New advisory opinions on lawyer advertising and preserving client funds were issued on December 2, 2005, by the Board of Commissioners on Grievances and Discipline.
Opinion 2005-09 prohibits lawyers from using discount coupons: "A lawyer may not advertise legal services with coupons for free consultation or dollars off the cost of legal services. Advertising legal services with fee coupons is a characterization of the fees as “discount” or “special” and does not comply with DR 2-101(A)(5)." The opinion does not restrict advertisement of fees and charges that comply with DR 2-101(B).
Opinion 2005-10 discusses whether a lawyer violates DR 9-102(A) and (B) by reporting client funds as "unclaimed" pursuant to Ohio Revised Code Chapter 169: Unclaimed Funds when the client's whereabouts are unknown. The opinion says that "An attorney does not violate the ethical duty to preserve a client’s funds under DR 9-102(A) and the ethical duty to promptly deliver funds to a client under DR 9-102(B)(4) by reporting “unclaimed funds” pursuant to R.C. Chapter 169, so long as the attorney has diligently tried to contact the client at the last known address and the client’s whereabouts are unknown."
Thursday, December 08, 2005
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