S UMMER 2008

The Case Of The Buried Bodies Legal Ethics And What It Means To Be A Lawyer By Lawrence Tibbles ...... 10

Things To Know About Ohio's "Little" Hatch Act By Christina L. Corl ...... 12

Ten Lessons A Young Lawyer Must Learn For Success And Happiness In The Practice Of Law By The Honorable William A. Klatt ...... 19

Demand For Anti-Stalking Orders Keeps Going Up By The Honorable David E. Cain ...... 20

Immigration As A Priority Political Issue A Conversation With David S. Bloomfield By Nelson E Genshaft ...... 26

But Can You Fold An Email And Make An Airplane? By Brett Burney ...... 32

Trust Your Client’s Instincts By Stephen E. Chappelear ...... 39

There are thousands of lawyers in Columbus

Find the one who’s right for you. www.ColumbusLawyerFinder.com

*A SUPPLEMENT TO THE DAILY REPORTER* *CONTENT PROVIDED BY THE COLUMBUS BAR ASSOCIATION* In Court Technolawgy

Civil Jury Trials Reflections On The Role of Email — COLUMBUS BAR ASSOCIATION Franklin County Common Pleas Court A Cautionary Tale — With Three Rules OFFICERS By Belinda S. Barnes and Monica L. Waller . . .Page 17 By Christopher McNeil ...... Page 33 President: Kathleen M. Trafford President-Elect: Elizabeth J. Watters Ten Lessons A Young Lawyer Must Learn Current Awareness: Online Social Network Services Secretary/Treasurer: Hon. Stephen L. McIntosh S UMMER 2008 For Success And Happiness In The Practice Of Law By Ellen Smith ...... Page 34 Immediate Past President: Nelson E Genshaft By The Honorable William A. Klatt ...... Page 19 Tomorrow In Legal Tech President’s Page Demand For Anti-Stalking Orders By Sharon D. Nelson and BOARD OF GOVERNORS Keeps Going Up John W. Simek ...... Page 36 David S. Bloomfield, Jr. The Bard And The Bar By The Honorable David E. Cain ...... Page 20 Kenneth R. Cookson By Kathleen McManus Trafford ...... Page 4 Is The iPhone Ready For Prime Time With Lawyers? Dawn Rae Grauel Practicing Law In The Franklin County Municipal Court By Troy Henley ...... Page 38 Marie-Joëlle C. Khouzam By Sallynda Dennison ...... Page 21 Kathleen Trafford, The Joyful Professional David T. Patterson By Patty Wise ...... Page 6 Interiors Mark C. Petrucci Medicare Subrogation James E. Phillips Corner Office Never Let The “Sleeping Dogs” Lie Trust Your Client’s Instincts By Robert W. Kerpsack ...... Page 22 By Stephen E. Chappelear ...... Page 39 Rosemary Ebner Pomeroy Anthony M. Sharett Let Us Help You Be The One By Alex Lagusch ...... Page 5 119 Appeals Reflections Keith W. Schneider Are All Decisions Entitled To Deference by the Judiciary? Bradley B. Wrightsel Ethics By William J. Browning ...... Page 23 Using Networks To Retain and Promote Women To Partnership OSBA District Representative: David C. Patterson What Does One Do In No-Man’s Land? Rocky And 19,599 Buddies By Dawn Rae Grauel ...... Page 40 ABA Delegate: Sally W. Bloomfield Proposed Amendments To Supreme Court Rules For The Go Down In ’22 Executive Director: Alexander Lagusch By Bruce Campbell ...... Page 24 Advocate For The “Poor And The Powerless” — Legal Aid Government Of The Bar Of Ohio Communications Director: Jill Snitcher McQuain By Cindy Dryden ...... Page 42 By A. Alysha Clous ...... Page 8 Editor: David W. Hardymon Immigration Managing Editor: Esther Kash On Selling Or Purchasing A Law Practice: What To Do When The Economy Slows Production: The Daily Reporter A Primer On Prof. Cond. R. 1.17 Immigration As A Priority Political Issue By Tim W. Hrastar ...... Page 44 By Alvin E. Mathews Jr...... Page 9 A Conversation With David S. Bloomfield By Nelson E Genshaft ...... Page 26 Book Review Columbus Bar Lawyers Quarterly is published by The The Case Of The Buried Bodies Daily Reporter for the Columbus Bar Association, 175 Legal Ethics And What It Means To Be A Lawyer The H-1B “Cap” — Hard Times For U.S. And For A Conspiracy Of Paper And A Spectacle Of Corruption South Third Street, Columbus, Ohio 43215, By Lawrence Tibbles ...... Page 10 Highly-Skilled Foreign Nationals By David Liss 614/221.4112, four times a year — Winter, Spring, By David W. Cook and Robert A. Harris . . . . .Page 28 Reviewed By Janyce C. Katz ...... Page 45 Summer and Fall. Statements or opinions expressed Elections herein are those of the authors and do not necessarily A Happy End To A Beginning Courthouse Update reflect those of the Columbus Bar Association, its First Tuesday After The First Monday By Orsolya Hamar-Hilt ...... Page 29 officers, board, or staff. It’s Going Up! And Things To Know About Ohio’s “Little” Hatch Act —— By Christina L. Corl ...... Page 12 Real Estate By Judge Richard A. Frye ...... Page 46 NOTICE Written Law An Insider View Of The Housing Crisis Any statements pertaining to the law contained in this By J. Thomas Mason ...... Page 30 magazine are intended solely to provide broad, general Practice Tips For The New Sex Offender information, not legal advice. Readers should seek Registration Law The Other Housing Crisis advice from a licensed attorney with regard to any By L. Leah Reibel ...... Page 14 By Clement W. Pyles ...... Page 31 specific legal issues.

On Preservation And Discovery Technolawgy Of Electronically Stored Information New Rule For Ohio But Can You Fold An Email And Make An Airplane? By Douglas L. Rogers ...... Page 16 By Brett Burney ...... Page 32

2 Summer 2008 Columbus Bar Lawyers Quarterly Summer 2008 Columbus Bar Lawyers Quarterly 3 President’s Page Corner Office

have few real conversations. We listen to recorded messages or text each other with our Blackberries and IPhones. Two decades Let Us Help You ago, the practice of law in Columbus was largely local. Now it is national, even The Bard international. Technology has dramatically changed the way we practice, in many Be The One ways for the better. But, it has had an and unfortunate consequence. It has reduced ColumbusLawyerFinder.com the necessity (I say opportunity) for personal interaction among our peers. We By Alex Lagusch are at risk of losing that special spirit – the esprit de corps – that makes ours a unique he Columbus Bar and its wholly does not. The only fee paid is the $150 per The Bar profession. We at the Columbus Bar are owned subsidiary, Columbus Bar month. committed to striving mightily to see that Services, are pleased to introduce We encourage you to shop does not happen. But we need your ColumbusLawyerFinder.com. ColumbusLawyerFinder.com against our We are at risk of losing that special spirit – the esprit de corps – that makes ours a unique profession. participation. If you are not a member, T competition. What you will find is that Doesn’t it sound like the kind of site you please consider joining or renewing your would visit to find an attorney? each ColumbusLawyerFinder subscription membership. If you are a member, reach Well, maybe not you, but what if you provides five pages of profile content, in out to others who are not. Encourage a weren’t an attorney? Seems intuitive two different areas of law, and placement colleague to attend a committee meeting at the top of the list of attorney names and By Kathleen McManus Trafford doesn’t it? But wait, I asked where you with you. Bring someone you know to a in the legal tool kit pages on a regular would go to find an ATTORNEY and the CLE program. Celebrate with us at the basis, with no extra fees. Most other site deals with lawyers. After hundreds of annual meeting, the awards luncheon or online advertising services would want thousands of calls to our Lawyer Referral the Foundation gala, and bring a friend. you to pay handsomely to be at the top of Service over the past 63 years we’ve Call me and ask me how you can get more their lists with a bolded name, a headshot, Though the Butcher’s proclamation is together to celebrate our chosen learned non-lawyers are looking for ou all know the quote from involved. and a link to your firm website, not to by far the best known, Shakespeare often profession, the good that it does, and the lawyers, not attorneys. However, Henry VI – “The first thing we mention the additional fees they would invoked the role of lawyers to make a camaraderie it fosters. The annual gala for ColumbusLawyerFinder.com is uniquely do let’s kill all the lawyers” – charge to appear in a second area of law, and have endured the countless point. He did so in Taming of the Shrew, the Columbus Bar Foundation provides an positioned to give them either or both. Y giving us a statement that well captures evening of relaxed friendship and a chance or to include significant cases, law school, jokes and jabs it sparks. The context of ColumbusLawyerFinder.com [email protected] Even before or legal committee work. And, none of the quote is an uprising against the King in the spirit of our profession and is my to show off the programs and projects came into being though, it was already our competition has the prestige of being 1450, the Cade Rebellion. The rebel leader personal favorite. In Act 1, Scene 2, made possible by the generosity of our helping the public find their way to legal affiliated with a bar association with 139 is making promises of the riches that will Tranio, one of the conniving rival suitors colleagues. The awards luncheon gives us help. OK, I’ll stop playing games - the help come from his ascendancy as king, and his for Kate’s younger sister, Bianca, proposes a chance to recognize our friends who years of local legal presence in Columbus, was being provided under the auspices of a factor that our local consumer focus follower, Dick the Butcher, utters the that he and his rival should compete have used their talents in some special way Liamlaw.com. Sound familiar? Liam, even statement as a rallying cry to speed the openly when in their mistress’s presence for the betterment of the profession or the groups told us was an important mark of with its name, has attracted 23,111 credibility when they were making an rebellion forward. Thus the seemingly but otherwise remain cordial. He exhorts community. The annual meeting is a good unique visitors who visited the site 36,523 pejorative quote is a compliment. What attorney hiring decision. his rival Hortensio that they should “do as place to break bread with last week’s times and viewed 222,103 pages, the Butcher was saying is that lawyers ColumbusLawyerFinder.com was adversaries do in law — strive mightily, adversary or to meet lawyers outside your generating 2,328,413 hits. defend the rule of law and, thus, stand in conceived and developed exclusively by but eat and drink as friends.” This is still immediate circle. Many events and After less than a year of operation, we the way of anarchy. sound advice for lawyers to act upon projects – the Rock n’ Bowl, the bench-bar the Columbus Bar Association and concluded that the Liam name was a little Shakespeare’s perception that lawyers today. reception, and anything done by the new Columbus Bar Services. It has been too obscure. The public was finding legal play a critical role in maintaining the Our profession is unique. Trial lawyers (young) lawyers committee – are coupled modified because of member suggestions help, but members were resisting joining social and political order has been proven are expected to pit their skills against each with good food, drink and friendship. and observations. It will continue to be a the service because they felt it had to be true throughout the next four centuries, as other to persuade a jury or judge to their The Bar equally supports the “strive member driven service. If you are on more intuitive. We listened and hired evidenced by the dominant, dis- client’s position. Transactional lawyers are mightily” component of Tranio’s another Internet service, try us and KnowBase Networks out of Cleveland to proportionate role lawyers have played in supposed to match wits across the exhortation. Its many diverse continuing compare the results. If you haven’t leading democratic governments, civil conference room table. The prosecutor is legal education seminars will hone your come up with a better name. We found - ventured into web marketing, this is a justice causes, and the community and encouraged to convict, while the public competency and skill as an adversary. In ColumbusLawyerFinder.com. Just so you fairly painless to stick your toe in the cultural organizations that enrich our defender strives to acquit. One lobbyist is the committee meetings you can learn and know, close runners up included: water. Our ColumbusLawyerFinder lives. The perception is reality when hired to pass a bill, another to defeat it. shape the key issues affecting your practice ColumbusLawyerLocator.com and administrator, Anne Leonard Palmer, will lawyers step forward to defend We are an adversarial profession, yet we area. Through its many pro bono ColumbusAttorneyFinder.com. help you enroll and build your site. If you Guantanamo detainees, represent Katrina With the name change has come yet are downtown, stop by and talk to her in victims or challenge the incarceration for are expected to be professional initiatives, the Columbus Bar can help you adversaries. We are supposed to strive put your unique talents to use for those another major change, a lower cost option for person. Take a look at our site. Look at life of thirteen and fourteen-year-old participants. ColumbusLawyerFinder.com your colleagues who are current children. We saw the perception as reality mightily for our clients, but to do so in a who have no other advocate. will only require a commitment of 3 participants and give them a call to get this spring when hundreds of Ohio civil, respectful way. What Tranio The excuse I hear most often for why a months at a monthly charge of $150 per their reaction. lawyers offered to volunteer their time to proposed to Hortensio is now the lawyer is not a member or is not more help those swept up in the foreclosure cornerstone of our professional code – involved in the Bar is time, as in “not month – a shorter contract at a lower crisis and when our own Scott Weisman advocate zealously, but with civility enough time.” No doubt we are all busy, price. New attorney subscribers to the site resolutely defended pro bono an openly towards each other. with many demands on our time. Over the will get an additional 2 months free! hostile and offensive client. Lawyers And there is no better way to act upon last two decades the practice of law has Come on – what a deal! [email protected] continue to sew and mend the seams that Tranio’s advice to “eat and drink as gone into warp speed. We are doing more, Kathleen McManus One “FAQ” is “Does ColumbusLaw hold society together. The Bard would be friends” then to get involved in your local and doing it faster. We no longer mail Trafford, yerFinder.com (and/or Liam) require a Alex Lagusch, proud of us, and we should be proud of bar association. The Columbus Bar offers briefs; we serve and file electronically. We Porter Wright Morris sharing of the fees generated from Columbus Bar ourselves. innumerable opportunities to come don’t write letters; we send emails. We & Arthur inquiries to participating attorneys?” It Executive Director

4 Summer 2008 Columbus Bar Lawyers Quarterly Summer 2008 Columbus Bar Lawyers Quarterly 5 President’s Page President’s Page

She transferred to Capital University cover wives, because that possibility would initiative as a starting point, Kathleen will Law School in Columbus, paying her way have been unthinkable when the policy lead a major rollout of ideas and Kathleen Trafford, as a legal intern in the Ohio Attorney was written way back when.” Buzz implementation in the coming months. General’s office during the day. “I still had brought two young children into the “Look at the tall buildings in downtown no intention of practicing law, and I always marriage, “the best part of the deal, I told Columbus,” she says. “That’s where the said I would never be a trial attorney—but him,” Kathleen jokes, and a high-powered lawyers are. If we can get those lawyers The Joyful one thing lead to another, and I fell in love family was born. working on green initiatives, we can make with it,” Kathleen says. She graduated cum A Columbus Bar member since the late an honest difference in the life of this laude in 1979, and began her legal career ‘80s, Kathleen increased her involvement City.” The simple step of committing to in the Opinions section at the AG’s office, in the past decade, serving on or chairing two-sided printouts, she says, writ large Professional advising local governments and state several committees and task forces, across the entire legal community, can agencies on their duties, with the including the Discipline and Grievance make a huge difference. (Think of that 50 occasional court case thrown in. committee, the Task Force on Domestic page brief, 10 drafts down. Two-sided The cases got bigger as Kathleen rose Violence, the Judicial Campaign printouts cut the paper usage in half.) through the ranks to became Deputy Chief Advertising Committee, to name a few. “I As busy as she is, you might say Counsel, taking assignments from various really like the neighborhood bar Kathleen is leading a two-sided life, getting sections in the AG’s office. She was there association,” Kathleen says. “What we do the most she can out of every aspect of her Kathleen is that rarest of species, the joyful the day the phone call came in from the at the Columbus Bar is just directly related life at work and at home. Over the years professional, the lawyer who loves the work, not Ohio Department of Commerce regarding to our lives and businesses as lawyers in there has been little extra time for hobbies, the savings and loan crisis – the “we have a this community.” but now that the children are grown— just the win - although there have been plenty of problem” call that started it all. She As President, Kathleen is particularly Andy will be 23 and Sarah will be 26. big wins along the way. ultimately had primary responsibility for interested in what she calls stewardship Kathleen has taken to experimenting in the defending the state in the litigation issues, and will be deeply involved in the kitchen. Every month she reads “Bon resulting from the bailout. “People forget long range planning activities the Appetit” and makes two new recipes, first that crisis ended up with a relatively happy Columbus Bar will undergo this year. for herself and husband Buzz, then if ending,” she says. “The state of Ohio got “Right now, one of my jobs is to take care successful, for entertaining friends. all its money back, more than $100 of the firm so it is here for the next She loves the Columbus library system, million. From a lawyer’s point of view, it generation. The Columbus Bar does this on and admits to paying the occasional fine was great work. It was everyday, all day, a macro scale, watching out for our on the crime fiction books she enjoys heady stuff.” profession in central Ohio to make sure it reading on the beach. “I don’t mind. I By Patty Wise As that litigation wound down, Kathleen grows and thrives.” consider it a ‘green’ expense – cheaper than decided it was time for a change. “The As Kathleen sees it, that includes buying a book. And it is money well experience at the Attorney General’s office understanding the different needs of young spent,” she says. For Kathleen, it’s always about the joy, ne Monday morning not too U.S. Supreme Court argument on behalf of told “it was not a nice profession for a was great but it was time go to private lawyers who are entering the profession whether she is working weekends, paying long ago, a colleague passed the the Ohio Civil Rights Commission (both lady.” Later that year, while waiting at her practice,” she said. She’d also met and now, creating solutions for the economic library fines, and this year, leading the incoming President of the when she was an attorney with the Ohio boyfriend’s fraternity house, Kathleen married Robert “Buzz” Trafford, an challenges facing solo, small, mid and even Columbus Bar. “If you love what you do, it Columbus Bar, Kathleen Attorney General’s office) to representing flipped through the sort of “gentleman’s attorney at Porter Wright who had headed large firm practitioners, sorting out the should show,” she says. O the Taft administration during the magazine” you might find at a fraternity up the savings and loans cases as outside rewards and risks of big picture forces like, Trafford, in the hallway at work. It does! “How was your weekend?” the “Coingate” scandal. On the other side of house, and became fascinated by an in- counsel. say, globalization, that are affecting the colleague asked. the political aisle, Election Day 2004, she depth interview with the world famous “We discussed it and decided I should profession. represented the Democratic National urban planner, Herbert Gans. A light went “I had a great weekend!” Kathleen join the same firm, because if I didn’t, we Take the “green” initiative, for example. Committee fighting to keep the polls open on, and Kathleen saw her future - part of enthusiastically replied. wouldn’t be able to talk to each other Kathleen is passionate about helping the and the long lines moving. Not to mention it, anyway. “Oh, what did you do?” about any of our cases,” Kathleen said. Columbus Bar become a leader in Wendell Humphrey, the prison guard who At the time she could find only three “I was here working both days,” “At that time (1988) Porter Wright had a reshaping the way law firms, and refused to cut his hair for religious urban planning masters programs in the Kathleen said. nepotism rule against hiring relatives,” businesses in general, use resources. With religions, against state correctional country and won a full ride scholarship to The response garnered an odd look, for Kathleen laughs, “but fortunately it didn’t the American Bar Association’s green Patty Wise department regulations – a right Kathleen one of them. So in 1970, a few months sure. But for Kathleen, it would have been fought for all the up to the Ohio Supreme after the Kent State shootings, Kathleen odd to reply any other way. “I got a call Court pro bono – and won in 2000. arrived sight unseen at Kent State late Friday about a possible case,” she Whoever said governmental regulation University. A year later she earned her explained. “I spent Saturday and Sunday at and constitutional law, Kathleen’s main Master’s degree and got a job as an urban Don’t let lack of information cause you to misstep the office researching the issues and practice areas, aren’t interesting? In fact, if planner in the Akron area working for the preparing for a Monday ‘file or no-file’ there is one thing that has propelled Tricounty Regional Planning Committee. meeting. The issues were fascinating, the Kathleen’s exceptional legal career – “It was great! I loved it and I assumed I as you climb the ladder of success. strategy complex. Of course I loved it. besides being whip smart and a crack would always be an urban planner,” she That’s what I do for a living!” study, of course – it is her uncanny ability says. After a couple of years, Kathleen Each day, The Daily Reporter offers staff-written local business and legal articles, as well as national articles from various news service. Kathleen is that rarest of species, the to follow her nose when she gets interested noticed that the decision-makers – elected We also offer legal and public notice files joyful professional, the lawyer who loves in something, wherever it may take her. or appointed city officials – were giving that provide a wealth of information for business leads and the work, not just the win - although there Consider, for example, her path to the more weight to lawyers’ advice than the for protecting your company. Don’t miss another issue. Subscribe today! have been plenty of big wins along the legal profession, a scenic route if ever there urban planner’s recommendations. “I way. was one. She was a college junior majoring thought having a law degree would give A partner at Porter Wright Morris & in sociology at Nazareth College, a small me more credibility with city councilor- Arthur, Kathleen is a veteran of intense, Catholic women’s college in upstate New types, so I started night law school in high profile cases, from the Ohio savings York, where she grew up. An ace in math, Akron to become a more effective urban 614-228-NEWS (6397) • www.sourcenews.com and loan crisis in the ‘80s, to a successful she’d wanted to be a civil engineer, but was planner,” she says.

