Ohio Legal Ethics Narrative

VII INFORMATION ABOUT LEGAL SERVICES

7.6 RULE 7.6 POLITICAL CONTRIBUTIONS TO OBTAIN GOVERNMENT ENGAGEMENTS OR APPOINTMENTS BY JUDGES

THE NOTE TO RULE 7.6 STATES THAT MR 7.6 IS NOT ADOPTED IN OHIO BECAUSE "THE SUBSTANCE OF MODEL RULE 7.6 IS ADDRESSED BY PROVISIONS OF THE OHIO ETHICS LAW, PARTICULARLY R.C. 102.03(F) AND (G), AND OTHER CRIMINAL PROHIBITIONS RELATIVE TO BRIBERY AND ATTEMPTS TO INFLUENCE THE CONDUCT OF ELECTED OFFICIALS. A LAWYER OR LAW FIRM THAT VIOLATES THESE STATUTORY PROVISIONS WOULD BE IN VIOLATION OF OTHER PROVISIONS OF THE OHIO RULES OF PROFESSIONAL CONDUCT, SUCH AS RULE 8.4."

7.6:100 Comparative Analysis of Ohio Rule

• Primary Ohio References: None
• Background References: ABA Model Rule 7.6

7.6:101 Model Rule Comparison

Ohio did not adopt MR 7.6 and substituted nothing in its place. See introductory paragraph above.

7.6:102 Ohio Code Comparison

See section 7.6:101.

7.6:200 The "Pay-to-Play" Prohibition

• Primary Ohio References: None
• Background References: ABA Model Rule 7.6

A brief summary of MR 7.6 is as follows: MR 7.6 is limited to political contributions. If made or solicited by a lawyer or law firm, that lawyer or firm cannot accept a government legal engagement or appointment by a judge if the contribution or solicitation was made for the purpose of obtaining or being considered for such engagement or appointment. An overview of this "pay-to-play" prohibition and its pros and cons are set forth in 2 Geoffrey C. Hazard, Jr. & W. William Hodes, The Law of Lawyering §§ 60.1-60.4 (3d ed. 2001 & Supp. 2008).