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Membership
Belong to the CBA
Attorney Membership
Affiliate Membership
Business Affiliate Membership
Law Student Membership
Membership Perks
Sustaining Membership
100% Club
Appointed Committees
Practice & Interest Groups
CLE
Live CLE Programs
On-Demand CLE
CLE Requirements
Policies and Guidelines
About Us
Overview
Leadership
History
Timeline
Past Presidents
150th Anniversary
CBA In Service
Award Recipients
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Racial Equity
Racial Justice
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Grievance
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Closing, Selling, Winding up a Practice
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Quid Pro Am
Rock the Foundation
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150th Anniversary
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Grievance
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Job Bank Ads
Lawyer Resources
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Closing, Selling, Winding up a Practice
Ethics Help & Lawyer Assistance
Job Bank
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Youth Court
News
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Closing, Selling, Winding up a Practice
Advisory Opinions
ABA Formal Opinion 92-369
Attorney assuming responsibility of the files must
Duty to Inspect Files:
Review the files to determine which need immediate action, but may only access as much information as needed to make the determination AND
Make reasonable efforts to contact ALL of clients of the deceased lawyer to notify them and request instructions in accordance with Rule 1.15
Duty to Maintain Client Files and Property
Reasonable efforts must be made to contact clients and request instructions on how to proceed with the file
Unclaimed funds:
Reasonable efforts to contact clients
If unable to contact clients, the lawyer should maintain the fund in a trust
Advisory Opinion 2019-6
Ethical Obligation to Deliver a Former Client’s Files
Advisory Opinion 2008-3
Disposition of client funds in IOLTA account if the client identity or whereabouts are unknown
Ohio Ethics Guide (2017)
Inventory and review files (ideally with 24-48 hours of death/disability)
Notification:
Successor should promptly contact each active client of the affected lawyer and notify them of the incapacity of the lawyer. Notification should include:
Case status update and any pending deadlines or time limitations;
Any accounting of any funds or property held in trust;
The status of any outstanding fees owed by the client
Request for specific instruction as to the deposition of the file:
Directing to send to new lawyer
Advising the client how to retrieve the file
Asking the successor lawyer for assistance in obtaining new counsel
Immediate Protective Action
Authority granted in a successor agreement
Form of limited scope representation undertaken by successor to safeguard the interests of the affected lawyer’s client
IOLTA and Operating Accounts
If a successor is named and granted authority, lawyer should make every reasonable effort to attempt to identify clients who have funds in the trust account and contact those clients to return any funds to which they are entitled.
If funds remain after distribution or client is unreachable, the successor is required to transfer the remaining funds to the Ohio Dept. of Commerce, Division of Unclaimed Funds.
Ohio Bar Association Articles
Closing a Practice
, by Gretchen K. Mote and Merisa K. Bowers (May 31, 2023)
The Death of the Solo Practitioner: Now Whose Problem Is This
, by Gary J. Leppla (June 17, 2021)
Office of Disciplinary Counsel
Brochure on Managing Client Files and Trust Accounts
Ohio Bar Liability Insurance Co.
Closing a Practice
, Gretchen Mote (May 27, 2021)
Closing a Law Practice
, Gretchen K. Mote and Merisa K. Bowers (Feb. 02, 2023)
ABA:
Closing Your Law Practice: Ethical Considerations
(Feb. 28, 2017)
Ohio Rules of Professional Conduct and Adjacent Rules
Rule 1.1
Rule 1.3, comment 5
Rule 1.4 (a)(2)
Rule 1.6. Confidentiality
Rule 1.9. Duties to Former Clients
Rule 1.15. Safekeeping Funds and Property
Covers keeping IOLTA records after closing a business
Rule 1.16 (d)
Rule 1.17. Selling a Law Practice
Gov. Bar R. V, Section 22 (A)
Gov. Bar R. V, Section 26(A)
Model Rules for Lawyer Disciplinary Enforcement. Rule 28
Out of State Templates/Resources
Plan Ahead for Closing a Law Practice
, Lawyers Mutual (May 26, 2020)
The Basic Steps to Ethically Closing a Law Practice
, Illinois Attorney Registration, and Disciplinary Commission (Jan. 2017)
New York State Bar Association Planning Ahead Guide
, Third Edition (2023)
Checklist/To-Do for Closing an Office
Lawyer Illness/Disability
Check State law on Rules of Civil Procedure for appointed lawyer’s duties
Lawyer Death
Resources
Rules of Professional Conduct
1.16(a)(2)
1.1
1.3
1.4(a)(2)
1.15