6 Summer 2008 Columbus Bar Lawyers Quarterly Summer 2008 Columbus Bar Lawyers Quarterly 7 Ethics Ethics

Office of Disciplinary Counsel. The registration purchasing lawyer and the client; a shall be on a form provided by the Office of statement of the right of the client to opt Disciplinary Counsel and shall include all of the On Selling or Purchasing out of the sale and seek another lawyer; a What does one do in following: statement that consent to the purchasing (a) The name of and contact information for the lawyer’s representation will be presumed, if no-man’s land? disqualified or suspended attorney; a Law Practice: the client does not object within 90 days of PROPOSED AMENDMENTS TO SUPREME COURT RULES FOR THE (b) The name of and contact information for the the notice; and a biographical statement of attorney or law firm seeking to enter into the the purchasing lawyer, including his or her GOVERNMENT OF THE BAR OF OHIO, RULE V § 8 (G)(1) – relationship with the disqualified or suspended A PRIMER ON PROF. COND. R.1.17 disciplinary history.11 EMPLOYMENT OF A DISQUALIFIED OR SUSPENDED ATTORNEY attorney; Having complied with the foregoing, and with the business lawyers’ advice (c) The name of and contact information for the By Alvin E. Mathews Jr. By A. Alysha Clous attorney responsible for directly supervising the regarding the transactional issues, Gabe disqualified or suspended attorney, if different and Sandy close the deal. They determine than the attorney identified in division (G)(2)(b) the firm can carry on Gabe’s name, so long Additionally, if a disqualified or of this section; uspension . . . purgatory, no-man’s abe Lincoln has been a solo of a law practice, including the good will as he continues practicing in the firm or indefinitely suspended attorney is to land, time-out, DMZ, court imposed (d) The capacity in which the disqualified or domestic relations practitioner in of the practice.1 The entire practice must retires. complete any work for a client, the sabbatical . . . call it what you will, suspended attorney will be employed, including Capitol, Ohio for 55 years. In be sold, except where conflicts of interest but the Supreme Court of Ohio employing attorney must inform the client, a description of duties to be performed or prohibit the transfer of certain clients.2 services to be provided; recent years, he has reduced his S in writing, of the attorney’s status before 1. Prof. Cond. R. 1.17, Comment [11]. suspends dozens of attorneys from the G Even if a number of the clients decide not time practicing, spending the winter the suspended or disqualified attorney can 2. practice of law each year for violations for (e) An affidavit executed by either the attorney months in Florida. Ready to retire, he does to be represented by the purchasing lawyer, Id, Comment [6]. begin to work on the client’s matter. 3. our Rules of Professional Conduct. The filing the registration or the supervising attorney not wish to abandon his clients, many of the good-faith requirement is satisfied, if Id. The comment period for the proposed indicating that the attorney has read the 4. suspension can be as short as a few whom have ongoing post-decree matters. the selling lawyer makes the entire practice Prof. Cond. R. 1.17 (b) (2). rule ran through May 13, 2008. The final Supreme Court’s order disbarring, accepting the 5. months, or could continue indefinitely if resignation of, or suspending the attorney to be As Gabe has always practiced alone, he available for sale to the purchasing lawyer.3 Prof. Cond. R. 1.17 (b) (1). version is under consideration by the 6. the attorney does not comply with the employed and understands the limitations does not know how to transition his clients The Rule indicates a “selling lawyer” is Prof. Cond. R. 1.17(a). Supreme Court of Ohio. contained in that order; 7. reinstatement requirements. to another lawyer. He would like the a solo lawyer, a firm, the estate of a Prof. Cond. R. 1.17 (c); Comment [7]. * * * 8. Understandably, most attorneys want to practice to continue to carry his name, and deceased lawyer, or the representatives of a Prof. Cond. R. 1.17(d). RULE V. DISCIPLINARY PROCEDURE (f) Any other information considered necessary 9. maintain contact with the legal community by the Office of Disciplinary Counsel. to financially benefit from the value of the disabled lawyer, or a lawyer who has Id. Section 8. Review by Supreme Court; 10. and their clients, and make a living, during practice, including the good will. He also abandoned his or her practice.4 A Id., Comment [11]. Orders; Costs; Publication; Duties of 11. a suspension. Often, there are monetary (3) Upon receipt of a completed registration “purchasing lawyer” is a solo lawyer or a Prof. Cond. R. 1.17 (e). Disqualified or Resigned Suspended form, the Office of Disciplinary Counsel shall remembers that, traditionally, it was reimbursement requirements which are firm.5 Sales where the purchasing lawyer’s Attorney send a written acknowledgement to the attorney unethical to sell a law practice. He seems prerequisites to reinstatement. Even more or law firm that filed the registration form and only purpose for the purchase is to resell * * * to recall that the Ohio rule changed several understandably though, the Supreme Court any supervising attorney identified on the form. years ago. the practice are prohibited.6 (G)(1) Employment of a Disqualified or Upon receipt of the written acknowledgement, is concerned that a suspended (and thus Suspended Attorney. A suspended attorney may At the annual Capitol Bar Association The prospective purchasing lawyer must the employment, contractual, or consulting [email protected] unlicensed) lawyer may continue practicing be employed by another attorney during the relationship may commence. continuing legal education seminar, the run conflicts of interest checks and enter and/or continue the unethical behavior term of suspension, provided the employment of ethics speaker generally discusses the ethics into a confidentiality agreement before the suspended attorney does not involve the (4) An attorney who registers the employment of which led to the discipline in the first practice of law. The suspended attorney and of one lawyer selling his or her practice to client confidences are shared with the place. a disqualified or suspended attorney shall file an prospective purchasing lawyer.7 Pursuant employing attorney shall register the amended registration form with the Office of another lawyer. Gabe begins thinking To help monitor suspended attorneys, employment with the Disciplinary Counsel on a Disciplinary Counsel when there is any material seriously about selling his practice. He goes to the agreement, the purchasing lawyer is the Supreme Court has long required that, form prescribed by the Disciplinary Counsel that change in the information provided on a prior to treat the selling lawyer’s clients as his or includes all of the following: back to the office, pulls out his dusty set of if a suspended attorney is employed by registration form and shall notify the Office of ethics rules, determining there are a variety her own. The selling and purchasing Disciplinary Counsel upon termination of the another attorney, the employing attorney (a) A statement that the suspended attorney will employment, contractual, or consulting of considerations in selling a law practice. lawyers must agree that the purchase is in must register the employment with the not perform work in the course of his or her relationship. good faith with the intention and purpose employment that constitutes the practice of law; Office of Disciplinary Counsel. The Locating a Purchaser and Meeting Ethical of delivering legal services to the clients, registration specifically affirms that the (5) If a disqualified or indefinitely suspended Requirements and that the purchasing lawyer will honor (b) A statement that the employing attorney will attorney will perform work or provide services suspended attorney is not practicing law, supervise and be responsible for the work of the in connection with any client matter, the Gabe’s foremost concern is identifying a all ongoing fee agreements made between and that the employing attorney will suspended attorney to ensure that the suspended employing attorney or law firm shall inform the lawyer worthy of serving his clients. He the seller and the seller’s clients.8 They may attorney does not engage in the practice of law; supervise and be responsible for the client of the status of the disqualified or desperately wants to sell his practice to also agree to reasonably limit the ability of suspended attorney. The notice shall be in suspended attorney’s work. Thus, a (c) Any other information considered necessary someone who will care about his clients as the selling lawyer to reenter the practice of writing and provided to the client before the 9 suspended attorney can work, essentially in by the Disciplinary Counsel. disqualified or suspended attorney performs any much as he does. For several years, Gabe law. Neither the selling lawyer nor the the role of a paralegal, under the work or provides any services in connection with has become a mentor to a 10-year lawyer purchasing lawyer can exonerate (2) The Disciplinary Counsel shall provide a the client matter. supervision of the employing attorney. copy of the completed form to each appropriate in town, Sandy O’Conner. Gabe has co- themselves or limit their liability to the An amendment has been proposed clients for any malpractice.10 Certified Grievance Committee A disqualified or (H) Definition. As used in this section, counseled a case with Sandy and has taken which expands the Rule to include, in suspended attorney subject to division (G) of this “disqualified attorney” means a former attorney note of her brilliance, diligence and addition to suspended attorneys, those rule shall not do either of the following: who has been disbarred or who has resigned extreme loyalty to her clients. Gabe views Notice to the Clients with discipline pending. who are disbarred and those who resign (a) Have any direct client contact, other than Sandy as a daughter and thinks she would The selling and purchasing lawyers must with discipline pending. Attorneys in these serving as an observer in any meeting, hearing or be perfect to buy his practice. Gabe takes give joint notice to all active clients of the last two categories are titled as interaction between an attorney and a client; Sandy to lunch and discusses the deal. firm and to those clients with closed files “Disqualified.” Under the proposed rule, a After mulling things over for a couple of that the selling and purchasing lawyers (b) Receive, disburse, or otherwise handle client suspended or disqualified attorney is not weeks, Gabe and Sandy agree she will agree to transfer to the purchasing lawyer trust funds or property. [email protected] allowed to have any direct client contact, purchase his law practice. They both agree upon the sale, containing the following: the handle client funds, and further specifies (2) An attorney or law firm seeking to enter into to hire ethics and business counsel to proposed sale date; a statement that the the requirements of registration form an employment, contractual, or consulting accomplish this. purchasing lawyer will honor fee relationship with a disqualified or suspended which must be filed with the Office of attorney shall register the employment, Reviewing the issues in some detail, they agreements on active matters, and that new Alvin E. Mathews Jr., Disciplinary Counsel. contractual, or consulting relationship with the A. Alysha Clous determine that Rule 1.17 permits the sale fee agreements will be negotiated by the Bricker & Ecker

8 Summer 2008 Columbus Bar Lawyers Quarterly Summer 2008 Columbus Bar Lawyers Quarterly 9 Ethics Ethics

of the existence and location of the girls’ bodies. The information School and the Columbus Bar Association Professionalism disclosed to Armani by his client was information about a past Committee co-sponsored a program “Defending Detested Clients The Case of the Buried Bodies crime. The client was in police custody and unlikely ever to be and Making Unpopular Decisions: Lawyers and Their released from jail or a mental institution. Because of the passage Professional Responsibilities.” Frank H. Armani was the featured of time, if the girls were where Garrow told Armani they were, speaker. The program included a panel discussion with local there was no possibility that either girl could still be alive. But lawyers Jonathan Coughlan, David Goldberger, Dennis W. Legal Ethics and Armani continually confronted other difficult personal moral McNamara, and Holly Wallinger. dilemmas throughout the case. Armani based his actions on the oath taken when he was admitted to practice in 1956 – to “maintain the confidence and What It Means To Be A Lawyer preserve inviolate” the secrets of his clients – and the constitutional guarantee against self-incrimination. He was 1. Tom Alibrandi with Frank H Armani, PRIVILEGED unaware that New York had recently promulgated the Code of By Lawrence Tibbles INFORMATION (Dodd, Mead 1984). The case is also the Professional Responsibility with its requirement in DR 4-101 that basis for the 1987 movie “Sworn to Silence.” the lawyer “shall not knowingly...reveal a confidence or secret of a client...[or] use a confidence or secret of a client to the 2. Three courts in succession held that Belge could not be indicted The police suspect Garrow in the disappearance of the two disadvantage of the client...[except that] a lawyer may reveal...the for failing to comply with a misdemeanor statute requiring the f you decided to build on the fictional works of John Grisham intention of a client to commit a crime and the information and Stephen King you might make up a case that combines girls. The father of one of the girls comes to Armani’s office and reporting of dead bodies. The courts not only misunderstood necessary to prevent the crime.” This language does not permit the difference between the ethical doctrine of confidentiality and (1) all of the “client from hell” horror stories that you can asks Armani to tell him anything that Armani knows about his Armani to voluntarily reveal information about the girls’ bodies. the attorney client privilege, but appeared to bow to the media- remember, (2) defending a serial killer to the revulsion of the missing daughter. Armani tells him nothing. Armani is so shaken I that he refuses to see the father of the other girl. However, it does justify Armani’s voluntarily disclosing led public outcry over Armani and Belge’s efforts to protect public and the lawyer’s own clients and friends, and (3) a Armani’s life is threatened for representing that “kid killer.” information he had received years earlier from his client to direct client confidentiality. multitude of moral dilemmas, including whether to disclose the the police to the hiding place of Garrow, a serial killer who had location of the bodies of two dead girls. Armani carries a gun and stays in a different motel every night of made a hit list of people he planned to kill. “We believe that the attorney-client privilege attached You might also want your case to shape the ethical doctrine of the trial. Armani knows that Garrow is a serial killer with a fondness for Over the past thirty years, when discussing this case with their insofar as the communications were to advance a client’s lawyer confidentiality, contribute to the development of legal teenage girls. During the murder trial Armani and his wife students, legal ethics teachers have done exactly what you have interests, and that the privilege effectively shielded the ethics rules, and become a staple for law school professional discover that Garrow likely had stalked the Armani’s own teenage been doing while reading Armani’s story – they changed the facts defendant-attorney from his actions which would responsibility courses. Perhaps, in addition, you want your case to daughter. in order to raise additional, and more difficult, confidentiality otherwise have violated the Public Health Law....We instruct generations of lawyers and law students about what it At trial Garrow takes the stand and confesses to seven rapes issues. What if it was possible that Garrow had not already killed believe that an attorney must protect his client’s means to be a lawyer. Impossible, you say, for one hypothetical and four murders, including the eighteen-year-old boy and the two the girls, but was holding them prisoner? What if Garrow had interests, but also must observe basic human standards case to do all of that. girls. The public is uncomprehending when Armani and Belge given this information to Armani by telephone before he was of decency, having due regard to the need that the legal Or you could talk with Frank Armani, a Syracuse, New York admit that they had seen the bodies of the two murdered girls and apprehended? What if searchers were likely to be injured or killed system accord justice to the interests of society and its lawyer who in the mid-1970s lived such a case. Mr. Armani had told no one. Armani receives little support from his local bar. while searching for the girls in treacherous terrain? What if individual members....we limit our determination to the presented his story to central Ohio lawyers and law students at After Garrow is convicted of murdering the boy, the prosecutor another person was being charged with or convicted of murdering issue [of attorney-client privilege] and do not reach the Capital University Law School last April. You can read his story in asks a grand jury to indict both Armani and Belge for the crime of one of the girls? What if Garrow, a serial killer, had been ethical questions underlying the case.” Privileged Information, a book about the case that he co-wrote.1 not reporting the dead bodies. Armani defends himself by improperly arrested and, upon a proper motion from Armani, People v. Belge, 376 N.Y.S.2d 771 (NY App.Div. 1975). Here are the key points of the case in which Frank Armani testifying without immunity before the grand jury. The grand jury would have to be released – perhaps to kill again? risked his professional career, and his life, to represent a serial does not indict Armani, but does indict Belge.2 Frank Armani’s case has contributed to an important exception 3. N.Y. Bar Ass’n Comm. On Prof’l Ethics, O. 479 (1978) killer. The state bar brings disbarment proceedings against Armani, to client confidentiality now found in both the Model Rules of 4. Lerman, Armani, Morgan, and Freedman, “The Buried Bodies After murdering an eighteen-year-old boy, Armani’s former charging that he acted improperly by (1) failing to disclose to the Professional Conduct and the new Ohio Rules of Professional Case: Alive and Well after Thirty Years, 2007 SYMPOSIUM client, Robert Garrow is the subject of the biggest police manhunt authorities his knowledge of Garrow’s murders of the two girls Conduct. Ohio Rule 1.6(b)(1) provides that the lawyer may reveal ISSUE OF THE PROFESSIONAL LAWYER 19 at 22 (2007). in New York history. and the location of their bodies, (2) destroying the records of his “information relating to the representation of a client...to the After his capture, Garrow asks Armani to represent him. The conversation with Garrow and Garrow’s map, (3) attempting to extent that the lawyer reasonably believes necessary...to prevent 5. Mark Hansen, “The Toughest Call,” 93 A.B.A.J. 28 at 29 judge agrees and appoints Armani to represent Garrow on the plea bargain with information of two unsolved murders. The state reasonably certain death or substantial bodily harm....” (2007). murder charge—for assigned counsel compensation. bar waits four years before releasing its opinion finding that The importance of this case in the development of legal ethics Garrow plays psychological games with Armani and his co- Armani acted properly in every instance.3 has led a luminary in legal ethics, Professor Thomas Morgan, to counsel Francis Belge, but after several long trips by the lawyers to A contract killer reportedly has been hired to kill Armani. conclude that “...this case is not simply an interesting footnote. It where Garrow is being held, Garrow admits in confidence that he Armani’s wife and daughters are ostracized and threatened. They is a central case in the development of our understanding and 4 murdered the boy. temporarily move to a safer location. appreciation of what it means to be a lawyer. Armani’s law practice drys up. A friend tells Armani that if it This case is also about the courage of a lawyer who acted in the When his representation becomes known, Armani receives the [email protected] had been his daughter, he would have shot Armani. face of compassionate personal feelings for the parents of the dead scorn of the public, including many of his clients and friends. After his conviction and imprisonment, Garrow sues Armani girls, financial sacrifice, loss of clients and friends, death threats to Garrow tells Armani in confidence that he also has murdered for malpractice. himself and his family, threatened criminal prosecution, and and hidden the bodies of two young girls who have been reported Four years later, Garrow escapes from prison. A “hit list” of disbarment proceedings. Professor Lisa Lerman, a leader in the missing by their parents. He draws a map. persons he plans to kill is found in his cell. Armani’s name is on field of legal ethics, has said that she does not have many heroes Armani and Belge investigate and find the bodies of both girls. the list. who are lawyers, but that Frank Armani would be at the top of Armani decides that his oath of office prohibits him from Armani gives the police information based on his previous her list.5 disclosing this information either to the police or to the dead girls’ conversations with Garrow suggesting that he may be hiding in an Frank Armani does not consider himself to be a hero – but a frantic parents. He tells no one. area previously searched by the police. The police reluctantly re- lawyer doing what our system of justice depends upon lawyers to Armani makes an effort to plea bargain with this information, search this area. Garrow is there. There is a gunfight. Garrow is do. Real heroes seldom tell the rest of us that they are heroes. But hoping for an early agreement on an insanity plea whereby shot and killed by the police. that should not stop us from recognizing and appreciating a Garrow will spend the rest of his life in a hospital for the The case is commonly referred to as “The Buried Bodies Case,” member of our profession who, at great personal sacrifice, defines criminally insane and Armani will be able to disclose his although neither body was actually buried. The most enduring the essence of a good and decent lawyer. Lawrence Tibbles, knowledge of the dead girls. The prosecutor rejects a plea bargain. aspect of the case is that Armani kept confidential his knowledge April 2, 2008, the Ethics Institute of Capital University Law Capital University Law School

