as relator in In re Application of Jones, 2018-Ohio-4182.
Ethical Quandary?
The CBA is proud to offer ethical guidance to Greater Cincinnati attorneys through our Ethics Committee's hotline.
November
James D. Houston 698-5048 Beth A. Bryan 357-9617
December
Michael J. Bronson 977-8654 Carl J. Stich, Jr. 241-3685
The members of the CBA Ethics & Professional
Responsibility Committee listed above are available to help you interpret your obligations under the Ohio Rules of Professional Conduct. Questions posed should be framed hypothetically and should relate to your own prospective conduct. The committee also accepts requests for written opinions.
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6 l November/December 2021 CBA REPORT
www.CincyBar.org