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What happens to your practice if you experience an unforeseen emergency? What if you are in  an accident or have a heart attack? What if you die suddenly and unexpectedly? These are all real scenarios that practicing attorneys can experience. It is especially critical for solo practitioners, but equally as important  for attorneys in firms […]

In a case submitted to the Ohio Supreme Court by the U.S. District Court for the Southern  District of Ohio, Foley v. Univ of Dayton, Slip Opinion No. 216-Ohio-7591, decided November 3, 2016, the Ohio Supreme Court found that no cause of action exists in Ohio for the tort of negligent misidentification. The case arose […]

Online activity is in focus on many fronts. In an opinion decided November 17, 2016, CrutchfieldCorp. v. Testa, Slip Opinion No. 2016-Ohio- 7760, the Ohio Supreme Court affirmed the decision of the Board of Tax Appeals upholding the imposition of the commercial activity tax (CAT) by the Tax Commissioner of Ohio on the Virginia-based Crutchfield […]

Opinion 2016-8 withdraws Opinions 89-24 and 2000-6 and gives guidance on Client Testimonials in Lawyer Advertising and Online Services.  The opinion  addressed  truthfulness in advertising and communication of a lawyer’s services in Rules 7.1 and 7.2 and the  restrictions on revealing information relating to representation in Rules 1.6 and 1.9 when evaluating a client testimonial. The […]

Opinion 2016-7 focused on the Lawyer’s Duty  to Promptly Deliver Funds to a Client or Third Party. In this opinion, a lawyer asked for guidance on how long he could hold client funds in the firm trust account to ensure that the check clears before distributing funds to a client,  in light of Professional Conduct Rule […]

Opinion 2016-6 considered Ethical Implications for Lawyers under Ohio’s Medical Marijuana Law. Subsequently, the Ohio Supreme Court adopted an amendment to Rule 1.2(d)(2) of the Rules of Professional Conduct by which: A lawyer may counsel or assist a client regarding conduct expressly permitted under Sub.H.B. 523 of the 131st General Assembly authorizing the use of […]

Opinion 2016-5 examines Communication With Current and Former Corporate Employees. This situation is addressed by Rule 4.2 of the Rules  of Professional Conduct, which provides: In representing a client, a lawyer shall not communicate about the subject of the representation with a person the lawyer knows to be represented by another lawyer in the matter, […]

Opinion 2016-4 discussed the Imputation of Conflict Involving Current and Former Legal Interns. Law school clinics provide  legal  services to prepare law students to be practice ready and to meet legal needs of persons qualifying for clinic services. This opinion answered an inquiry from a law school legal clinic asking: whether conflicts arising from a legal […]

The Board of Professional Conduct of the Supreme Court of Ohio issued Advisory Opinions in 2016 that provide advice for attorneys on the application of the Ohio Rules of Professional Conduct and the Supreme Court Rules for the Government of the Bar. Click on the opinion number to read the opinion. Opinion 2016-3 addressed Lawyer […]