Ohio Board Advisory Opinion Op 89-008

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 89-08
Issued April 14, 1989
[CPR Opinion-provides advice under the Ohio Code of Professional Responsibility which is superseded by the Ohio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 2-103, eff. Jul. 1, 1996.]
SYLLABUS: DR 2-103 (D) (4) permits a lawyer or law firm to participate in a legal service plan
to offer a free consultation and discounted legal fees to members of various teachers' associations.
An attorney-client relationship must exist between a specific client and the attorney and not
between the teachers' association and the attorney.
OPINION: We have before us your request for an advisory opinion on whether your law firm may
participate in a legal service plan with various teachers' associations. You propose to offer legal
services at a reduced fee to members of the teachers' associations. You state that your law firm
would neither receive any money from the teachers' associations nor pay any money to effect the
plan. In addition to a discount for legal services, including a free initial consultation, your law firm
would like to write articles for the teachers' associations' newsletter on legal topics of interest to
teachers.
Although we do not specifically approve particular legal service plans, the type of plan you propose
is permitted under DR 2-103 (D) (4) of the Code of Professional Responsibility. That Code
provision covers all types of legal service plans and therefore parts of DR 2-103 (D) (4) may not
apply to your situation. All legal service plans have a filing requirement under DR 2-103 (D)(4)(g)
of the Code of Professional Responsibility.
The legal service plan you propose is commonly referred to as a consultation plan and is the most
common form of group legal service plan. Wolfram, Modern Legal Ethics 903 (1986). In fact,
groups which benefit under such plans include employee groups, and especially teachers'
associations. Id.
In regard to writing articles for the associations' newsletter, this is not prohibited under the Code of
Professional Responsibility.

Op. 89-08 2
In conclusion, it is our opinion and you are so advised that the a legal service plan which offers to
members of a teachers' association a free half hour initial consultation, a 30% discount on hourly
legal services and a 30% discount on the usual one-third contingent fee based case, is permitted
under DR 2-103 (D) (4) of the Code of Professional Responsibility. As you indicate in your
request the attorney-client relationship must exist between the attorney and the individual plan
participant and not between the attorney and the teachers' association.
This is an informal, non-binding advisory opinion based upon the facts presented and limited
to questions arising under the Code of Professional Responsibility.