New Year and New Rule 8.6

Happy Holidays!

As we turn the page into a new year, it’s a good moment for Ohio lawyers to do two things: (1) reset priorities, and (2) take some time to review the Ohio Rules of Professional Conduct. Specifically, as of January 1, 2026, the Ohio Rules of Professional Conduct are enacting Prof.Cond.R. 8.6, a new rule that affects how attorney speech is evaluated in the disciplinary system.

On November 20, 2025, the Supreme Court of Ohio adopted amendments to the Ohio Rules of Professional Conduct, adding Prof.Cond.R. 8.6, which will become effective January 1, 2026. Rule 8.6 entitled “Protected Speech and Conduct” reads,

“It is not professional misconduct for an attorney to engage in speech or conduct protected by the United States and Ohio Constitutions, including Article I, Section 6 of, or the First Amendment to, the United States Constitution as well as Article I, Section 11 or Article II, Section 12 of the Ohio Constitution.”

Originally, when the new language was published for public comment, it was added to Prof.Cond.R. 8.4, creating a new section (b), before being added as a new rule.

It has yet to be seen how this rule will align, or frankly misalign, with other Rules of Professional Conduct, including, but not limited to, rules contained in 3.1, 3.3, 3.6, 7.1, and, 8.2, 8.4. Even if speech is protected, there are still many ways a lawyer can create disciplinary risk.

The new year is a great time to recommit to the basics: good judgment, clear boundaries, and careful and constant communication with our clients. Prof.Cond.R. 8.6 is a reminder that constitutional protections matter in the attorney-discipline space, however, it’s equally a reminder that the Ohio Rules of Professional Conduct serve as the floor for required ethical responsibilities, and attorneys should always strive to exceed that floor.

https://www.supremecourt.ohio.gov/ruleamendments/documents/Prof.Cond.R.%208.6%20(Final).pdf