As the longest tenured Disciplinary Counsel in Ohio, I had the opportunity to observe factors that contribute to attorney violations of the Rules of Professional Conduct. Some attorneys are unaware that our profession is governed by specific trust account rules and that the rules are updated or changed from time-to-time. Having served on several Supreme Court of Ohio Task Force Committees concerning the disciplinary rules and the disciplinary process, I have an unparalleled understanding of the current Rules and their application to both small and large law firms. As a solo practitioner myself, I am sympathetic to the time involved in administering a law practice when trying to run a full-time practice.
Many attorneys and law firms come under scrutiny by Disciplinary Counsel or local bar associations because of unwitting or inadvertent actions or omissions. Sometimes these actions/omissions involve a failure to properly maintain their trust account (IOLTA), failure to properly maintain client ledgers, or perform monthly reconciliations of their trust account. Other problems can be encountered through improper fee agreement provisions, failing to follow required procedures concerning client notification and malpractice insurance, advertising omissions, improper affiliation of attorneys, or improper handling of client files. Regardless of the mitigating factors, dealing with a grievance inquiry for an inadvertent violation can be time-consuming and costly. With foresight, these type of violations can be avoided.
An additional area of concern comes in the form of the office administration practices, succession planning and file retention. I often field questions from lawyers about a stockpile of uninventoried client files in multiple rooms in their homes or basements. Succession planning is a key component of a successful practice, especially for solo practitioners.
Please consider a consult with my office to forge a plan for dealing with office administration, succession planning, and file retention concerns before these issues potentially evolve into a grievance inquiry or ultimately become a problem for your law partners or family.