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The First Amendment Columbus Bar LAWYERS Winter 2018 QUARTERLY Winter 2018 Special Issue THE FIRST AMENDMENT In this issue, Columbus Bar Lawyers Quarterly examines the First Amendment: from fake news to hate speech, lawyer advertising to protests and religious freedoms to freedom of speech. This issue also explores the importance of networking, staying healthy and discussing diversity. A publication of the Columbus Bar Association • www.cbalaw.org Table of LAWYERS Contents QUARTERLY Winter 2018 How to Ethically Tell Your Story A Message from the 26 (and Theirs) Columbus Bar Association Executive Director Kwame Christian Editorial Board 4 When Did Your Future Become Book Review: Business and About Money? 28 Commercial Litigation Jill Snitcher McQuain Angela Baldree Chair Janyce Katz President’s Page The First Amendment Board Members The Very Best of Our Profession: Our Moment in History: Protesting Jack D’Aurora 6 Legal Aid, Pro Bono and Our 30 and Censorship Jeffrey Eyerman Commitment to Access to Justice Elizabeth Bonham Amy Koorn Lisa Pierce Reisz Melanie Tobias 32 Lawyer Advertising under the Bar Insider First Amendment Jason H. Beehler Norton Webster: 30 Years of Free Speech or Discrimination: Editor 8 Service, a Lifetime of Impact 34 When Cake Shops Stop Serving Kelsey Pohlman Kelsey Pohlman Carly Edelstein What If You Threw a Party and From a Media Perspective: Fake News Design/Production 10 Nobody Came? 36 Colleen Marshall Sarah Curran Hon. Charles Schneider From a Citizen’s Perspective: Fake News Have the Tough Conversations 38 12 About Diversity and Inclusion Janyce C. Katz Lindsay Ford Ellis Check, Please! Hate Speech and the Columbus Bar Association 42 First Amendment 175 S. Third St., Suite 1100 Better Lawyer Susan Gellman Columbus, OH 43215 (614) 221-4112 Taking the First Step: 44 The Johnson Amendment and www.cbalaw.org 16 Networking for New Lawyers Religious Freedom of Speech Caitlyn Nestleroth Johnson Prof. David Stebenne Legislative Update: How Two Ohio 18 House Bills Could Affect Your Life Outside the Law Clients (And Their Dogs) Alexis V. Preskar You’ll Never Regret Moving 46 (Your Body) More Updates to the Independent Katy Tombaugh Advertising 20 Contractor Classification Under Burgie MediaFusion the FLSA 48 Fifty-Year Anniversaries Abound (614) 554-6294 Alexa E. Cellier in 2018 [email protected] Hon. David E. Cain Points of Practice Lawyers with Artistic License: 50 Bryan K. Prosek Out of the Office: Progressive Heather G. Sowald 22 Policies Improve Employees’ Work/Life Balance NOTICE: Statements or opinions expressed herein are those Jury Verdicts of the authors and do not necessarily reflect those of the Kegler Brown Hill + Ritter Attorneys Columbus Bar Association, its officers, board, or staff. Any statements pertaining to the law contained in this magazine are Insights from a Law Student: Civil Jury Trials, Franklin County intended solely to provide broad, general information, not legal 24 52 Common Pleas Court advice. Readers should seek advice from a licensed attorney My First Semester of 1L with regard to any specific legal issues. Sara K. Sams Monica L. Waller PRICELESS A Message from the Executive Director THE COLUMBUS BAR ASSOCIATION: When Did Your Future Become About Money? YOUR PARTNER starting at less than by Jill Snitcher McQuain in practice Ever since the recession of paid the association dues; they encouraged they built, the leadership skills they $15 their lawyers to attend committee meetings developed and the opportunities they had 2010, we have noticed an uptick and events and to take on a leadership role. to become a thought-leader – all through per month in the number of members their involvement with the bar association. asking for detailed summaries So, when exactly did that change? When did bar association membership become I am really proud to lead the Columbus We want to help you succeed. of ROI: “What’s the return on a line item undeserving of investment Bar Association. I think we do some my investment for membership without an immediate, demonstrable return pretty terrific things on behalf of our The Columbus Bar exists to help lawyers become better lawyers—and we’re doing dues; for advertising in the on investment? Equally important is why members, the profession and the public. our best to make membership easier and more affordable than ever. For less than one did it change? Our staff is genuinely committed to directory; for instructing at a CLE; making our members’ lives a little better – dinner out per month, you can invest in your future and enhance your career: for taking on leadership roles?” Today, the stories I hear lay blame on professionally and personally. millennials – “they’re just not joiners.” Quality educational programs Ethics guidance To the contrary, we have one of the We are the sum of our parts. Members I get it. Money is tight. And the proverbial We will