Ohio Board Advisory Opinion Op 90-009

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 90-9
Issued June 15, 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[CPR Opinion-provides advice under the Ohio Code of Professional Responsibility which is superseded by the Ohio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 should not concurrently represent a client as a lawyer and a realtor. Fees
for legal services must comply with DR 2-106.
When engaged in a profession or business other than the legal profession a lawyer may not identify
himself or herself as a lawyer on his or her letterhead, office sign, or professional card, or be
identified as a lawyer in any professional or business publication in connection with a nonlegal
profession or business. Code of Professional Responsibility, DR 2-102 (E).
A lawyer is bound by the Code whether acting in his or her professional capacity or otherwise. A
lawyer representing the personal representative of an estate may not also perform the customary
services of a realtor in selling the estate property. The Code does not prohibit a lawyer from
sharing office space with a private business as long as the attorney complies with the applicable
disciplinary rules.
OPINION: We have before us your request for an advisory opinion regarding your dual status as a
lawyer and a licensed real estate agent. You indicate your compensation as a realtor will be a
percentage of the sale price of the property payable at the closing. Your questions are as follows.
1. Is there a conflict of interest prohibiting the attorney from representing a given seller or
buyer in a real estate transaction both as their attorney and realtor?
A lawyer shall not accept employment if the exercise of his or her professional judgment may be
affected by the lawyer's own financial business, property, or personal interests except with the
consent of the client after full disclosure. Code of Professional Responsibility, DR 5-101(A). In
this case, a lawyer's professional judgment may be affected by the lawyer's own financial interest as
a realtor. Therefore, a lawyer should not represent a client as both lawyer and realtor unless the
client consents after full disclosure of all the conflicting interests.

Op. 90-9 2
A lawyer is also precluded from recommending his or her legal services to a non-lawyer who has
not sought the lawyer's advice. Code of Professional Responsibility DR 2-103(A). Therefore, as a
realtor, a lawyer may not recommend his or her legal services to any real estate clients. Similarly, a
lawyer may not request the real estate firm to recommend or promote his or her legal services.
Code of Professional Responsibility, DR 2-103(C). In other words, the real estate practice may not
be used as a feeder for the law practice. For these reasons, we do not recommend the dual
representation as lawyer and realtor for one client.
2. When an attorney represents a buyer or seller as an attorney and realtor or, as one but not
the other, what ethical obligations are relevant to the fee agreement with the buyer or seller?
All legal fees must comply with DR 2-106 which states that a lawyer shall not enter into an
agreement for, charge or collect an illegal or clearly excessive fee. Code of Professional
Responsibility, DR 2-106.
3. May an attorney show on his letterhead, business card, or public advertising that he is
also a "real estate associate" or "realtor"?
A lawyer who is engaged in the practice of law and another profession or business shall not so
indicate on his or her letterhead, office sign, or professional card. Code of Professional
Responsibility, DR 2-102 (E). A lawyer may not be identified as engaged in another profession or
business in any publication in connection with the profession or business. Id. The Code therefore,
does not permit a lawyer from indicating on his or her letterhead, business card, or in public
advertising that the lawyer is also a "real estate sales associate" or "realtor."
In a prior opinion we noted that DR 2-102(E) is arguably inconsistent with the other Disciplinary
Rules relating to advertising. Board of Commissioners Op, 88-23 (1988). However, DR 2-102 (E)
remains a part of the Code and prohibits a lawyer from printing a dual practice on his or her
letterhead, office sign or professional card.
4. Is an attorney, while acting as a realtor only, held to the standards of the Code of
Professional Responsibility, even though a realtor is prohibited by Ohio law from engaging
in the practice of law?

Op. 90-9 3
A lawyer, whether acting in his or her professional capacity or otherwise, is bound by applicable
disciplinary rules of the Code of Professional Responsibility. ABA Committee on Ethics and
Professional Responsibility Formal Op, 336 (1974). Therefore, a lawyer would be bound by the
Code while acting as a realtor.
5. Are non-legal files kept at the real estate office considered confidential under DR 4-101.
A realtor's files are not subject to the Code's confidentiality rules if no attorney-client relationship
has been established. When an attorney-client relationship is established all the files and
information obtained in the legal representation would be confidential under DR 4-101.
6. May an attorney representing the personal representative of an estate receive a
commission for acting as a realtor and performing such customary services of a realtor in
selling estate property?
A lawyer is obligated to exercise his or her professional judgment solely on behalf of his or her
clients. A lawyer may not concurrently represent the personal representative of an estate, receive a
commission for acting as a realtor and perform the customary services of a realtor in selling the
estate property. Such a dual capacity would be a conflict of interest as well as create the
appearance of impropriety. Code of Professional Responsibility, Canon 9.
7. May an attorney operate his legal practice and real estate brokerage out of the same
office?
Disciplinary Rule 3-103(A) states that "[a] lawyer shall not form a partnership with a non-lawyer if
any of the activities of the partnership consist of law." The Code does not prohibit a lawyer from
sharing office space with a private business. However, a lawyer operating his or her legal practice
and real estate brokerage out of the same office may have difficulty keeping the two practices
separate. Furthermore, a lawyer is also prohibited from indicating another business on an office
sign. Code of Professional Responsibility, DR 2-102(E).
This is an informal, non-binding advisory opinion based upon the facts presented and limited
to questions arising under the Code of Professional Responsibility.