File Review
1. Do you have the claim reviewed by another lawyer pre-suit or only after? The answer to that question is critical and it should be yes everytime.
a. Goldberg v. Mittman, 10th Dist. No. 07AP-304, 2007 Ohio 6599.
Phillips v. Courtney, 8th Dist. No. 84232, 2004-Ohio-6015.
Werts v. Penn, 164 Ohio App.3d 505, 2005-Ohio-6532. 842 N.E.2d 1102 (2d Dist.).
2. What do you look for in the file?
a. Are there admissions in the file?
b. Demands?
c. Evaluations?
d. Was the case developed correctly?
1) Discovery.
2) Investigation.
3) Case law theories.
4) COMPETENCE PRESUMPTION CRIMINAL
MATTERS/LACK OF EFFECTIVE ASSISTANCE OF COUNSEL
In re Glenn, 139 Ohio App.3d 105, 742 N.E.2d 1210 (8th Dist. 2000).
Ohio v. Samatar, 152 Ohio App.3d 311, 2003-Ohio-1639, 787 N.E.2d 691 (10th Dist.).
5) Reporting, Communication, retention letters.
1.4 Ohio Rules of Professional Conduct (5)(C) a lawyer shall inform a client at the time of the engagement of the lawyer or at any time subsequent to the engagement if the lawyer does not maintain professional liability insurance in the amounts of at least $100,000 per occurrence and $300,000 in the aggregate or if the lawyer’s professional liability insurance is terminated. That needs to be provided to the client in a separate form which is set forth in the rule and it has to be signed by the client. A copy has to maintain for five (5) years after termination.
Cincinnati Bar Ass’n v. Trainor, 129 Ohio St.3d 100, 2011-Ohio-2645, 950 N.E.2d 524.
Columbus Bar Ass’n v. Boggs, 129 Ohio St.3d 190, 2011-Ohio-2637, 951 N.E.2d 65.
Lorain County Bar Ass’n v. Godles, 128 Ohio St.3d 279, 2010-Ohio-6247, 943 N.E.2d 988.
3. How did the case end?
a. Ethical considerations.
Rule 1.1.6(D) as part of the termination a lawyer has to take steps to the extent reasonably practical to protect a client’s interest. The steps include giving due notice to the client, allowing reasonable time for employment of other counsel, delivering to the client all papers and property to which the client is entitled, complying with applicable laws and rules. Client’s papers and property should be promptly delivered to the client. They include correspondence, pleadings, deposition transcripts, exhibits, physical evidence, expert reports and other items reasonably necessary to the client’s representation.
A lawyer who withdraws from employment shall refund promptly any part of a fee paid in advance that has not been earned except when the withdrawal is pursuant to Rule 1.17. (Sale of a law practice).
Rule 1.18 duties to a prospective client.
