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Professional Liability Blog

We explore and analyze current issues and relevant topics to help accountants, attorneys, architects and engineers, insurance agents and real estate brokers avoid a professional liability case.

Professional Liability Blog
February 28, 2024

Ohio Court Confirms the Fiduciary Duty of a Third Party assisting an Attorney-in-Fact is only to the Principal, not the Attorney-in-Fact Individually

An Ohio court recently confirmed the scope of a duty in professional relationships with agents under a durable power of attorney. A decision last December of the Court of Appeals of Ohio confirms that where a third-party professional assists an agent acting under a durable power of attorney, the professional’s duty of care runs not to the agent in his or her individual capacity, but to the agent only in the fiduciary capacity, that is, through the agent to the principal.  Hull v. Polous, 2023 Ohio App. LEXIS 4320; 2023 WL 8613552.

Professional Liability Blog
May 27, 2014

Borrowing Money from a Client Equals Disaster for Missouri Attorney

The realities of running a business can sometimes interfere with the practice of law. When a lawyer needs funding to keep his or her practice afloat, a tempting source of financing might be a wealthy client with whom the lawyer has developed a relationship over the course of many years and transactions. Borrowing money from a client, however, is rife with ethical and legal ramifications.