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Ohio Legal Services Organizations

Rule IX of the Supreme Court Rules for the Government of the Bar of Ohio allows a temporary certification to practice law in Ohio for persons employed by or associated with a legal services or public defender program that provides legal services solely to indigent clients. The rule also allows a temporary certification for law professors teaching at ABA approved law schools in Ohio. The temporary certificates are valid for one year.

For purposes of the temporary certification rules, a legal services program means any organization that receives financial assistance from the state public defender, through the Ohio legal assistance foundation, pursuant to section 120.53 of the Ohio Revised Code.

Eligibility
Attorneys must:

  • Have taken and passed a bar exam and been admitted and in good standing as an attorney at law in the highest court of another state, the District of Columbia, or a territory of the United States.
  • Cannot have had an application for admission in Ohio denied on character and fitness grounds pursuant to Gov. Bar. R. I.
  • Be employed by or associated with a legal services or public defender program that provides legal services solely to indigent clients; or
  • For law professors, be employed as a supervising attorney in a criminal or poverty law and litigation program administered by an Ohio law school that is accredited by the ABA.

Practice
Attorneys are subject to all provisions of the Ohio Code of Professional Responsibility and submit to the jurisdiction of the Supreme Court for disciplinary purposes under Gov. Bar R. V (Disciplinary Procedure).

Application and Certification
Attorneys are required to file an Application for Temporary Certification with the Office of Bar Admissions of the Ohio Supreme Court. The application includes:

  • A certificate from the applicant’s law school certifying that the applicant has received a law degree.
  • A certificate of admission as an attorney at law from another state, the District of Columbia, or a territory of the United States.
  • A certificate of good standing from each jurisdiction where the applicant is admitted to practice law.
  • Attorney Affidavit. An affidavit that the applicant has read, is familiar with, and agrees to be bound by the Ohio Code of Professional Responsibility and to submit to the jurisdiction of the Supreme Court for disciplinary purposes pursuant to Gov. Bar. R. V (Disciplinary Procedure).
  • Employer Affidavit. An affidavit from the director of the legal services or public defender program or the law school Dean where the applicant is employed or associated certifying the following:
    • The applicant is employed by or associated with the legal services, public defender, or law school program.
    • That the director or law school Dean has no knowledge of information that would cause him or her to doubt the applicant’s character, fitness, or moral qualifications to practice law or the applicant’s ability to discharge the duties of an attorney at law.
    • That the director or law school Dean will notify the Office of Bar Admissions in writing immediately upon termination of the applicant’s employment or association with the legal services, public defender, or law school program.
  • A questionnaire, in duplicate, for use by the National Conference of Bar Examiners and the Board of Commissioners on Character and Fitness in conducting a character investigation of the applicant with the NCBE character and fitness report fee.
  • A $100 fee. Fees may be applied toward the fees for admission under Gov. Bar R. I.

The Office of Bar Admissions forwards the applicant’s questionnaire to the NCBE. Upon receipt of a report from the NCBE, the Office of Bar Admissions submits the report and the application to the Board of Commissioners on Character and Fitness. The Board reviews the report and the application and may request additional information or materials and may conduct a personal interview to determine the applicant’s character, fitness, and moral qualifications to practice law.

The Board then recommends that the applicant’s temporary certificate either be approved or revoked. If the Board recommends revocation, the Board files a report of its recommendation and the basis for its recommendation with the Office of Bar Admissions, who immediately revokes the certificate and sends a copy of the report and recommendation to the applicant. Applicants who have their certificates revoked are entitled to review by the Supreme Court pursuant to Gov. Bar R. I, Section 11(F).

Renewal
Certificates may be renewed one time for a period of one year from the date when the certificate would have expired. Applicants may obtain a renewal by filing an application for renewal with the Office of Bar Admissions and the following:

  • Employer Affidavit. An affidavit from the director of the legal services or public defender program or the law school Dean where the applicant is employed or associated certifying the applicant’s continued employment or association with the legal services, public defender, or law school program.
  • Attorney Affidavit. An applicant affidavit stating that the applicant has not engaged in the practice of law in Ohio outside the scope of employment or association with the legal services, public defender, or law school program where the applicant is employed or associated.

Termination
Certificates expire one year from the issuing date. Certificates also expire upon the occurrence of one of the following events:

  • The applicant is admitted to the Ohio Bar.
  • The applicant is denied admission to the practice of law under Gov. Bar R. I.
  • The applicant’s employment with the law school program is terminated. Within 30 days of the date of required employment termination notice, the applicant fails to become employed by or associated with another legal services, public defender, or law school program in Ohio.

The Ohio Supreme Court, on its own initiative and at any time, may revoke a temporary certificate for disciplinary or other reasons.