Attorney Client Privilege For Consultants In Ohio
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RULE 7.1: COMMUNICATIONS CONCERNING A LAWYER'S SERVICES A lawyer shall not make or use a false, misleading, or nonverifiable communication about the lawyer or the lawyer's services.
Rule 8.3 requires a lawyer to report "unprivileged knowledge of a violation of the Ohio Rules of Professional Conduct that raises a question as to any lawyer's honesty, trustworthiness, or fitness as a lawyer in other respects." Thus, there are two triggers to a lawyer's reporting duty under Rule 8.3.
This situation would breach Rule 1.9, which prohibits a lawyer from representing a client in a matter substantially related to one in which they had previously represented another client. In this case, the attorney would possess confidential information from the prior representation that could harm the current client.
Rule 1.7(a) sets out the limited circumstances in which representation of conflicting interests is absolutely prohibited even with the informed consent of all involved clients. Rule 1.7(b) sets out those circumstances in which representation is barred in the absence of informed client consent.
Rule 1.7 - Conflict of Interest: Current Clients (a) A lawyer's acceptance or continuation of representation of a client creates a conflict of interest if either of the following applies: (1) the representation of that client will be directly adverse to another current client; (2) there is a substantial risk that the ...
Rule 1.7 - Conflict of Interest: Current Clients (a) A lawyer's acceptance or continuation of representation of a client creates a conflict of interest if either of the following applies: (1) the representation of that client will be directly adverse to another current client; (2) there is a substantial risk that the ...
Attorney-client privilege is codified in Ohio at R.C. 2317.02(A). This statute states that an attorney shall not testify without express consent of the client, or, in the case of a deceased client, the express consent of the surviving spouse or estate fiduciary.
8. Rule 8 - Pretrial conference and procedure (A)Pretrial conference; Case management conference. In ance with Civil Rule 16, the court may, on its own motion or at the request of a party, fix a date and place for a formal pretrial conference and one or more informal pretrial status conferences.