not compete with free CLE. We focus on Our Certified Grievance Committee investigates and strongest millennial memberships in the need to take an active role in investing in “new normal” has made law firms rethink providing quality programs that help you deliver prosecutes lawyers who are alleged to have violated the country. Millennials are joiners. They seek their future and the future of others. If you operations and management styles to better service to your clients. Rules of Professional Conduct. If possible, we prefer connections and professional development. are at the point in your career where you are reduce overhead and deliver more efficient to offer proactive guidance to help our members avoid Too often there is a misinterpretation enjoying the fruits of past investments, you ethical pitfalls, rather than reactively investigate them. client services. The CBA has done the that millennials get everything they need have a lot to offer those who follow in your Legal research same–we’ve reduced overhead by 50 online. What are we doing, as a profession, footsteps. Lead by example. Share your percent and reduced staffing by 25 percent As a member, you receive unlimited online legal Legal staffing support to coach them through building more stories about the value of engagement. since 2010. We’re all trying to do more with research–completely free through Fastcase. When you hire support staff through Dawson Legal authentic relationships to enhance their Pass on your legacy in the most meaningful less. Staffing, the proceeds are reinvested in the bar careers? Do you support their attendance way by investing in the future of those who association and the central Ohio legal community. at bar association functions? Do you strive succeed us. Be that as it may, the ROI for membership Client development tools to meet their expectations for personal and dues is not an immediate gratification or professional connection? Yes, I know money matters. But think about We help you put your best foot forward to Build relationships with one that can be solely defined by a dollar attract clients–through our Digital Directory, association membership as an investment thought leaders amount. Rather, membership dues are Find a Lawyer, Lawyer Referral Service, and The law is still very much a people in your career and your future. It’s not a more akin to a 401(k) – something you writing opportunities in Business First. We organize more than 27 committees and 12 events per business. Careers can be made or broken line item in your budget that should be month, plus nearly 500 live CLE programs per year–all to invest in with expectations of future return. by reputation alone. A recent study revealed questioned – it should be an automatic, help you make connections and build relationships. Membership is an investment in your that 75 percent of the reason lawyers are just like your 401(k), bar registration fees, career and in the future of the profession. Leadership opportunities hired (either by a client or an employer) has CLE and rent. And next time someone Chair a Committee, join a Board, volunteer for a Law office support services nothing to do legal skills and everything asks you what the return on investment is, I hear story after story from our more service project, participate in our Barrister Leader As a Columbus Bar member, access certified interpreters, to do with reputation and relationships. explain that it’s priceless. seasoned members about relationships Program–take a starring role in your local legal a robust forms library, exceptional meeting facilities, Relationships don’t just happen. If they they established early in their careers. community. surety bonds, and insurance to protect your health and are truly authentic, they are years in the And now, so-and-so is a Judge; CEO of your practice. making; decades even. How do you put a a million-dollar corporation; Managing Jill Snitcher McQuain, Esq. dollar figure on that? Incubator program Partner; in-house counsel at a fortune Columbus Bar Association 500 company dolling out millions in legal Want to start your own practice? Get onsite Sometimes, we can become so data [email protected] mentoring, education, and practice management fees every year; Attorney General. I also Join today! driven that we lose sight of the big picture. assistance to help you succeed. hear variations on the adage, “When I Engaging with your colleagues through a graduated law school, you did three things: Contact Becky at [email protected] or visit professional association is priceless. Yes, take the bar; pass the bar; join the bar.” Bar you would expect me to say that as the www.cbalaw.org to join online. association membership was a given. It Executive Director of the Columbus Bar was the right thing to do – for your career, Association. But it is so true. I hear it every for your firm and for the profession.
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