addresses the same issues contained in several provisions of the Ohio Code of
Ohio Rules of Professional Conduct
Rule: 4.1
Jurisdiction: OH
Bluebook Citation: Ohio Prof. Cond. R. 4.1
Professional Responsibility. Division (a) of the rule is virtually identical to DR 7-102(A)(5). Division (b) parallels DR 7-102(A)(3) and the “fraud on a person” portion of DR 7-102(B)(1). The “fraud on a tribunal” portion of DR 7-102(B)(1) is now found in Rule 3.3. No Ohio case has construed DR 7-102(B) in the context of a lawyer failing to disclose a fraud on a person. Nevertheless, revealing such an ongoing or future fraud is justified under Rule 4.1(b) when the client refuses to prevent it, and the lawyer’s withdrawal from the matter is not sufficient to prevent assisting the fraud. The mitigation of past fraud on a person, addressed in DR 7-102(B), is now found in Rule 1.6(b)(3). Comparison to ABA Model Rules of Professional Conduct
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