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October 21, 2011

Advisory Opinion Answers Multijurisdictional Practice Question

Out-of-state debt settlement lawyers are not authorized to provide legal services on a temporary basis to Ohio clients, according to a Supreme Court of Ohio Board of Commissioners on Grievances & Discipline advisory opinion.

It is the first time the board has addressed Professional Conduct Rule 5.5 (Unauthorized practice of law; multijurisdictional practice of law), which took effect in 2007.

Section (c) of the rule contains “safe harbors” that permit an out-of-state lawyer to provide legal services in Ohio temporarily.

Opinion 2011-2 applies the “reasonable relationship” factors found in the comments to Rule 5.5. A copy of the opinion is available at the Supreme Court website.