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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: OBLIC Alerts

OSBAIA – Threats to your business come in all forms. Protect yourself like you protect your clients.

Article Resource  |  Posted on July 25, 2016 in: ArticlesOBLIC Alerts

Keep yourself protected no matter what kind of unforeseen incidents might arise. The Ohio State Bar Association Insurance Agency Business Owners Policy covers losses due to weather damage, computer crashes and failures, and auto accidents. With this kind of peace of mind you can focus on what’s important, protecting your clients while the Ohio State Bar Association Insurance Agency protects you.

CLICK HERE to get started!

 

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REMINDER – YOUR OBLIC POLICY PROVIDES CYBER BREACH COVERAGE

Article Resource  |  Posted on July 12, 2016 in: ArticlesOBLIC Alerts

Email scams take many forms, and attorneys are among those that are often targeted with ever-evolving, sometimes complicated schemes.  Face it, hackers view law firms as easy prey.  ”Phishing” schemes using data mined from public information to gain access to computer systems are on the rise, appearing as what might seem to be a legitimate email from a recognized organization.   For more information on how to avoid falling victim to a phishing attack, read this great article in Digital Guardian: https://digitalguardian.com/blog/phishing-attack-prevention-how-identify-avoid-phishing-scams

OBLIC provides cyber liability coverage as part of your lawyers professional liability policy.  Click here to read a summary of the coverage.  If your system is hacked, please contact OBLIC immediately!

OBLIC also has resources to help you avoid a cyber data breach.  Click here to access the Data Breach/Cyber Risk Management information, if you are a registered policyholder.

If reading the above article scared you a little (it should), and you believe you might want MORE or BROADER cyber coverage than OBLIC already provides, we sell additional cyber coverage to meet those needs.  Just call us!

If you have additional questions on this or any other loss prevention topic, please contact:

Gretchen Koehler Mote, Director of Loss Prevention

 

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NEW PROBATE FORMS TO TAKE EFFECT JULY 1, 2016

Article Resource  |  Posted on June 28, 2016 in: ArticlesOBLIC Alerts

The Ohio Supreme Court has adopted amendments to the Standard Probate Forms in the Rules of Superintendence for the Courts of Ohio, effective July 1, 2016.

The new probate forms will:

  • Form 21.6 permit a person applying for a name change to waive the public announcement requirement where such publication will jeopardize the applicant’s personal safety.
  • Forms 26.0 – 26.14 facilitate the involuntary treatment of alcohol and drug abusers.

Click here to read Probate Forms 21.6 and 26.0 – 26.14

If you have additional questions on this or any other loss prevention topic, please contact:

Gretchen Koehler Mote, Director of Loss Prevention

Ohio Bar Liability Insurance Company

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New Advisory Opinions Address Online Lawyer Referral Service and Conflicts for Legal Interns

Article Resource  |  Posted on June 21, 2016 in: ArticlesOBLIC Alerts

The Board of Professional Conduct of the Ohio Supreme Court recently issued two new advisory opinions.  Advisory Opinion 2016-3 Lawyer Participation in Referral Services gives guidance for lawyers using online lawyer referral services. Click here to read Opinion 2016-3.

Advisory Opinion 2016-4 Imputation of Conflicts involving Current and Former Legal Interns addresses conflicts of interest arising from a legal intern’s limited representation of clients in a law school legal clinic when the legal intern is simultaneously employed as a law clerk in a law firm.  Click here to read Opinion 2016-4.

If you have additional questions on this or any other loss prevention topic, please contact:

Gretchen Koehler Mote, Director of Loss Prevention

Ohio Bar Liability Insurance Company

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New Email Scam Alert!

Article Resource  |  Posted on June 10, 2016 in: ArticlesOBLIC Alerts

Various bar associations around the country have been alerted to an email scam that references in the subject line something similar to “Ethics Complaint” or “Bar Complaint”, or words to that effect.  It may also contain links or a return address referencing “complaints.”

DO NOT click on these links as they appear to be a “spearphishing” attempt to put ransomware on an affected computer. Delete such email immediately.  If you receive such an email and need further assistance, please contact OBLIC.

If you have additional questions on this or any other loss prevention topic, please contact:

Gretchen Koehler Mote, Director of Loss Prevention

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Transitioning Your Practice? Looking to Hire an Associate?

Article Resource  |  Posted on June 7, 2016 in: ArticlesOBLIC Alerts

The OSBA is rolling out a new Rural Practice Initiative (click to learn more) that provides grants and stipends for the training of new attorneys in rural counties of Ohio.

As a resource for our insureds, in both cities and rural areas, OBLIC is pleased to provide Links for Employers at the Career Services Offices of Ohio Law Schools, (click here).

For additional information on Succession Planning for Ohio Attorneys, (click here).

