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.
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 […]

Supreme Court: Lawyers Were Not In Privity With Minority Shareholders
Posted on August 1st, 2007

The Ohio Supreme Court recently reversed, in part, an appellate decision that held that attorneys for a majority shareholder were in “privity” with the minority shareholders. The majority shareholder had sold her stock in the closely held corporation to a grandson. The minority shareholders included two of her children, who did not learn of the […]

Ethics Newsletter Available
Posted on August 1st, 2007

The law firm of Bricker & Eckler’s recently- introduced newsletter, The Legal Professional, is available free of charge via email. This newsletter will provide readers with updates and explanations of legal ethics rules and the effect they have on individual lawyers, law firms, in-house corporate counsel, government lawyers and other legal service organizations. To receive […]

“Double Dismissal” Ruled Clarified
Posted on August 1st, 2007

The Ohio Supreme Court recently ruled that the “double dismissal” rule only applies to suits dismissed under Civil Rule 41(A)(1)(a), a voluntary dismissal by the plaintiff prior to commencement of trial. A plaintiffcan only take one 41(A)(1)(a) dismissal, as that rule states in part that “a notice of dismissal operates as an adjudication upon the merits of […]

“Professional Services and Title Agents”
Posted on August 1st, 2007

ProNational Insurance Company insured the law firm of Davis & Meyer, Ltd., an Ohio law firm, for “Professional Services” rendered or that should have been rendered to clients. Included in the definition of “Professional Services” was the following: “Professional services also means services (including title opinions or title certifications) performed by an Insured for others […]