OBLIC is seeing an increasing trend in activity by care facilities seeking to surcharge a ward’s guardian for delay or alleged errors in filing Medicaid applications for the ward. Attorneys serving as guardians should be aware of the nursing home’s standing as an interested party when filing the final account. Guardians need to pay attention […]
The Ohio Medicaid Estate Recovery program seeks repayment for the cost of Medicaid benefits after the death of an individual who received Medicaid benefits. All the real and personal property owned by the Medicaid recipient at the time of death is subject to Medicaid recovery, regardless of whether it passed through probate court or not. […]
If you’re in private practice, you may have noticed new questions when you renewed your Ohio attorney registration last year. Amendments to Gov. Bar Rule VI, adopted in 2023, will be formally effective January 1, 2025. In part, these amendments require many attorneys to provide additional information to the Ohio Supreme Court at the time […]
This week we continue our discussion of the Ohio Rules of Professional Conduct Section VII. Information about Legal Services by looking at Prof.Cond.R. 7.5 Firm Names and Letterhead. OBLIC’s Loss Prevention Hotline often gets questions on the topic of law firm names including use of trade names and use of a retired or deceased partner’s […]
Triplines, landmines, and trap doors? Advertising legal services may seem fraught with peril. This week, we’re neutralizing the hazard with 10 tips for effectively and ethically advertising legal services in Ohio: Start with the Rules: Familiarize yourself with the Ohio Rules of Professional Conduct: Rules 7.1, 7.2, 7.3, and (new) Rule 7.4. These rules lay […]
This OBLIC Alert brings you three important developments for several areas of practice. CTA Updates from FinCEN Ohio Board of Professional Conduct Opinion 2024 -03 on Fee Agreements ABA Formal Opinion 510 on Avoiding Imputation of Conflicts of Interest CTA Updates from FinCEN On April 18, 2024, FinCEN updated its Beneficial Ownership Information Frequently Asked Questions […]
Just like Linda Ronstadt crooned, sometimes when they’re “No Good,” it’s time to end or avoid the relationship. If you’ve made that difficult decision, here are some best practices told through some of our favorite breakup songs to help guide you in declining and terminating representation of clients. “You Oughta Know” whether representation is impermissible […]
OBLIC continues to provide updated information and answer your questions on CTA. Beginning in December 2023, we informed that the Corporate Transparency Act launches January 1, 2024, what it requires and guidance on some practice considerations. In our January 2024 OBLIC Alert- Your Hotline Questions: CTA, we looked at whether a law firm has to […]
Questions to the OBLIC Hotline frequently involve a lawyer’s duty to report. These inquiries generally ask whether there is a duty to report a: Claim or potential claim Disciplinary matter Abuse Let’s discuss each of these! Duty to report a claim or potential claim VI. Notice of Claim or Suit, or Potential Claims of […]
This week features two updates related to law firm management. “Adult-choice” cannabis use and possession was passed by Ohio voters last November. The citizen-initiated statute went into effect late last year and the General Assembly has not modified it to date. The Division of Cannabis Control within the Ohio Department of Commerce has been tasked […]