If you have additional questions on this or any other loss prevention topic, please contact:

Gretchen Koehler Mote, Director of Loss Prevention

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Career Services Links for Employers at Ohio Law Schools

Article Resource  |  Posted on June 6, 2016 in: OBLIC Alerts

Please click on the links below for more information.

University of Akron Law School

Capital University Law School

Case Western Reserve University Law School

University of Cincinnati College of Law

Cleveland-Marshall College of Law

University of Dayton School of Law

Ohio Northern University Pettit College of Law

Ohio State University Moritz College of Law

University of Toledo College of Law

 

 

 

 

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US Supreme Court Decision on AG Special Counsel

Article Resource  |  Posted on May 16, 2016 in: ArticlesOBLIC Alerts

In a unanimous decision, the U.S. Supreme Court found that Special Counsel to the Ohio Attorney General did not violate the FDCPA.  OBLIC is proud to have assisted its insured in achieving this landmark decision!

Click here to read more.

Gretchen Koehler Mote
Director of Loss Prevention
Ohio Bar Liability Insurance Company
Phone No.: 614.572.0620
www.oblic.com

 

 

 

 

 

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OFFICE SHARING DO’S & DON’TS

Article Resource  |  Posted on May 10, 2016 in: ArticlesDo's and Dont'sOBLIC Alerts

Do you practice in an office sharing arrangement?  Does your arrangement comply with the Rules of Professional Conduct?

Click here to read OBLIC OFFICE/EXPENSE SHARING:  DO’S AND DON’TS.

If you have additional questions on this or any other loss prevention topic, please contact:

Gretchen Koehler Mote, Director of Loss Prevention

Ohio Bar Liability Insurance Company Phone No.: 614.572.0620

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Office Sharing Caveat

Article Resource  |  Posted on April 26, 2016 in: ArticlesOBLIC Alerts
A recent decision from the U.S. District Court M.D. Tenn., highlights the importance of following the Rules of Professional Conduct regarding the name of a lawyer’s practice and the need for clarity in choosing the proper entity through which to practice.  In this case, the office sharing lawyers practiced under a name that listed their last names followed by “an Association of Attorneys.”

This designation would not be permissible pursuant to Comment [2], Rule 7.5 of the Ohio Rules of Professional Conduct.  Although this decision was revised prior to entry of final judgment, it presents an interesting discussion of vicarious liability issues. Click here to read the decision Wildasin V. Mathes.

If you have additional questions on this or any other loss prevention topic, please contact: Gretchen Koehler Mote, Director of Loss Prevention.

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Advisory Opinion On Lawyer’s Duty To Report Another Lawyer’s Misconduct

Article Resource  |  Posted on April 19, 2016 in: ArticlesOBLIC Alerts

The Board of Professional Conduct recently released an advisory opinion about a lawyer’s duty to report unprivileged knowledge of another lawyer’s misconduct.  With the release of Opinion 2016-2, the Board withdrew Advisory Opinion 1990-1.  The Opinion discusses Ohio Rules of Professional Conduct 8.3 and 1.6.  Click here to read Opinion 2016-2.

If you have additional questions on this or any other loss prevention topic, please contact:

Gretchen Koehler Mote
Director of Loss Prevention
Ohio Bar Liability Insurance
Company Phone No.: 614.572.0620

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Punitive Damages Award Can Be Imposed on Estate of Tortfeasor

Article Resource  |  Posted on April 5, 2016 in: ArticlesOBLIC Alerts
In an Opinion written by Chief Justice O’Connor, the Ohio Supreme Court held that where liability has been determined while the tortfeasor was alive,
punitive damages are available to the plaintiff after the tortfeasor’s death and may be imposed against the tortfeasor’s estate.  Click here to read Whetstone v Binner.
Gretchen Koehler Mote
Director of Loss Prevention
Ohio Bar Liability Insurance Company
Phone No.: 614.572.0620

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Ohio Ethics Guide on Client File Retention

Article Resource  |  Posted on March 31, 2016 in: ArticlesOBLIC Alerts

The Board of Professional Conduct of the Ohio Supreme Court issued the Ohio Ethics Guide on Client File Retention on March 18, 2016   To access this Ethics Guide click here http://www.supremecourt.ohio.gov/Boards/BOC/ethicsGuides/2016/ClientFileRetention.pdf.

To learn more about Client File Retention, plan to attend the session FuturePlan: Template for Succession Plan on Friday, April 29, 2016 at the All-Ohio Legal Forum. Click here to register http://www.allohiolegalforum.org/.

 

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Appellate Court Addresses Disqualification Issue for Probate Attorney

Article Resource  |  Posted on March 31, 2016 in: ArticlesOBLIC Alerts

The 8th District Court of Appeals recently reversed and remanded the decision of probate court to disqualify an attorney from representing the former executor of estate in complaint for concealment filed by successor administrator.  Click here to read the decision 2016-Ohio-934.

