Valuable resources for
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BOARD OF PROFESSIONAL CONDUCT OPINIONS
On February 10, 2017, the Board of Professional Conduct issued two opinions: Opinion 2017-1 Advertisement of Contingent Fee Arrangements and Opinion 2017-2 Duty of Judge to Report Misconduct. Opinion 2017-1 advises that a lawyer who advertises litigation services on a contingent fee basis may not use statements such as: “There’s no charge unless we win […]
OHIO DIGITAL ACCESS ACT
Am. Sub. H.B. 432, as adopted by the 131st Ohio General Assembly, takes effect on April 6, 2017. This legislation enacts the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADA), Ch 2137 Ohio Revised Code, to provide for continued access or control over digital assets when the owner of those assets dies or becomes […]
Sample Collection Letter
If you are a registered policyholder, please click on Download this File to view the sample letter.
SUCCESSION PLANS FOR YOUR PRACTICE
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 […]
NEGLIGENT MISIDENTIFICATION DOES NOT EXIST IN OHIO
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 […]
SUPREME COURT DECIDES CASES ON CAT TAX FOR ONLINE RETAILERS
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 […]
Malpractice Alert Nov/Dec 2016 – Opinion 2016-8
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 […]
Malpractice Alert Nov/Dec 2016 – Opinion 2016-7
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 […]
Malpractice Alert Nov/Dec 2016 – Opinion 2016-6
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 […]
Malpractice Alert Nov/Dec 2016 – Opinion 2016-5
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, […]
