OBLIC news, events and updates.
Hotline Questions: Flat Fee Agreements
Questions about fee agreements are frequently asked on the OBLIC Hotline. Flat fee agreements seem especially problematic. Let’s take a closer look at these fee agreements. Rule 1.5 of the Ohio Rules of Professional Conduct governs fees and expenses. The rule provides that: A lawyer shall not make an agreement for, charge, or collect an […]
IOLTA Changes You Want to Know
A new law took effect April 12, 2021 that creates a new category of unclaimed funds called Attorney Unclaimed Funds in the Ohio Department of Commerce Division of Unclaimed Funds. These Attorney Unclaimed Funds are: unclaimed IOLTA funds held pursuant to 4705.09 ORC, unclaimed IOTA funds held pursuant to 3953.231 ORC, and unclaimed residual settlement […]
New Domestic Violence Protection Orders
New Domestic Violence Protection Orders went into effect April 15, 2021. These forms were last updated in 2014. If you have the old forms in your system, you will need to replace them. The new forms are available in Adobe PDF or Microsoft Word format, and in languages other than English, on the Supreme Court […]
Case Law Update
Two recent decisions from the Ohio Supreme Court address developing issues in Ohio law. The opinions discuss 1) the Ohio Marketable Title Act relating to issues in property law concerning reservations of mineral rights and 2) an Ohio administrative law dealing with a peremptory writ of mandamus. In Erickson v. Morrison, Slip Opinion No. 2021-Ohio-746, […]
Business Succession Planning: Protecting IT & Assets
This article is the third in the series on Business Succession Planning. It will discuss steps to protect your IT systems and how to establish a disaster recovery/business continuity plan for your office. As more lawyers rely on technology to practice, there has been an increase in cyber-attacks and scams, and COVID-19 raised the bar […]
Hotline Questions: Probate Conflicts of Interest
During the past year, COVID-19 has left its mark on the legal profession. Due to the nature of the pandemic, lawyers in the probate, estate and trust area of practice have been busy. In that area of practice potential or actual conflicts of interest often arise and must be handled appropriately. Whether lawyers work as […]
Tech Update – Moving Away from Internet Explorer
We want to make you aware now that beginning August 17, 2021, Microsoft will no longer support Microsoft Internet Explorer for Microsoft online services such as Office 365, OneDrive, and Outlook. If you use Internet Explorer (IE) as your browser for your email and internet search engine, you will need to install another browser. Options […]
Deciphering Conflicts of Interest
Perhaps one of the most puzzling issues practicing lawyers deal with is determining if there is a conflict of interest that will affect their representation. On February 10, 2021 the American Bar Association Standing Committee on Ethics and Professional Responsibility issued Formal Opinion 497 – Conflicts Involving Materially Adverse Interests to address conflicts involving representing […]
Business Succession Planning: Designating a Successor Attorney
This article is the second in the series on Business Succession Planning. The first article covered Business Succession Planning: Mapping Your Road to Retirement. This article will discuss implementing a plan for the unexpected disability, disappearance, discipline, or death of an attorney in your firm. While the Ohio Rules of Professional Conduct do not mandate […]
Hotline Questions: What to Do with Client Files?
What to do with client files is one of the most-asked questions to the Hotline. OBLIC has offered guidance on the importance of record retention in managing client files, sending file closing letters and returning files to clients at the conclusion of representation. See OBLICAlert 5 8 2020, OBLIC Alert 11 1 2019, OBLICAlert 4 […]