OBLIC team members attended the ABA National Legal Malpractice Spring Conference in Charlotte, NC in early April. The conference kicked off with a session on legal professional liability risks on the horizon. With a panel representative of both professional liability carriers and private practitioners, the session identified claim trends and sought to anticipate and prepare […]
In early April, the Ohio Board of Professional Conduct issued its first two Advisory Opinions of the year. Last week’s article discussed Advisory Opinion 2025-1 regarding the confidential nature of uncertified grievance complaints and investigations. This article addresses Advisory Opinion 2025-2, Acquiring Mortgage Against Client’s Real Property to Secure Legal Fee. Advisory Opinion 2025-2 reviews […]
The Ohio Board of Professional Conduct issued its first advisory opinions of the year in early April: 2025-1 and 2025-2. This article discusses 2025-1 and next week’s article discusses 2025-2. Advisory Opinion 2025-1 re-examines the question of whether an attorney can disclose in an affidavit for disqualification the existence of a disciplinary grievance filed against […]
On March 5, 2025, the ABA Standing Committee on Ethics and Professional Responsibility issued Formal Opinion 515 A Lawyer’s Discretion to Report When a Client Commits a Crime Against the Lawyer or Against Someone Associated with, or Related to, the Lawyer. This Opinion presented four hypothetical situations where a lawyer is a victim of a […]
Lawyers’ fees vary significantly, impacted by geographic location, firm size and prestige, area of law, and other factors. In 2024, according to ALM Global, hourly rates reached a peak of over $2,400. However, Statistica reports that the national average falls between $200 and $400, consistent with average rates seen across Ohio. This indicates a wide […]
Questions about conflicts of interest are frequently asked through the Loss Prevention Hotline. While every situation is unique, this post presents steps to take for your conflicts check. USE A CLIENT INQUIRY FORM Always use a standard form to ensure that you collect the information you need for your conflicts check, without obtaining disqualifying information […]
You’ve received a request for a former client’s file. While your first reaction may be a groan, we hope the tips in this week’s email provide guidance that can simplify the process. Who is making the request? What is the status of the file? How to assemble documents to satisfy the request? What should I […]
In late 2024, the U.S. Courts Advisory Committee on Evidence Rules proposed amendments that seek to govern evidence generated by AI technology. There are three principal amendments proposed by the Committee: New Rule 707, which explicitly subjects AI-generated outputs to the same standards for a human expert witness as required by R. 702 (a) – […]
Using a file checklist supports prompt compliance with a lawyer’s ethical obligations and helps prevent missed deadlines. It will also facilitate best practices in client communication. The File Checklist takes the representation from the first client contact to the closing letter and disposition of the file. The specific steps in your File Checklist will depend […]
A New Year’s resolution worth considering is a well-structured File Retention Policy for your law practice. This policy will comply with legal and ethical obligations and enable you to serve your clients more efficiently. Here’s why a robust File Retention Policy is vital and the key elements it should encompass. What’s Included in a Lawyer’s […]