10 Summer 2008 Columbus Bar Lawyers Quarterly Summer 2008 Columbus Bar Lawyers Quarterly 11 Elections Elections

So, once again, whether or not an employee’s salary is paid by such activities are directed toward parties’ success...” as being federal funds is not relevant in the analysis. Instead, the analysis of prohibited by the statute. which employees are covered by the Act involves whether that Specifically in the case of State ex rel Northern Ohio Patrolmen’s employee’s job responsibilities have to do with any decision making, Benevolent Association v. Wayne County Sheriff’s Department, 27 First Tuesday After The First Monday administration or supervision regarding the use of federal funds. Ohio App. 3d 175 (1986), a County Sheriff Deputy was discharged Who enforces The Act and what are the potential sanctions? from his position for issuing a press release endorsing one candidate Pursuant to 5 U.S.C.S. § 1504, any time a federal agency learns for public office over another. He was discharged for a violation of AND THINGS TO KNOW ABOUT OHIO’S that a state or local officer or employee may be violating the Act, it Ohio’s “Little” Hatch Act and such discharge was upheld by the 9th is required to report the matter to Special Counsel for the Merit Appellate District Court of Appeals. Systems Protection Board. Special Counsel is charged with the You will note that the State of Ohio’s “Little” Hatch Act is “LITTLE” HATCH ACT duty to investigate and make recommendations to the Merit modeled after the Federal statute. Therefore, endorsing a candidate Systems Protection Board. Special Counsel is also required to for elective office if you are a state, county or municipal employee in mail a certified mail notice to the officer or employee that your official capacity would be a violation of the Act. In this case, contains a summary of the alleged violation, and notify him or the State’s “little” Hatch Act applies only to employees in the The prohibitions of the Hatch Act specifically her of the time and place for a hearing on the topic. The hearing “classified” civil service of the state. O.R.C. § 124.57. All elected apply to officers or employees of any date is then set, but it may not be less than 10 days after the date officials under Ohio law are in the unclassified service, so the State’s of mailing the notice to the officer or employee. Further, there is “little” Hatch Act does not apply to any elected officials. See By Christina L. Corl “state or local agency.” no statute of limitations that is applicable to the Hatch Act.7 O.R.C. § 142.11. Once the Special Counsel has investigated, he or she makes Public employees should be cognizant of the restrictions recommendations to the Merit Systems Protection Board which in contained in both the Federal Hatch Act and the Ohio “Little” turn issues notice of its findings to the state or local agency, officer Hatch Act, especially in this election year. Since anyone can report a ne of the perks of being Associate General Counsel for the Hatch Act if any of the other candidates are running on a or employee. potential violation of the Hatch Act, a little knowledge and caution the National Fraternal Order of Police is discovering all partisan ticket. 5 U.S.C.S. § 1503. For “substantial or conspicuous” infractions, the Board will go a long way. kinds of obscure federal statutes that affect the lives of In addition, simply putting a state or local governmental typically recommend that the employee be terminated. Typically public employees. In this election year, the provisions of employee on unpaid administrative leave will not cure any Courts and the M.S.P.R. have found that any partisan candidacy O violations of the Hatch Act. “Covered . . . employees are subject constitutes a substantial infraction and will recommend termination. the Federal Hatch Act and the Ohio “Little” Hatch Act will be of 1. particular importance, as these statutes limit the political activity of to the prohibitions of the Hatch Act regardless of leave status, However, the Board can recognize mitigating factors which would McKechnie v. McDermott, 595 F. Supp. 672 (N. D. Ind. 1984). 2. public employees. Below, please find an outline of everything you such that a covered state employee on leave without pay to run for warrant a lesser penalty than termination.8 Those factors are as Id. 3 political office is subject to the prohibitions of the Act.” follows: 3. Special Counsel v. Kehoe, 33 M.S.R.P. 56 (1987); Minnesota need to know about the Hatch Act. th Who is subject to the Hatch Act? 1. The nature of the offense and the extent of the employee’s Dept. of Jobs & Training v. M.S.P.B., 875 F. 2d 179 (8 Cir. What does the act prohibit? The prohibitions of the Hatch Act specifically apply to officers participation; 1989). or employees of any “state or local agency.” State or local agency 4. 5 U.S.C.S. § 1502 is titled “Influencing Elections; 2. The employee’s motive and intent; Special Counsel v. Williams 56 M.S.P.R. 277 (1993). means “. . . the Executive Branch of a state, municipality, or other 5. Taking Part in Political Campaigns; Prohibitions; 3. Whether the employee has received advice of counsel Id. political subdivision of a state, or an agency or department 6. Exceptions” and states as follows: regarding the activities at issue; See, Id.; Special Counsel v. Gallagher, 44 M.S.P.R. 57 (1990); thereof.” 5 U.S.C.S. § 1501(2). (a) A state or local officer or employee may not (1) Use his official 4. Whether the employee has ceased the activities; Special Counsel v. Fergus, 44 M.S.P.R. 440 (1990); Special A state or local officer or employee means: “. . . an individual authority or influence for the purpose of interfering with or 5. The employee’s past employment record; and Counsel v. Carter, 45 M.S.P.R. 447 (1990). employed by a state or local agency whose principal employment 7. affecting the result of an election or a nomination for office; 6. The political coloring of the employee’s activities.9 Special Counsel v. Purnell, 37 M.S.P.R. 184 (1988). is in connection with an activity which is financed in whole or in 8. (2) Directly or indirectly coerce, attempt to coerce, command, or Interestingly, even if the Board determines that termination of the Special Counsel v. Brondyk, 42 M.S.P.R. 333 (1989). part by loans or grants made by the United States or federal 9. advise a state or local officer or employee to pay, lend, or employee is warranted, the state or local agency is not required to Special Counsel v. Purnell, 37 M.S.P.R. 184 (1988). agency, but does not include: 10. terminate the employee.10 Instead, if the agency chooses not to Neustein v. Mitchell, 52 F. Supp. 531 (D.C.N.Y. 1943). contribute anything of value to a party, committee, organization, (A) An individual who exercises no functions in connection with terminate the offending employee, the penalty is forfeiture of federal agency, or person for political purposes; or (3) Be a candidate for that activity; or (B) An individual employed by an educational or elective office. research institution, establishment, agency, or system which is funds equivalent to two (2) years worth of that employee’s salary. 5 (b) A state or local officer or employee retains the right to vote as he supported in whole or in part by a state or political subdivision U.S.C.S. § 1506(a)(2). The agency is given 30 days after notice from chooses and to express his opinions on political subjects and thereof, or by a recognized religious, philanthropic, or cultural the Board to terminate the offending employee. candidates. organization.” In some cases, state or local agencies have terminated the (c) [provision] (a)(3) of this section does not apply to (1) The employee and then rehired the same employee at another or a governor or lieutenant governor of a state or an individual 5 U.S.C.S. § 1501(4). related state or local agency that does not receive federal funds. This authorized by law to act as governor; (2) The mayor of a city; (3) The relevant analysis concerning the employee’s contact with issue is also addressed in 5 U.S.C.S. § 1506. If the terminated state A duly elected head of an executive department of a state or federal funds is whether the employee “ . . . as a normal and or local employee is reappointed within 18 months to an office or municipality who is not classified under a state or municipal merit foreseeable incident to her principal job or position . . . performs employment in the same state in a state or local agency that does or civil-service system; or (4) An individual holding elective office. duties in connection with an activity financed in whole or in part not receive loans or grants from a federal agency, the same “two First, it should be noted that the Hatch Act does not prohibit all by federal loans or grants . . .”4 Whether or not the employee’s years’ pay” penalty applies to the agency that originally employed forms of political expression. It specifically prohibits using one’s salary is paid by federal funds is not a relevant consideration.5 the officer. In other words, the state or local agency simply cannot status as a state or municipal employee to influence the outcome of Activities that have been held to be “in connection with an activity move the employee in lieu of termination because the same “two any partisan election or proceeding. For instance, a state or city financed in whole or in part by federal loans or grants” have years’ salary” penalty will apply. employee is not prohibited from attending fundraisers, displaying included approving the use of federal funding, supervising In addition to the Federal Act, the State of Ohio has enacted what yard signs or bumper stickers, or attending political rallies.1 employees whose salaries are paid by federal funding, purchasing is termed to be the “Little” Hatch Act, O.R.C. § 124.57. The Act However, an employee cannot engage in campaigning during items with money obtained from federal funds, supervising the use states that “no officer or employee in the classified service of the working hours or use any official authority or influence for political of federal funds, overall responsibility for the operations of State, several counties, cities, and city school districts...shall directly purposes.2 department funded at least in part by federal funds, reviewing and or indirectly...be an officer in any political organization or take part The Act also prohibits a public employee from running for any analyzing policies and procedures to determine compliance with in politics other than to vote as he pleases and to express freely his elected partisan office. Specifically, the entire election must be applicable federal law, reviewing federal grant applications, political opinion.” The Ohio Administrative Code considers nonpartisan. Just because the particular employee may run preparing annual reports regarding federal funding, and preparing “campaigning by writing for publications, by distributing political Christina L. Corl, unaffiliated with any party, he or she would still violate the terms of press releases and answering questions regarding federal funding.6 material...on behalf of a candidate for partisan elective office, when Crabbe Brown & James

12 Summer 2008 Columbus Bar Lawyers Quarterly Summer 2008 Columbus Bar Lawyers Quarterly 13 Written Law Written Law

retroactively to someone who bought his home and committed his offense before the effective date of the statute. State v. Ferguson, 2007-1427. In this in print Practice Tips For The New pending case, the Ohio Supreme Court has agreed to decide whether Ohio’s current sex online offender registration law violates the Ex Post Facto and Retroactivity clauses of the U.S. We are Central Ohio’s only daily business SEX OFFENDER REGISTRATION LAW and Ohio constitutions. and legal newspaper. Subscribe Today! David Wilson and M.A. v. State, Case # 07 CV 1642, Declaratory Judgment with Class By L. Leah Reibel Action Allegations, Licking County, filed on

February 13, 2008. It raises various 614-228-NEWS (6397) • www.sourcenews.com challenges to the constitutionality of S.B. 10 he Adam Walsh Act,1 S.B. 10, is an update of Megan’s law, increased caseload. Some judges are automatically staying all the as a violation of the separation of powers which requires registration of sex offenders. The law also cases, and some have issued Injunctions. Some are issuing a Notice doctrine and the contracts, retroactivity, due requires in-person verification at the county Sheriff’s office, of Stay for each individual case, and some are staying the community process, double jeopardy, and inalienable and in the most serious cases, community notification. The notification requirement but not the registration requirement. This is rights clauses, with the Ohio Justice and T problematic, when for example a person’s duty to register with the Policy Center taking the lead. Westlaw Practitioner: Adam Walsh Act is currently undergoing several legal challenges on the basis that it is unconstitutional. sheriff’s office has expired, but they have to register again under the gateway to research The new sex offender classification system is completely crime new law. Additionally, depending on the final outcome of pending Resources driven. In other words, a person is automatically classified according challenges to the law, once a person is in the computer system as a Contact the Central Ohio Association of tools for your specialty, to the crime of conviction; regardless of the facts of the particular sex offender, it is extremely difficult to get them out. Criminal Defense Lawyers to speak with case, likelihood of reoffending, previous criminal history, and other Interestingly for criminal law practitioners, these cases are local attorneys about S.B. 10 cases, (614) your jurisdiction. normal sentencing factors. The Adam Walsh Act imposes a three-tier considered civil actions. When the offender receives the 488-8528. system, going from least to most grave: reclassification letter from the Attorney General’s office, the offender The Office of the Ohio Public Defender Tier 1) Must register for 15 years for adults, 10 years for has 60 days from receipt to challenge the reclassification, (although has information regarding ongoing litigation, juveniles, with annual in-person verification at the county Sheriff’s Doe v. Dann has extended that deadline). Procedurally, the first step as well as template forms to use, at www.opd.ohio.gov. Go to the “Attorney office. Includes importuning, voyeurism, sexual imposition, is to file a Petition to Contest Application of the Adam Walsh Act Information” tab where there are many pandering obscenity, menacing by stalking with sexual motivation, and to request a hearing pursuant to R.C. 2950.032(E). When the helpful sample pleadings, copies of entries and other offenses. No community notification. petition is filed, it will be filed in the civil division, given an “MS” filed in counties across the state, and an Tier 2) Must register for 25 years for adults, 20 years for case number and set for a hearing. At that point, the Franklin updated chart on how each county is juveniles, in-person verification required every 180 days. Includes County Public Defender or a court-appointed attorney will be handling their S.B. 10 cases. compelling prostitution, pandering obscenity involving a minor, appointed, if there is not already an attorney on the case. If the For information on other counties, you illegal use of a minor in nudity-oriented material or performance, particular court or judge has not already issued a blanket stay for all can call Jay Macke, Office of the Ohio Public gross sexual imposition (victim under 13), certain types of child cases, the attorney can request an Entry of Stay for the particular Defender, 800-686-1573. endangering, abduction with sexual motivation, and others. No case. The prosecutor’s office will often file a Memorandum opposing Some counties have issued a county-wide community notification. the appointment of counsel, on the basis that it is a civil action and stay order that stays the retroactive effect of Tier 3) Lifetime registration for both adults and juveniles, in- there is no right to counsel. the new law for offenders who have filed person verification required every 90 days. Includes rape, sexual If a person was previously labeled a sexually oriented offender or timely petitions. These counties include battery, murder with sexual motivation, certain sections of a habitual sex offender and was not previously subject to community Allen, Geauga, Licking, Lorain, Medina, kidnapping, felonious assault with sexual motivation, and others.2 notification; and has now been reclassified a Tier III offender with a Stark, Summit, Van Wert, and Warren. community notification requirement, they can file a Motion for Community notification required Relief from Community Notification. One-screen access! The old Megan’s law also had three levels of offenders, but 1. Amends Ohio Revised Code 2950.01 et Now a single screen brings you access to a wide variety Federal required registration for only 10 years for the lowest level offender, seq. of practice tools – all thoughtfully selected to meet your John Doe I et al v. Marc Dann, Ohio Attorney General, et al. ® and 20 years for most of the middle level of offenders; among other 2. Note that an attempt, complicity, or specialized information needs. Westlaw Practitioner is a Case No. 1:8:CV-00220-PAG (N. Dist. Ohio), (“Doe v. Dann”) differences. conspiracy to commit any of these offenses tightlytightly focused, workflow-based practice aid designed to Federal court Judge Patricia Gaughan issued an agreed order on According to the State Public Defender’s Office, at least 26,000 is still the same tier. So, for example, an deliver everyday resources to the busy lawyer. February 6, 2008 that extended the 60-day filing deadline to offenders are subject to reclassification in the state of Ohio. There attempted rape still requires lifetime Choose your Practitioner from twelve topical areas. All will save you time and money, challenge reclassification and stayed community notification only for are concerns about the ex post facto nature of this law and its registration. with unlimited access to included materials at a fixed monthly rate. constitutional implications. Many offenders sentenced under those who were not previously required to register. Under this Megan’s Law have finished their years of registration, and now find decision, persons affected by S.B. 10 retroactively must still register, Westlaw Practitioner is currently available for these practice areas: that they will be registering for life. Challenges to the application of but the case simply gives people who have yet to file a legal challenge •• BankruptcyBankruptcy • Estate Planning • Municipal Law the law can also raise a breach of contract issue. A person entering more time to do so. The current order is not a permanent injunction •• BusinessBusiness Law • Family Law • Patent Law into a plea agreement years ago had no idea they were signing up for and the case is still pending. [email protected] •• BusinessBusiness Transactions • Immigration Law • Real Property a lifetime of registration and public humiliation. One of the most Mikaloff v. Walsh, Case #5:06-CV-96 (N.D. Ohio, filed September •• EmploymentEmployment • Insurance Defense • Securities troubling aspects of the new law is that it subjects juveniles to the 4, 2007). The Northern District of Ohio held that Ohio’s residency Call 1-800-762-5272 toto scheduleschedule a consultation in your office, at your convenience. same classification scheme as adults, including lifetime registration. restrictions are punitive and they violate the Ex Post Facto Clause of It is also generally no longer possible to seal a juvenile sex offender the U.S. Constitution when applied retroactively. case. InIn stepstep withwith youryour practice.practice. State Franklin County Practice Hyle v. Porter, 117 Ohio St.3d 165, 2008-Ohio-542. The Ohio The judges in Franklin County vary in how they are handling this Supreme Court held that Ohio’s residency restrictions do not apply L. Leah Reibel ©© 2006 2006 West,West, aa ThomsonThomson business L-324331/8-06 Visit west.thomson.com

14 Summer 2008 Columbus Bar Lawyers Quarterly Summer 2008 Columbus Bar Lawyers Quarterly 15 Written Law In Court

law involving comparable federal rules, a experts: Frederick Graff, D.C. and Namid company may have to suspend the Dadmire, M.D. Defendant’s expert: Joseph On Preservation And operation of part of its computer system, if Schlonsky, M.D. Settlement demand: it is set to automatically destroy emails $60.000. Settlement offer: $15,000. Three after a certain period of time, in order to Civil Jury Trials day trial. Plaintiff’s attorney: Christopher Discovery Of Electronically avoid sanctions for the destruction of Pettit. Defendant’s attorney: Kim evidence Schellhaas. Judge: Magistrate Tim Attorneys must become familiar with FRANKLIN COUNTY McCarthy for Judge Julie Lynch. Traci Stored Information technical issues related to computer DeCarlo v. Janet Leffler, et. al., Case No. software, ESI and the computer systems of 04 CVC 8730 (2006). their clients. Attorneys cannot rely solely on client assurances that the client has COMMON PLEAS COURT Verdict: $10,000. Personal Injury/Auto NEW RULE FOR OHIO preserved all the ESI needed to be Accident. On April 15, 2003, Defendant preserved. An attorney must advise a client By Belinda S. Barnes and Monica L. Waller caused a multi-vehicle chain reaction rear facing litigation of the client’s obligation to end accident. Plaintiff occupied the fourth By Douglas L. Rogers preserve relevant documents/ESI and vehicle ahead of Defendant. His vehicle should also take steps to confirm the client sustained a small dent in the middle of has in fact preserved the documents/ESI. both the rear and front bumpers. Plaintiff To help practitioners, a nonprofit Verdict: $12,075.00. Auto accident. suffered neck and shoulder pain nless the Ohio General Assembly Under new Rule 34(B), a party organization that has been working on ESI erdict: $21,500.00. Auto Defendant’s vehicle struck the rear of the immediately following the accident. He unexpectedly adopts a resolution requesting ESI may specify the form or discovery practices for years, the Sedona Accident. Defendant Veddern vehicle of the plaintiff (50 years old). also suffered from hepatitis B, which was of disapproval before July 1, forms in which the ESI is to be produced, Conference, has a posted developed failed to yield turning left and Plaintiff complained of no pain at the in remission at the time of the accident. He 2008, new Ohio Rules of Civil such as “native” format – the file structure guidelines concerning discovery and struck a car in which Plaintiff V scene. The police were not called and was given non-steroidal anti- U of the information originally created with Misty Davis, 28 years old, was riding as a Procedure pertaining to the preservation preservation of ESI on its website, and discovery of electronically stored an application/program (e.g., a .doc file for www.sedonaconference.org. passenger. Mr. Veddern’s negligence was plaintiff went to his chiropractor in inflammatories for his neck and shoulder information (ESI) will become effective on a Word document). Other possible file The Electronic Discovery Reference admitted in exchange for a cap on Wheeling, West Virginia three days after pain. Several months later, Plaintiff July 1. formats for production include various Model is another established project damages. Plaintiff incurred a non-displaced the accident with complaints of neck pain suffered liver failure and had a liver Discoverable ESI can include e-mails, static formats, such as .pdf or .tiff. The addressing practical problems associated fracture of the fifth metatarsal (boxers and headaches. Plaintiff first started transplant. Plaintiff’s counsel argued that Word documents, Excel spreadsheets, party receiving a request for ESI in a with electronic discovery that provides on fracture) requiring immobilization and treating with the chiropractor in 1987. the care Plaintiff received for the auto Power Point documents, text messages, particular format can object to producing its website, www.edrm.net, significant pain medication. She was employed Plaintiff and the chiropractor testified that accident injury led to reactivating through a temporary agency in a machine voice mail messages and any other it in that format, and suggest an alternate resources for attorneys to review for the initial treatment was for low back. 18 Plaintiff’s hepatitis B and resulted in his shop and missed approximately two electronic information stored on easily format for production. If the parties do not assistance. Finally, the National months after the accident, the family liver failure and transplant. The total months of work. Ms. Davis was a divorced accessible parts of the hard drive of a reach agreement, the court will have to Conference of Commissioners on State doctor referred the plaintiff to pain medical expenses presented to the jury, mother of four at the time, the children’s computer (sometimes referred to as active decide the form of production. If the Laws has developed Uniform Rules management. Medical bills: $19,059. No including the costs related to the liver ages ranging from 15 months to 8 years requesting party does not specify the form Relating To The Discovery of lost wages. Plaintiff’s experts: Robert failure transplant, came to approximately or on-line data). Discoverable ESI can also old. Ms. Davis had photographs of the in which it wishes the ESI to be produced, Electronically Stored Information that Helfer, D.C. and Steven Mills, M.D. No $574,000. Defense counsel argued that the include less accessible ESI, such as back-up bruising to her left lower calf and the the “responding party may produce the differ certain respects from the Ohio Rules defense expert. Settlement demand: legitimate medical expenses incurred to tapes and deleted documents (documents immobilized left arm and submitted information in a form or forms in which but that contain helpful notes and $50,000. Settlement offer: $2,000. Two treat the actual soft tissue neck and that the user has deleted from the directory medical expenses that included about six the information is ordinarily maintained if commentary at http://www.law.upenn. shoulder injury totaled $4,562.19. Plaintiff system of a computer but that may still weeks of chiropractic treatment. Medical day trial. Plaintiff’s attorney: James that form is reasonably useable, or in any edu/bll/archives/ulc/udoera/2007_final.htm. also argued that he lost approximately reside in the unallocated file space of a bills: $7,300. Pain and suffering: $12,000. Nichelson. Defendant’s attorney: Gary L. An ounce of prevention in terms of $50,000 in earnings because of the hard drive). Discoverable ESI may be form that is reasonably useable.” Lost wages: $2,200. Plaintiff’s expert: Grubler. Judge: Lynch. Judge Sitting By reviewing available resources on the automobile accident, liver failure and found not only on a company’s central As a matter of common law, once a James Hardin, D.O. No defense expert. Assignment: John Martin. John Mattern, discovery of ESI and communicating transplant surgery. The wage loss related to computer systems, but also on laptops and company reasonably expects litigation will Settlement demand: $20,000. Settlement et al. v. Ronald Williams. Case No: other computers used by employees in their occur, the company has an obligation to clearly with the client can help prevent offer: $18,000. One day trial. Plaintiff’s 04CVC-04-4044 (2006). the soft tissue injuries was $500 to $600. homes. Failure to understand the preserve ESI that is likely to be relevant to severe consequences later. attorney: Andrew W. Cecil. Defendant’s Plaintiff’s experts: Dr. James O’Donnell, application of these rules to ESI and the the claims and defenses of the dispute. If a attorney: James E. Featherstone. Judge: Verdict: $11,214.83. Auto Accident. doctor of pharmacology from Chicago, corresponding obligations of counsel could client does not preserve the required Schneider. Misty Davis v. Harold Veddern, Stipulated liability. Rear end collision. Illinois, and local treating physician, Dr. result in clients losing cases and in clients documents, the client and its attorneys can Case No. 05CVC-01-215 (2006). Damage to plaintiff’s car was $500. Larry D. Swanner. Defendant’s expert: Dr. and counsel being sanctioned. be sanctioned and lose the case. Damage to defendant’s car was $3,000. Carolyn Brackett, Associate Professor of Under new Rule 26, a party may obtain New Rule 37(F) provides a limited safe [email protected] Verdict: $16,000.00 ($15,530.00 for Plaintiff claimed permanent soft tissue Pharmacy, Ohio State University School of relevant discovery of ESI unless production harbor in connection with a failure to Debra Crockett and $470.00 for Donald injury to her spine including neck, mid Pharmacy. Settlement demand: $700,000. would impose an undue burden or cost, preserve ESI: “Absent exceptional Crockett). Auto Accident. This was a rear- back and low back. She also claimed to Settlement offer: $30,000. Eight day trial. taking into consideration such matters as: circumstances, a court may not impose end collision automobile accident wherein have herniated a disc in her cervical spine Plaintiff’s attorneys: James Blumenstiel and (a) the discovery sought is cumulative or sanctions under these rules on a party for the plaintiff claimed a mild strain to the at C5-6. Treatment consisted of an Aaron Falvo. Defendant’s attorney: duplicative; (b) the information can be failing to provide electronically stored neck and lower back. Medical bills: emergency room visit, two years of Thomas J. Keener. Judge: Hogan. Joseph obtained from some other source; (c) the information lost as a result of the routine, $16,990.40. Lost wages: $1,827.30. chiropractic treatment and three consults Gbonoi, et al. v. Tri-City Industrial Power, party seeking discovery has had ample good faith operation of an electronic Plaintiffs’ expert: Dr. Guyton (physical with a neurologist. There was a six month Inc., et al., Case No. 04CVC-02-1736 opportunity to obtain the information; and information system.” The Rule lists certain medicine and rehabilitation). Defense gap in plaintiff’s treatment and some (2006). (d) the burden of the proposed discovery factors a court may consider in expert: Dr. Walter Hauser (orthopedic evidence suggesting that plaintiff was outweighs a likely benefit. Assuming state determining whether destruction of surgeon). Settlement demand: $70,000. assaulted during that period of time. There Verdict: $5,000. Auto Accident. Rear end courts follow the lead of federal courts, if documents would constitute the “routine, Settlement offer: $17,000. Plaintiffs’ was also some diagnostic finding indicative collision. Clear liability. Plaintiff was the requested ESI is on-line or active, the good faith operation of an electronic attorney: Daniel White. Defendant’s of plaintiff having multiple sclerosis. Jury stopped at a red light, driving a delivery burden will be on the party who would information system” justifying not attorney: Jill Mercer. Judge: Martin awarded $3,214.83 in medical bills and van for his employer. He was struck from otherwise produce the information to imposing sanctions for the destruction. Douglas L. Rogers, (visiting judge). Debra L. Crockett, et al. v. $8,000 in pain and suffering. Medical bills: behind by the defendant on April 12, establish that production would be unduly Notwithstanding new Rule 37(F), based on Vorys Sater Seymour Dorinda Jordan, et al., Case No. 04CVC- $15,810.00 including a $6,800 burdensome. the factors listed in 37(F) and federal case and Pease 10-10344 (2006). chiropractic bill. No lost wages. Plaintiff’s Continued on Page 18

