Ohio Outsourcing Opinion

From the web page of the Ohio Supreme Court:

Two recent advisory opinions from the Supreme Court of Ohio’s Boardof Commissioners on Grievances & Discipline offer guidance onoutsourcing legal or support services and whether a newly appointeddomestic relations magistrate can continue to serve as a city councilmember.

Opinion 2009-6finds that the Ohio Rules of Professional Conduct do not prohibit anOhio lawyer or law firm from outsourcing legal or support servicesdomestically or abroad, either directly to lawyers or nonlawyers orindirectly through an independent service provider. The opinioncautions, however, that applicable rules do impose significant ethicalrequirements.

Some of those ethical requirements include thecircumstances and rules that require disclosing, consulting with aclient and obtaining informed consent before outsourcing. Otherconsiderations include being responsible for another lawyer’sviolation of professional obligations and making reasonable efforts toensure a nonlawyer’s conduct is compatible with the professionalobligations of the lawyer. “The extent of supervision for outsourcedservices is a matter of professional judgment for an Ohio lawyer, butrequires due diligence as to the qualifications and reputation of thoseto whom services are outsourced.”

The opinion also discussesreasonable fees and expenses in these arrangements and leaves thedecision as to whether to bill an outsourced client as part of thelegal fee or an expense to the lawyer’s professional judgment.

Opinion 2009-7finds that it is improper under the Ohio Code of Judicial Conduct for anewly appointed full-time or part-time domestic relations courtmagistrate to continue serving out a term as an elected member of citycouncil.

The opinion references Rules 1.2, 1.3 and 4.5 as offering guidance in answering the question posed.

Theopinion also notes that there may be statutory compatibility issues toconsider, but those are beyond the scope of the opinion.

(Mike Frisch)