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Resource Articles

Below are articles, presentations and other resources that we have found to be incredibly helpful for our policyholders. Please note, if you are a current policyholder, please login to view the entire article. If you are not a current policyholder, you can view a short excerpt or description but will not be able to view the full resource. View all resource articles.

Viewing Category: Malpractice Alerts Archived

Gov. Bar R. V Disciplinary Procedure Amendments Effective January 1, 2015

Article Resource  |  Posted on February 6, 2015 in: Malpractice AlertsMalpractice Alerts Archived

Following a two-year review process, the Supreme Court adopted amendments to Gov Bar R. V. Amendments in Sections 1-3 change the name of the Board of Commissioners on Grievances and Discipline to the Board of Professional Conduct. Sections 5 and 6 contain several notable changes regarding jurisdiction and operation of certified grievance committees.

Other significant changes were made to former Section 8(F), now Section 26 File Inventories that at (A) eliminate the 60 day period to commence a file inventory, (C) allow costs of certain file inventories may be recovered from a disciplined attorney or the estate of a deceased lawyer, and (E) provide that inventoried files in possession of disciplinary counsel may be destroyed after 7 years.

A complete copy of Gov. Bar R. V is available on the website of the Supreme Court of Ohio, www.sconet.state.oh.us/Boards/BOC.

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“Best Practices:” Firm Names and Letterheads

Article Resource  |  Posted on December 16, 2014 in: Malpractice AlertsMalpractice Alerts Archived

This issue of MALPRACTICE ALERT! will begin a series of “Best Practices” articles that will take an in-depth look at a topic and provide information and resources to give lawyers ways to optimize their practice.  The “Best Practices” article in this issue will focus on Firm Letterheads and Firm Names.

My thanks to Heidi Dorn of the Board of Commissioners on Grievances and Discipline and Gene Whetzel, OSBA General Counsel, for their review and comments on this article.

Last summer MALPRACTICE ALERT! addressed What Do I Do With Closed Client Files?  That helpful article is available on the OBLIC website and will be added to the “Best Practices” series.

I hope the “Best Practices” series will answer many questions that come up as lawyers open a practice or transition to another firm.    If you have a topic for consideration as an article for MALPRACTICE ALERT! please let me know.  OBLIC is here for you!

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Technology Update

Article Resource  |  Posted on May 15, 2014 in: Malpractice AlertsMalpractice Alerts Archived

Information has circulated for months, but as of April 8, 2014 Microsoft reached “end of support” for Windows XP.  If you use Windows XP for your operating system and haven’t upgraded to Windows 7 or Windows 8, now is the time to act!  The issue here is security of your data.  Without the regular Windows Update, your system will become even more vulnerable.

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FTC Can Proceed In Data Breach Case

Article Resource  |  Posted on May 15, 2014 in: Malpractice AlertsMalpractice Alerts Archived

An opinion by the US District Court of New Jersey, filed April 7, 2104, denied the motion to dismiss of Wyndham Hotels and allowed the Federal Trade Commission (the FTC) to bring claims under the Federal Trade Commission Act in the data security context.

The FTC alleged Wyndham violated the prohibition in Sec 5(a) of Federal Trade Commission Act, 15 USC Sec 45(a), of “acts or practices in or affecting commerce that are unfair or deceptive.”

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Case Law Of Note

Article Resource  |  Posted on May 15, 2014 in: Malpractice AlertsMalpractice Alerts Archived

In a recent 4-3 decision, Daniel v Daniel, Slip Opinion No. 2104-Ohio-1161, the Ohio Supreme Court held that unvested military benefits earned during marriage fall within the definition of marital property in Ohio Revised Code 3105.171 (A)(3)(a) and must be considered for division under Ohio Revised Code 3105.171 (C).

Justice O’Neill, writing for the majority, said the statute does not distinguish between vested or unvested retirement benefits. He noted that the Ohio Supreme Court in Hoyt v. Hoyt, 53 Ohio St.3d 177(1990) held that vested pension benefits are marital property.  However, the Court had never addressed unvested benefits in this context.

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“Thank you!” to each of you for having us as your lawyers’ professional liability insurer.

Article Resource  |  Posted on February 17, 2014 in: Malpractice Alerts Archived

As we move from the holiday season to a new year, we often reassess the past year and implement plans for the future. It’s a good time to remember to say “thank you” to those who have made a difference for us. Although it’s appropriate anytime, it’s especially nice now to put a note of thanks at the bottom of invoices or in client letters, thanking your clients for choosing you to provide legal services.

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Electronic Tickets Facilitated By Traffic Rule Changes

Article Resource  |  Posted on February 17, 2014 in: Malpractice AlertsMalpractice Alerts Archived

Amendments to Rule 3(F) of the Ohio Traffic Rules effective January 1, 2014 provide that a ticket produced by a computer or other electronic means shall not require the signature of the defendant. This change clears up the current rule which is unclear whether the signatures of both defendant and law enforcement officer are required.

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Reminder About New CLE Rules

Article Resource  |  Posted on February 17, 2014 in: Malpractice AlertsMalpractice Alerts Archived

As first reported in the July/August issue of MALPRACTICE ALERT!, changes to Rule X of the Rules for the Government of the Bar of Ohio and the Government of the Judiciary of Ohio for CLE requirements went into effect on January 1, 2014. Attorneys and judges whose last names begin with M to Z, whose biennial compliance period ends December 31, 2014, will be the first to whom the new CLE amendments will apply.

