Ohio Board Advisory Opinion Op 89-026

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 89-26
Issued August 18, 1989
[Withdrawn- by Board on October 10, 1997 due to amended Gov. Bar. VI §2, eff. Sept. 1, 1991]
SYLLABUS: A lawyer who is registered "inactive" under Governing Bar Rule VI cannot render
services to others requiring the professional judgment of a lawyer.
OPINION: We have before us two requests for our opinion on whether an attorney, who is
registered inactive with the Supreme Court of Ohio, would be engaged in the unauthorized practice
of law by working voluntarily as a judicial law clerk or as an advisor to fellow church members on
legal problems.
The Code of Professional Responsibility mandates that all attorneys assist in preventing the
unauthorized practice of law. Code of Professional Responsibility Canon 3 (1988). In Ohio, the
unauthorized practice of law is the rendering of legal services for others by anyone not registered
under Gov. Bar R. VI. Gov. Bar R. VII §2(A). Gov. Bar R. VI which sets the standard for proper
registration, permits an attorney admitted to the practice of law in Ohio to acquire inactive status.
Gov. Bar R. VI, §8. However, an attorney registered inactive is not authorized to practice law.
The practice of law relates to the rendition of legal services for others that call for the professional
judgment of lawyer. Code of Professional Responsibility, EC 3-5. The professional judgment of a
lawyer is considered to be his educated ability to relate the general body and philosophy of law to a
specific legal problem of a client. Code of Professional Responsibility, EC 3-5.
Generally speaking, the duties of a judicial law clerk are preparatory or ministerial in nature and do
not include the rendition of services for others or the exercise of the professional judgment of a
lawyer. Hence, an attorney registered inactive may properly act as a judicial law clerk.
With regard to an inactive attorney offering free legal advice to fellow church members, it is our
opinion that simply because advice is given without charge does not exclude it from the

Op. 89-26 2
category of services rendered for others which call for the exercise of professional legal judgment.
Therefore, we believe it would be improper for a lawyer registered inactive to render legal advice
even voluntarily to fellow church members.
This is an informal non-binding advisory opinion based only on the facts presented and
limited to questions arising under the Code of Professional Responsibility.