Ohio Board Advisory Opinion Op 89-035

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 89-35
Issued December 15, 1989
WITHDRAWN BY OPINION 2013-1 ON APRIL 4, 2013
[CPR Opinion-provides advice under the Ohio Code of Professional Responsibility which is superseded by the Ohio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 Gov. Bar R. III, eff. Jan. 1, 1993 and Nov. 1, 1995.]
SYLLABUS: An attorney at law may not practice with more than one legal professional
association or law firm in Ohio at the same time.
OPINION: We have before us your request for an advisory opinion on whether an attorney can
belong to two separate law practices in Ohio. You propose forming a separate legal partnership for
the limited purpose of handling personal injury cases. Each attorney in the partnership would
maintain his or her individual practice within the same county.
The propriety of belonging to two separate law practices is addressed in the Supreme Court Rules
for the Government of the Bar. Governing Bar Rule III, §3 (D) states that no attorney shall be
associated in any capacity with a legal professional association other than one with which he is
actively and publicly associated. The Code of Professional Responsibility does not address this
issue directly. However, the concept of practicing in more than one law office raises many
potential ethical problems. Maryland St. Bar Assn. Committee on Ethics, Op. 88-45 (1988). These
ethical problems are magnified by the location of the proposed partnership and existing practices of
these attorneys, all within the same county.
A lawyer practicing in two firms is potentially misleading and may be confusing to the public.
Code of Professional Responsibility, DR 2-101. This situation would also create the potential for
the disclosure of confidential information between the various firms and lawyers. Code of
Professional Responsibility, DR 4-101(B). Multiple firm membership may also increase the
number of conflicts of interest for the attorneys involved. See, Code of Professional
Responsibility, Canon 5. Complying with these ethical standards would be difficult for a lawyer
practicing in two partnerships in the same area.

Op. 89-35 2
An attorney must maintain his or her professional independence under EC 5-13 and 5-24 of the
Code of Professional Responsibility. A lawyer who maintains two separate law practices may have
difficulty exercising his or her professional judgment solely for the benefit of a client and free from
outside influences. See, e.g., Code of Professional Responsibility EC 5-1, 5-13.
Based upon the foregoing, it is our opinion, and you are so advised, that a lawyer should not
practice with more than one law practice in Ohio at the same time.
This is an informal non-binding advisory opinion based only upon the facts presented and
limited to questions arising under the Code of Professional Responsibility.