Announcing a new coverage available today! In response to the employment exposures revealed by the #MeToo movement and the expanded attention on best employment practices, consider protecting your law firm. Employment Practices Liability Insurance (EPLI) protects law firm management and staff against claims of wrongful termination, hiring, discrimination (age, sex, race, disability, etc.) or sexual harassment from […]
Interesting insight is available in the 2018 Legal Trends Report issued by CLIO. CLIO is one of the practice management tools and services of the Ohio State Bar Association. The report looks at indicators of law firm success, what clients look for when hiring an attorney and how client satisfaction impacts business. It’s no surprise that […]
At this time of year, we at OBLIC pause to express our appreciation for the opportunity to be of service to you! To give thanks for those who enrich our lives & to count our blessings!
ABA Formal Opinion 483, just issued October 17, 2018, explains Lawyers’ Obligations After an Electronic Data Breach or Cyberattack. This Opinion continues the discussion begun in ABA Formal Opinion 477R Securing Communication of Protected Client Information, that it is a lawyer’s ethical responsibility to use reasonable efforts when communicating client confidential information using the internet. Opinion 483 indicates that the […]
Over the years OBLIC has encountered numerous claims caused by a blown deadline, often relating to the filing of a Complaint or perfecting an appeal. In some instances, attorneys believed the relevant deadline was met, or would be met, based on a representation by court personnel that action would be or had been timely taken […]
In an opinion decided on September 25, 2018, the Ohio Supreme Court, with Chief Justice Maureen O’Connor writing for the majority, concluded “that an oil-and-gas lease falls within the definition of “real estate” in R.C. 4735.01(B), the negotiation of which requires a real-estate-broker’s license pursuant to R.C. 4735.01(A) and 4735.02(A).” In its analysis, the Court […]
The Ohio Data Protection Act, Sec. 1354.01-1354.05 Ohio Revised Code, becomes effective November 2, 2018. It institutes a safe harbor for a business that is proactive in establishing a written cybersecurity program that conforms to the NIST Cybersecurity Framework. The Act provides an affirmative defense to a tort action brought under state law or in state […]
OBLIC receives lots of questions about “tail” insurance. Retirement, practice transitions such as becoming a judge, or death of an attorney are some of the situations giving rise to those questions. Here are some quick “Tail” Tips: “Tail” is the popular name for an Extended Reporting Endorsement. It extends the time in which a claim […]
An Opinion and Order issued July 25, 2018, by the U.S. District Court, N.D. Ohio, in Consumer Financial Protection Bureau v. Weltman, Weinberg & Reis Co., L.P.A. found that the firm did not violate the Fair Debt Collection Practices Act (the FDCPA) by misrepresenting the level of attorney involvement in demand letters and calls to consumers. The Court […]
Several amendments to the Ohio Rules of Civil Procedure impact the unbundling of legal services. The amendments to Civil Rule 3 (B) and Civil Rule 5 are meant to encourage attorneys to assist pro se parties on a limited basis without undertaking full representation of the client on all issues in the legal matter. New […]