OBLIC news, events and updates.
New ABA Formal Opinion: Lawyer-Victim Can Disclose
On March 5, 2025, the ABA Standing Committee on Ethics and Professional Responsibility issued Formal Opinion 515 A Lawyer’s Discretion to Report When a Client Commits a Crime Against the Lawyer or Against Someone Associated with, or Related to, the Lawyer. This Opinion presented four hypothetical situations where a lawyer is a victim of a […]
When Fees Become Excessive: Lessons from Disciplinary Cases
Lawyers’ fees vary significantly, impacted by geographic location, firm size and prestige, area of law, and other factors. In 2024, according to ALM Global, hourly rates reached a peak of over $2,400. However, Statistica reports that the national average falls between $200 and $400, consistent with average rates seen across Ohio. This indicates a wide […]
Best Practices – Checking for Conflicts of Interest
Questions about conflicts of interest are frequently asked through the Loss Prevention Hotline. While every situation is unique, this post presents steps to take for your conflicts check. USE A CLIENT INQUIRY FORM Always use a standard form to ensure that you collect the information you need for your conflicts check, without obtaining disqualifying information […]
Four Steps to Responding to a Client File Request
You’ve received a request for a former client’s file. While your first reaction may be a groan, we hope the tips in this week’s email provide guidance that can simplify the process. Who is making the request? What is the status of the file? How to assemble documents to satisfy the request? What should I […]
Proposed Evidence Rules Tackle AI Evidence
In late 2024, the U.S. Courts Advisory Committee on Evidence Rules proposed amendments that seek to govern evidence generated by AI technology. There are three principal amendments proposed by the Committee: New Rule 707, which explicitly subjects AI-generated outputs to the same standards for a human expert witness as required by R. 702 (a) – […]
Best Practices: File Checklist
Using a file checklist supports prompt compliance with a lawyer’s ethical obligations and helps prevent missed deadlines. It will also facilitate best practices in client communication. The File Checklist takes the representation from the first client contact to the closing letter and disposition of the file. The specific steps in your File Checklist will depend […]
Your 2025 New Year’s Resolution: File Retention Policy
A New Year’s resolution worth considering is a well-structured File Retention Policy for your law practice. This policy will comply with legal and ethical obligations and enable you to serve your clients more efficiently. Here’s why a robust File Retention Policy is vital and the key elements it should encompass. What’s Included in a Lawyer’s […]
WHAT IS STILL # 1?
No – it’s not about sports! It’s PROBATE, ESTATES, WILLS & TRUSTS as the leading area of practice for malpractice claims. Answer these questions to avoid joining the hit parade with these Best Practices. 1. WHO IS MY CLIENT? Recognize and Address Conflicts of Interest – Always run conflict checks before undertaking representation. Don’t ignore […]
Can Clients Record Attorney-Client Conversations?
Perhaps the better question is whether clients should record attorney-client conversations? In either case, doing so raises ethical and practical concerns that attorneys must carefully navigate. While this article offers practical insights into managing such situations, it is not legal advice. AI and Recordings: Convenience and Risk Recordings processed by AI tools, such as transcription […]
Grievance Coverage
Your OBLIC Policy includes defense cost reimbursement for disciplinary actions. To take advantage of this benefit under a professional liability policy, policyholders must report the letter of inquiry or notice of grievance promptly upon receipt. The benefit provides reimbursement for legal fees and expenses for hiring an attorney to assist with defending against professional misconduct […]