16 Summer 2008 Columbus Bar Lawyers Quarterly Summer 2008 Columbus Bar Lawyers Quarterly 17 In Court In Court

Continued from Page 17 LASIK surgery and that the surgery caused after the accident. Plaintiff alleged that essential ingredient of effective problem the detachment. The defense alleged that the defendant was intoxicated at the time of the solving. 2002. Plaintiff claimed soft tissue injuries plaintiff was a proper candidate for the accident. The Court bifurcated compensatory 7. A confident lawyer is more likely to only. Medical bills: $8,268.57. Lost wages: surgery, that he received full informed damages from the punitive damages claim. be successful and happy. A chronically $1,428.00 (no future claimed). Plaintiff’s consent for the surgery, that he was properly Medical bills: $3,300. Lost wages: $5,000- anxious, self-doubting lawyer is generally $6,000. Plaintiff’s expert: Mark Matvey, D.C. Ten Lessons not very happy or successful. A good expert: Dr. Butler (Cleveland, OH). No treated/evaluated post-surgery, and that the Ten Lessons defense expert. Settlement demand: surgery did not cause the detachment. No defense expert. Settlement demand: lawyer builds confidence by mastering the $35,000. Settlement offer: $1,500. Two Medical bills: For subsequent retinal $19,300. Settlement offer: $2,800. Two day A YOUNG LAWYER MUST LEARN necessary knowledge and skills in a chosen day trial. Plaintiffs attorney: Albert C. surgeries. No lost wages. Plaintiff’s expert: trial. Plaintiff’s attorney: Barry Epstein. area of practice. When you demonstrate Sammon. Defendant’s attorney: Daniel P. Mark Abrams, M.D. Defendant’s expert: Defendant’s attorney: Rick E. Marsh. Judge: FOR SUCCESS AND HAPPINESS justifiable confidence, you will attract Whitehead. Judge: Reece. Joseph Reale v. Curtin Kelley, M.D. Settlement demand: Hogan. Michael Crowder v. Andre O. clients, earn the respect of your colleagues Poulin, Case No. 04CVC-06-06501 (2006). Lakishia Alexander, Case No. 04CVH-04- $450,000. No settlement offer. Six day trial. and maximize your effectiveness as a 3946 (2005). Plaintiff’s attorney: Richard Topper. IN THE PRACTICE OF LAW lawyer. No lawyer is perfect and every Defendant’s attorney: Brian M. Kneafsey, Jr. lawyer makes mistakes — but a good lawyer does not let that fact erode self- Verdict: Defense verdict. Medical Judge: Hogan. Patrick Love v. Revision [email protected] confidence. Mistakes present some of the Malpractice. Plaintiff was a gentleman in Advanced Surgery Center, Inc., et al., Case By The Honorable William A. Klatt [email protected] best learning opportunities. No. 04 CV 009428 (2006). his early thirties who underwent elective 8. Never compromise your personal LASIK surgery (where the cornea of the eye integrity or your professional ethical is sculpted by a laser to improve distance Verdict: $0.00. Automobile accident. On he practice of law is a demanding 3. Although a strong work ethic is an obligations. Putting aside the obvious February 18, 2003, on North Fourth Street, vision) at Revision Advanced Surgery and challenging profession — and essential characteristic of any good lawyer, threat to your law license, nothing should Center. Plaintiff sued the surgery center, the Columbus, Ohio, plaintiff stopped in a large it can also be a very enjoyable and you need to maintain a balance in your life. be more important to a lawyer than a ophthalmologist, and the optometrist dump truck that he was using for snow fulfilling one. Although law Too much of a good thing can have reputation for honesty, integrity, and involved. The surgery was uneventful and removal and he was rear-ended by the T unintended adverse consequences. It is very professionalism. Although the legal schools do a good job preparing students plaintiff’s vision was greatly improved, but defendant who was driving a Cadillac. There for the bar examination, there are some important to develop and maintain the community in central Ohio is large, it does six days post-surgery the plaintiff was no damage to either vehicle and plaintiff important lessons that are difficult to teach proper balance between your professional not take long for an attorney to develop a experienced a retinal detachment. As a did not complain of injury at the scene of the in an academic setting. Most of these obligations and those obligations you have reputation among lawyers and judges. result of the detachment, plaintiff lost accident. The next day he went to his family lessons are not directly related to the study to yourself, your family, friends, and your Damage to your reputation can occur even partial vision in one eye. Plaintiff alleged doctor who referred him to a chiropractor. Belinda S. Barnes and of law. Nevertheless, I believe they are community. There is no magic formula. Each more quickly and can be difficult to repair. that he was not a proper candidate for The chiropractic treatment began eight days Monica L. Waller critical to professional success and person must find and maintain a balance 9. Set and maintain high standards for happiness. I have listed below ten lessons that works for him or her. A lawyer with any written product that bears your name. that I believe a young lawyer must learn to balance in his or her life is far more likely to Whether it is a letter, legal opinion, achieve success and happiness in the practice cope effectively with stress and to memorandum, pleading, motion, or brief, of law. consistently demonstrate the mental energy, that written product is a direct and lasting 1. You have to take primary responsibility judgment, and interpersonal skills necessary reflection of your abilities as a lawyer. Legal and for your own professional development. for long-term happiness and success in the 10. Every few years assess whether you public notices Unlike law school where there is an practice of law. are getting all that you want out of your provide established curriculum, there is no set 4. Always treat your secretary, office staff, professional life. The practice of law offers information curriculum once you enter the practice. court reporters, paralegals, and court a diverse array of professional that benefits Given the challenges lawyers face in meeting personnel with the utmost courtesy and opportunities and substantive areas. If you respect. These people all have important jobs local their day-to-day professional obligations, it are not happy with your professional life, to do and a lawyer can learn a lot from invest the time and energy needed to businesses. can be difficult to find the time and energy to assess what knowledge or skills you need them. Moreover, many a lawyer has been determine why, and if necessary, explore to develop or improve in order to excel in saved from embarrassment or worse, due to other practice areas that might be a better your chosen area of practice. A periodic self- the diligent efforts of a secretary, clerk, or fit for your natural abilities and assessment of your strengths and weaknesses staff member. These people deserve your personality. You are more likely to excel in is the first step toward becoming a better respect and support. an area of the law you enjoy. Life is short lawyer. The second critical step is to develop 5. Good lawyers are problem solvers — — don’t waste it doing something that Bankruptcies, mechanics’ liens, new and implement a strategy to work on your not just problem identifiers. Few things will does not take advantage of your natural corporation filings, real estate weaknesses. Watch and learn from lawyers turn a client away more quickly than a interests and abilities. transfers, properties being sold at who are recognized for their competence and lawyer who focuses on identifying all the A lawyer who learns these lessons is far sheriff’s sales — knowing what’s professionalism, and then seek out obstacles that stand in the way of the client’s more likely to realize success and objective, but fails to offer potential happening in the community could opportunities to implement what you have happiness in his or her professional life. solutions to overcome those obstacles. It is prevent you from making costly learned. also important to understand the context of mistakes. 2. Remember, the practice of law is the problem. A good lawyer recognizes that primarily a people-oriented profession. the context of the problem often provides [email protected] Subscribe today! Work ethic, interpersonal skills and personal 614-228-NEWS (6397) clues to the solution. Fundamentally, integrity are critical components for long- www.sourcenews.com clients want problem solvers. term success and happiness in the practice of 6. A good lawyer is intellectually law. A lawyer who works hard and can tenacious. Don’t stop researching an issue relate well to clients, colleagues, opposing until you are satisfied that you fully counsel, judges and court personnel has the understand all the relevant points of law. A The Honorable essential ingredients for sustained success. Central Ohio’s source for complete understanding will allow you to William A. Klatt, daily business and legal information The smartest lawyer is not necessarily the recognize nuances and to draw Tenth District Court of best or most successful lawyer. distinctions. Intellectual tenacity is an Appeals

18 Summer 2008 Columbus Bar Lawyers Quarterly Summer 2008 Columbus Bar Lawyers Quarterly 19 In Court In Court

their way to the proper files within five works with defendants to resolve their days. issues so they do not continue in a cycle of Demand For Anti-Stalking “Several adverse things happened to us picking up cases. all at once at the end of the year,” he My pedometer on any given day shows commented. Practicing Law that I walk two to three miles per day in Orders Keeps Going Up The office began “imaging” documents at the courthouse. My personal best is ten the beginning of 2007 and they became cases in one morning. I know of others available through the FCJS at the end of IN THE FRANKLIN COUNTY who have accomplished more. Attorneys Filings have continued to increase in 2008 and Atiba Jones, the year. Meanwhile, the data entry staff are able to handle multiple cases due to the had not been able to keep up, Migliore cooperation of the court. the court’s executive director, worries that even more dramatic said. So, overtime was authorized for 10 to MUNICIPAL COURT Cases move very quickly in Municipal increases might be in store during the summer as gasoline prices, 20 employees to be working at least six Court due to speedy trial issues. Getting all hours each weekend for several weekends, evictions and foreclosures keep heading upward while the By Sallynda Dennison of the cases scheduled with dates that work and three additional data entry operators for all the parties and the court, within economy continues to sink. we permanently hired, he explained. speedy trial limits, and for cases in which Lack of space has been a big problem in time is waived, within the Supreme Court handling documents, Migliore noted. “Due variety of charges. They are brought in by reporting limits can get very complicated. to the increase in cases filed – and the f you have never been to the Franklin the deputies, three or four at a time, to It is rare, however, that a case has to be increase in foreclosure cases in particular – County Municipal Court, here is what By The Honorable David E. Cain stand by the wall. One prosecutor reads dismissed for speedy trial issues. we have outgrown the space created to you can expect on any given day. On The cell phone is an indispensable tool store the files.” Files had been stuffed average, four hundred forty one new the charge. A variety of other people are I there with various information concerning when handling multiple cases in a given together so tightly it took a while just to criminal, traffic, and environmental cases the defendant or the charge. Three public morning. Whether it is hearing from common pleas magistrate the hearings. A support staff member was get a file pulled out, he continued. are filed each day. There is plenty of work defenders are present to help with nervous clients, looking for missing clients, hearing requests for Civil also hired to prepare all correspondence, The clerk’s office was able to obtain new to do if you like that sort of thing and I do. unrepresented defendants. Bonds are set. searching for prosecutors that are not Protection Orders (CPOs) file all entries and assist the magistrate. space on the fifth floor of the Hall of It is very satisfying, relatively low stress assigned to a courtroom or calling your survived barely more than a year Liaisons accompany the persons seeking Justice and 18,000 files from 2004 and (life in prison is not an option) and dare I Defendants get to make bond. Cases move A CPOs to the common pleas judge who is 2005 cases have been taken from the third say it...fun. The various personalities of the forward. The court operates six days per office for information, make sure you have on a part-time basis. She is now working plenty of cell minutes. You are going to full-time as the demand continues to serving as Duty Judge for the week and an floor to the new storage area. That has defendants, prosecutors, judges and other week. need them! skyrocket. ex parte hearing usually results in a CPO eased the space problems and created a people, including bailiffs (that’s for you, Duty judges deal with a myriad of issues While it might sound like utter chaos, In April, 2007, the judges hired Attorney being issued. However, a hearing is better work flow for the records room Rob), involved on a day to day basis make that come up and are not otherwise it’s not. While any system can be Pam Erdy, who had a criminal and scheduled the following week before the staff. Also, two records management clerks working there very enjoyable and once in assigned to a judge already. They do improved, the Franklin County Municipal domestic practice, to conduct CPO magistrate. The CPO respondent (the have been added to the staff, Migliore said, awhile, you can actually make a difference. everything from review and approve search Court, prosecutors, and attorneys work hearings from 4 p.m. to 8 p.m. Mondays person accused of causing or threatening and he believes the new employees in the First, here are some basics about the warrants to perform weddings. They are together to make the system function as through Fridays. harm) is notified of his or her right to office will enable the office to keep current. Franklin County Municipal Court. There on duty 24/7 for their assigned week. efficiently as possible. Feel free to visit. The court’s eight general magistrates had attend and be heard. are fifteen sitting judges, each handling All misdemeanor cases from Franklin Pick a courtroom and see for yourself. been taking turns with CPO hearings but CPOs are seen as a helpful tool in FORECLOSURES KEEP CLIMBING criminal, traffic and civil cases. One court County, except those in the various having trouble keeping up with other fighting domestic violence because police focuses mainly on environmental cases. mayor’s courts, are handled in the Franklin In 1995, a total of 1,956 foreclosures In 2007 there were in excess of 161,000 responsibilities as a result. The late are much more likely to make an There is a mental health court and four County Municipal Court. There is an were filed in the Franklin County Common new filings. Exact figures for 2007 are afternoon and evening hours were set to immediate arrest if a CPO is in place and a arraignment courts. Criminal complaints assistant city attorney assigned to each Pleas Court. 32,549 criminal complaints, 122,664 accommodate the public by allowing for respondent is violating the “stay away” and OVIs, issued by summons and/or courtroom who handles all but a few of Last year, that number hit 9,000. They are after hours scheduling. provisions. where a bond has already set, are the jurisdictions. Hilliard, Reynoldsburg, traffic cases and 5,969 environmental running at 1,000 a month this year making arraigned in Courtroom 4c. Defendants in Gahanna, Brice, Dublin, New Albany, cases. Figures provided by the Franklin But case filings for CPOs grew another it quite possible for the figure to pass custody are arraigned in Courtroom 4d. Grandview and a few others each have County Municipal Court Clerk. 76% in 2007 – from 588 filings in 2006 to CLERK HAS CAUGHT UP 12,000 by year’s end. their own prosecutors that appear in the 1,032 in 2007. And general magistrates Historically, foreclosures have accounted All traffic cases, except OVIs, are Franklin County Municipal Court going were once again conducting hearings in an The Common Pleas Clerk of Courts for about 40% of the civil docket. But each arraigned in Courtrooms 1a and 1b. The from courtroom to courtroom. effort to keep up. So, the court placed Ms. Office has recovered from a filing back-up judge has been getting about 100 new civil fifteen judges rotate weekly between Erdy on a full-time basis in May, 2008. that plagued operations in mid-winter, Courtrooms 4c, 4d, and duty. Magistrates Additionally, the City Prosecutor’s Office cases every month and about two-thirds [email protected] Her hearing hours are now 11 a.m. to 8 office leaders reported. are foreclosures. handle the 1a and 1b arraignment courts. has a domestic violence team. Every six p.m. Mondays through Thursdays and 8 In mid-March, Clerk John O’Grady And each judge continues to get about Most days, Courtroom 4c handles months the assistant city prosecutors are a.m. to 5 p.m. on Fridays. came to a monthly judges meeting to 50 new criminal cases each month. hundreds of the cases. The assigned rotated to different courtrooms. Filings have continued to increase in report a backlog of two to three weeks in prosecutor makes an honest effort to The unresolved cases are randomly 2008 and Atiba Jones, the court’s executive getting case data inputted to the Franklin resolve as many of the cases as possible. assigned to one of fourteen judges. The director, worries that even more dramatic County Justice System (FCJS) which is Two employees of the Prosecutor’s Office court has a single assignment policy. This increases might be in store during the accessed by computers throughout the [email protected] check defendants in and direct the cases means that if a defendant has more than summer as gasoline prices, evictions and court. The office was also several weeks where appropriate. Three or more public one case, all cases are assigned to the same foreclosures keep heading upward while behind in getting documents into their case defenders attempt to work out the cases judge even if the cases arose from separate the economy continues to sink. files. The judges knew a backlog of some for those who qualify. A bailiff assists the incidents. On a criminal/traffic day, a judge In January, 2007, the court took over sort was occurring, but O’Grady promised judge and a clerk works to process may have on average fifty to seventy cases. the administrative functions of CPO filings that overtime and new hirings would solve paperwork as fast as is humanly possible, We are fortunate, in Franklin County, to from the Clerk’s office. In addition to the the problem by early April. usually working long after everyone else have a mental health court. Those part-time magistrate, the court hired two A few weeks later, David Migliore, chief The Honorable has left. The ability to multi-task is a plus defendants who pick up minor cases due to CPO liaisons to coordinate the process deputy in the office, reported that data was David E. Cain for the judges. mental health issues can be transferred to with petitioners, to assist in completing all being inputted to the computer within Franklin County Courtroom 4d has a very different the mental health court. This court along Sallynda Dennison, necessary paperwork and to schedule all three days and documents were making Common Pleas Court atmosphere. The defendants are held on a with a group of mental health experts Dennison Law Office

