Ohio Board Advisory Opinion Op 87-004

The Supreme Court of Ohio
BOARD OF COMMISSIONERS ON GRIEVANCES AND DISCIPLINE
41 SOUTH HIGH STREET-SUITE 3370, COLUMBUS, OH 43215-6105
(614) 644-5800 FAX: (614) 644-5804
OFFICE OF SECRETARY
OPINION 87-004
October 16, 1987
[CPR Opinion-provides advice under the Ohio Code of Professional Responsibility which is superseded by the Ohio
Rules of Professional Conduct, eff. 2/1/2007.]
[Not current-subsequent rule amendments to DR 2-107, eff. Aug. 1, 1990].
SYLLABUS: A lawyer may announce his or her availability to act as a consultant to, or associate
of other lawyers, provided the announcement complies with the Code of Professional
Responsibility.
OPINION: We have before us your request for our opinion on whether it is ethically proper for
an attorney to send an announcement that he or she is available to act as an associate of other
lawyers in a particular branch of the law. Your proposed letter of announcement states:
"Dear (Fellow Attorneys):
I am available to act as an associate of your office in the representation of clients
with Workers' Compensation Claims.
Located in downtown Cleveland near the State Office Building, I can work on
claims which may be unprofitable for you to handle yourself.
Full disclosure of division of attorney fees will be made to your client. I will be
calling you shortly to see if you have any interest in referring these cases."
Under DR 2-105 (A) (3) of the Code of Professional Responsibility a lawyer is permitted to
announce his availability to other lawyers to act as their consultant or as an associate for their law
practice. Therefore, if your letter is dignified, true and accurate, then you

Op. 87-004 2
will be in compliance with the Code. Bear in mind, however, that the Code discourages
announcing any special competence or experience in EC 2-13, and referral fees are prohibited in
DR 2-103(B).
In regard to the division of attorneys' fees, DR 2-107 allows an attorney to divide fees with
another attorney if the client, after full disclosure, consents to the arrangement. In addition, any fee
division between lawyers should be commensurate with the services performed and responsibility
assumed by each. EC 2-21.
Finally, the last paragraph of your announcement letter indicates a follow-up call will be
made by you shortly after receipt of the letter. Although the Code does not address this specific
issue, we advise against any follow-up communication on your part or any reference to it in the
announcement letter. See e.g., Committee on Ethics, Maryland State Bar Association, Opinion No.
84-104 (1984). It is our belief that no follow-up communication should be made unless the
recipient responds positively to the first, written announcement.
In conclusion, it is our opinion, and you are so advised, that a lawyer may send a letter to
other lawyers announcing his or her availability to act as a consultant or an associate in a particular
branch of the law provided such an announcement adheres to the restrictions set forth above.
This is an informal, non-binding advisory opinion, based upon the facts as presented
and limited to questions arising under the Code of Professional Responsibility. This Opinion
does not constitute the approval or endorsement of the text of the proposed letter contained
herein.
JAMES W. MASON, Esq.
Secretary
Board of Commissioners
On Grievances and Discipline