Ohio Supreme Court Grievance/Disciplinary Opinion

The Ohio Supreme Court Board of Commissioners on Grievances & Discipline last week issued an opinion stating:

SYLLABUS: It is improper for a plaintiff’s lawyer to personally agree, as a condition of settlement, to indemnify the opposing party from any and all claims by third persons to the settlement funds. Such agreements are not authorized by Prof. Cond. Rule 1.15(d) and violate Prof. Cond. Rules 1.8(e) and 1.7(a)(2). Further, it is improper for a lawyer to propose or require, as a condition of settlement, that a plaintiff’s lawyer make a personal agreement to indemnify the opposing party from any and all claims by third persons to the settlement funds. Such conduct violates Prof. Cond. Rule 8.4(a). The Board recommends that this advisory opinion be prospective in application. (Opinion 2011-1)

A complete collection of the Board's advisory opinions, a subject index, and an advisory opinion status list are available ( Here )