20 Summer 2008 Columbus Bar Lawyers Quarterly Summer 2008 Columbus Bar Lawyers Quarterly 21 In Court In Court

litigation cases, Medicare can be named in counsel to review a copy of draft decisions the Complaint as an interested party plaintiff have been denied, and counsel is not MEDICARE or defendant, pursuant to Rule 19 of the permitted to participate in discussions Ohio Rules of Civil Procedure. The Assistant between the hearing officer and their U.S. Attorney entering an appearance in the supervisor. SUBROGATION action on behalf of Medicare is going to be 119 Appeals equipped to quickly liquidate and obtain Deficient Notice — While a portion of this authority to settle the Medicare subrogation deficiency has been remedied, it is very NEVER LET THE “SLEEPING DOGS” LIE lien. Of course, Medicare subrogation is a ARE ALL DECISIONS ENTITLED TO common for caseworkers to issue a denial federal question; however, the U.S. Attorney or a termination of Medicaid benefits, in Ohio rarely removes state court personal DEFERENCE BY THE JUDICIARY? citing either a manual code section, which By Robert W. Kerpsack injury actions to federal court. Even in non- is not part of the Ohio Administrative litigation personal injury and wrongful death Code, or issuing a general denial saying cases, local U.S. Attorneys’ offices can be By William J. Browning that the applicant was “over resourced.” very helpful in facilitating and streamlining At the actual hearing, the caseworker process can tie-up a disbursement of the net the process of liquidating and settling t has probably happened to most us supplies an “appeal summary,” which involved in personal injury litigation. settlement proceeds for a year or more. Medicare liens. to the issuance of subpoenas; however, the Why not just disburse a Medicare he 119 process is a quasi-judicial usually contains separate and distinct code After countless hours of investigation, In working on resolving Medicare ODJFS, through its hearing section, refuses recipient’s personal injury or wrongful death process utilized by state agencies sections not referenced in the original discovery, posturing, and negotiation, a subrogation claims, I have come to learn that to issue subpoenas. Clearly, subpoenas I settlement without notifying Medicare? the regional offices of the U.S. Attorney in for purposes of handling disputes denial. In other words, applicants who settlement of a Medicare recipient’s personal requiring the attendance of the Governor Chances are Medicare will never find out Ohio have an established policy and practice of decisions issued by agencies. appeal decisions arrive at the hearing only injury or wrongful death action is finally T or other elected officials may be rightfully about the settlement. Unfortunately, of recommending that Medicare take no Whether the agency happens to be the to find the code section that was initially reached. All of the lawyers on the case are denied; however, this hearing section does Medicare recipients, their lawyers, and the more than one-third of a gross personal Environmental Protection Agency, the Fire cited in the denial was not the code section elated. The plaintiffs’ lawyer is happy Marshal, or the Ohio Department of Job not issue subpoenas for caseworkers, upon which the caseworker relied. because a long-overdue contingent fee liability insurers paying the settlement are all injury or wrongful death settlement, individually liable for reimbursing Medicare, regardless of the amount of the Medicare and Family Services, their decisions are supervisors, state medical personnel who appears to be on the way. The defense lawyer subject to a hearing process that has a have issued opinions regarding disability, Ex Parte Communications — The hearing is happy because the claims adjuster – who pursuant to 42 CFR 411.24(h) and (i). These lien. Obviously, there are exceptional cases federal regulations can send a chill down the where the recommendation of the U.S. stated goal of providing a fair process for or other third parties. The statutory section, and particularly supervisors, acts like their own personal funds are being reviewing those decisions. This author’s procedure involves the attorney requesting regularly discuss cases and specific legal spent on the case – will finally stop spines of plaintiffs’ lawyers; however, most Attorney is going to be rejected; however, it liability insurers can easily protect themselves experience has been almost entirely within the subpoena and providing the hearing issues with the public policy wing of the grumbling about the defense costs being too has been my experience that it is usually safe from an unliquidated Medicare lien simply to disburse a Medicare recipient’s settlement, the auspices of the ODJFS, and as such, the section with the address and contact ODJFS. high. Even the trial judge – who has just been by issuing a single settlement check payable holding one-third of the proceeds in trust comments and statements expressed herein information. At the hearing, the hearing The end result to these manipulations is relieved of having to endure a full day of to the plaintiff, the plaintiff’s lawyer, and the until the Medicare lien can be verified and are directed towards that agency process. section notifies the attorney that they are that many elderly and disabled clients who testimony about the plaintiff spouse’s United States of America. The first time I resolved. Frequently, a telephone call to the This author has also had some experience not issuing a subpoena, typically stating have never had any involvement with the substantial loss of consortium claim – is received such a settlement check, I was in for local Assistant U.S. Attorney handling with hearing officers within the Fire that the witness is irrelevant to the process. legal system are submitted to a process that happy. This settlement euphoria is often a rude awakening when it came time to Medicare subrogation is all that is necessary Marshal’s processes and of the Board of In one case (Wolff v. Ohio Department of appears to be biased and unfair. While they short-lived, however, when everyone realizes deposit the check. When I tried to find to obtain an agreement or consent that one- Mental Retardation and Developmental Job and Family Services, 10th District may not be able to fully outline why it that Medicare has a statutory lien against the someone at Medicare who could provide me third of the settlement proceeds will be held Disabilities. There are significant Court of Appeals Case No. 05APE-06- seems unfair, by attending a hearing, settlement proceeds, and there is no one to with express authority to endorse the check in trust to cover the potential Medicare lien. differences in attitude and processes within 568), the agency personnel who examined listening to a hearing tape, or reading a contact to quickly verify the amount of the on behalf of the United States, I quickly In conclusion, verifying the amount of a those agencies. Mr. Wolff issued a report, and counsel for hearing decision, they come to the lien. realized that no one in the entire federal Medicare subrogation lien against a personal It should be noted that the Ohio State Mr. Wolff wished to cross examine that conclusion that something seems amiss. Personal injury claimants always want to government is empowered with such injury or wrongful death settlement can be a Bar Association has suggested that a witness as there were certain disparities Lawyers who practice in the administrative know the amount of their net recovery, after authority. The Medicare folks suggested only slow and frustrating process. I substantially separate administrative hearing division between an earlier report and a second area and who deal with an agency that the claims against the gross settlement that I have the check endorsed by the other reduce my own frustration by joining outside the control of the separate agencies report. The hearing section refused to manipulates its processes find it difficult to proceeds are paid. As a plaintiffs’ lawyer, I payees, and send the check to them. When Medicare as a party in litigation cases, and be created through which all have struggled many times with the uneasy subpoena that witness, and the agency defend the processes. they determined the amount of the Medicare by establishing working relationships with administrative processes be taken; purposely made sure the witness was not The judiciary should serve a role in feeling of not being able to quickly advise a the local Assistant U.S. Attorneys who handle however, the legislature and successive lien (which I estimated to be only a small available that day to testify. The agency curbing these administrative abuses. The client what portion of their personal injury Medicare subrogation. I never let the administrations have rejected that percentage of the settlement), my client hearing officer found for the agency based courts should take seriously technical and settlement belongs to Medicare. My Medicare subrogation “sleeping dogs” lie. proposal. This author believes that such a would receive a refund for any solely upon that report. While the constitutional arguments proffered by uneasiness accelerates in cases of compromise These “dogs” can awake to bite the reform is essential. In other states, lawyers “overpayment,” a process that could take counsel in these cases rather than simply settlement, where the issue of liability or Medicare recipient, their lawyer, and the employed by the administrative hearing Common Pleas Court judge found that this years! But my client needed the net settlement was reversible, the Court of Appeals finding that nearly all agency decisions are injury causation is hotly contested. From funds immediately. Luckily, I was able to liability insurers paying the settlement. agencies, known as administrative law disagreed, finding such deprivations were supported by “reliable, probative attending continuing education courses on persuade the liability insurer to issue a new judges, actually listen to evidence, allow not all that important. evidence.” subrogation, I know that 42 USC check without the United States’ name, in for constitutional processes, and are truly 1395y(b)(2)(B)(iii) creates a right of return for my personal indemnification. A outside the control and dominion of the subrogation against a Medicare recipient’s substantial portion of the net settlement [email protected] underlying agency. Hearing Officers are Not Decision Makers personal injury or wrongful death settlement. proceeds was then disbursed to the client, The processes employed by the Ohio — The hearing officer appointed to hear I also know that an express “formula” for holding in trust the estimated Medicare lien First published in Reflections on Life and the Department of Job and Family Services, the case through the ODJFS listens to the [email protected] calculating a Medicare lien is set forth within amount. About one year later, I finally Law—Wit and Wisdom from the Columbus known as “state hearings,” are an example evidence presented, listens to the in 42 CFR 411.37(b). In cases where the received confirmation that the Medicare lien Bar Association Attorneys, 2006. of an administrative process gone awry. arguments, and reviews the briefs and Medicare payments exceed the settlement amount was less than the amount being held The OSBA has specifically met with the exhibits. The case is then submitted to a amount, however, the lien formula can result in trust. hearing section and lodged complaints supervisor who was not present at the in the Medicare recipient receiving nothing, In today’s personal injury litigation with the Governor’s office, all to no avail. hearing and who most likely did not listen with only the plaintiff’s lawyer and Medicare climate, fewer and fewer liability insurers While this list is not entirely complete, it to the hearing tape or review the written being paid. What personal injury claimant in seem to be inclined to ignore unliquidated describes the highlights of the evidence. That supervisor then issues the their right mind is going to agree to such a Medicare liens in return for an indemnity administrative abuses, which have been decision. This process represents a result? From time to time, Medicare does agreement offered by the plaintiff or by the systematically instituted by the ODJFS. significant change, as in the past, hearing waive liens when enforcement is “against plaintiff’s lawyer. With some forethought, officers were permitted to issue their own equity and good conscience” (see 42 CFR however, Medicare subrogation can still be Subpoenas — The Ohio Administrative decisions that did not require the approval William J. Browning, 405.358); however, the waiver application managed appropriately and expeditiously. In Robert W. Kerpsack Code provides that appellants are entitled or rewriting by a supervisor. Requests from Browning & Meyer

22 Summer 2008 Columbus Bar Lawyers Quarterly Summer 2008 Columbus Bar Lawyers Quarterly 23 Around the Court Around the Court Rocky and 19,599 Buddies GO DOWN IN ’22 By Bruce Campbell

n my current gig, I don’t often get down to the Houses of the Black Robes on Lower High Street. Occasionally though, I have a nostalgic pang for the fragrance – that Icertain eau de justice – of law being freshly ground, packed and shipped out the front door (or in some cases out the loading dock and onto the choky bus). Moved by one of these impulses on a recent afternoon, I did a leisurely lap through and around the H of J campus including the great chasm from which will arise the new, “transparent” dispensary of lex ordinandi. On the way back I went past but not in the Jury Room (being on duty). The trip did not disappoint. In the cement “park” (cum mobile TV transmitter vehicle camping area) that graces (?) the southwest corner of Mound and High, I lingered in the considerable shade created the statue of the ample Ben Franklin. I couldn’t suppress a sardonic thought about the fact that our rectitudinous county is named after an internationally-known serial philanderer? I then wandered over to a two-sided, newish historical corner of South High Street and the aptly named Mound marker planted in a meager row of sickly bushes. I wanted to Street).* confirm my cynical assumption that its subject matter would be Heyl’s pub was a hub of local commerce, conviviality and, a crashingly dry recitation about some demi-consequential no doubt, some connivery. The tavern (which pre-dated the one boast. “We think we can safely challenge any other county in Franklin House nearly to where Franklin Park is today. That event or, worse yet, a paean to a dead pol better remembered in that is now the Jury Room by a decade or so) was also the site the state to kill squirrels with us.”† monument would have made Franklin University’s Big Blue bronze than in being. Well, nail my jockey shorts to the for major civic events, and that brings us to the nib of this In this era in which we are besieged by terrorists, drug gangs, Mortarboard now suspended over Rich Street pretty darned mailbox if this sign wasn’t one of the best bits of outdoor discourse. gas prices, run-amuck public officials, and Canadian geese that puny by comparison. imagery since Burma-Shave signs (with the notable exception, Quoth the marker, “One such notable event was the Great never go back to Canada, it seems hard to envision the squirrel This is a literal call to arms. We cannot allow ourselves to be of course, of those five-story photographs of knock-out models Squirrel Hunt. Heyl organized the hunt at a time when qua public menace. The 1822 reality, however, was that as the outdone by past inhabitants of this town. Please join the that some beautician has so thoughtfully placed on a building squirrels were overrunning Columbus and farmers’ crops were forests were leveled for farmland, vast groups of bushy-tailed “Great Hunting Caucus of Ought Eight.” Meet at the Jury facing Third Street traffic for my distraction while driving to threatened. On Saturday, August 31, 1822, at two in the marauders were migrating to a more bountiful habitat. One Room on August 31st at 2:00 P.M. to help track down every work each morning). afternoon, hunters gathered at Franklin House and within observer is quoted as saying, “They were evidently under some last undocumented Canadian Goose in the county. Bring The aforementioned plaque, furbelowed with buckeyes and hours collected 19,600 scalps.” leadership and knew where to go; perhaps [they] might have clothesline. Don’t bring the V.P. Don’t mention any of this to certified by the Ohio Historical Society, is dedicated to one That short passage fairly screams out for attention. Could sent out advance couriers on tours of exploration and, guided P.E.T.A.! Johann Christian Heyl, 1788-1877, one of the first fifteen this possibly have happened, or is this some elaborate hoax by their reports, had gathered as a mighty host with banners settlers, and first of German/Lutheran extraction, to plant erected on a recent April Fool’s Day by folks from the Other under some chosen Moses among them, were moving toward themselves in this area — after the relocation (“rendition” in Paper. While the provenance of the information on the sign is the Promise Land.” * contemporary terms) of the original inhabitants. vouchsafed by the Ohio Historical Society, not the Ohio Urban What about the logistics of this hunt? How many folks Chester, Car A Fragile Capital: Identity and the Early Years Heyl apparently was Type-A to a fault. He was, in turns, Legend Society, some fact checking seemed in order. assembled for the great shoot (Columbus then consisted of of Columbus Ohio (Ohio State Univ. Press) † baker for troops in the War of 1812, church founder, major Mr. Google magically produced a direct quote from story in about 1,500 souls, half of whom were under 16)? However did Martin, W.T., History of Franklin County: A Collection of benefactor of a theological seminar that morphed into Capital the Columbus Gazette of August 20, 1822 captioned “Grand they manage to go out, blast 19,660 furry beasts “within Reminiscences of the Early Settlement of the County (1858). University, City Councilman, County Treasurer, Common Pleas Squirrel Hunt.” The article reported, “The squirrels are hours” and fetch them all back to the tavern? Did they really Judge, School Board Member, Fire Chief, and operator of a becoming so numerous in the county as to threaten serious stop to dissect the “scalps” of all those victims? What stop on the Underground Railroad. He may also have sold injury, if not destruction to the hopes of the farmer during the happened to all those carcasses? Who counted them? If Dick Amway products. ensuing fall. Much good might be done by a general turnout of Cheney had joined the hunt, how many Columbus lawyers [email protected] But the phase of Heyl’s life that really caught my attention all citizens whose convenience will permit, for two or three (there were at least 4 at that time) would have been wounded was his 28-year stint as the publican of a tavern, the Franklin days, in order to prevent the alarming ravages of those that day? Unfortunately, these mysteries will linger on for lack House (a/k/a The Swan), situated at Rich and South High. The mischievous neighbors. It is therefore respectfully submitted to of uTube documentation. joint was convenient to National Road travelers and to the the different townships each to meet . . . in a hunting caucus. . An image may help to put the magnitude of this event in Ohio General Assembly (which, interestingly enough, met at . .” In its next edition the Gazette reported that the hunt had perspective. If Heyl and his posse had strung their trophies by that time in a small building, made of bricks composed in part indeed produced 19,660 scalps (60 more than reported by the their tails on a clothesline at six-inch intervals, that rope would Bruce Campbell, of human bones dug from a burial mound that had been at the OHS marker, we should note). The article concluded with a have been 1.9 miles long and would have stretched from the Columbus Bar Counsel

24 Summer 2008 Columbus Bar Lawyers Quarterly Summer 2008 Columbus Bar Lawyers Quarterly 25 Immigration Immigration

effort. Rather, we need to prioritize the matter into family and What are the real needs for foreign-born employees in this employment categories and restore Section 245(i) of the country, and are they solely at the low economic end of the scale IMMIGRATION Immigration and Nationality Act, as well as update Section 249 of in the service industries, or is there a need for highly educated the INA, also known as the Registry. In a nutshell, illegals who and skilled employees as well? have a specific family relationship or employment sponsor could The need is critical at both ends of the economic ladder. The file for permanent residence status by paying a fine. This was need for highly skilled people is enormous. There is a program (H- AS A PRIORITY POLITICAL ISSUE acceptable from 1998 to 2001, and worked well under Section 1B) that allows in new “professional” employees on an annual 245(i). It prioritized those who could become legal and those who basis with a quota of 65,000. The opening date for filing is April A CONVERSATION WITH DAVID S. BLOOMFIELD could not. Registry allows for those here as of a certain date and 1, with a start date of October 1. In the first week of April 2008 of good moral character to obtain a Green Card. As of now, the there were approximately 165,000 applications, resulting in an priority date is before January 1, 1972. This needs to be updated arbitrary lottery. Only legitimate employers needing new to a more reasonable date. Doing so would help many who came employees (Universities and their affiliates as well as extension By Nelson E Genshaft here when they were very young and did not even know they were filings are exempt) are eligible. The H-1B is a temporary visa, not illegal until they tried to go to college or obtain a passport for permanent. This illustrates the need. As an aside, the high tech travel. These are the same people that the DREAM Act was meant industry has been begging Congress to increase the quota and has to help, but that legislation could not get through Congress both threatened and moved jobs overseas because of this problem. because of the word amnesty. I believe that this tweaking would On the other end of the ladder is the temporary labor worker (H- country needs a leader or leaders to step forward and work out a ith some 37 million foreign born people now be a just and proper compromise and that amnesty, which was 2B) program. It also has a quota and a complicated filing compromise between the two. Security has a tendency to be used residing in the United States, our national invoked in legislation in 1986, was not workable for a variety of procedure yet the quota is consistently met within days of opening as merely a codeword for anti-immigration, and this remains the immigration policy has become a political issue of reasons. up each six-month period. Of course, this other end of the ladder historic proportions. Presidential candidates debate real problem. The U.S. has had major security threats in the past, The 1986 Act stated that anyone here illegally as of 1982 could also includes the millions performing some of the most unskilled W during World War II and the Cold War to name only a few, yet we it, with most Republicans taking a hard line and advocating file for “amnesty” and obtain a Green Card. That led to massive and least desirable jobs in our national economy. tougher border security, and the Democrats tentatively testing the were able to forge a plan that worked. History needs to repeat fraud by individuals attempting to prove the minimum We had the Comprehensive Immigration Reform Act of 2006 water of immigration reform. The fact is that of the 37 million itself. Hopefully the new Congress and the next President will get requirements that they were in the U.S. illegally as of the 1982 (SB 2611) that was passed by the U.S. Senate in 2006. Why did foreign born, about one-third are naturalized citizens, about one- the job done. I believe it is eminently doable. effective date. (If someone came without inspection or papers how that bill die, and what do you see for the future of immigration third are legal permanent residents and about one-third, or some What are the real border security issues? Is it staffing, building do you effectively prove the date of entry?) The law was also reform legislation? 12 million, are illegals that either entered without permission or a longer and higher fence, more penalties for illegal entry? plagued by a lack of planning and regulations. This meant that the The bill died because it was unworkable. There was no real overstayed their visas. This has become a serious problem, and We have the same borders as always, but now there is a fear of Immigration service had no training or ability to cope with the support for it from those in the know, and the vocal minorities one that not only brings into play the issues of border patrol and “Terrorists.” Building a fence would be a colossal waste of money, large number of applicants who waited to the very end of the one- were afraid to politically support it. It was a bad bill because it security, but also our public services like schools, hospitals, local as the determined will find a way under, over or around it. More year date for filing. This led to many lawsuits that took almost required those illegals who qualified to be here temporarily to first intense personal border scrutiny and more enforcement will make police and fire protection. A substantial number of these illegals twenty years to complete. The huge amount of resources dedicated leave the U.S. to become permanent. Under our current system, it harder for legal immigrants and visitors to travel to the U.S. are part of the immense service industry in this country. Many to the matter took away from the legitimate business of this just would not have happened. As to the future, we need Closing the borders makes no economic sense. The United States argue that they are necessary for the survival of the food, government. Any true amnesty will bring with it tremendous members of Congress who follow the lead of Everett M. Dirkson economy depends upon the free flow of commerce and people hospitality and landscaping services, to name only a few. anxiety and people who will attempt to fit within the law, but who and Tip O’Neil to overcome the parochial interests of the few and across its borders. What is needed is better technology to monitor As a New York Times editorial (12/30/2007) asked: “What do not really qualify. forge reform legislation that serves the majority. the border by air, land and sea. More people or restrictions will should be the role of immigrant labor in our economy? How does The experience from 1986 demonstrates that a cottage industry not do the job; rather, we need more reliable documentary the country maximize its benefits and lessen its ill effects? Once of fraudulent documents was launched and continues to this day. evidence for lawful travelers and more efficient technology to the border is fortified, what happens to the 12 million illegals Further, only half of those eligible applied because of lack of trust facilitate “legal” travel as well as to monitor the “illegal” travel. [email protected] already here? Should they be expelled or allowed to assimilate? of the agency that enforces the law being involved. Also, many did As a country we tend to spend our limited financial resources on not get the word at all and therefore did not file. The law was [email protected] How? What about the companies that hire them?” people and costly visible items like fences and walls rather than great for those who did qualify, especially those applicants from To find some answers to these questions, I asked David technology. Something as conceptually simple as security data Mexico who took advantage of it, but it was a learning Bloomfield, an immigration lawyer at Bloomfield & Kempf and sharing between jealous federal agencies has already proven to be experience. Today, Sections 245(i) and 249 are more workable professor teaching immigration law at the Moritz College of Law, both valuable since 9/11, while difficult to implement. Similarly, because they have been in place and have definitive methods of Nelson E Genshaft, Strip Hoppers Leithart to comment. machine-readable passports, single digit fingerprinting, infra red proof required. McGrath & Terlecky What are the real problems in pushing comprehensive scanners, satellite imagery, and face recognition technology are far immigration reform that addresses not only the security issues, better tools in the challenge to manage border security, and they but also the questions of employment policies for foreign workers, are much better than fences, walls and more agents. family unification and solving the undocumented resident Would it make sense to have a program that provides a road to problem? citizenship for illegals, or would that amount to an “amnesty” A Community For Life In a word, emotion. Everyone recognizes the problem but our provision that is politically impossible? elected representatives just do not seem to be able to “get along” Before reaching the far more elevated status of citizenship, there Wesley Glen and Wesley Ridge with each other. Added to that is the push-pull of some vocal must be taken a first step on the road to a legal status, such as Retirement Communities offer the special interest groups, as well as the cobbling of some very fragile permanent residency (Green Card), or even a hybrid such as a location, lifestyle, convenience and political alliances which easily break down. As a result we are in temporary resident status subject to a future permanent peace of mind you have been looking this mess. In the abstract everyone is for reform, family unification enhancement. There is historical precedence for this. Citizenship for. Stop by for a tour and see for and solving all of the other problems. A vocal but substantial may then be sought later for those who qualify, but the immediate yourself . . . you have found minority wants to close our borders and throw all foreigners out. issue is providing a status to lawfully remain and work in the U.S. Another substantial minority wants to open all borders. This Amnesty is a bad word and any mention of it will poison the Central Ohio’s only daily a community for life. business and legal newspaper. The fact is that of the 37 million foreign born, about one-third are naturalized citizens, about one- Wesley Glen Wesley Ridge third are legal permanent residents and about one-third, or some 12 million, are illegals that either Call today to subscribe. 5155 North High Street, Columbus 2225 State Route 256, Reynoldsburg 614-228-NEWS (6397) (614) 759-0023 entered without permission or overstayed their visas. www.sourcenews.com (614) 888-7492 www.methodisteldercare.com

