The Ohio Board of Professional Conduct has issued three advisory opinions, including one new opinion that considers the payment of bonuses to nonlawyer employees. Two opinions previously issued under the former Code of Professional Responsibility have been revised.

Advisory Opinion 2023-09 concludes that defense counsel may prepare an application for the approval of a minor settlement in probate court in a matter stemming from a claim made by an unrepresented minor. The lawyer may describe to the minor and parents the purpose of the application and the underlying procedure in probate court and must remind the minor and parents that the lawyer does not represent the minor and cannot offer legal advice. This opinion replaces Adv. Op. 1996-02.

Advisory Opinion 2023-10 addresses the situation when a lawyer agrees to pay a medical provider in anticipation of a settlement or award from a personal injury claim and the client later directs the lawyer to pay all the proceeds to the client. The board concludes that the Rules of Professional Conduct require a lawyer to pay a medical provider who has a lawful interest in the proceeds. However, where the payment of the proceeds to a provider are in dispute, the lawyer must hold the funds in the lawyer’s trust account until the dispute is resolved. This opinion replaces Adv. Op. 1995-12.

Advisory Opinion 2023-11 advises lawyers not to pay a nonlawyer employee a bonus based solely on the employee receiving a positive online review from a client. The board concludes that such a structure impermissibly ties the employee’s bonus to a particular client or matter and results in fee sharing with a nonlawyer that is prohibited under the Rules of Professional Conduct.