Summit County, Ohio - During its meeting on Apr. 27, 2022, the Akron Bar Association Board of Directors approved a resolution recommending association members approve a change to the Code of Regulations during the 2022 Annual Meeting.
Over the past few years concerns have been raised about the indemnification of our volunteer members who assist the Akron Bar in pursuing unauthorized practice of law (“UPL”) matters on behalf of the association. The realization that our members are not indemnified by Ohio Supreme Court rule, unlike members of our Certified Grievance Committee, was learned from legal action against another Ohio metropolitan bar association brought by the target of a UPL case originating from that association.
The Akron Bar convened a panel of insurance legal experts to helps us review our existing insurance policies and it was learned that our policies do not provide the type of protection we would expect for our members who volunteer their legal expertise in the UPL-arena. In addition, we were unable to find an underwriter willing to provide the necessary insurance coverage.
The Ohio Supreme Court adopted new rules in 2021, under Gov. Bar Rule VII, governing UPL committees, etc., but it did not contain changes necessary to indemnify association members or provide the immunity afforded members of the Certified Grievance Committee under developed case law, both in Ohio and elsewhere.
As a result, the recommended changes to the Code of Regulations eliminate the Akron Bar’s UPL Committee. This does not mean that UPL cases will not be investigated. The Akron Bar will refer all UPL cases that are brought to its attention to the Office of Disciplinary Counsel or the Ohio Attorney General’s office as provided under Gov. Bar Rule VII.
Please see the attached red-lined Code of Regulations for details. This will be an agenda item during the Annual Meeting.
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