26 Summer 2008 Columbus Bar Lawyers Quarterly Summer 2008 Columbus Bar Lawyers Quarterly 27

Columbus Bar Lawyers Quarterly

Summer 2008 Immigration Immigration

Another difficulty faced by some lived in this country, and I needed to start THE H-1B “CAP” nonimmigrant visa holders is the fact that the whole process all over again. I simply their spouses are not permitted to be could not believe what had happened to HARD TIMES FOR U.S. employed in the U.S. absent an A Happy End me. independent basis for work authorization. I hired an attorney who also had a AND DIFFICULTIES EMPLOYERS FACE IN For example, spouses of H-1B visa holders difficult time believing my story. After a who generally enter the U.S. on dependent quick follow-up, he was told the same OBTAINING HIGHLY-SKILLED H-4 visas are not permitted to obtain work thing. It was the USCI’s fault, but there is authorization in the U.S. while in H-4 no other solution except to start a new status. This can cause tremendous stress in To A Beginning FOREIGN NATIONALS process. the foreign worker’s family and may deter In January 2005, my green card was high skilled foreign nationals from issued. It was exactly three years later than By David W. Cook and Robert A. Harris accepting employment. By Orsolya Hamar-Hilt it should have been. Another three years Once a highly-skilled foreign national had to pass before I became eligible to file enters the country, many employers for citizenship. In October 2007, my consider sponsoring an immigrant visa citizenship request was filed. Surprisingly, U.S. employers can hire these highly (“green card”) application on that person’s filings, my employment authorization was .S. employers can face many t was never an easy task to become a my interview was set for February 21, sought-after, highly educated foreign behalf. However, similar to the H-1B approved, and I received my social security practical difficulties in attracting citizen of the United States. It appears 2008. I certainly did not expect it so nationals demonstrates clearly the need to program, current U.S. immigration number. I was confident my case was on and hiring highly-skilled foreign that post 9/11 it is even more difficult. quickly. The officers who worked in the reform the H-1B program. regulations limit the number of immigrant the right track. I was wrong. national workers. Often these The immigration laws are changing. Columbus office remembered me. They U Even if a U.S. employer is fortunate visas available each year. In most cases, I In June 2001, I had my interview with difficulties center on visa and immigration- The whole system has been changed. I am knew exactly what had happened to my enough to obtain an H-1B visa on behalf due to processing delays, the unavailability an officer at a (so-called) satellite office in related challenges facing employers who not sure for the better, but for sure, it is case. They told me this time they would get of a foreign worker under the cap, or if the of immigrant visa numbers, or a variety of Columbus. The officer asked me, after the seek to hire highly-skilled foreign more bureaucratic than ever. it right. worker happens to qualify for another other potential reasons, several years could interview, to re-file my I-485, Permanent nationals. When I started on my immigration The USCIS administers the U.S. work-authorizing nonimmigrant visa status pass before the foreign national is eligible Resident Request Form, because he could The H-1B visa is the most common procedure in July 2000, I filed my papers Citizenship Civics exam. This is a required (e.g., L-1, O-1, etc.), the worker still must to obtain a green card. Furthermore, the not find it in the file. I complied with his nonimmigrant (temporary) visa category with the Immigration and Naturalization step in the naturalization process, and all obtain a visa stamp from a U.S. Embassy limits on the number of immigrant visas request and the same day re-filed the used by employers to employ highly-skilled Services (INS). This office later became the applicants (with some exceptions) must or Consulate abroad in order to enter the available is divided on per country bases. document. In December 2002, my foreign nationals. H-1B visa status is United States Citizenship and Immigration pass the citizenship test before taking the U.S. in that status. (If the foreign national Thus, foreign nationals from countries permanent resident status was approved, available to employ professional workers Services (USCIS), a part of the Department Oath of Allegiance and officially becoming is already in the U.S. and a change of whose citizens have demonstrated a high and I received a stamp in my passport. The (generally those with bachelors or higher of Homeland Security. There are four United States citizens. The questions are status was approved, he or she must obtain demand for green cards (particularly Cincinnati district office assured me that degrees) in specialty occupations. The visa China, India, and the Philippines) may service centers throughout the country usually selected from a list of 100 sample a visa stamp from a U.S. Embassy or my I-551 (commonly known as green card) program helps fulfill the need for have a particularly long wait for a visa. where the initial petitions for any questions that prospective citizens can look Consulate the first time they travel abroad would be mailed within four months of professional workers essential to both Although the U.S. has a vast and immigration requests have to be filed. The at ahead of the interview (though the after approval of the visa petition.) This this approval. economic development and the ability of flexible labor market, an abundance of centers are in California, Nebraska, Texas examiner is not limited to those questions). requirement raises an additional and often I never received the card. From April employers to compete in a global leading-edge multinational corporations and Vermont. There are local offices in Some are easy, some are not. The test is frustrating set of issues associated with visa 2003 until January 2005, I made monthly environment. Perhaps the most frustrating and world-class universities, the we face each state, however, it appears that the conducted orally, and candidates are not immigration obstacle for employers trying issuance abroad. majority of the work is done with these trips to Cincinnati because the Cincinnati In November 2007, the Department of growing competition globally. As such, given multiple choices. The test is designed to obtain these highly educated service offices. office was responsible for all the State rolled out the Petition Information the government needs to revamp to require some knowledge of American professionals is the H-1B visa “cap.” There is no contact information, no immigration procedures. (The Columbus Management System. While perhaps well- immigration policies to make them more history, the judicial system and political In 2004, the annual number of new H- office did not accept applications or any intentioned, PIMS has often resulted in responsive to the needs of the economy telephone numbers for these offices. (In the structure. 1B visas available was decreased from documents until 2005.) The answer was significant delays in visa processing. Under and its employers, particularly with past there was an 800 number which was My big day was May 1, 2008 when I 195,000 to 65,000. This remains the cap the same each time. The Nebraska office PIMS, nonimmigrant visa petitions are sent respect to the unnecessary obstacles to the continuously busy. It took a great amount took the Oath of Allegiance. The Pledge of today, although an additional 20,000 new hiring of the highly-skilled. Further has not approved the case, therefore, a to the Kentucky Consular Center after of luck to talk to someone. When I could Allegiance was written in 1892 by Francis hindering the flow of highly-skilled foreign green card cannot be issued. I was overly H-1B visas are available annually for approval by the USCIS. The KCC enters talk to a representative the answer differed Bellamy (1855-1931), a Baptist minister. nationals to the U.S. will only continue to surprised about this because the stamp in workers with advanced degrees (masters or relevant data from the petition into PIMS each time.) Unless, an attorney is involved, While the road was rocky getting here, it is adversely affect the nation’s my passport contradicted this statement. It higher) from U.S. colleges or universities. and scans in key documents from the the Petitioner cannot get any information a happy end. competitiveness and its global leadership. said my case was approved. I left the However, even with this additional petition. The KCC also performs database of the status of the case. Recently, the country a few times and was allowed to re- allotment for advanced degree workers, checks looking for evidence of fraud, USCIS organized a website where a file enter with a stamp. At the border, there during the last few years the H-1B cap has violations, or other problems, and records number can be entered, and supposedly, it never was a flag raised that something was been reached within a matter of days, its findings in PIMS. When the Embassy or gives information about the status of the [email protected] resulting in numerous U.S. companies not [email protected] wrong with my status. I never understood Consulate is ready to issue a visa based on case. I could never find any useful being able to hire necessary highly-skilled [email protected] how so many mistakes could be made. an approved petition, it must confirm the information on that site. It is hardly ever foreign nationals. In 2005, I applied for my citizenship. I approved petition in PIMS. If the Embassy updated and mostly what it says is not In fact, this year the United States filled out all the papers and paid the fees. or Consulate does not find a petition in helpful. Citizenship and Immigration Services PIMS, it must send an email to the KCC Although I have been living in the United In the year 2000, I started on my received over 163,000 new H-1B visa requesting confirmation of the petition States now for five years and am married immigration process. The first step was to petitions, including approximately 31,200 approval. Since U.S. Embassies and to an American citizen, my application was advance degree petitions. Because the Consulates will not grant a visa until KCC file for a Petition for Alien Relative denied. demand so exceeded the supply, the USCIS enters the petition information in PIMS, document (I-130), my Application to This time I made a shorter trip – only subjected these petitions to a random delays are not uncommon and continue to Register Permanent Residence/ Adjust going to the Columbus office. I explained lottery to determine which petitions would occur. Coupled with delays that may also Status (I-485) and my employment what had happened to me. The officer be selected under the cap. These are not be occasioned by required security authorization request (I-765) at the same seemed understanding, but what he had to Orsolya Hamar-Hilt, jobs being taken away from U.S. workers clearances, obtaining a visa abroad has time. All of these were sent to the say did not bring a smile to my face. He Columbus Bar, in favor of cheap foreign labor, and the become a process often riddled with David W. Cook and Robert A. Harris, Nebraska Service Center. (Ohio belongs to told me my file was lost a long time ago. Executive Assistant, need for a random lottery to determine if uncertainty. Vorys Sater Seymour and Pease this Service Center). Shortly after these As far as they were concerned, I had never Ethics Department

28 Summer 2008 Columbus Bar Lawyers Quarterly Summer 2008 Columbus Bar Lawyers Quarterly 29 Real Estate Real Estate

legal representation. What qualities Tenants are seldom represented in translate into effective legal representation? eviction court. Free attorneys are available In our view the following: only to a small percentage of the very poor An Insider View of * The highest standard of ethics and The Other through Legal Aid and the pro bono efforts integrity. A given, certainly, but its of the local bar, and tenants either don’t importance cannot be over-emphasized. have the funds to hire an attorney or “Operating with integrity and trust, guided choose not to expend the precious few the Housing Crisis by an unyielding commitment to business Housing Crisis dollars they have on representation. Often and personal ethics” is one of M/I’s core they believe they can explain their situation values. As representatives of our company, to the “Judge” in order to buy some time our counsel need to be guided by the same to move or catch up on the rent. Many principles. By Clement W. Pyles simply don’t understand the limits on what By J. Thomas Mason * Be our business partner and deliver a magistrate can do. Even when there is a value. It is invaluable to have counsel who defense – for example, the tenant had can cut through the issues and concisely established a pattern and practice of paying rent late – the tenant doesn’t n 2002 I joined M/I Homes as General pressures, tightening credit standards, address those we need to be concerned housands of people are losing standards for maintenance and repair or adequately present his or her case. Counsel after twenty years with Vorys. rising foreclosure rates and declining with and who conduct themselves as their homes – being forced to health and safety. Or Joe might have Every tenant being evicted should have In the six years I have been with M/I, I consumer confidence – have led to the partners in our decision making. This move to inadequate housing or to escrowed his rent, asked the court to order an opportunity to at least consult with an have been asked on several occasions current housing crisis. requires a clear understanding of our impose on family and friends in the repairs or that escrowed rent be used to I The statistics are many, but a few are business, our business environment and the T make the needed repair – or asked for a attorney. Even when there are no defenses overcrowded conditions, or worst, living in how it feels to go from representing clients to present it’s important for tenants to to “being the client representative.” Tim very telling. Existing home sales have task at hand. In many opinions, mine cars or homeless shelters. Is this another reduction in rent payments in included, history will record this period as compensation for the lack of proper understand the process, to know what type Hall, my colleague at M/I and former dropped from 7.1 million in 2005 to 4.9 story about the foreclosure crisis wracking the worst housing crisis since the maintenance – or terminated the rental of deal they might negotiate, and to avoid partner at Vorys, and I have on several million in 2007, a 31% decline. Even more the nation? troubling to many homeowners who have depression. Absent such an understanding agreement on his own time. If Joe had just making dumb mistakes. Preventive occasions discussed this question and our No. Although I don’t mean to downplay viewed their home as a quasi and appreciation for the challenges facing consulted with an attorney even after education is important too, and Legal Aid perspective on those qualities that translate the economic hardships that so many savings/retirement account, the average our business, it is difficult for counsel to withholding his rent, he might still have does offer housing advice clinics. Every into good, effective legal representation by thousands of homeowners are experiencing been able to raise the lack of repair as a tenant should understand the risks of not sales price of a home in the U.S. has clearly articulate well reasoned and today; renters are also faced with eviction outside counsel. defense to nonpayment by filing an answer paying rent on time. dropped almost 10% over the same period practical legal and business strategies. from their homes every business day of the M/I builds homes in nine different and counterclaim in the eviction action. If every tenant were represented by – eroding or eliminating home equity in the * A true sense of professional service. week. Dozens of evictions, mostly markets and we depend heavily on outside But usually the problem is simply an counsel, there would still be a lot of process. Housing starts are down almost We value attorney’s who are responsive, residential, are heard Monday through counsel on a myriad of state specific and economic one. Molly Renter lost her job, evictions and a lot of people forced from 50% from their peak in 2005, with a efficient, skilled and knowledgeable in Friday in Courtroom 11A in Franklin general legal and business issues from land or missed work because of illness, or her their homes. People lose jobs – often corresponding ripple effect into related their area of practice with appropriate County Municipal Court. acquisition and development to labor, attention to detail, and who are pragmatic ex didn’t pay child support, or the through no fault of their own. Whatever business sectors. And, as has been widely The stunned faces in the courtroom corporate matters, tax, litigation and in their approach and practical with their accumulation of bills over time simply the circumstance, individuals and families reported in Ohio, foreclosure rates have attest to the speed of the process when compliance (e.g., Sarbanes-Oxley) to list advice. became too much. When her non-payment need to have a roof over their heads. The exploded – largely in the sub-prime sector compared to foreclosures or other civil just a few. As a consequence, we work with When we reflect on those lawyers who of rent case is called, she goes before the foreclosure crisis is certainly a strain on – but certainly not isolated to that credit proceedings. Whereas a foreclosure might no less than twenty to thirty different are, in our opinion, most effective magistrate to answer five questions. (1) our economy, but folks who lose their group. last months from filing of the complaint lawyers on a regular basis. With Clearly, the United States is in the midst representing M/I Homes, we find these Did you receive the notice to leave homes through foreclosure are likely to until the sheriff evicts the homeowner from become renters. Those facing eviction in collectively thirty-two years representing of a severe housing crisis. While it is qualities and traits in each. None of this attached to the complaint? (2) Are you the premises, an eviction can generally be 11A are likely to be in a much more clients and ten years as “the client,” we anybody’s opinion on when we will come will come as a surprise to the readers of behind in rent? (3) Were you behind in the completed within one month, from service desperate situation. Many will move onto necessarily have developed views on out of this difficult period, and there are this magazine – it is very much “common rent when you received the notice? (4) Are of the statutory three-day notice until other housing, but some will end up in qualities which, in our opinion, translate many opinions out there, there can be no sense.” We consider ourselves fortunate – you still living in the property? (5) Is there setout. How often have I heard the shelters, on the streets or in less than into good, effective legal representation. debate about the dire condition of the we work on a regular basis with many anything you wish to offer by way of question from a worried tenant – don’t I adequate housing. And inevitably there When I joined M/I in 2002, the residential real estate market today. In fact, exceptional counsel who practice their defense? Molly tries to explain her have 30 days to move? No, not when your will be upheaval in the lives of children – residential real estate market was almost at as I write this article, the Senate is debating profession with this “common sense” financial hardship and how she just needs landlord is evicting you for cause. leaving their school, their friends, their its peak (both sales of existing homes and an economic stimulus plan to help kick approach in mind. some time to catch up or move her family Tenants are not only surprised by the home. new construction). Low interest rates, start the economy. The plan is aimed, in to another residence. But after listening speed of the process, but also by what they The recent efforts to provide strong job growth and rapid price part, at addressing the continued instability patiently to her story, the magistrate cannot raise by way of defense. Tenants sit homeowners financial and legal help are appreciation combined to fuel the highest in the financial and housing markets by informs Molly that her explanation is not a in a usually crowded courtroom, waiting admirable, but I would just ask that some rate of home ownership in the United reforming FHA limits and relaxing defense to the eviction action and that he is for their cases to be called. Joe Tenant consideration be given to provide similar States since the Census Bureau began standards under which government- [email protected] granting judgment for possession of the hears his name and goes before the help to the tenants facing eviction in reporting the statistic. Since then, a sponsored Fannie Mae and Freddie Mac property, although she might try to work Magistrate. Less than a minute later he has Courtroom 11A. convergence of issues – housing buy mortgages. something out with her landlord. The been evicted, told that he has five days affordability, excess inventory, the sub- I share these statistics for one reason – magistrate then explains how long she has (more realistically a week) to move his prime/mortgage market crisis, stagnant or there has never been a more important J. Thomas Mason, to move before being forcibly evicted from family from their home. declining job growth and recessionary time in our business to have good, effective M/I Homes, Inc. her home. Joe may think that it’s only fair that he An eviction, or forcible entry and [email protected] be allowed to withhold rent if his landlord detainer, action is a summary proceeding, refuses to make needed repairs. But that’s and in Franklin County the initial hearing Housing starts are down almost 50% from their peak in 2005, with a corresponding ripple effect not the law, as Joe is quickly informed by is usually scheduled to be heard by a into related business sectors. And, as has been widely reported in Ohio, foreclosure rates have the magistrate. If Joe had a lawyer, he magistrate 14 days from the filing of the might have chosen a safer course to get his complaint. The hearing is a trial, and the exploded – largely in the sub-prime sector – but certainly not isolated to that credit group. home maintenance problems fixed. He tenant has the right to a jury. However, could have called Code Enforcement or the tenants seldom ask for a jury trial, and Health Department to enforce government most cases would be directed out anyway. Clement W. Pyles

30 Summer 2008 Columbus Bar Lawyers Quarterly Summer 2008 Columbus Bar Lawyers Quarterly 31 Technolawgy Technolawgy

or in the recipient’s Inbox. And since email WordPerfect, for example), turn that BUT CAN YOU FOLD AN EMAIL is considered a “written word,” it holds a Reflections on the Role of Email — document into a PDF (through our ever- lot of weight when it comes to denoting present friend, Adobe), and attach the PDF intention and purpose. A Cautionary Tale to our message, making only a brief and Make An Airplane?Airplane? So how does this affect the practice of — reference to the contents of the attachment law today? Well, in civil litigation in the message part of our email. The latter specifically, it means that email is one of with Three Rules approach even permits us to sign the the first places parties look for correspondence, as proof that we actually discoverable information. For your own read what we sent out. Digital information is not deleted when someone hits the delete clients, this means you must be familiar By Christopher McNeil Rule Two takes into account the relaxed button. Email survives the delete button because it can continue to enough with their IT systems so that you character of email: Write only what you exist on backups or in the recipient’s Inbox. And since email is can properly inform them about preserving think your mother would understand and email. For example, you might need to approve of. No jokes; no sarcasm; no ecently I had the opportunity to to the event being discussed, not by a considered a “written word,” it holds a lot of weight when it counsel your client to suspend a backup mean-spirited belittling of your peers, your chair an ad hoc committee. The scribe but by the actors themselves. The tape rotation, or stop an automatic purge adversaries, your soon-to-be former clients. comes to denoting intention and purpose. sixteen members of the group discussion was, as a result, more on the employees’ Inboxes. Be very wary of expressing emotion – let committee were intent on inclusive – all could weigh in on those For the opposing party, you need to R topics of interest to them – and more that crush of yours be expressed by some offering recommendations to the director know the precise questions to raise so you other form of communication, because it of the Ohio Department of Administrative accurate, because the comments were are requesting the documents you and your will do you (and your intended) no good as Services on how to improve the regulatory expressions presented not through a By Brett Burney client are entitled too. For example, it’s it heads downstream. Relaxed though it climate in Ohio. It was a diverse gathering harried secretary of the committee helpful to know if the opposing parties may be, email produces killer transcripts, – there were lawyers and policy directors, meetings, but by the authors, in their own operate their own e-mail server or if they in a world where everything you write can in-house counsel and assistant attorneys writ. download messages from their Internet and will be used against you, in a court of f technology is supposed to many litigators find themselves in today. general, representatives of the courts and Having sung the praises of this mode of service provider. The answers to these law and in the court of public perception. revolutionize the world of litigation, We’re all struggling to graft old habits into the private bar. We could expect to work record-keeping and discourse, I hasten to questions can have a significant impact on Rule Three draws upon traditional then why are we still pushing around a new world, and trying to make sense out together for four months, trading ideas and add a note or two of caution. Email how you draft your document request. notions of legal writing: Write as if your so much paper? of the technical confusion we face every discussing alternatives, with our dialog communication is both a blessing and a I day. Some legal professionals are curse, for it has the potential to both reputation in the legal community depends The prolific nature of computers has conducted mostly through email, understandably nervous about this new, on it. Because it does. Ours is a very considerably impacted the practice of law Probably the biggest catalyst for punctuated by four monthly meetings. enhance and destroy the professional uncharted digital territory, but the verbal, literate profession, and we’re all over the last several years. On a practical electronic discovery is email. Recent All told, we only spent about six hours reputation of its users, with blinding speed. adventure is inevitable. Navigating through trained to read the fine print. If you have a level, this means that no one uses a studies estimate there are over 170 billion together, but over the four months we There are, I think, a core set of rules at an e-discovery project still uses the map of signature block in email that claims your typewriter anymore. On a vocational level, email messages sent every day. That’s engaged in a very spirited discussion – play whenever we enter the slipstream of reasonableness, so a party is not required every word is “Confidential,” yet you’re this requires an understanding of how about 2 million every second. Of course, a almost all of which was recorded by email. email communication. First and most to produce more or less information just sending the message to a list-serve with a huge percentage of those messages are The process was noteworthy, I think, compelling is the rule of downstream clients and society interact through the because it’s in an electronic format. But the thousand recipients, you’re simultaneously spam or unwanted solicitations. But because so much of the give and take permanence and mutation. Oxymoronic digital medium, and then how those rules have undoubtedly been amended to deluding yourself and diluting the meaning regardless of how much you use email in occurred online, preserved by highly though this may be, the downstream interactions affect our modern body of accommodate the quirky and dynamic of “confidential.” Boilerplate disclaimers your law practice, it’s undeniable that the animated written exchanges among tendencies of email messages to both linger common law. nature of digital data. are a tedious fact of life, but they should rest of the world has embraced this forever and mutate over time have to be This principle is visibly evident in the Those attorneys who have embraced the committee members. Instead of relying on not replace common sense or the rule of medium as a de facto mode of taken into account by anyone tempted to world of civil litigation where the Federal call of the digital wild are observing that minutes from overly-long committee law. If you send by email a communication communication. use Outlook or Eudora as part of daily Rules of Civil Procedure were recently the “old school” adversarial approaches to meetings, our efforts were archived by our that clearly is not covered by the attorney- So what does this mean for the legal living. Once we let loose a message, it amended to accommodate the ubiquity of discovery are giving way to a more own writing, shared among those members client privilege, don’t claim otherwise. world? Well, specifically in litigation, it enters a world over which we have very electronically stored information. Now the cooperative attitude on obtaining and of the group who were interested in Three rules, a thousand possible means that email has become a chief little control. As it heads downstream, our Ohio Rules of Civil Procedure are reviewing digital information. Change is particular sub-issues relating to the task at permutations, all suggesting that this mode source of relevant information. Whereas in message can be parked at an untold following suit. not easily digested in the legal profession, hand. of communication is like any other tool the past you may have been able to deduce number of email directories, captured The world has obviously changed, and but the world will force us to adapt, one This experience led me to reevaluate the available to us. The difference is this one the terms of a contract by looking at a intact – with spelling errors, unintended “the machines” have become an integral email at a time. role of email in professional practice. Not moves with lightning speed and once let solitary signed agreement, you’re now slights, unrealized sarcasm – for all time. part of society. Hardly anyone handwrites that this is a new phenomenon – indeed, loose can never be reeled back in. Use it in more likely to see an entire history of the Downstream permanence can be the a note when an email will do. BlackBerrys I’ve been using email to maintain close good health, but think twice, and then contractual discussion exposed in downfall of the Oliver Norths of the world are everywhere. iPods hold thousands of contact with the students I teach at Capital think again, before you push “Send.” digitized CDs. And mobile phones are used numerous email messages. It’s as if the University Law School. Over the course of (not to mention highly public officials). So entire dialogue has been recorded for your Rule One, part A, is: Understand that what to send text messages instead of making [email protected] a semester, I’ll typically read and send well actual phone calls. The amount of digital review—and, of course, for the opposing over 3,000 messages to my students. As a you write in an email message is forever, information we consume and store every party as well. result, I have for some time highly valued for all the world to see. day is incredible and there is no sign of it Another factor involved with emails this mode of communication, both for its The flip side of Rule One, tied to the today is that people will say the darndest downstream metaphor, is that once your slowing down. People would rather hoard speed and ubiquity, and for its service as a Chris McNeil© 2008 digital bits than throw them away, and that things. People have a cavalier attitude written record of student-to-professor original message enters the stream of e- means more relevant info that’s when writing emails, perhaps because they communication. commerce, others can capture it, add to it, discoverable and obtainable. believe their words are anonymous while What I found illuminating about the cut it up for sound bites, and then send it Technology can be overwhelming and they’re hidden behind a computer screen. DAS committee experience was how email on its way, flush with its new meaning but often unapproachable for many legal In fact, the opposite is true – email and has evolved into a real-time archiving tool. still bearing your imprimatur. Rule One, professionals. None of us went to law other electronically stored information The collection of messages among part B, therefore, is: Prefer permanence school to learn how to extract email off a hardly ever goes away. Digital information committee members now serves as a highly over mutability. We have a choice server, or question a witness about the logs is not deleted when someone hits the delete Brett Burney, descriptive articulation of a multitude of whenever we use email: we can put our Christopher McNeil, kept by their instant messaging button. Email survives the delete button Burney ideas, opinions, suggestions and thoughts in the message box, or we can Capital University application. But that’s exactly the spot because it can continue to exist on backups Consultants LLC observations, recorded contemporaneous prepare a document (using Word or Law School

