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The OBLIC Loss Prevention Hotline continues to receive numerous questions regarding closed files.  You can access a helpful article addressing closed files in this previous issue of  the MALPRACTICE ALERT! found on the OBLIC website. https://www.oblic.com/resource-articles/malpractice-alerts/2013/06/01/what-do-i-do-with-closed-client-files/ Remember, it’s a good idea to address in the fee agreement at the outset of representation how the client’s […]

OBLIC and the OSBA recently partnered during the OSBA Fall District Meetings to present a 2.5 hour professional conduct CLE, Using “Best Practices” to Enhance Your Law Practice, featuring OBLIC Director of Loss Prevention Gretchen Mote. This presentation examined how lawyers attract and retain clients, and provided helpful hints to improve the attorney/client relationship from […]

OBLIC recently learned scams have “gone local.”  An Ohio attorney was contacted by someone purporting to be a local company in the area to collect a debt from another local company.  Before the attorney could even send a demand letter, he received a six figure check from the purported debtor drawn on the Bank of […]

The ABA just issued an Opinion clarifying a lawyer’s ethical duty to provide a former client with papers and property pursuant to Model Rules 1.15 and 1.16. This Opinion (ABA Formal Opinion 471) offers some practical considerations and can be read here http://www.abajournal.com/files/aba_formal_opinion_471(7-1-15).pdf Opinion 2010-2 of the Ohio Board of Commissioners on Grievances and Discipline (now Board […]

The Ohio Supreme Court recently ruled that holders of mineral interests, after a notice of abandonment of mineral rights was filed by the surface owners, preserved oil and gas drilling rights by following steps in the 2006 Dormant Mineral Act. Dodd v. Croskey, Slip Opinion 2015-Ohio-2362

The Supreme Court of Ohio issued the initial publication for comment of proposed amendments to Rules 1.0, 1.1, 1.4, 1.6, 1.12, 1.17, 1.18, 4.4, 5.3, 5.5, 7.1, 7.2, 7.3, and 8.5 of the Ohio Rules of Professional Conduct on September 15, 2014. Public comments were accepted by the Court until October 15, 2014. An additional amendment to […]

A recent 7th District Court of Appeals case noted that judicial estoppel may not be used to defeat a legal malpractice claim where the client’s “statement” was allegedly given as a result of the claimed bad advice of counsel.  To review, click: Jackson v Rohrbaugh 2015-Ohio-2112

  Recent decisions from several appellate courts highlight the reasons why well-written fee agreements, engagement letters and dis- engagement letters are important. In each of these decisions a concise statement of the representation was lacking. In Nature’s Grove Development, LLC v. Thomas Law Offices, LLC, 2015-Ohio-835, decided March 2, 2015, the Seventh District Court of […]

For OSBA Convention CLE Course Materials, click on the seminar title. Thursday, April 30, 2015 9:00 – 10:00 AM Best Practices for Busy Attorneys: Dealing With Stress and Depression Speaker: Scott R. Mote, Executive Director, Ohio Lawyers Assistance Program Young Lawyers Section 1.0 Professional Conduct / NLT CLE Hour 10:30 – 11:30 AM Best Practices […]

A lawyer needs to have legal malpractice insurance (also called lawyers professional liability insurance or LPL coverage) OR inform a client that she/he does not have malpractice insurance at the time of the client’s engagement or at ANY time subsequent to the engagement if the lawyer does not maintain such insurance. (See Ohio Rule of […]