Ohio Board Advisory Opinion Op 90-006

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 90-6
Issued April 20, 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[CPR Opinion-provides advice under the Ohio Code of Professional Responsibility which is superseded by the Ohio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.]
[Not current-subsequent rule amendments, Gov. Bar R. V. (G)(1), eff. Sep. 1, 1999.]
SYLLABUS: A lawyer, suspended from the practice of law, may work in a law office under the
supervision of a practicing lawyer.
OPINION: We have before us your request for an opinion on whether you may work as a
paralegal in a law office in Ohio, while under suspension in the state where you are licensed to
practice law. You want to work in a law office under the supervision of a lawyer licensed to
practice in Ohio.
In 1979, The American Bar Association issued an opinion indicating the question of whether a law
firm could employ a suspended lawyer depends on the legal definition of the practice of law in that
state. ABA Committee on Ethics and Professional Responsibility, Informal Op. 1434 (1979). The
ABA Committee quoted a previous ABA opinion advising:
[a]n attorney should not employ a disbarred lawyer, even to do only office work and
seeing no clients, because of the practical difficulty of confining his activities to an
area which does not include practice of law, and because such employment would
show disrespect to the courts.
We do not agree. A suspended lawyer has no lesser right to work as a paralegal than a non-lawyer,
and no greater right to practice law than a non-lawyer. Wolfram, Modern Legal Ethics 848 (West,
1986).
The practice of law relates to the rendition of legal services for others that calls for the professional
judgment of a lawyer. Code of Professional Responsibility, EC 3-5. The professional judgment of
a lawyer is considered to be his or her educated ability to relate the general body and philosophy of
law to a specific legal problem of a client. Id.
Withdrawn by Adv. Op. 2021-1

Op. 90-6 2
Black's law dictionary defines the practice of law as
not limited to appearing in court, or advising and assisting in the conduct of
litigation, but embraces the preparation of pleadings, and other papers incident to
actions and special proceedings, conveyancing, the preparation of legal instruments
of all kinds, and the giving of all legal advice to clients. Black's Law Dictionary
1055 (5th ed. 1979).
A suspended lawyer may work in a law office as long as he or she does not practice law and is
closely supervised by a licensed lawyer. The supervising lawyer is responsible for the actions of
the suspended lawyer and can be disciplined for assisting in the unauthorized practice of law under
DR 3-101.
Several states have dealt with this issue. The Michigan State Bar held that it is not per se improper
to hire a disbarred lawyer provided he or she is placed in some strictly nonprofessional capacity.
Michigan State Bar Op. 211 (1972). Florida and Arizona limit suspended or disbarred lawyers to
activities such as legal research and similar responsibilities permitted by non-lawyer employees.
Arizona State Bar Op. 87-27 (1987), Florida State Bar Op. 62-26 (1986).
For purposes of employment as a paralegal within this state, we find no distinction between a
suspended Ohio lawyer and a lawyer suspended by another state. Both are prohibited from holding
themselves out as licensed to practice in Ohio or from actually practicing law. A lawyer, under
suspension in another state, must comport with that state's restrictions on a suspended lawyer's
activities. This opinion is not meant to override rules or regulations of the suspending state.
A suspended lawyer must comply with his or her Order of Suspension including the specific
requirements and limitations set forth in such an order. This advisory opinion is not meant to
replace or modify such an Order of Suspension which dictates the suspended lawyer's activities.
In conclusion, it is our opinion and you are so advised that a suspended or disbarred attorney is not
prohibited from working as a non-lawyer paralegal or similar position in a law office. It is the
responsibility of the law office to exercise close

Op. 90-6 3
supervisory control over all non-lawyer employees to prevent any unauthorized practice of law.
The suspended lawyer acting as a paralegal must comply with any rules or regulations governing
paralegals in Ohio and perform only those duties permissible for a paralegal. However, a
suspended lawyer's permitted activities are restricted by the specific language of the Supreme
Court's Order of Suspension.
This is an informal, non-binding advisory opinion based upon the facts presented and limited
to questions arising under the Code of Professional Responsibility.