32 Summer 2008 Columbus Bar Lawyers Quarterly Summer 2008 Columbus Bar Lawyers Quarterly 33 Technolawgy Technolawgy

LawLink.com - http://www.lawlink.com/ companies are more than happy to have self-selected This is the first social network service set up exclusively for demographics where they can to target their marketing. attorneys. It is free but limited to attorneys only. West is This generation of young people is the first to have grown rumored to be working on a B2B (business to business) model up with Internet connectivity as part of their everyday life. which will be marketed to law firms. They are far more comfortable with online culture than any Current Awareness: Online social network services are tools and, as with any other generation and they are arriving at a workplace near you. tool, you should use them with care. I have noticed since They may even let you be their friend. joining several of these that it was probably not a good idea to ONLINE SOCIAL NETWORK SERVICES use the moniker that I use for my gmail account as a screen name since these are apparently harvested by spammers. It is generally a good idea to lock down your personal information and limit it to only those people that you allow to have access to it. If you’re posting intellectual property, like photographs, Think – “six degrees of separation” – social networks allow you to broaden your circle of designs or writing, be sure to clearly designate it as such if you friends geometrically. It can also provide you with a physical space on the web where you can want to maintain any claim on it. I was able to test my Facebook profile against a new website define yourself without having to purchase a domain name and learn html markup language. called “What’s yoName?” which searches across selected online social networks for email addresses, usernames, phone numbers and first or last names. The URL for this website is By Ellen Smith http://www.yoname.com/. I can’t find myself on Facebook by using any of the access points indicated, which would indicate that the search engine can’t reach profiles that have been locked down. mail is for old people” was the phrase that philosophy? Meet new people with the same interests as you? If you have children who frequent MySpace or Facebook caught my attention one evening when I was Then Meet-up.com is a place to start. Meet-up facilitates there are good tips offered by the National Center for Missing listening to Net@Nite, a podcast on the TWiT.tv people who have like interests to find each other then to & Exploited Children relative to what you should communicate network, that has a live call-in component. The coordinate face to face conversation. You can search by topic to your children. This information may be found at: “E or geographically to see what is in or near your city. Or if you http://www.netsmartz.org/. topic for discussion was how listeners are using social networks with their friends. The caller was a college student don’t find exactly what you’re looking for and you like to Most people will gravitate to whatever social network who indicated that he and his friends used a social networking organize you can start your own meet-up. services their friends use as these services create something of a service exclusively to keep in touch with each other. walled garden. However, there is no hiding from advertisers, as Ellen Smith, Online social network services are a factor of Web 2.0 which del.icio.us - http://del.icio.us/ that is how these typically free services are funded and the Librarian, U.S. Courts Library fosters dynamic user generated content on the Internet and the Recently purchased by Yahoo, this site enables you to store creation of a hive mind. It involves using the Internet as a your favorites or bookmarks for web pages on the web. This is platform rather than as a destination. handy if you are away from your home or office computer and I’d like to answer the questions – what is a social network you want to show someone that recent web site you found. service, why do I care and are there any good uses for them? del.icio.us allows you to organize your favorites; using So what is an online social network service? As defined in folksonomies you tag your entries with keywords which help Wikipedia it: “focuses on the building and verifying of online you to find them later. social networks for communities of people who share interests and activities, or who are interested in exploring the interests Flickr.com - http://www.flickr.com/ and activities of others, and which necessitates the use of Flickr is a photo sharing website, also owned by Yahoo.You software.” can post pictures for the whole world to see, or limit them to Think – “six degrees of separation” – social networks allow only people you designate as friends or family. Like del.icio.us you to broaden your circle of friends geometrically. It can also you then tag each photo in order to organize them into subject provide you with a physical space on the web where you can groups. In this way you can search for images that other people define yourself without having to purchase a domain name and have loaded. The Library of Congress recently loaded learn html markup language. thousands of photographs that have been determined as free MySpace and Facebook have been getting the most attention from copyright and are inviting members of Flickr to tag them from the media as they are the largest of the Web 2.0 thereby increasing searching access points. companies and where the 18 to 30 year-old demographic is most concentrated. The press that these two websites generate LibraryThing.com - http://www.librarything.com/ seems to alternate between the dangers of online predators and Do you love books? Have you secretly wanted to be a issues of privacy violation. librarian? You can list your personal library for all the world, The variety of online social network services is actually or at least the 350,000 members of LibraryThing, to see. You much wider than these two. Wikipedia has listing of nearly 100 are also provided with opportunities to volunteer for review websites which is not completely comprehensive but gives you copies of new books provided by publishers. You can join a good idea of the variety. discussion groups to talk about your favorite genre or author. The trend seems to be driving social networking sites into more niche areas and for specific purposes. Ravelry.com - http://www.ravelry.com/ I’ve been playing with a small selection of social network Ravelry has become something of a phenomenon with the services over the past year and thought that I’d recount some knitting and crochet community since its inception in the past of my experiences here. Like the list in Wikipedia, these are not year. Currently at over 72,000 members it is a place where you comprehensive, merely representative of what is available in can post pictures of your projects or yarn, share patterns, the Web 2.0 universe. techniques and join discussion groups centered on your particular interests. It is a great resource for inspiration when Meet-up.com - http://www.meetup.com/ you are looking for a new project or trying to figure out where Do you want to practice your German? Talk about you went wrong with your current one.

34 Summer 2008 Columbus Bar Lawyers Quarterly Summer 2008 Columbus Bar Lawyers Quarterly 35 Technolawgy Technolawgy

a way to avoid security lines) will also allow the entry of his/her and the days of charging astronomical prices that bear no relation technology. to time and effort are numbered. Technophobic judges still abound, but they are lessening in Backup? The biggest change is that more and more lawyers are number – and the legal world is pushing hard for change. All of moving to the relative simplicity of an external hard drive for Tomorrow backup. Cost-effective, reliable, and easy. More adopters are in Legal Tech the U.S. district courts now have mandatory electronic filing – and the appellate courts will follow in the not-too-distant future. likely. The states are clearly moving in the same direction, some faster Outsourced backup? The prices are (relatively) high, there are than others. But adoption of e-filing as standard is a major security concerns and more than a few have outright failed to By Sharon D. Nelson and John W. Simek domino which will topple other dominos and accustom the legal deliver on their promises. We guess that lawyers will continue to world – in the cities – and in the boonies – to working do it, but there seems to be a growing do-it-yourself trend now electronically. that backing up reliably has gotten easier and cheaper. We are currently up to about 2000 legal bloggers and a relative The list of predictions could go on and on but our crystal ball handful of legal podcasters. Those numbers are sure to rise. is murky and undoubtedly, we have already written words we’ll becomes available for other operating systems, Redmond will “Beam me up Scotty.” Blogging is easier and cheaper, but we’d be surprised if both areas have to eat. That’s just how it goes in the legal tech world. continue to rule. But no sooner had we written those words than Captain Kirk in Star Trek, 1966 didn’t continue to grow. One thing we can say for sure: no one REALLY KNOWS. we read an article about three of the Fortune 100 companies Thinking of getting a BlackBerry? Our advice is not to do it. Technology evolution has been a constant source of surprise and exploring the possibility of replacing the Office Suite with tar Trek is coming. We can feel it in our bones. In the not- Our prediction is smartphones like the Treo 700WX, which no one has a perfect record of predictions. The only thing we can Google’s rendition of it. Microsoft may have short term too-distant future, lawyers will stride through their office integrate with an Exchange server, will be too alluring to resist. say for sure is that the computer you just bought is already well dominance, but will its high prices and notorious inefficiencies door and command: “Lights. Music. Computer on.” And it BlackBerry usage may well have peaked, especially since it on its way to obsolescence – for sure, those in development are play into the hands of competitors? requires additional software and hardware that the Windows faster, smaller and contain more robust resources. We are moving will happen. We already have voice recognition software We are less certain about Google, which is no longer poised to S Mobile devices do not. at warp speed, with no sign of slowing down. and we have “smart home” devices in abundance. All this will become the second 800 pound gorilla in the land (as it was last Even the guru of gurus has been known to be wrong. Witness a one day converge so that we can do much of what we do The new iPhone? Currently not a business device. If you’re year), but has solidly achieved that position. Google’s privacy one time prognostication from Bill Gates: “640K ought to be physically by voice command. feeling like Father Christmas, get one for your kids. It’s new, it’s policies are under intense scrutiny in the European Union and enough for anybody” slick and it wasn’t made for anyone who wants to conduct Likewise, tabletop computing is likely to take off. How much growing scrutiny here in the U.S., but thus far, virtually every new Predictions are a dicey business. simpler to arrange our photos or graphics by manipulating them Google venture has been received warmly by the public. Another business. However, we’ll go out on a limb and predict that the iPhone will “begin” to infiltrate the business market as third by hand on a tabletop than to do it the current tedious keyboard prediction is the fierce battle of the gorillas as Google begins to The authors are the President and Vice President of Sensei party applications become available and Apple opens the fashion. By the end of 2008, you can expect to see table top infringe on the Office productivity space of Microsoft. Google is Enterprises, Inc., a legal technology and computer forensics firm connectivity options. At the end of the day, we don’t think it will computers in high tech companies, in bars and on cruise ships – already the leader in Web 2.0 applications as desktop based in Fairfax, VA. 703-359-0700 (phone) www.senseient.com they will be used, at first, as devices for the technologically replacements. Microsoft is increasing the stakes and going after cut the mustard and will fall short of meeting the REAL needs of advanced (with deep wallets) and for entertainment purposes – Google’s market with their Live applications. This clash of the the business community. © 2008 Sensei Enterprises, Inc. but rest assured, their use will spread. Cameras will be made for titans should be interesting to observe – from a safe distance, of Lawyer advertising has already shifted in part from the print table top computers such that they can interact with the table and course. world to the electronic world and that trend is expected to upload photos without any physical connection – it will all be At the end of the day, lawyers want to practice law. There are continue. We buy pizza online, we buy movie tickets online, we cruise online, and yes, we find lawyers online. Time to ditch or at wireless. lawyer/geeks to be sure, but they represent a small slice overall. Sharon D. Nelson, Esq. and Look at the surfaces around you – not just tables, but walls, So let us also predict that lawyers will be looking for hardware least diminish the Yellow Pages advertising and move into the whizbang of electronic marketing. John W. Simek ceilings, etc. They can all be turned into computer monitors by and software that performs legal core functions at a budget price. Vista? Don’t rush in. [....] The next year will see growth in the simple use of projection devices. Virtual keyboards can go They may not be able to escape the clutches of Microsoft, but Vista usage, but most of it will come through normal upgrade wherever you go for those things that still require typing. they are keenly looking at low or no cost utilities that make their replacements, not a rush to Vista itself. And at that, most We may be a tad short of the “beam me up” era, but we are lives easier. The utility JOTT, which is creating a lot of buzz as we consultants are telling folks to order replacement machines with getting mighty close. Perhaps most interesting is all the things we go to press, is just one example of a simple need being fulfilled. XP where possible, at least until Vista stabilizes. Recent studies CAN do with one device or another and our frenetic attempt to Now that we all live and die by the Inbox, how much sense it makes to call a number and leave a voicemail that will be have shown that no matter what you run Vista and XP on, XP cram all those functions into one device. One thing Apple’s Steve runs significantly fasters. Tell us again why you would trade a Jobs has always keenly understood it is that is important to cast converted to an e-mail in our Inbox. How many scraps of paper have YOU lost? We lost count a long time ago. race horse for a nag? your net upon the waters and reel in the functions that consumers One area in which we expect to see great progress is in A lawyer shift to Macs? Nope, we don’t predict that. They are want. Not all functions belong on a device simply because you collaboration. Right now, lawyers are struggling to collaborate easier to switch to now, given the interoperability of the new can put them there. The device will be too cluttered and easily, whether in collaboratively working on documents or MAC operating systems with Windows, but the Windows complicated. It is critical to find those selected functions that attempting to hold a meeting. It probably isn’t fair to call applications will continue to dominate the market. Granted, some consumers are hungry for and make them available in a simple, collaborative technologies nascent – they’ve been with us for a attorneys will purchase the Mac and dual boot to a Windows user-friendly fashion. Hence, the frenzied purchasing of the while. But technologies which are cheap and easy – oh boy, is environment, but most will just stick to a straight Windows iPhone. there a demand for those technologies! About the same time as machine. Still, there’s more interest in this area then ever before. Technology moves so fast that no one can truly keep up with it, this article is published, the ABA will be publishing a guide to Watch for Brett Burney’s new book on Mac for Lawyers to even the technologists. Pretty soon, if the federal government has lawyer collaboration by noted legal technologists Tom Mighell surface in 2009. If anyone can give lawyers a credible reason to its way, we will not only be carrying national ID cards, but have and Dennis Kennedy – that’s a book you’ll want to buy if move to a Mac environment, it will be Brett. some form of RFID on our person at all times telling everyone collaboration is something you want to do better – or to begin Electronic discovery? Look for a steady shift to native format with a reader all about us. Worst case, we’ll be required to have doing! production, and a consequent saving in ED costs. Those who are RFID implants. Soon you’ll be able to walk into your drugstore Another arena of change will be in the courtroom. We believe married to TIFF production will limp along for a while with and have the druggist look at the screen reading your RFID chip that judges will become more receptive to courtroom technology gullible clients, but the smart ED vendors are making the move to and call out helpfully “Hemorrhoid cream is on aisle 9 Ms. and some local court rules will change to make it clear that native now and using TIFF only in situations where native format Baker!” lawyers can indeed bring laptops and perhaps even phones into doesn’t work, primarily where redaction is involved. Right now, most of those who cater to the legal market are courtrooms as a matter of course because that is where their cases In the next year, and every year for years to come, look for a guessing at what lawyers want, but this guessing is likely to and calendars are. Mind you, it is likely that if cell phones go off, shakeout among ED vendors. Everybody decided all at once that become more astute over time. Even the non-legal market will as they were wont to do in the old days when rules allowed them, they could do ED - it was the California Gold Rush all over impact us. Are we not all shackled to Microsoft? There’s our irritated judges will do what one of our judicial friends did – again. Many can’t do it all, many don’t do it well, and many prediction – for the foreseeable future, we will remain shackled to throw the phone out the courthouse window. In all likelihood, a charge highway robbery prices because that’s what the market Microsoft. Until and unless the third party software lawyers need lawyer’s courthouse ID (and those IDs are sweeping the nation as has borne in the past. Lawyers and law firms are getting shrewder

36 Summer 2008 Columbus Bar Lawyers Quarterly Summer 2008 Columbus Bar Lawyers Quarterly 37 Technolawgy Interiors

IS THE iPHONE READY for Prime Time with Lawyers? Trust Your Client’s Instincts

By Troy Henley By Stephen E. Chappelear

he iPhone arrived on the scene with great fanfare and bookstore. WiFi access also allows you to bypass using was sure I knew a heck of a lot more squarely in the range of what a jury would To my great surprise, but not Betty’s, high expectations. It was Steve Job’s latest ground- expensive minutes from your cell data plan. about trying a personal injury lawsuit likely award, and I recommended the verdict was five times higher than the breaking product destined to put Apple Computer in iPhone drawbacks? Yes, it has a biggy, the lack of a physical than did my client. After all, I had settlement to Betty. She refused, insisting defendant’s final offer, and four times the record books again. The phone pioneered many keyboard. The touch screen keyboard is innovative but does done pretty well in law school, was that she was entitled to substantially more higher than our last demand. T not provide sensory feedback with regard to touch, valuable I money. She refused to budge from our last Betty very kindly declined to say, “I told new features in a surprisingly thin and lightweight package, the working in a good firm, and I had read you so,” even after we interviewed some same stylization that brought the iPod music player to life. tactile feedback. (You need to sense where the keys are when lots of articles and books about trials. She demand, leaving us $4,000 apart. The judge was not pleased with our of the jurors and learned that the reason With its nearly button-free surface and touch-driven interface, shooting off an email.) So if you are a high volume typist on was just a high-school-educated, middle- inability to settle the case and seemed the deliberations went on as long as they it was innovative but it lacked the core feature that would turn your existing phone, the iPhone may prove frustrating, even aged housewife who had the misfortune of after Apple releases the full email\calendar\contacts integration disgruntled about going through a trial did was that the highway patrolman was it into a powerful tool for lawyers. The iPhone did not have the having a car smash into the back of her suite. But if you use your smart phone for reading email, when we were so close, but said he would arguing for a verdict twice as high as what ability to synchronize with corporate email systems the way car as she was trying to turn into her viewing your calendar and sending brief email messages and bring up the jury. was ultimately returned. that the Blackberry and the Treo do. A key feature lawyers driveway. replies, this will be a perfect fit with the June release of the The voir dire process brought our While I like to think that knowledge, have grown to depend on. Granted, the iPhone can be It was only my second jury trial, but I experience, judgment, and good instincts configured to synchronize with an email account but that’s all: enterprise software suite. second disagreement. One of the had lots of confidence, maybe from the lead me to good advice and making smart no contacts or calendar synchronization over-the-air and no Geek Speak: The iPhone currently supports email prospective jurors was a highway good fortune of coming up with a victory patrolman. I wanted to use a preemptory decisions, I try not to let my ego control real-time synchronization to corporate systems. Blackberry synchronization, but iPhone users have been largely locked out in the first one, eight months earlier. I challenge and excuse this gentleman from me, and I always listen to my client’s and Treo own the market now but that’s all about to change. of corporate email systems because of its clunky thought I had this stuff pretty well figured this case. My reading had told me that law thoughts. With the Enterprise synchronization software already in the implementation. The iPhone utilizes an email synchronization out. enforcement officers, particularly highway hands of beta testers (35% of Fortune 500 companies technology often blocked by corporate firewalls due to security The first area where my client differed patrolmen, see many bad car crashes and participated) and the iPhone 2.0 release date set for July 11, it concerns. Accessing corporate email through the iPhone web was the value of the case. I had come up get jaded to death, dismemberment, and will soon become a VERY compelling addition to law firms browser is another possibility, however you have to manually with my own idea of what a jury might pain and suffering. I thought he would be [email protected] and businesses. The new iPhone model also boasts high speed log into your corporate email website with every visit, a time award, based upon Betty’s injuries, the quite unimpressed with Betty’s lack of any 3G technology, built-in GPS and a $199 price tag thanks to a consuming experience. The wait for an enterprise-grade time it had taken her to recover, medical broken bones or blood, and her price subsidy and data plan price hike by AT&T. solution for the iPhone is almost over and it will turn the bills, and the extent of damage to her car. complaints about an aching back. Betty Due to pressure from developers and consumer backlash, iPhone into a powerful must-have for most smart phone users. In the weeks leading up to the trial, we felt differently. She said she “had a good Apple moved away from its traditional stance of blocking third Apple’s enterprise software has already been in the hands of negotiated with the defense lawyer hired feeling” about our highway patrolman party software development and released a software Beta testers and will be widely released to corporations this by the defendant’s insurance company. He and asked to allow him to remain on the developer’s toolkit in March. They also promised full Exchange month. would increase his offer in roughly $1,000 jury. integration that would synchronize your Outlook contacts, increments, and I would lower our The trial proceeded for two days. We calendar and email with the iPhone. To help tout the new demand by similar amounts. The morning waited nervously for the jury foreman to Stephen E. direction that the iPhone is headed, Apple pre-released the of trial, we received an offer I felt was announce the verdict. Chappelear developer’s toolkit to a couple dozen firms that quickly [email protected] retooled their best applications to run on the iPhone. An impressive array of programs were demonstrated – from sales force management software to games that utilized the iPhone’s built-in Gforce meters (think of the Nintendo Wii paddles). It We target decision makers — showed the power of both the development kit and the iPhone the people you want as clients. as a computing platform…a dazzling array of applications were produced in only a two-week period. That’s just a glimpse of what we’ll see in the months ahead. Imagine accessing all Central Ohio’s top business leaders and company decision makers your office Outlook data on the iPhone and utilizing a read The Daily Reporter. Reach them five days a week synchronized version of your case management software to by marketing your company’s products check case facts, documents or SOL dates on the road. It’s not or services in the daily newspaper and that far away. Some of the existing iPhone features include in our many featured publications. visual voicemail, Bluetooth support, real web surfing similar to what you experience on an office PC and zoom in\out capability (which is mind blowing to witness first hand). All of Troy Henley, these features are complimented by a crisp, high resolution Columbus Bar LCD display. It also supports high-speed WiFi internet Director of connectivity so you can jump onto the internet from wireless Information Call today for The Daily Reporter’s 2008 marketing calendar and rates. access points at your office, hotel, coffee shop or local Technology

