One of our patrons brought to our attention the Ohio Supreme Court's Board of Commissioners on Grievances & Discipline finding in an advisory opinion issued last week that a legal, but secret, recording of a conversation by a lawyer is not inherently unethical, basing its new approach on the American Bar Association's (ABA) reversing its position on the issue back in 2001, case law from Ohio and other states, and a "diminished expectation of privacy given advances in technology." [ ABA formal opinion 01-422 ]
Opinion 2012-1 centers on Rule 8.4 (c) (conduct involving dishonesty, fraud, deceit, or misrepresentation) of the Ohio Rules of Professional Conduct. A previous advisory opinion issued on the topic (Opinion 97-3 ) has been withdrawn finding the action to have been misconduct.
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One of our patrons brought to our attention the Ohio Supreme Court's Board of Commissioners on Grievances & Discipline finding in an advisory opinion issued last week that a legal, but secret,
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