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Professional Liability

Why Choose Us

From legal malpractice claims to internal law firm disputes, competing firms improperly procuring matters and attorneys from other firms, and disciplinary grievances, lawyers and law firms have unique professional liability and litigation needs. Our experienced attorneys thoroughly understand how distressing and disruptive any variety of disputes or client complaints can be for attorneys. We provide first-chair trial and litigation expertise in connection with professional liability claims that are asserted or filed against you, and can help you confront these challenges while enabling you to keep your focus on your clients and the practice of law.

Our approach is to provide law firms with the counsel and litigation and trial representation they need to succeed in their most critical professional liability claims and to aggressively defend lawyers against disciplinary complaints. Having spent countless hours in the courtroom conducting trials and hearings over legal disputes involving lawyers as well as helping clients respond to disciplinary grievances, we have the insight necessary to effectively advise and represent you no matter how complex the matter.

Who We Assist

Our team counsels members of the legal community, including lawyers and law firms, who trust us to handle sensitive matters relating to law firm disputes, attorney licensure, and professional conduct. We have extensive experience representing clients in crucial professional liability matters, including defending malpractice, professional licensing, and disciplinary claims, and have provided representation in more than 100 formal disciplinary cases.

What We Do

We understand that litigation and disciplinary matters affecting your business and professional license present complex challenges that threaten to disrupt your work-life, reputation, and livelihood. With decades of experience in this area, we are equipped to handle all aspects of professional liability and law firm litigation matters, and we provide our clients with a range of useful services, including but not limited to:

  • Providing counsel in law firm litigation matters, including legal malpractice; breach of fiduciary duty and partnership/shareholder agreements; misappropriation of confidential information and potential breaches of fiduciary duty in attorney departures; and business and fee disputes involving co-counsel, partners or members of the firm, other firms, or clients.
  • Litigating legal malpractice claims, including first-chair trial representation.
  • Prosecuting and defending emergency court interventions and offering fast, effective action in instances of injunctions and temporary restraining orders.
  • Coordinating forensic investigations of computer, phone, and other electronic devices to provide a comprehensive analysis of potential theft of trade secrets and propriety information in cases involving attorney departures.
  • Assisting attorneys named in grievances from local bar associations or disciplinary commissions, ranging from simple neglect of communication to severe malpractice, and providing written responses to such grievances.
  • Guiding attorneys through the disciplinary process, including when disciplinary commissions enforce formal disciplinary action such as public reprimand, term suspension, indefinite suspension, or permanent disbarment.
  • Representing lawyers in disciplinary hearings and trials, including arguing cases before the Supreme Court of Ohio.
  • Serving as expert witnesses for questions regarding attorneys’ fees and attorney conduct.
  • Defending individuals faced with investigations and disciplinary proceedings regarding the unauthorized practice of law.

December 16, 2022 – Recognizing that, nowadays, most lawyers communicate electronically with their clients, and with lawyers representing other parties, the American Bar Association has provided advice on an important consideration that arises when using email and other forms of electronic communication. In a recent formal opinion, the ABA Standing Committee...

August 2, 2022 – Regardless of communication barriers that various client circumstances may present, lawyers owe their clients the duties of competent representation and effective communication.[i]  These duties are not diminished even when the client and the lawyer speak different languages, or when the client possesses a hearing, speech, or vision disability. ...

April 19, 2022 – In some Ohio counties and municipalities, prosecutors and judges are permitted to serve in part-time roles. In such circumstances, the representation of clients in the part-time judge’s or part-time prosecutor’s private practice may create a greater frequency of conflicts of interest.[i] While the conflict of interest is...

February 4, 2022 – Ohio judges may provide letters of recommendation for individuals so long as the letters are based on the judges’ personal, firsthand knowledge of the individuals and the letters are not an abuse of the prestige of their judicial office. On December 10, 2021, the Ohio Board...

The objective of The Ethics and Professional Liability Bulletin is to keep legal professionals informed of recent developments and trends in the areas of legal ethics, professionalism, and professional liability. November 10, 2021 – On October 1, 2021, the Ohio Board of Professional Conduct (the “Board”) issued Advisory Opinion 2021-10...

The objective of The Ethics and Professional Liability Bulletin is to keep legal professionals informed of recent developments and trends in the areas of legal ethics, professionalism, and professional liability. August 23, 2021 – A lawyer may communicate that he or she is a specialist in a field of law...

The objective of The Ethics and Professional Liability Bulletin is to keep legal professionals informed of recent developments and trends in the areas of legal ethics, professionalism, and professional liability. July 7, 2021 – Effective April 12, 2021, Ohio Revised Code 169.01 created a new category of unclaimed funds called “Attorney Unclaimed...

The objective of The Ethics and Professional Liability Bulletin is to keep legal professionals informed of recent developments and trends in the areas of legal ethics, professionalism, and professional liability. June 2, 2021 – Typically, lawyers may not serve both as advocates for clients and necessary witnesses in private arbitration....

The objective of The Ethics and Professional Liability Bulletin is to keep legal professionals informed of recent developments and trends in the areas of legal ethics, professionalism, and professional liability. May 4, 2021 – Today, compared to decades past, lawyers are more likely to change law firms during the course...

The objective of The Ethics and Professional Liability Bulletin is to keep legal professionals informed of recent developments and trends in the areas of legal ethics, professionalism, and professional liability. April 5, 2021 – Ohio Senate Bill Number 13, which is to take effect on June 14, 2021, establishes a...

Ulmer & Berne LLP is proud to announce the addition of Counsel Alvin E. Mathews, Jr., to its Columbus office. Recognized as a lawyer’s lawyer, Mathews represents major law firms, in-house counsel, and solo practitioners on a variety of ethics and professional liability matters. “We are excited to welcome Alvin to...

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