Life After Suspension

The Ohio Board of Commissioners on Grievances and Discipline has issued an advisory opinion concerning the employment limitations of a disqualified or suspended attorney. The web page of the Supreme Court summarizes the opinion as follows:

Opinion   2008-7 covers the employment of adisqualified or suspended attorney and what work that person canperform. The opinion notes that a Supreme Court rule limiting theemployment of a disqualified or suspended attorney by another attorneyor law firm became effective Sept. 1. Among other restrictions, therule prohibits a disqualified or suspended attorney from direct clientcontact or handling client funds. A client must be notified in writingin advance if a disqualified/suspended attorney will perform any workfor another attorney on a client’s case.

Adisqualified/suspended attorney serving as a receptionist does notviolate the restriction on direct client contact, according to theopinion, as long as the contact is limited. The opinion also statesthat limiting the duties of the disqualified/suspended attorney toserving as a receptionist, mail room clerk, copying services or filingpleadings in court would not invoke the requirement of notifyingclients that he or she worked on a client’s case. Performing legalresearch and writing on client matters, however, would requirenotifying the client.

(Mike Frisch)