OBLIC has often stressed the importance of good client communication, including succinctly and clearly informing clients in writing about legal fees for representation. Earlier this month, the ABA in Formal Opinion 505 addressed Fees Paid in Advance for Contemplated Services. As we report on this ABA Opinion, it is important to note the differences from […]
In this week’s OBLIC Alert, we have a couple of practical tips that coincide with suggested administrative tasks in this Spring’s Malpractice Alert. Remember that the Cyber Toolbox available to OBLIC policyholders is full of useful resources to help prevent a cyber breach. Multi-Factor Authentication or Two-Factor Authentication is an added layer of security that […]
Recent media coverage has highlighted remarkable achievements by AI programs, including the ability to write speeches, pass exams, and outperform Jeopardy! champions. These advancements are also making an impact on the legal industry. However, risk management professionals emphasize that it is crucial to approach these developments with caution. IBM defines Artificial Intelligence (AI) as a […]
This is part of our continuing series to share with you answers to questions we frequently receive from policyholders. Questions related to law firm names and letterhead often arise from: Retirement of attorneys Of counsel relationships Rebranding a law firm using a trade name Retirement of an attorney from a law firm presents several issues […]
Recently, Ohio lawmakers passed a criminal law omnibus bill that took effect earlier this month. Senate Bill 288 impacts dozens of areas of criminal and juvenile law, including updates on possession of drug paraphernalia and fentanyl testing strips, speedy trial law, sexual assault, record sealing and expungement, juvenile justice, and driving laws. Our recent Spring […]
Among OBLIC insured attorneys, the area of practice with the highest number of legal malpractice claims continues to be probate, estate and trust. Addressing the duties and conduct of estate fiduciaries is an important aspect to prevent claims for this area of practice. In this article, we review a fiduciary’s duties and role. Fiduciaries are […]
Limited Scope Representation has grown in popularity over the last decade. Proponents advocate that limited scope representation expands the public’s access to legal services, reduces the number of unrepresented litigants in court, and helps deliver better results to consumers. Also known as “unbundled legal services” or “discrete task representation,” the Ohio Rules of Professional Conduct […]
Our recent OBLICAlert recommended the use of proactive risk management when working with third-party contractors. One of the most important steps is verifying the confidentiality and cyber security protections utilized by those third parties, as discussed below. Ohio Adv. Op. 2009-6 indicates that while the Ohio Rules of Professional Conduct don’t prohibit outsourcing legal or […]
Managing a good relationship with your third-party contractors starts with proactively establishing clear expectations. Making sure that they have their own liability insurance can protect you and your clients in the event of an error. A consistent process when working with third-party professionals will help ensure a smoother relationship and compliance with Professional Conduct Rule […]
This Alert is Part 2 on new laws impacting various practice areas that take effect this spring. Below, we discuss changes enacted by SB 202 and HB 279 in custody, guardianship, probate, and negligence law. SB 202 takes effect on April 3, 2023. The legislation prohibits a person’s disability from being used as the sole […]