2014 Annual Convention. Scenarios for Success: Using Of-Counsel, Co-Counsel, Office Sharing, and Virtual Office to Maximize Your Legal Career Options

Transcription

1 2014 Annual Convention Scenarios for Success: Using Of-Counsel, Co-Counsel, Office Sharing, and Virtual Office to Maximize Your Legal Career Options Solo, Small Firms and General Practice Section/Young Lawyers Section/Ohio Bar Liability Insurance Company 1.0 General CLE Hour April 30 May 2, 2014 Columbus

2 Contributors Chad E. Burton Burton Law LLC Curo Legal Dayton, Ohio Mr. Burton received his BA from Miami University and his JD from Case Western Reserve University School of Law. He is a member of the Dayton Bar Association (Chair, Leadership Development Program; Chair, Law and Technology Committee), Carl D. Kessler Inn of Court (Barrister), Ohio State Bar Association (Section Council, Young Lawyers Section), Ohio State Bar Foundation (Fellow), and the American Bar Association (Law Practice Management Section (Vice Chair, elawyering Task Force)). Mr. Burton is the founding attorney of his firm, a multiple lawyer, multiple jurisdiction virtual law firm and recipient of the 2012 Most Innovative Use of Technology for a Small Firm by ALM s Law Technology News. Previously, he worked at a large law firm, focusing his practice on business litigation. Mr. Burton continues to represent businesses and individuals in litigation. He also serves as outside general counsel to small and mid-sized businesses, including new and existing franchises. In addition, Mr. Burton is the CEO of Curo Legal, a company that has partnered with various service providers to assist law firms and bar associations in successfully keeping up with current and future legal changes with proven methodologies and innovative practices. He frequently writes on topics of legal technology, the future of the profession, and other practice management issues. Mr. Burton also speaks nationally on these topics and maintains a blog at For additional information, please visit or Jonathan E. Coughlan Kegler Brown Hill + Ritter Columbus, Ohio Mr. Coughlan received his BA from Hobart College and his JD from Case Western Reserve University School of Law. His professional memberships include the American Bar Association, Association of Professional Responsibility Lawyers, and Columbus Bar Association. Mr. Coughlan brings a wealth of experience to his firm s Professional Responsibility and Disciplinary Proceedings practice. Serving the longest tenure in state history, he served as Disciplinary Counsel for the Supreme Court of Ohio for 16 years. Mr. Coughlan is well-versed in all aspects pertaining to the ethical responsibilities of Ohio lawyers and judges, investigations of ethical matters, defense of misconduct complaints and complex ethical issues. In addition to his extensive professional experience, he is also an adjunct professor at The Ohio State University Michael E. Moritz College of Law where he teaches professional responsibility. He is a frequent presenter on topics related to his area of practice. For additional information, please visit

3 Chapter 1: Scenarios for Success: Using Of-Counsel, Co-Counsel, Office Sharing, and Virtual Office to Maximize Your Legal Career Options Jonathan E. Coughlan Supreme Court of Ohio Columbus, Ohio Table of Contents Of Counsel Considerations... 1 Office Sharing... 2 Scenarios for Success i

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5 Chapter 1: Scenarios for Success: Using Of-Counsel, Co-Counsel, Office Sharing, and Virtual Office to Maximize Your Legal Career Options Jonathan E. Coughlan Supreme Court of Ohio Columbus, Ohio Of Counsel Considerations A. Of counsel. What does it mean and what does it not mean? B. Advertising: Rules Use of the phrase and Associates. 2. Holding out as a law firm From the perspective of the client. 3. Keeping retired members in firm name. 4. Firm name issues X Law Group. 5. Associates and partners are not of counsel. C. Part-time prosecutors and office sharing. 1. Sharing space with criminal defense counsel. 2. Co-counseling in civil cases with office mates who engage in criminal defense. D. Of Counsel to more than one firm. 1. Requirements. 2. Confidentiality, conflicts, competence, advertising. E. Of Counsel to out-of-state law firm, or out-of-state lawyer being of-counsel to Ohio firm. Scenarios for Success 1.1

6 Office Sharing A. Client s perspective what causes confusion and liability. Are you holding yourselves out as partners? B. Not a firm. C. Potential conflicts appearing as opposing counsel (Rule 1.7). D. Confidentiality issues (Rule 1.6). E. Division of fees by lawyers not in the same firm Rule 1.5(e) issues. 1.2 Scenarios for Success

7 Chad E. Burton Burton Law LLC Curo Legal Dayton, Ohio Chapter 2: Scenarios for Success: Virtual Law Practice Table of Contents Scenarios for Success: Virtual Law Practice... 1 Scenarios for Success i

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9 Scenarios for Success: Virtual Law Practice Scenarios for Success 2.1

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