Friday, October 07, 2011

Ohio Supreme Court seeking public comment on "limited liability" language

The Ohio Supreme Court is accepting public comment on proposed amendments designed to conform the Court’s Rules for the Government of the Bar of Ohio and the Ohio Rules of Professional Conduct to the language now updated in the Ohio Revised Code and statutory references to the Ohio Uniform Partnership Act. (Announcement)

From the amendment’s background:
Gov. Bar Rule III authorizes lawyers to practice through legal professional associations, corporations, legal clinics, limited liability companies, and partnerships having limited liability. Regarding partnerships having limited liability, Gov. Bar Rule III references both Chapter 1775 and section 1775.62 of the Revised Code as the applicable statutory provisions. However, the General Assembly repealed R.C. Chapter 1775 in its entirety effective January 1,2010, and replaced it with R.C. Chapter 1776, the Ohio Uniform Partnership Act. R.C. Chapter 1776 now governs the creation of partnerships having limited liability. Accordingly, the proposed amendment to Gov. Bar Rule III adds citations to R.C. Chapter 1776. To cover partnerships formed under prior law, the general reference to R.C.Chapter 1775 remains. The citation to R.C. 1775.62 is changed to R.C. 1776.82, which now controls the designations of limited liability partnerships.


Written comments on the proposed amendments to Rule III, Sections 1-4, and Rule VI, Section 1, of the Supreme Court Rules for the Government of the Bar of Ohio and Rule 1.4, Comment [8], and Rule 7.5(a) of the Ohio Rules of Professional Conduct must be received no later than November 8, 2011 and submitted to:

Michelle A. Hall, Senior Staff Counsel
Board of Commissioners on Grievances and Discipline
65 South Front Street, 5th Floor
Columbus, Ohio 43215-3431
or via e-mail to: michelle.hall@sc.ohio.gov

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