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Aug. 18, 2008
Supreme Court Adopts Disqualified/Suspended Attorney Rule

The Supreme Court of Ohio today adopted a rule limiting the employment of a disqualified or suspended attorney by another attorney or law firm.

Among other restrictions, the amendment to Rule V Disciplinary Procedure of the Rules for the Government of the Bar of Ohio will prohibit a disqualified or suspended attorney from direct client contact or handling client funds. Current rules allow such employment, as long as it does not constitute the practice of law, and requires the employment to be registered with the Office of Disciplinary Counsel.

“Restricting the involvement of attorneys who have been suspended, disbarred or resigned with discipline pending will provide an additional safeguard to protect the interests of clients,” said Chief Justice Thomas J. Moyer, a strong supporter of the rule.

The Office of Disciplinary Counsel and the Board of Commissioners on Grievances and Discipline proposed the new rule to the Supreme Court. The rule takes effect on Sept. 1.

Other provisions of the rule include:

• A client must be notified in writing in advance if a disqualified or suspended attorney will perform any work for another attorney on a client’s case. Any existing employment relationships on or before Sept. 1 would have to be registered by Nov. 1.
• The employing attorney or law firm must pre-register the disqualified or suspended attorney’s employment with the Office of Disciplinary Counsel and continue to update information on the registration form.
• The employing attorney or law firm may not re-hire a disqualified attorney if the misconduct occurred while employed previously with that same attorney or law firm.

To view the rule, visit the Supreme Court of Ohio’s Web site at http://www.supremecourtofohio.gov/Rules/govbar/govbar.pdf.

Contact: Chris Davey or Bret Crow at 614.387.9250.