Gretchen Koehler Mote
Director of Loss Prevention
Ohio Bar Liability Insurance Company
Phone No.: 614.572.0620

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Sixth District Decision on Cognizable Event

Article Resource  |  Posted on March 8, 2016 in: ArticlesOBLIC Alerts

The Sixth District Court of Appeals in Lucas County recently affirmed the decision of the trial court finding that the statute of limitations barred appellant’s action for professional malpractice.  Citing Zimmie v. Calfee, Halter and Griswold, the court held that the cognizable event occurred when the appellant filed his motion to vacate his sentence based on ineffective assistance of counsel and the appellant was put on notice of a possible legal malpractice claim as of that date. Click here to read Smith v Candiello 2016-Ohio-844

 

 

 

 

 

 

 

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OBLIC is Here to Help!

Article Resource  |  Posted on February 23, 2016 in: ArticlesOBLIC Alerts

As an OBLIC insured attorney, what do you do if you discover a potential error in handling a client matter?

Contact OBLIC immediately! The OBLIC Ethics and Loss Prevention Hotline can assist with:

        Possible “claim repair” service
        What to say to your client
        Ethics issues
        Suggestions to prevent such occurrences in the future

Don’t wait until the situation spirals out of control! If you have any questions or concerns, call the OBLIC Ethics and Loss Prevention HOTLINE at 614-572-0620 or contact Gretchen Mote, Director of Loss Prevention, at gmote@oblic.com.

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More on Scams – BEWARE!

Article Resource  |  Posted on February 12, 2016 in: ArticlesOBLIC Alerts

OBLIC has learned of two new “twists” on internet scams for lawyers.

  1. Lawyer was involved with closing a legitimate transaction.  The day before the closing, lawyer received an email from the legitimate party’s email address, changing the instructions for wiring the money to a Malaysian bank.  It appears the legitimate party’s email was hacked.

Good loss prevention indicates that wiring instructions should be changed only with additional confirmation of the request.  The follow up should be via phone call to a known legitimate number or to another known email address.  It was only learned later that the legitimate party’s email was hacked, so verifying through the hacked email would not work!

    2.  The second scam involved debtors after discharge in bankruptcy.  The scammer would contact the debtor using PACER contact information and act as someone from the lawyer’s office.  The scammer would represent that they had settled a debt to avoid the bankruptcy being revoked and that the client had to pay immediately or all the debt would be owed again.

For loss prevention, be aware of this scam if you handle bankruptcy and warn your clients about it in your post-discharge.

Ongoing scams are ever-evolving for lawyers and their clients.  If you have ANY questions about potential scams, please contact Gretchen Mote, OBLIC Director of Loss Prevention at gmote@oblic.com or 614-572-0620.

 

 

 

 

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SCAMS have “gone local”

Article Resource  |  Posted on February 12, 2016 in: OBLIC Alerts

Good loss prevention indicates that wiring instructions should be changed only with additional confirmation of the request.  The follow up should be via phone call to a known legitimate number or to another known email address.  It was only learned later that the legitimate party’s email was hacked, so verifying through the hacked email would not work!

2.  The second scam involved debtors after discharge in bankruptcy.  The scammer would contact the debtor using PACER contact information and act as someone from the lawyer’s office.  The scammer would represent that they had settled a debt to avoid the bankruptcy being revoked and that the client had to pay immediately or all the debt would be owed again.
For loss prevention, be aware of this scam if you handle bankruptcy and warn your clients about it in your post-discharge.
Ongoing scams are ever-evolving for lawyers and their clients.  If you have ANY questions about potential scams, please contact:
Gretchen Koehler Mote
Director of Loss Prevention Ohio Bar Liability Insurance Company Phone No.: 614.572.0620

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SCAMS have “gone local”

Article Resource  |  Posted on August 19, 2015 in: ArticlesOBLIC Alerts

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 Nova Scotia.  Fortunately, the attorney called OBLIC and DID NOT deposit the check, determining the ntire scheme was in fact a fraud.

Even representing seemingly local businesses now requires extra diligence!  If you have any questions at all, please do not hesitate to call Gretchen Mote, OBLIC Director of Loss Prevention, at 614-572-0620.

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ABA Opinion on what papers lawyers have to return to former clients

Article Resource  |  Posted on July 8, 2015 in: ArticlesOBLIC Alerts

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 of Professional Conduct) is noted in the ABA Opinion and can be read here Opinion 2010-002.

These opinions highlight the need for lawyers to develop good document management policies. For more information, see What Do I Do with Closed Client Files? on the OBLIC website https://www.oblic.com/resource-articles/malpractice-alerts/2013/06/01/what-do-i-do-with-closed-client-files/

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7th District Court of Appeals Decision – Jackson v Rohrbaugh 2015-Ohio-2112

Article Resource  |  Posted on June 5, 2015 in: Court DecisionsOBLIC Alerts

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.  Jackson v Rohrbaugh 2015-Ohio-2112.  To review, click: Jackson v Rohrbaugh 2015-Ohio-2112

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