The Ohio Board of Professional Conduct has issued an advisory opinion clarifying the application of a rule that mandates the arbitration or mediation of fee disputes between lawyers.

The Ohio Rules of Professional Conduct direct the arbitration or mediation of fee disputes between lawyers who are not in the same firm and agree to jointly represent a client.  These arbitration or mediation services are provided by bar associations.  In Advisory Opinion, 2024-04, the Board concluded that the conduct rule does not mandate the arbitration or mediation of fee disputes that arise between a law firm and a lawyer who has departed the firm.  The Board suggested that lawyers and their former law firms may voluntarily submit to an arbitration or mediation process to resolve these types of fee disputes.