Juries have many alternatives to choose from when they don’t get the facts. When faced with a problem, the human imagination is a tool of almost limitless power. However, when a case comes to court, the less left to the imagination, the better. At S-E-A, we’ve been investigating and revealing the cause of accidents and failures since 1970. S-E-A has the capabilities and physical resources to recreate accidents, fires and many other occurrences under simulated conditions to arrive at replicable and accurate answers that will stand up to serious scrutiny, as well as any “courtroom creativity.” S-E-A’s investigative and scientific expertise has been an incredibly powerful tool in the field, the lab and in court for more than 40 years. Calling us in is a great choice for you as well as the 12 people trying to make the right decision. Call Jason Baker at 800-782-6851 or visit www.SEAlimited.com for more details. ™ ©2014 2 Winter 2015 Columbus Bar Lawyers Quarterly Winter 2015 Columbus Bar Lawyers Quarterly 3 President’s Page Do Americans get their day in Court? By Keith W. Schneider Every attorney knows the saying — in The Columbus Bar Association strives to follow and America, everyone is entitled to his or her day understand these trends. After all, understanding the changes to the legal system is the fi rst step in continuing to help people in court. But how literal must we take “day in in need. As prominently displayed on the Jefferson Memorial court” to mean? in Washington, D.C., Thomas Jefferson once said: The Ohio Supreme Court recently issued its 2013 Statistical “I am not an advocate for frequent changes in laws and Report with a conclusion that, frankly, is not surprising: cases constitutions, but laws and institutions must go hand in hand in Ohio just are not going to trial. Of course cases are going with the progress of the human mind. As that becomes more to trial, just not at the rates some of us may recall. According developed, more enlightened, as new discoveries are made, to the 2013 Statistical Report, only 2% of criminal cases new truths discovered and manners and opinions change, and 1.2% of civil matters go to trial. This is nearly half of with the change of circumstances, institutions must advance what it was just ten years ago. (In 2004, the rate of cases also to keep pace with the times.” going to trial was nearly 4% for criminal cases and just more than 2% civil.) This is not new; however, the decline of cases Trends follow human progress, and the legal system is no going to trial has been at least a 5-year trend. different. To help, to educate, and to expand, we must look So what is the cause of this trend, and what does it mean forward and not waver in nostalgia of the days of trials gone by. for lawyers? More cases are settling out of court, in some Going back to the opening question, then, do Americans respects, means that clients are enjoying a more economical still get their day in court? The and more effective result. Hopefully, this translates to a important thing is that clients feel better client experience. as though they are heard and that The rise of alternative dispute resolution also contributes justice is served. Admittedly, some to this trend. Last year, the Board of Governors adopted would argue that the absence of the report issued by our Task Force on ADR, identifying a jury or bench trial is in itself, an seven recommendations the CBA can undertake to help injustice. Fewer trials, however, advance the use of ADR. The recommendations range from does not necessarily equate to lesser increasing awareness and education about the benefi ts of justice; rather, that our profession has ADR, to providing more public access to information about progressed in a manner that delivers ADR. The Task Force, through the ADR Committee of the a more effi cient delivery of justice. Columbus Bar, has been hard at work delivering on these Keith W. Schneider recommendations. Maguire & Schneider Finally, trials take time, and this time is dictated by the kwschneider@ms-lawfi rm.com court, not the client. Out-of-court settlement, on the other hand, allows the attorneys and the clients to work together to set a different timeframe more conducive to the client’s needs. Of course not all cases settle out of court; indeed, some cases simply cannot settle just by the nature of the case. By getting cases off of the docket in a timely fashion due to settling out of court, courts in Ohio are more able to clear dockets and move cases along in a timelier fashion. This trend supports another trend identifi ed in the Ohio Supreme Court’s 2013 Statistical Report: comparing all cases of all types, the time from the fi ling of an action to fi nal disposition, on average, is becoming a more effi cient process (2009 revealed a 131-day mean while 2013 featured a 124- day mean). These statistics are not without their downfalls and controversies, of course, but thanks to reports such as these, Ohio’s courts are able to allocate resources appropriately and effectively, which in turn creates a more effi cient legal system overall. 4 Winter 2015 Columbus Bar Lawyers Quarterly CBA’s Health Insurance Exchange - Are You Prepared for Open Enrollment? By Char Bigelow Char Bigelow [email protected] Open enrollment looms for many of us again, and if you are considering. This is basically the cost of premium you’re like most, you are looking forward to it about as plus the plan’s out-of-pocket maximum. Most people much as a trip to the dentist. Make no bones about it won’t hit this number unless something serious happens, – choosing health insurance is no easy task! but you should consider whether and how you would Here’s a reminder of some key things consumers should handle it if you did. consider on the way to making the best choice for them. Is Your Doctor In-Network? – If keeping your current Consider Your Likely Costs – Most people should doctors is important to you, check the Provider Network focus on their “Likely Cost” under each plan – in other words, what you would pay for your premium plus care for any plan(s) you are considering. Going out of network you expect to receive throughout the year. On the CBA’s for care is usually more expensive than staying in-network. Smart Choices™ platform, we’ve done the math to If you aren’t wedded to your current doctors, however, provide an estimate (using what you’ve told us about your you may be able to save money on your insurance by likely healthcare use) of how much each plan might cost choosing a lower-cost plan with a different network. you out-of-pocket for care, based on how it pays benefi ts. And if you are still unsure of your decision, keep in In addition, if you think you will use particular services mind that there are offl ine sources of help, too. We have (e.g., chiropractic care), make sure you know how each a dedicated Call Center staff that is well qualifi ed to help plan covers these services. our members navigate the decision-making process and Consider Your Unexpected Costs – You should also answer specifi c questions about plan options. Log on look at the “Maximum Potential Cost” for any plan(s) today at www.cbalaw.org. Winter 2015 Columbus Bar Lawyers Quarterly 5 From Carrier Pigeons to Client Outreach: the Strategy Behind our Communications By John J. Tufano Carrier pigeons dispatched messages across the battlefields say one is “an estate planning lawyer” is a good start, but it for ancient Persians and Romans. To transmit news or warn does not paint the whole picture. of impending danger, Native Americans would relay smoke When I think in terms of an incomplete identity, I envision a signals. The electrical telegraph allowed encrypted messages basement room of a retail store housing clothing mannequins, to jump across the Atlantic Ocean. And now, the Age of the heaped in a pile. Eyes wide open, but stiff, bloodless, and Internet removes geography as a barrier to how far our social indistinguishable. They all have the figure to show the cut of networks reach. These are distinct forms of communication, a cloth, the identical figure, and their identity stops then and state-of-the-art for their times. there. The example is abstract, but it shows that to stand out To the legal industry, though - how does a historical snapshot and truly connect with our audiences, we need to define who of modes of communication apply? The old-fashioned, we are. even ancient forms, teach us a valuable lesson, one that Completing the example, more than just “an estate planning lawyer” his or her identity may be “an estate planning today’s technology makes quite easy for us to forget. Pigeon lawyer whose focus is to be a helpful resource to ensure a post, smoke signals, and telegraphs (despite their electrical person’s accumulations in life are distributed exactly as they component) required a distinct strategy to their messaging. are intended, who also volunteers on a nonprofit’s finance They were not sent at the near effortless stroke of a key. Their committee.” Choosing and articulating an identity helps senders and receivers could not slink into autopilot, parroting others recognize the personhood in each of us, avoiding the generic messages in rapid fire.