OBLIC news, events and updates.

In April the ABA’s Standing Committee on Ethics and Professional Responsibility issued a new advisory opinion– Formal Opinion 501. The Opinion addresses impermissible client solicitation by a lawyer and by others acting on a lawyer’s behalf under ABA Model Rule of Professional Conduct 7.3. The ABA Committee recognized that there are many individuals who may […]

This month Microsoft released security updates to address approximately 120 vulnerabilities in Windows and various other Microsoft products. The Cybersecurity & Infrastructure Security Agency (“CISA”) encourages users and administrators to review the updates and apply them as appropriate. Staying current on security updates is key to protecting you and your firm against cyber-attacks. According to […]

Malpractice claims in the practice areas of probate, estates, trusts & wills accounted for 46% of OBLIC closed claims in February 2022. Probate, estates, trust & wills continue to lead all other practice areas for claims. Avoid becoming part of this statistic by adopting the following Best Practices. Recognize Conflicts of Interest and Address Them […]

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 […]

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 […]

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. […]

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 […]

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 […]

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 […]

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 […]