Ohio Board Advisory Opinion Op. 19-07

This nonbinding advisory opinion is issued by the Ohio Board of Professional Conduct
in response to a prospective or hypothetical question regarding the application of
ethics rules applicable to Ohio judges and lawyers. The Ohio Board of Professional
Conduct is solely responsible for the content of this advisory opinion, and the advice
contained in this opinion does not reflect and should not be construed as reflecting the
opinion of the Supreme Court of Ohio. Questions regarding this advisory opinion
should be directed to the staff of the Ohio Board of Professional Conduct.
OPINION 2019-7
Issued August 2, 2019
Withdraws Adv. Op. 2002-5
Donation of Legal Services to be Auctioned for Charity
SYLLABUS: A lawyer is prohibited from donating legal services to be auctioned or
raffled at a fundraiser for a charitable organization. A lawyer’s donation of legal services
to be auctioned or raffled for a charitable organization is giving a thing of value to another
for recommending the lawyer’s services. A lawyer’s agreement with a charitable
organization to provide legal services to an unknown donor may improperly limit the
exercise of the lawyer’s independent professional judgment as to whom to accept as a
client and what services to provide. It is misleading for a lawyer to donate legal services
that he or she may not be able to provide due to conflicts of interest, the complexity of
the legal matter, and the lawyer’s relative skill and competence.

65 SOUTH FRONT STREET, 5TH FLOOR, COLUMBUS, OH 43215-3431
Telephone: 614.387.9370 Fax: 614.387.9379
www.bpc.ohio.gov
HON. JOHN W. WISE
CHAIR
RICHARD A. DOVE
DIRECTOR
PATRICIA A. WISE
VICE- CHAIR
D. ALLAN ASBURY
SENIOR COUNSEL
KRISTI R. MCANAUL
COUNSEL
OPINION 2019-7
Issued August 2, 2019
Withdraws Adv. Op. 2002-5
Donation of Legal Services to be Auctioned for Charity
SYLLABUS: A lawyer is prohibited from donating legal services to be auctioned or
raffled at a fundraiser for a charitable organization. A lawyer’s donation of legal services
to be auctioned or raffled for a charitable organization is giving a thing of value to another
for recommending the lawyer’s services. A lawyer’s agreement with a charitable
organization to provide legal services to an unknown donor may improperly limit the
exercise of the lawyer’s independent professional judgment as to whom to accept as a
client and what services to provide. It is misleading for a lawyer to donate legal services
that he or she may not be able to provide due to conflicts of interest, the complexity of
the legal matter, and the lawyer’s relative skill and competence.
APPLICABLE RULES: Prof.Cond.R. 1.1, 1.7, 1.9, 5.4, 7.1, 7.2, 7.3
QUESTION(S) PRESENTED: Is it proper for a lawyer to donate legal services to be
auctioned or raffled at a fundraiser for a charitable organization?
OPINION: The donation of legal services through a charitable organization raises
multiple ethical issues for the lawyer.1
1 Notwithstanding the general prohibition against the donation of legal services in this manner, the conduct
does not implicate a division of fees with a charitable organization. The lawyer is not charging or collecting
a fee for legal services. Individuals who bid on items or purchase tickets for a prize drawing are donating
to a charitable organization, not paying for the subject of their bid or prize (legal services).

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Giving a thing of value for recommending a lawyer’s services
With a few enumerated exceptions that do not apply here, Prof.Cond.R. 7.2(b)
provides that a lawyer shall not give anything of value to a person for recommending the
lawyer’s services. A lawyer’s donation of legal services to be used as a charity auction or
raffle prize is a thing of value because the charitable organization receives a monetary
donation as a direct result of the donation of the lawyer’s services. As part of a typical
charity auction or raffle, the charitable organization may be perceived as endorsing the
lawyer’s credentials, abilities, competence, character or other professional qualities in
some manner. When the charitable organization includes information about the lawyer
in the materials promoting the event, in materials displayed at the event, or information
provided orally by a host, the charitable organization is in effect recommending the
lawyer.
Improper limitation on the exercise of a lawyer’s independent professional judgment
A lawyer shall not permit a person who recommends the lawyer to another to
direct or regulate the lawyer’s professional judgement in rendering such legal services.
Prof.Cond.R. 5.4(c). By offering a lawyer’s legal services as an auction or prize item, a
charitable organization could be perceived as both advertising and recommending the
lawyer’s services. When a lawyer makes a decision to donate his or her services, the
identity of the successful silent auction bidder or prize winner and the nature and extent
of the winner’s legal needs are unknown. By agreeing with a charitable organization to
provide a legal service, especially if it is a specific legal service, prior to the creation of the
attorney-client relationship with the donor, the charitable organization becomes involved
in directing and regulating the limits of the services the lawyer will provide. Further, by
agreeing in advance to provide a legal service to an unknown individual with unknown
legal needs, a lawyer improperly places limitations on the exercise of his or her
independent professional judgment as to whom he or she will accept as a client and what
legal services will be provided.
It is misleading to donate legal services the lawyer may or may not be able to provide
A lawyer cannot provide donated legal services to the charitable donor for a
variety of reasons. Most importantly, a lawyer shall not make or use a false, misleading,
or nonverifiable communication about the lawyer or the lawyer’s services. Prof.Cond.R.
7.1. A donation of legal services to a charitable organization can be misleading if the
donor does not need the offered services, needs representation different from the donated
services, or needs additional legal services than the lawyer can offer. An unsophisticated

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donor may not fully realize the nature and scope of his or her legal needs, yet have an
expectation that the lawyer who has donated his or her services will be able to meet the
individual’s needs. The donor’s legal needs may be complex and the lawyer may be
unable to competently provide the legal services the individual thinks he or she is entitled
to receive. Prof.Cond.R. 1.1. If the lawyer suggests other legal services may be required
at an additional fee, the donor may feel misled or that the lawyer took advantage of him
or her. Furthermore, the lawyer may be prohibited from representing the individual
donor due to a nonwaivable conflict of interest. Prof.Cond.R. 1.7 and 1.9. In recent years
a few other states have favored the practice of allowing donation of legal services for
charitable fundraising so long as limitations are put into place in an attempt to address
the ethical concerns. However, in the Board’s view, any potential disclaimer provided in
connection with the fundraising event that attempts to address all of the lawyer’s ethical
limitations, in order to inform potential donors and avoid the creation of unjustified
expectations, has the likelihood of falling short due to the nuances involved.
Consequently, the Board advises for the aforementioned reasons it is misleading for a
lawyer to donate legal services that he or she may not be able to provide.
CONCLUSION: While the Board appreciates the benefits which may result from the
lawyer’s donation of legal services to both the community served by the charitable
organization and the individual donor, the Board continues to believe there are more
appropriate avenues for lawyers to provide those services such as providing pro bono
services directly or volunteering at a legal aid clinic. A lawyer’s donation of legal services
to be auctioned or raffled at a fundraiser is giving a thing of value for recommending the
lawyer’s services. A lawyer’s agreement with a charitable organization to provide legal
services to an unknown recipient may improperly limit the exercise of the lawyer’s
independent professional judgment as to whom to accept as clients and what services to
provide. It is misleading for a lawyer to donate legal services that he or she may not be
able to provide. Thus, the Board concludes that participation by a lawyer in the donation
of legal services for a charity auction or raffle is not permitted under the Rules of
Professional Conduct.