Op 90-015•Ohio Board Advisory Opinion Op 90-015
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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 90-15 Issued August 17, 1990 [CPR Opinion-provides advice under the Ohio Code of Professional Responsibility which is superseded by the Ohio Rules of Professional Conduct, eff. 2/1/2007.]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 acting as an arbitrator in a labor dispute is subject to the Code of Professional Responsibility even though he or she may also be subject to the Code of Professional Responsibility for Arbitrators of Labor-Management Disputes. OPINION: We have before us your request on whether a person acting as an arbitrator in labor disputes, who is also licensed to practice law in Ohio, is subject to discipline under Ohio's Code of Professional Responsibility for unethical conduct while acting as an arbitrator in those labor disputes. Arbitrators who are members of the National Academy of Arbitrators, American Arbitration Association or the Federal Mediation and Conciliation Service are subject to the Code of Professional Responsibility for Arbitrators of Labor-Management Disputes. A lawyer is subject to professional discipline for conduct that the lawyer engaged in outside his or her role as a lawyer. Wolfram, Modern Legal Ethics 97 (West, 1986). Conduct, in this case as an arbitrator, that suggests the lawyer is incapable of practicing law honestly and competently must be examined. Id. Moreover, Disciplinary Rule 1-102 (A) (6) prohibits a lawyer from engaging in conduct that adversely reflects on his or her fitness to practice law. Therefore, an arbitrator in labor disputes, who is a lawyer admitted in Ohio, is subject to the Code of Professional Responsibility as adopted by the Ohio Supreme Court. In conclusion, it is our opinion and you are so advised that a lawyer who serves as an arbitrator in labor disputes is amenable to the Code of Professional Responsibility even when the arbitrator is subject to the Code of Professional Responsibility for Arbitrators of Labor-Management Disputes. This is an informal, non-binding advisory opinion limited to the questions presented and based upon the Code of Professional Responsibility.
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