Op 87-027•Ohio Board Advisory Opinion Op 87-027
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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 87-027 December 18, 1987 [CPR Opinion-provides advice under the Ohio Code of Professional Responsibility which is superseded by the Ohio Rules of Professional Conduct, eff. 2/1/2007.]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 may become a member of the Better Business Bureau provided the BBB continues its practice of forwarding inquiries and complaints regarding lawyers to a local bar association. OPINION: We have before us your request for our opinion on whether you may join your local Better Business Bureau (hereinafter referred to as BBB). You state in your request that the BBB has sent you their Business Information Form and you are concerned that if you fail to complete the form it will reflect unfavorably upon you. It is our opinion that a lawyer may ethically be a member of the BBB. It is our understanding the BBB does not address inquiries from potential clients of a lawyer. Any inquiry concerning a lawyer or law firm is referred to the local bar association. Therefore, DR 2-103 (C) of the Code, which prohibits a lawyer from requesting an organization to recommend or promote the use of the lawyer's services, would not apply since the BBB does not answer inquiries concerning a lawyer.
Op. 87-027 2 Furthermore, the BBB does not entertain complaints against lawyers. Again, it is our understanding that any complaint against a lawyer or law firm is referred to the local bar association. Therefore, as long as the BBB does not handle complaints against lawyers, a lawyer may ethically be a member of the BBB. Based upon the foregoing, it is our opinion, and you are so advised, that a lawyer may join the Better Business Bureau. This is an informal, non-binding advisory opinion, based upon the facts as presented and limited to questions arising under the Code of Professional Responsibility. Jason W. Mason, Esq. Secretary, Board of Commissioners on Grievances and Discipline
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