Board of Professional Conduct issues advisory opinions

The Ohio Board of Professional Conduct has issued two new advisory opinions that address a lawyer’s use of a lien in a fee agreement and a lawyer’s offer or acceptance of a settlement agreement that prohibits the disclosure of a public record.

Advisory Opinion 2023-12 holds that a plaintiff’s lawyer may not include language in a contingency fee agreement that would require the client to give the lawyer a lien based on the highest settlement offer made prior to the termination of the client-lawyer relationship. The board concluded that a lien calculated on this basis could unreasonably burden or penalize the client and in some cases create an impermissible and excessive fee arrangement.

Advisory Opinion 2023-13 addresses a lawyer’s offer or acceptance of a settlement agreement that would prohibit a lawyer from disclosing the agreement or other information that constitutes a public record under state or federal law. The board reasoned that such an agreement serves as an improper restriction on a lawyer’s right to practice under the Rules of Professional Conduct, limits a lawyer’s ability to advertise and market his or her services, and interferes with the public’s right to choose lawyers with the necessary background and experience to pursue a claim.