Benjamin Mehic

If we are fortunate, we develop “special relationships” in our lives. But believe it or not, there are situations – at least legally – where such relationships are undesirable because they come with higher expectations and, thereby, additional room for legal exposure. In the case of an insurance broker, the establishment of a “special relationship” could create unique avenues for liability.
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There has been a proliferation of articles and news blasts across the accounting profession over the past several months concerning the Corporate Transparency Act (CTA) and its newly established requirement to report on the beneficial ownership information (BOI) of reporting companies. While accountants’ exposure to risk associated with assisting clients with their reporting requirements under the CTA has not been fully borne out, accountants should heed the considerations discussed herein before proceeding into currently uncharted waters. For now, practitioners should stick with what they know, and avoid taking on these new and uncertain compliance obligations on behalf of their clients, until such time as additional guidance arrives from the Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN).
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When a client in an active case dies, what are the representing attorney’s ethical obligations to the other side and to the court? On January 4, 2024, the Virginia Supreme Court issued Legal Ethics Opinion (LEO) 1900, which instructs that a lawyer “must disclose the client’s death to opposing counsel or the opposing party” before engaging in any “further substantive communication.” With respect to the court, the lawyer “must disclose” the death “no later than the next communication with, or appearance before,” the tribunal.
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