Valuable resources for
our valued policyholders.

The Ohio Board of Professional Conduct recently issued the Ohio Ethics Guide:Succession Planning.  The Board indicates the ethics guide is a preventative tool to assist Ohio attorneys in developing a succession plan. This ethics guide does not discuss the sale of a law practice. The ethics guide addresses the ethical reasons for having a succession plan […]

The Board of Professional Conduct issued five new opinions in 2017 to date. (See MalpracticeAlert! Jan-Mar 2017for discussion of Opinion 2017-1 and Opinion 2017-2). Opinion 2017-3 Solicitation of ProfessionalEmployment Via Email, issued April 7, 2017, updates and withdraws former Opinion 2004-1. Opinion 2017-3 notes that because email solicitation is treated similarly to other forms of […]

Another practice challenge is presented by a request to serve as outside counsel. For example, you are contacted by a new client, a bank or sizable business, and they send you a long and detailed agreement that defines every aspect of your representation, from your hourly rates and staffing, to limiting your firm’s  recourse. The mega-law […]

OBLIC provides answers to your ethics and practice questions from the Director of Loss Prevention in response to Hotline Calls or in- person questions at CLE seminars. This column will feature Q & A’s from those sources of general interest to OBLIC policyholders. Question: I received a request by email from a third party entity […]

It seems that every recent Malpractice Alert! OBLIC has published warns of a new scam that poses a cyber security threat. That’s because every day DOES bring a new wrinkle to the cyber security page. Recent OBLICAlerts have warned of RansomWare Threats, Wire FraudSchemes and again, Fraudulent WiringInstructions. These are very real threats! If you have […]

Internet scams continue to target Ohio attorneys.  Recent scams involve the use of relatable data in phishing scams.  This involves scammers obtaining information publicly available on the internet to include in emails so that you see something familiar in the email that will get you to click on the link in the email.  When you […]

Answering the OBLIC Hotline, there are frequent questions involving IOLTA (Interest on Lawyer Trust Account) accounts.  Several practice pointers can help avoid problems with your IOLTA account: Follow the requirements of Rule 1.15 of the Ohio Rules of Professional Conduct. Never let your balance go negative. This may mean you will need to deposit funds […]

AOP refers to “areas of practice” that attorneys engage in.  A summary of claims reported to OBLIC over the last year shows several practice areas in which claims commonly occur. In 2016, OBLIC insureds reported more claims in the areas of real estate and probate, estate planning and trusts than any other area of practice. […]

On February 10, 2017, the Board of Professional Conduct issued two opinions:  Opinion 2017-1 Advertisement of Contingent Fee Arrangements and Opinion 2017-2 Duty of Judge to Report Misconduct. Opinion 2017-1 advises that a lawyer who advertises litigation services on a contingent fee basis may not use statements such as: “There’s no charge unless we win […]

Am. Sub. H.B. 432, as adopted by the 131st Ohio General Assembly, takes effect on April 6, 2017.  This legislation enacts the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADA), Ch 2137 Ohio Revised Code, to provide for continued access or control over digital assets when the owner of those assets dies or becomes […]