The Board of Professional Conduct has issued two advisory opinions addressing the confidentiality of a grievance in the context of a judicial disqualification matter and the acquisition of a mortgage on a client’s real property to secure legal fees. These opinions replace earlier guidance issued under the former Code of Professional Responsibility.

Advisory Opinion 2025-01 concludes that a lawyer may not disclose in an affidavit of disqualification, filed with the Supreme Court of Ohio, that the lawyer or the lawyer’s client has filed a disciplinary grievance against the judge. The Board emphasizes that the confidentiality provisions in Rule V of the Rules for the Government of the Bar require all lawyers to maintain the confidentiality of a grievance until a complaint is certified by the Board of Professional Conduct. This opinion replaces Adv. Op. 1998-02.

Advisory Opinion 2025-02 holds that a lawyer may acquire a mortgage against a client’s real property to secure the payment of legal fees, provided the agreement satisfies the requirements of the conduct rule governing business transactions with clients. The Board advises lawyers that such transactions must also satisfy a lawyer’s ethical obligation to only charge or collect a reasonable fee. This opinion replaces Adv. Op. 2004-08.