38 Summer 2008 Columbus Bar Lawyers Quarterly Summer 2008 Columbus Bar Lawyers Quarterly 39 Reflections Reflections

hours the next to address family obligations? attorneys within these networks must defend permanent departure from the firm or worse positions within the firm, increasing How can a woman truly be successful where the associates’ flexible schedules where the – the practice. Partners can effectively mentor awareness and sensitivity to such issues. Using Networks law firm power brokers believe that face-time associates are making their hours and female associates through the unavoidable – Perhaps she could have made it if she was and arbitrary deadlines are rites of passage? producing quality legal work despite the fact but temporary – tough spots in their career. surrounded by supportive attorneys who saw How do firms create an environment where a that they are not in the office everyday from Of course, implementing measures to to it that she got through the hard times in female attorney feels comfortable explaining 8 am to 7 pm. These networks can also serve increase the number of women attorneys in her career. Perhaps not. But our problem as a To Retain and Promote to the partner-in-charge that she has to leave as a voice that reminds decision-makers that partnership ranks is not just an institutional profession is that we often cannot answer at 4 o’clock for the next two weeks because “face-time” is not family-friendly and responsibility – it is our individual these questions. of a child-care issue? certainly isn’t the measure of a good attorney. responsibility. As associates, we are Women To Partnership While there are undoubtedly a myriad of Why are these measures even necessary? responsible for building networks within our elements necessary to create a culture that is Why is it our responsibility to articulate these firms. We must be politically savvy enough to female and family friendly, one way to go points or highlight these issues? Because as realize that we need networks of male and about creating such a culture is through recognized by a female partner quoted in the female partners to serve as our advisors and mentoring. Firms should encourage and NYC article, “[a]s long as firms are male- cheerleaders if we want to be successful. In ...partners can help to create a network of support for female reward both male and female partners – dominated, it’s much less likely that firms other words, if our goal is to make partner, associates by advising them through the inevitable hard times... preferably those with management skills – will make changes to accept the challenges of then we are responsible for doing everything who take the time to mentor female work-life balance. It’s not that men aren’t we can to make sure we realize that goal. associates. Such partners can help to create a receptive to theses issues, it’s that they’re not And one of those things is creating a network network of support for female associates by aware.” of folks who can help advocate for you and advising them through the inevitable hard Thus, partners – both male and female – advise you when things get rough. By Dawn Rae Grauel times in their careers. But this can only work have a responsibility to be a part of If we do not take responsibility at both the if meaningful mentoring relationships are networks and mentoring relationships and to institutional and individual levels, we stand developed. Mentoring is not just an annual make law firm management aware of the to lose a female attorney who enjoyed the lunch date. unique issues female attorneys face. Further, practice but left because she felt like she One way to produce meaningful attorneys have a responsibility to each other could not make partner either because she mentoring relationships suggested in the to ensure that female attorneys can make it could not travel, work at the office until all literature is through the creation of to partner or be otherwise successful even if hours, etc. Perhaps she could have made it if partnership track in much higher numbers n essay about women in the law “mentoring circles.” To create a mentoring they have modified hours or cannot travel for a network of people were trumpeting her than their male counterparts, and women would be incomplete without circle, groups of associates and partners with family reasons. Although these family issues cause to the firm. Perhaps she could have Dawn Rae Grauel, leave the partnership track due to the addressing the issue of the lack common interests and backgrounds are are usually temporary, they can lead to a made it if more women held leadership Hahn Loeser + Parks difficulty of combining law firm work and of female partners – particularly matched and meet regularly in informal A caring for children. These are certainly not contexts to get to know each other better. equity partners – in law firm ranks. And shocking revelations. The literature suggests that over time, why is that? Because of the numbers. The report also revealed that women stay compatible 1-to-1 pairs will develop as The numbers reveal that while there is in firms where their opportunities for participants gravitate to attorneys with gender parity amongst law school graduates advancement are not affected by their family- whom they feel a connection. Such and firm associates in today’s legal market, a friendly schedules. And while this revelation innovative approaches to mentoring can help COLUMBUS BAR 2006 survey conducted by the National is not surprising, it does represent a valuable to create meaningful networks that female Association of Women Lawyers revealed that piece of information. If law firms want to attorneys can lean on when necessary. just 16% of equity partners at large law firms retain female attorneys, then they should Not only do female attorneys need were women. Similarly, according to the ensure that female attorneys understand that networks within firms to make it, but we also National Association for Law Placement, y they can make partner despite having to need to take an active role in creating a firm da only about 17% of the partners at major law i work a modified schedule. This is a that is supportive of women. Women r firms nationwide were women in 2005 – an FThe official newsletter of particularly important piece of information attorneys cannot sit idly back and wait for increase of only 4% since 1995. Finally, only for law firms that are struggling to retain and firms to be more female or family-friendly. the Columbus Bar Association 5% of the managing partners at major law promote female attorneys. Firms may be Instead, we have to recognize that it is our is available online at firms are female. willing to provide flexible arrangements for responsibility to be proactive in creating a www.sourcenews.com. While NALP and NAWL’s numbers women attorneys, but women attorneys may culture where women feel empowered highlight the gender gap in partnership ranks, For more information, contact our not know that such arrangements are even an enough to tweak their own schedules or to circulation department at a recent report issued by the Equality option. As a recent the New York Times work from home. And female partners have 614-228-NEWS (6397) Commission explores the factors driving the article recognized, detailed studies indicate a responsibility to help create this type of disparate numbers. The Equality that female lawyers often felt pushed into the environment. They can remind their peers Commission’s “Women Lawyers and decision to leave a firm even though they that being more family-friendly means Obstacles to Leadership Report” (Spring would have stayed if a structure existed to bucking the traditional notions of what it 2007) was based on two surveys designed allow them to maintain both their career and means to practice in a large law firm; that it’s and conducted by the MIT Workplace family. “Why Do So Few Women Reach the silly to expect to see associates at the office Center. Survey 1 focused on rates of attrition Top of Big Law Firms?” The New York on Saturdays if they can just as easily work at firms, and Survey 2 focused on three sets Times (Mar. 19, 2006). from home. Female partners can create a of information: a) the reasons for moves; b) Thus, one of the primary issues in more family-friendly environment by descriptions of firm practices that affect addressing female-attorney retention is consciously eschewing the very natural attrition; and c) demographic information of whether law firms can create a structure inclination to think, “I had to make it those who stayed, left the profession, or where a woman’s partnership potential is not through without the benefit of [fill in the moved to a different firm. adversely affected by the need for flexible blank], so these associates should too.” The report provides concrete information schedules due to family obligations. But just All partners in these support networks about the factors driving attrition, but it did how do firms create a culture where women should advise female associates that it is okay 580 S. High St., Suite 316, Columbus, OH 43215 not reveal anything earth-shattering. believe that they can be successful even if to use their professional judgment in Fax: 614-224-8649 According to the report, women leave the they need to work 60 hours one week and 30 governing their schedules. More important,

40 Summer 2008 Columbus Bar Lawyers Quarterly Summer 2008 Columbus Bar Lawyers Quarterly 41 Reflections Reflections

In recent years LASC has created collaborations and partnerships, Examples of LASC assistance: Loss or denial of benefits, such as the pro bono partnership with the Columbus Bar. Medicaid, Medicare, Social Security, Unemployment Compensation, Programs include Foreclosure Intervention: LASC partners with evictions, foreclosures, domestic violence, child custody, consumer Advocate for the other community agencies to keep low income and elderly issues, garnishments and attachments, defending against homeowners in their homes after foreclosure proceedings have guardianships, landlord/tenant, dissolutions and divorce, started. (In one instance, LASC worked with the Columbus Housing bankruptcies, wills, power of attorney and estates under $100,000 Partnership to help an elderly woman avoid foreclosure and keep for senior citizens, and kinship care issues. “POOR AND THE POWERLESS” her home.) LASC also conducts educational workshops on Health Care, Tax Domestic Violence: The goal is to reduce instances of children Issues, Ending Relationships, Domestic Violence, Tenants’ Rights, being removed from their homes due to domestic violence situations. Wills, Living Wills, Children’s Law, Education and Health. LASC partners with Franklin County Children Services, a team of Under the leadership of Bernard S. Dempsey Jr., CEO/Executive — LEGAL AID attorneys and victim advocates to provide “holistic legal services” Director, the Columbus and Marion offices have 39 attorneys, 13 such as representation, counsel and advice, and linkage to paralegals, and 22 other support staff, LASC currently serves community resources for civil protection orders, divorces, custody, Franklin, Delaware, Madison, Marion, Morrow, and Union By Cindy Dryden child support, housing, and public benefits, which Board counties. Chair/President Thomas J. Bonasera refers to as “the safety net for our most vulnerable.”3 Child & Youth Law Program: CYLP works with school systems on individual education plans, behavior problems, medical 1. Legal Aid’s Rich History: The First 50 Years problems, and benefits. In addition, LASC partners with Nationwide By Marcia L. Brehmer, Esq. (Director from 06/1982 – 03/2003) Children’s Hospital to provide civil legal representation for the 2. www.columbuslegalaid.org “whole child.” CYLP lawyers address underlying issues like poor 3. The Columbus Foundation Comprehensive Report housing conditions and denial of Medicaid or educational rights 4. Kathi L. Schear, Attorney at Law, Legal Aid Society of Columbus “that cause or exacerbate the child’s medical condition.”4 The program director is an adjunct faculty member at Moritz College of Law. Community Economic Development Unit: Working in partnership with community agencies CEDU provides the Low Income Taxpayer Clinic and a Legal Aid Neighborhood Services team, which provide [email protected] counsel and employment opportunity assistance. Ex-Offender Re-entry Services: A concerted community effort is involved in helping ex-offenders reintegrate into the community as productive members of society. Cindy Dryden

What type of professionals read The Daily Reporter? rom a one attorney office on West Gay Street to 39 attorneys Columbus Bar president, successfully argued that Ohio’s school at its current address, City Park Avenue and its Marion suspension procedures violated constitutional due process law. branch office, Legal Aid Society of Columbus has The Public Defender Bill was passed in 1975 resulting in the Only the best. consistently used its “legal skills and expertise to improve the appointment of a County Public Defender, so the agency reverted F 1 back to The Legal Aid Society of Columbus name and handled only quality of life for the poor and the powerless.” LASC was established in 1954, the vision of a group of civil legal matters. Columbus Bar Legal Aid committee members for a formal program Low-income persons were first appointed to the board in the delivering legal services to the poor. Cases consisted of divorces, 1960’s, a practice that has since remained due to Office of bastardy, rent, bankruptcy, garnishment and attachment, and some Economic Opportunity (OEO) assistance being contingent on such criminal cases. representation. When the work proved to be too much for one attorney, LASC Since its beginning in 1954 up until 2004 the population the merged with the office of the Public Defender Society of Columbus LASC served grew from 500,000 to 1.3 million. Ever a challenge, to become The Legal Aid and Defender Society of Columbus in funding for the organization has changed and evolved over the Central Ohio’s only 1959. Three attorneys and two secretaries now provided these years. At first, United Appeal (now United Way) was their sole services. From 1959 to 1965 the caseload was 25-30% criminal source of funding. Next, United Appeal and the City of Columbus daily business and legal newspaper. cases, 35-50% family cases, with the rest economic, property, and funded the agency. The Economic Opportunity Act of 1964 resulted miscellaneous cases. in federal funding for the first time. Later, the Legal Services Tension “between using its resources to serve as many individuals Corporation Act of 1974 provided funds. In 1985 Interest on as possible and performing impact work runs throughout the Society’s history.”2 Consequently, the Society created a Group Lawyer Trust Accounts (IOLTA) funded services. Today funding is Service Attorney position 1969 for “impact work.” One such case provided through the Legal Services Corporation, United Way of was Goss v. Lopez, which went clear to the U.S. Supreme Court. Central Ohio, the Ohio Legal Assistance Foundation, the Columbus Call today to subscribe. Group Service Attorney Kenneth Curtin, a recent Cornell Law Bar Foundation, the Columbus Coalition Against Family Violence, 614-228-NEWS (6397) School graduate, and Denis Murphy, a private attorney and later and various grants.

42 Summer 2008 Columbus Bar Lawyers Quarterly Summer 2008 Columbus Bar Lawyers Quarterly 43 Reflections Book Review

Early 18th Century was a time when upper class groups like the Mohawks What to Do When the Economy A Conspiracy of Paper amused themselves by wandering the streets and cutting off ears and noses of helpless people. and Some from the upper class and others enjoyed the common sport of battering off 1 the body of a goose tied by its neck to a tree and listen to its crying or baiting a SLOWS A Spectacle of Corruption bear and torturing the animal until it died. Going through times like these brings it to our No law or organization existed to rescue attention that we can’t take things in life for or protect either the animals or the people By Tim W. Hrastar By David Liss harmed. And, of course, there was no legal granted – shaking up your world every now and Reviewed By Janyce C. Katz action against the offenders. Watching a then is a good thing. hanging and throwing things and verbal insults at the person executed was great sport. ears ago I asked a colleague of mine, also self-employed, will see you as caring for their needs – loyalty, a stronger bond, Conspiracy of Paper uses as its temporary allies. The London in which After the time-line of both books, the what he does when business gets slow and the recession and more business is the result. base the true story of the stock Wild and the fictional Weaver operated real Wild was arrested and executed. monster lurks at his door – his response was, “I play Before you meet with your client(s) think about ways to help frenzy leading up to the collapse lacked a city-wide police force, a In 2001, Liss won the Edgar Award, golf.” That’s certainly one way to cope with the them based on what you know about them and their business. of the South Sea bubble. A prosecutor and, of course, indoor MacAvity Award, and Barry Award for A This is the “Thinking Ahead of Your Clients” idea I always refer A plumbing. It was a dirty, whore and Conspiracy of Paper. He wrote his first Y Spectacle of Corruption features an actual situation, and probably in the long run a really good way to criminal filled city whose residents were handle it. But for those who get anxious and would feel guilty on to. Bring ideas to the table – stimulate their thinking and you will election with corrupt politicians. The early book while finishing his doctorate at often incited against crime and political Columbia University. Its success the golf course when they feel they should be looking for business, stimulate business for both of you. For example, provide them 18th Century English system of justice – or parties by the new phenomena of encouraged him to drop the dissertation. there are things that can be done. There has been a lot of talk with a free seminar on how to use your legal services more lack there of – plays a major role in both newspapers. Without an organized police To date, he has published four books. lately in the trades about law firms being in the middle of a effectively during these times – or any time for that matter. books. force to stop them, thousands of people Liss moved away from the historical recession, so I thought I would try to put things into perspective. Remember, when people ask, “how’s business?” Your response Liss creates a story about an honest made a living as thieves. novel in The Ethical Assassin, published in First of all don’t panic – because you’re not as bad off as you is, “business is good, I am always looking for more!” Be positive pugilist turned thief-taker, Abraham A 1697 Act of Parliament setting a fee 2006. While amusing, I found it not as think. According to the World Bank 2.5 billion people live on $2 and look forward. Don’t dwell on the negatives that may surround Weaver, in order to weave in tales of you right now. They will pass, and pass more quickly if you look for the capture of thieves was a means of good as Conspiracy. He promises a third per day or less – truly tragic. Keep in mind that recessions are a London at the time of the South Sea to the future. Company and in the years after the addressing the problem and encouraging book about Benjamin Weaver in 2009. normal part of economic life – they happen about two times every the public to protect itself. The reward of I am sure you’ve heard all this before, and instinctively know company's stock collapsed. The very real It is this reviewer's hope that in his next decade. Also, by the time we are officially said to be in recession, 40 pounds for turning in a thief, an what to do – now go and do it! Start contacting your best clients historical figure, Jonathan Wild, is one of book, Liss returns to what made his first we are usually coming out of it. amount usually earned by a laborer over a first and move on down through your list – fill up your calendar the many characters populating David an Edgar winner, a detailed historical When I look back at my 32 plus years in my own business I four-year period, encouraged the with client meetings, and make sure the meetings are about your Liss's Conspiracy and Corruption. analysis as interesting and as integral to the have a difficult time even remembering what happened during the development of the "thief-taking" clients’ concerns, not yours. Thief-taker General Jonathan Wild, plot as the story about the lives of Wild recessions I experienced—it seemed to be business as usual. The profession. For someone like Jonathan resident of London, helped people regain and Weaver. point is, in the big scheme of things, it’s usually never as bad as Wild, that law and the lack of a their stolen items, for a small fee - of The two books reviewed here are not people think– we always recover. Plus, you personally can’t do governmentally-controlled police force was course. It was usually easy for Wild to simply historical tales. I found them anything about the national and global economic situation, so encouragement to set up stables of return items to their rightful owners relevant to our lives with our stock bubbles don’t wring your hands over it and you’ll come out on the other criminals and prostitutes around London. because the thieves and prostitutes he kept and our obsession with reality television. If end not much worse for wear. By the way, many of the firms I talk Wild, who was respected by the you didn't read these books when they [email protected] on his payroll usually had stolen them with have been having very good months so, once again, government and public as well as by the came out, I recommend them now. from the owners. When Wild negotiated a thieves, suggested to the Privy Council that recessions may not affect everyone in the same way. return of items, the thieves then received a If you have been concentrating on business development all a higher reward for the capture of © 2008 Tim W. Hrastar Associates cut of Wild's charge to the owner. If the criminals would lessen the amount of 1. A Conspiracy of Paper (Random House along you are doing pretty much all you can do. When the thief irritated Wild or failed to report all crime. Publishing Group, 2000) and A situation starts getting you down that’s the time to start being even items stolen, Wild would have the thief more attentive than usual to your clients and think more on how In 1720, the reward jumped to 100 Spectacle of Corruption (Random House arrested. pounds for criminals caught in certain you might serve them. Then after the recession continue to be as Publishing Group, 2004) Allegedly, Wild marked an "x" on a list areas. Wild's double cross became more attentive to your clients as you were. Going through times like next to the name of each thief he turned profitable. Those turned in to the justice these brings it to our attention that we can’t take things in life for into the authorities. After the thief had system had to have sufficient funds for granted – shaking up your world every now and then is a good been executed, usually by hanging, Wild bribes if they wanted to survive. A paid [email protected] thing. So here are three things that will give your practice a shot in would place a second "x" next to the evidence taker would hire the right the arm. Even if you are not concerned about recession do these name. The hanging of the "double "witness" to say just what was wanted. things anyhow. crossed" thief or prostitute would serve as Juries could be pushed into conviction Get on the phone and write emails to make more contact with a warning to the others in Wild's stable as when all evidence pointed to innocence. your client base, starting with your key clients. Go to breakfast, well as to those operating independently. Even judges would condemn an innocent lunch, or dinner, and just get a feel as to what their concerns are. The murder of Weaver's father in man to death, if the price was right. Remember, they are living in the same economic world you live in. Conspiracy entwined Weaver with Wild. The jails were notoriously grimy and The two of you can brainstorm ways to help them in their Both men operating on the fringes of what rat-filled, but for a bribe a thief could get business. This exercise has several benefits. First, it can make both becomes the first stock market crash in out of jail. A smaller bribe could improve Janyce C. Katz, of you feel better and more in control; second, you will modern history. the prisoner's treatment until execution or Ohio Attorney undoubtedly come up with positive ideas that can help your client, In Spectacle of Corruption, the actions until the judge could be paid to free that General Taxation and at the same time will provide work for you; third, your client Tim W. Hrastar of one judge made Wild and Weaver individual. Section

44 Summer 2008 Columbus Bar Lawyers Quarterly Summer 2008 Columbus Bar Lawyers Quarterly 45 Courthouse Update Courthouse Update IT’SIT’S GOINGGOING UP!UP!

By Judge Richard A. Frye

Basement walls and the seven-story elevator shaft for Franklin County’s new Common Pleas courthouse at Mound and High streets have taken shape quickly aided by good spring and early summer weather. Contracts awarded to date have come-in below estimates. However, in early June the County rejected bids for the pre-cast concrete skin of the building. That may prove to be a more expensive component, and re-bidding adds time delay. Completion is now scheduled for fall 2010. The mechanical, electrical and plumbing bids were due in late June, in the range of $30 million. Once those contracts are awarded there will be more certainty about completion of the entire building simultaneously, rather than in pieces by only roughing-in courtrooms on one half of the seventh floor to fit within budget estimates.

Photos by Troy Henley

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John M. Afek, CPA/PFS, CVA t s LARRY CLARKE Columbus, OH 43215 Linda Johnson CPA, CVA E

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e 614-228-0027/1-888-309-3595 614-221-7610

[email protected] R (fax) 614-487-8404 [email protected] Residential and Commercial Lending www.valuation-analysts.com OH MB 803147 FL MBB 0704439

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48 Summer 2008 Columbus Bar Lawyers Quarterly Summer 2008 Columbus Bar Lawyers Quarterly 49 JAMES E. ARNOLD & ASSOCIATES A LEGAL PROFESSIONAL ASSOCIATION STAFFED AND STRUCTURED TO GIVE CLIENTS A DECIDED EDGE.

JAMES E. ARNOLD SCOTT J. STITT GREGORY SMITH JAMES G. VARGO DAVID C. WINTERS

JAMES E. ARNOLD & ASSOCIATES 471 East Broad Street, Suite 1400 Columbus, Ohio 43215 P 614.460.1600 www.arnlaw.com

Practice Areas: Complex Civil Litigation; Commercial Litigation; Class Actions; Wrongful Death; Personal Injury, ERISA Litigation; White Collar Crime; Federal Criminal Law YOU WORK FIVE DAYS A WEEK

WE WORK Q. five Why would days in-house attorneys need professional A WEEK responsibility counsel? Who can afford to wait a week, or even a month, for the latest local business news? Local business leaders There are many specific and know the value of accurate, timely news — available in unique issues that in-house counsel www.bricker.com confront regularly. Hiring a print and online every business day through The Daily professional responsibility lawyer COLUMBUS CLEVELAND can help your organization take CINCINNATI-DAYTON Reporter. Subscribe today to Central Ohio’s only daily preventive measures to ensure the legal team is on the right track. business and legal newspaper.

Contact Alvin Mathews at 614.227.2312 or at [email protected]. He counsels attorneys. A. Bricker & Eckler LLP. Legal counsel for tomorrow’s world, today. 580 S. High St., Suite 316, Columbus, OH 43215

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