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OBLIC Presents Online CLE Course

Article Resource  |  Posted on February 17, 2014 in: Malpractice Alerts Archived

OBLIC partnered with the Ohio State Bar Association to present Grace Under Pressure:  Dealing With Difficult Clients, Attorneys and Judges. This online self-studyprovides 2.5 hours of CLE to address ethics and professionalism issues attorneys face with challenges from clients, attorneys and judges that complicate the representation.

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Update on Internet Scams

Article Resource  |  Posted on February 15, 2014 in: Malpractice AlertsMalpractice Alerts Archived

Ohio Disciplinary Counsel Scott Drexel warned of the dangers of email scams for attorneys in a recent article, “How to Avoid Becoming a Victim of Email Scams.” You may read the article and watch the video on the Ohio Supreme Court website at www.sconet.state.oh.us. Click on CNO to view the article under January 23, 2014.

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Letterhead Questions Answered

Article Resource  |  Posted on January 4, 2013 in: Malpractice Alerts Archived

With each renewal application, OBLIC requires a sample of the current letterhead. While OBLIC is not the “ethics police,” we want to assist our policyholders in complying with the Ohio Rules of Professional Conduct, specifically Rules 7.1 and 7.5.

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Are You In Compliance With IRS Section 6050W?

Article Resource  |  Posted on January 4, 2013 in: Malpractice Alerts Archived

In response to that question, you may well ask, “What is IRS Section 6050W and what does it have to do with me?” If you don’t accept credit cards, you can stop reading now. If you do accept credit card payments, you should be aware that Section 3091(a) of the Housing Assistance Tax Act of 2008 added section 6050W to the Internal Revenue Code.

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Board Opinion Provides Guidance For Ohio Lawyers On Non-recourse Civil Litigation Advance Contracts

Article Resource  |  Posted on January 4, 2013 in: Malpractice Alerts Archived

Opinion 2012-3, issued by the Board of Commissioners on Grievances and Discipline of the Ohio Supreme Court on December 7, 2012, sets out the ethical obligations for Ohio lawyers if a client pursues a non-recourse civil litigation advance regulated by Ohio Revised Code 1349.55. First, the Opinion advises that Ohio lawyers may inform clients of such advances offered by alternative litigation finance (ALF) providers.

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Professionalism Series Premiered

Article Resource  |  Posted on January 4, 2013 in: Malpractice Alerts Archived

The Ohio Supreme Court Commission on Professionalism recently released the first in a series of “best practices” publications called Professionalism Dos and Don’ts. The initial publication topic is “Depositions” and provides tips for a lawyer scheduling, conducting or attending a deposition. The Commission hopes the series will promote professionalism among Ohio lawyers.

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Scams Continue To Bombard Attorney Emails

Article Resource  |  Posted on January 4, 2013 in: Malpractice Alerts Archived

OBLIC policyholders are informing us that they continue to receive scam email requests from foreign entities or individuals to assist these potential “clients” in collecting a debt. The scam usually requires the attorney to receive or accept a “check” from a corporation or individual, deposit the “check” in the attorney’s own bank account, deduct the attorney’s fee and send a check from the attorney’s account to the “client” or a third party.

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Supreme Court Addresses Website Offer Of “FREE Consultation”

Article Resource  |  Posted on January 4, 2013 in: Malpractice Alerts Archived

The Ohio Supreme Court recently issued a public reprimand to two lawyers who had advertised on their website for a “free consultation” without disclosing that they would begin billing for that initial meeting once the prospective client had signed a fee agreement. (See Cincinnati Bar Association v. Mezher, Ohio, No 2012-0684, 12/3/12).

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Ohio Supreme Court Lawyer To Lawyer Program Seeks New Mentors

Article Resource  |  Posted on September 1, 2011 in: Malpractice Alerts Archived

The Lawyer to Lawyer Mentoring Program of the Ohio Supreme Court is recruiting new mentors. The program, which pairs a newly admitted attorney with an experienced attorney, provides training and materials to assist the experienced attorney in guiding the newly admitted attorney through topics that fulfill 9 of the 12 required hours of the New Lawyer Training requirement.

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Rule 7.5 Sets Requirements For Firm Names And Letterheads

Article Resource  |  Posted on September 1, 2011 in: Malpractice Alerts Archived

Ohio Rule of Professional Conduct Rule 7.5 requires that “A lawyer shall not use a firm name, letterhead or other professional designation that violates Rule 7.1.” It further specifies that “A lawyer in private practice shall not practice under a trade name, a name that is misleading as to the identity of the lawyer or lawyers practicing under the name, or a firm name containing names of other than those of one or more of the lawyers in the firm, except that the name of a professional corporation or association, legal clinic, limited liability company, or registered partnership shall contain symbols indicating the nature of the organization as required by Gov. Bar R. III.”

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Ohio Supreme Court Adopts And Revises Probate Forms

Article Resource  |  Posted on September 1, 2011 in: Malpractice Alerts Archived

Effective September 1, 2011, the Ohio Supreme Court adopted new Probate Form 45(D) – Confidential Disclosure of Personal Identifiers. This form is to be used in probate courts to comply with Sup. Rule 45(D) that requires parties filing a case document to omit any personal identifiers from the document and include them on a separate form.

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