Monday, August 31, 2009

Proposed Ohio attorney "safekeeping" rule changes

The Ohio Supreme Court has announced that it will be accepting public comment on a proposed rule change to an attorney's duty to safeguard client funds and property in which third persons claim an interest until Sept. 30.

The proposed amendments to Professional Conduct Rule 1.15(d) and Comment [4] -- specifying that a lawyer must have "actual knowledge" of a third person's interest and that the claimed interest must be "a statutory lien, a final judgment addressing disposition of the funds or property, or a written agreement by the client of the lawyer on behalf of the client guaranteeing payment from the funds or property" -- are based on a 2007 Advisory Opinion issued by the Board of Commissioners on Grievances & Discipline and recommendations issued in late 2008 by a special Ohio State Bar Association committee.

Court’s Announcement

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