Valuable resources for
our valued policyholders.

Below are articles, presentations and other resources that we found to be insightful and think could be incredibly helpful for our current policyholders.
Fee Agreement Letter
Posted on January 19th, 2010

This is a sample fee agreement letter that you may utilize within your practice or however you may deem necessary.

Liability For Payments Received By A Client For Which Medicare Claims Reimbursement
Posted on November 1st, 2009

Attorneys who represent claimants in personal injury actions need to keep in mind that if any medical treatment was paid for by Medicare, then Medicare has an interest in proceeds of a settlement, and in addition, has very broad claims for reimbursement of the same. The regulations implementing the government’s right of recovery state that […]

Legal Malpractice Decision May Create Problems for Plaintiff Medical Malpractice Claimants
Posted on November 1st, 2009

The Ohio Supreme Court recently determined that a legal malpractice claim must be filed against the lawyers individually who committed the malpractice. Filing suit against a law firm, without naming the lawyers for which the firm may be vicariously liable, was not adequate, Nat. Union Fire Ins. Co. of Pittsburgh, PA v. Wuerth, et al., […]

Disaster Planning Handbook Available
Posted on September 1st, 2009

The 2009 Law Office Management Handbook, Disaster Planning for Lawyers: Being Prepared When Catastrophe Strikes is available on the OBLIC website at www.oblic.com. These materials were provided in conjunction with the seminar on this topic presented at the OSBA Annual Convention. We hope you will find this information helpful to your practice.

Ohio Supreme Court Confirms That Plaintiffs Must Prove The Underlying Case Would Have Been Successful
Posted on September 1st, 2009

The Ohio Supreme Court resolved any questions with respect to whether or not its 2008 decision in Environmental Network Corp. v. Goodman Weiss Miller LLP, 119 O.S.3d 209, 2008-Ohio-3833, (hereinafter referred to as “ENC”) applied only to legal malpractice claims where a client complained about the settlement of the case giving rise to a malpractice claim. […]

Malpractice “TRAP” Still Exists For 41A Dismissals-Wrongful Death
Posted on September 1st, 2009

In 2004, the General Assembly closed a malpractice “trap” that was contained in the general savings statute, RC 2305.19. Prior to that change, a complaint that had been dismissed under Civil Rule 41A had to be re-filed either within one year from the date of the voluntary dismissal, or within the original terminating date of […]

Law Firm Cannot Commit Malpractice
Posted on September 1st, 2009

The Ohio Supreme Court recently decided Natl. Union Fire Ins. Co. v. Wuerth, et al., 2009-Ohio-3601. In that case, the insurance company plaintiff sued a law firm for malpractice. The Court answered two questions presented to it by the United States Court of Appeals for the Sixth Circuit. The Court first found that a law […]

Coverage Matters: Investment Advice
Posted on August 1st, 2008

A recent CLE seminar promoted learning the basics of investing, including topics such as stock selection, mutual fund investing, selection of a stock broker, etc., for your firm, yourself, and “your clients.” Lawyers may wish to exercise caution before assuming that any investment advice or assistance they provide to clients is a covered activity under […]

Attorneys May Be Liable For Unauthorized Disclosure Of Medical Information Obtained In Litigation: Ohio Supreme Court
Posted on August 1st, 2008

In Hageman v. Southwest Gen. Health Ctr., et al., Slip Opinion 2008-Ohio-3343, the plaintiff produced his psychiatric records pursuant to discovery in a divorce/child custody dispute. Criminal assault charges were also pending against the plaintiff regarding allegations made by his ex-wife. The attorney for the plaintiff’s ex-wife provided those records to the prosecutor upon request. Mr. […]

Claimants Should Not Receive A Windfall In Claims Against Lawyers: Ohio Supreme Court
Posted on August 1st, 2008

The Ohio Supreme Court recently considered who should have the burden of proof regarding collectible damages in a legal malpractice case when the claim involves the value or amount of a “lost” claim giving rise to the malpractice action. In Paterek v. Petersen & Ibold, Slip Opinion No. 2008-Ohio-2790, the Court followed the majority of […]