Cleveland Law Library Weblog

National Study Examines Tenants' Rights to Counsel in Evictions

A new study entitled "A Descriptive Analysis of Tenant Right to Counsel Law and Praxis 2017–2024" that was released on Friday by multiple universities outlines tenants' rights to counsel in eviction actions. According to a Law360 article about the study, there are "only five states, 17 cities and one county" that guarantee legal representation to tenants facing eviction. Notably, Cleveland is listed as one of only a few large cities that have created Right to Counsel (RTC) programs. The article details both successes and challenges the programs face nationwide. Among other issues, the article noted that ""Even where funding was available, multiple large jurisdictions struggled to identify a pool of attorneys to staff the program," and local attorneys to be "underpaid and overburdened."

New ABA Formal Opinion on Lawyers Posting to Listservs

On May 8, 2024, the American Bar Association Standing Committee on Ethics and Professional Responsibility issued formal opinion 511 containing guidance for lawyers who request advice from their colleagues through a listserv. Specifically, the Opinion summary states that:

"Rule 1.6 prohibits a lawyer from posting questions or comments relating to a representation to a
listserv, even in hypothetical or abstract form, without the client’s informed consent if there is a
reasonable likelihood that the lawyer’s questions or comments will disclose information relating
to the representation that would allow a reader then or later to infer the identity of the lawyer’s
client or the situation involved. A lawyer may, however, participate in listserv discussions such as
those related to legal news, recent decisions, or changes in the law, without a client’s informed
consent if the lawyer’s contributions will not disclose, or be reasonably likely to lead to the
disclosure of, information relating to a client representation. "

As far as I can tell, the OHIO RULES OF PROFESSIONAL CONDUCT do not mention listserv conduct specifically, but Ohio Rule 1.6 does pertain to client confidentiality. 

Ohio Board of Professional Conduct Issues 2 Advisory Opinions

On June 8, 2018, the Ohio Board of Professional Conduct issued 2 Advisory Opinions. Opinion 2018-02 discusses the extent to which out-of-state lawyers can represent Ohio lending institutions in a temporary basis.  The Syllabus of Opinion 2018-03, which addresses settlement agreements, states that:

"A settlement agreement that prohibits a lawyer’s disclosure of information contained in a court record is an impermissible restriction on the lawyer’s right to practice. A lawyer may not participate in either the offer or acceptance of a settlement agreement that includes a prohibition on a lawyer’s disclosure of information contained in a court record. A lawyer is not required to abide by a client’s decision to settle a matter
if the settlement is conditioned on a restriction to practice and must withdraw from the representation."

Ohio Supreme Court Board of Professional Conduct Issues Advisory Opinion About Lawyers Reporting Others' Misconduct

The Ohio Supreme Court Board of Professional Conduct has issued its second Advisory Opinion (2016-2) of the year. This Advisory Opinion covers a lawyer’s duty to report unprivileged knowledge of another lawyer’s misconduct. The Syllabus of the Opinion states that:

"A lawyer is required under Prof.Cond.R. 8.3 to report any unprivileged knowledge of a violation of the Rules of Professional Conduct to the Office of Disciplinary Counsel or a bar association's certified grievance committee. A lawyer shall not reveal privileged information relating to the representation of a client, including information protected by the attorney-client privilege. Prof.Cond.R. 1.6(a). A lawyer may reveal information relating to the representation of a client if the client gives informed consent under Prof.Cond.R. 1.6."

This Opinion replaces Opinion 90-01.

The Ohio Supreme Court provides all of its Advisory Opinions on this page, with various finding tools for accessing them.

Ohio Supreme Court Board of Professional Conduct Publishes Ohio Ethics Guide on Client File Retention

The Ohio Supreme Court Board of Professional Conduct has just published its first Ethics Guide on Client File Retention. This Guide covers applicable ethical and legal obligations and discusses confidentiality of client files, retention periods, different types of documents that may be considered property of clients, client retention policies, notices to clients, file closing procedures, destruction of files, emails, digital media and cloud storage, and succession planning. The Board of Professional Conduct also plans to issue more Ethics Guides in the future on "lawyer succession planning and lawyers transitioning to the bench from private or public practice." The Ohio Supreme Court has issued a Press Release containing additional details.