The board's latest advisory opinions are addressed to prosecutors about judgment entries and limitations for out-of-state attorneys regarding depositions in Ohio.

The board's latest advisory opinions are addressed to prosecutors about judgment entries and limitations for out-of-state attorneys regarding depositions in Ohio.

The Ohio Board of Professional Conduct has issued two advisory opinions, including a new opinion that addresses the preparation of a judgment entry by a prosecutor and one updated opinion regarding the ability of an out-of-state lawyer or paralegal to conduct a deposition.

Advisory Opinion 2022-12 acknowledges that Supreme Court of Ohio rules permit a prosecutor to prepare a judgment entry in a criminal matter for submission to the court. The board reminds prosecutors to avoid engaging in ex parte communications with the court if subsequent changes or edits to a judgment entry are requested that concern substantive matters or issues on the merits. The board recommends that defense counsel be made aware of any request to a prosecutor to prepare or revise a judgment entry.

Advisory Opinion 2022-13 holds that an out-of-state lawyer may take or defend a deposition in Ohio if the deposition is reasonably related to a pending or potential proceeding in a tribunal in Ohio or another jurisdiction. To avoid assisting in the unauthorized practice of law, the board cautions lawyers against delegating deposition activities to a paralegal. This opinion replaces Adv. Op. 2002-04 that was issued under the former Code of Professional Responsibility.