Ohio Board Advisory Opinion Op 90-015

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 90-15
Issued August 17, 1990
[CPR Opinion-provides advice under the Ohio Code of Professional Responsibility which is superseded by the Ohio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.]
SYLLABUS: A lawyer acting as an arbitrator in a labor dispute is subject to the Code of
Professional Responsibility even though he or she may also be subject to the Code of Professional
Responsibility for Arbitrators of Labor-Management Disputes.
OPINION: We have before us your request on whether a person acting as an arbitrator in labor
disputes, who is also licensed to practice law in Ohio, is subject to discipline under Ohio's Code of
Professional Responsibility for unethical conduct while acting as an arbitrator in those labor
disputes. Arbitrators who are members of the National Academy of Arbitrators, American
Arbitration Association or the Federal Mediation and Conciliation Service are subject to the Code
of Professional Responsibility for Arbitrators of Labor-Management Disputes.
A lawyer is subject to professional discipline for conduct that the lawyer engaged in outside his or
her role as a lawyer. Wolfram, Modern Legal Ethics 97 (West, 1986). Conduct, in this case as an
arbitrator, that suggests the lawyer is incapable of practicing law honestly and competently must be
examined. Id. Moreover, Disciplinary Rule 1-102 (A) (6) prohibits a lawyer from engaging in
conduct that adversely reflects on his or her fitness to practice law. Therefore, an arbitrator in labor
disputes, who is a lawyer admitted in Ohio, is subject to the Code of Professional Responsibility as
adopted by the Ohio Supreme Court.
In conclusion, it is our opinion and you are so advised that a lawyer who serves as an arbitrator in
labor disputes is amenable to the Code of Professional Responsibility even when the arbitrator is
subject to the Code of Professional Responsibility for Arbitrators of Labor-Management Disputes.
This is an informal, non-binding advisory opinion limited to the questions presented and
based upon the Code of Professional Responsibility.