OBLIC news, events and updates.
IOLTA Reminders & Resources
Mishandling client funds is the second most common cause for lawyer discipline, second only to neglect of client matters. Last month the Ohio Supreme Court suspended two lawyers for conduct that included management of client funds. See, Disciplinary Counsel v. Darling and Disciplinary Counsel v. Smith. Here are some reminders to avoid disciplinary problems involving […]
Case Law Update – Oil and Gas Drilling Rights
The Supreme Court of Ohio recently decided two cases addressing oil and gas drilling rights In a unanimous opinion, the Court held in Fonzi v Brown, Slip Opinion No. 2022-Ohio-901 that based on the particular facts of these cases, the surface landowners did not exercise reasonable diligence in attempting to identify all holders of mineral […]
Best Practices – Dealing with Difficult Clients
The question of how to deal with a difficult client is something we address frequently with our insured lawyers. The best advice we can give is to trust your instincts and avoid getting involved with these clients in the first place. However, a difficult client is not always easy to spot before undertaking the representation. […]
Dealing with Perplexing Practice Problems
Lawyers often face perplexing practice problems. OBLIC has resources to help. Give us a call if you face any of these problems: If you received a grievance from the local bar grievance committee or a letter of inquiry from the Office of Disciplinary Counsel: You may think the complaint is meritless and will be quickly […]
Practice Tip: Check Courtroom Rules and Standing Orders
As the Covid numbers continue to drop and restrictions ease, we anticipate more cases will be going to trial in 2022. Before gearing up for trial, remember to check for any courtroom rules and standing orders that the judge has issued. In addition to the local rules issued for each court, each judge within that […]
Probate Practice Changes
Recent changes adopted by the Ohio Supreme Court may impact your probate practice. These changes are: Updates to Standard Probate Forms Effective February 1, 2022 The Court adopted Amendments to the Rules of Superintendence of the Courts of Ohio for Probate Forms 7.0, 21.6, and 66.05 and Sup. R. 66.05 to update certain forms as […]
Avoid Settlement-Related Malpractice Claims Through Good Client Communication
Recent nationwide legal malpractice claims statistics indicate a noticeable increase in legal malpractice claims arising out of settlement advice. These claims alleging that lawyers provided poor settlement advice may: Allege that the lawyer’s conduct reduced the settlement value of the case (a “settle and sue” case). Allege that the lawyer improperly recommended that the client […]
HOTLINE QUESTIONS- Considerations When Outsourcing
Recently we have received a number of calls through our Loss Prevention Hotline from lawyers considering outsourcing as a way to develop a practice area or manage overhead expenses. If you are considering an outsourcing arrangement, here are some ethical obligations to keep in mind: Communication, Confidentiality, and Conflicts Lawyers must consult with clients about […]
Final Public Comment Period for Proposed Rule Changes Closing February 21
The second and final public comment period for the proposed changes to Ohio’s civil, criminal, evidence, juvenile and traffic rules will close on February 21, 2022. The proposed changes are published here on the Ohio Supreme Court’s website. The changes include recommendations from the Supreme Court’s iCourt Task Force. The current proposal also includes revisions […]
Cybersecurity Incident Response – The Four Phase Plan
In our October Cybersecurity Awareness Month series, we recommended developing an Incident Response Plan (“IRP”) to mitigate the risk that a cyber-attack will result in the disclosure of confidential client data. Please read our Basics of the IRP Four Phase Plan for Lawyers, which offers suggestions on how to develop a plan using the four […]
