Fall 2008 Columbus Bar Lawyers Quarterly Fall 2008 Columbus Bar Lawyers Quarterly 3 President’S Page President’S Page
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F ALL 2008 On Insults To Sausage Makers By David W. Hardymon . .6 A Federal “Drug Court” That Works – And How It Works By The Honorable Terence P. Kemp . .12 Mediation – A New Kind Of Federal Offense By Robert S. Kaiser . .13 When Johnny Or Joanie Comes Marching Home By Duncan O. Aukland . .14 Win A Bet? When Is It Legal To Give An Underage Person A Drink? By Timothy J. Bechtold . .16 Better Lawyer . .21 Elevator And Escalator Injury Claims By Glen R. Pritchard . .33 Women’s Journey Through Addiction By Candace Hartzler . .37 E-Discovery – Small Steps Can Yield Great Savings By Christopher F. Shiflet . .40 Ten Years After: The Columbus Blue Jackets, The NHL And Free Tickets By Greg Kirstein. .45 A Baltic Blast By The Honorable David E. Cain . .47 *A SUPPLEMENT TO THE DAILY REPORTER* *CONTENT PROVIDED BY THE COLUMBUS BAR ASSOCIATION* Better Lawyer Interiors I Am A Lawyer, Now What? Understanding Addiction – Part II COLUMBUS BAR ASSOCIATION By Matthew D. Austin . .Page 21 By Brad Lander . .Page 36 OFFICERS President: Kathleen M. Trafford Practicing Law In An Electronic World Women’s Journey Through Addiction President-Elect: Elizabeth J. Watters By Lisa Kathumbi . .Page 22 By Candace Hartzler . .Page 37 Secretary/Treasurer: Hon. Stephen L. McIntosh F ALL 2008 Immediate Past President: Nelson E Genshaft The Truth About What Clients Really Want Hepatitis C – A Silent Epidemic By Mark Kafantaris . .Page 23 By Rosemary Eustace and Nikki Rogers . .Page 38 BOARD OF GOVERNORS President’s Page Always Consider Jury Instructions Technolawgy David S. Bloomfield, Jr. By Nicole VanderDoes . .Page 24 Kenneth R. Cookson From The President E-Discovery – Small Steps Can Yield Great Savings Dawn Rae Grauel By Kathleen M. Trafford . .Page 4 Legal Writing Tip By Christopher F. Shiflet . .Page 40 Marie-Joëlle C. Khouzam By Jameel S. Turner . .Page 25 David T. Patterson Elections Employment Law Mark C. Petrucci How Do Young Lawyers Rate Communication? James E. Phillips On Insults To Sausage Makers By Janica Pierce . .Page 26 Wage Payment – What Could Be Simpler? Rosemary Ebner Pomeroy By David W. Hardymon . .Page 6 By Felix C. Wade . .Page 41 Anthony M. Sharett In Court Draw The Line On Casual Dress Keith W. Schneider By Bree Brown . .Page 27 Disclosures Bradley B. Wrightsel Civil Jury Trials Thoughts On Lawyer Retirement Book Review OSBA District Representative: David C. Patterson Franklin County Common Pleas Court By Bert Kram . .Page 43 By Belinda S. Barnes and Monica L. Waller . .Page 8 By J. H. Huebert . .Page 28 ABA Delegate: Sally W. Bloomfield Executive Director: Alexander Lagusch News From Nameless The Lighter Side Of Law Communications Director: Jill Snitcher McQuain Collaborative Divorce – An Oxymoron? By Lloyd E. Fisher Jr. .Page 44 By Robert H. Snedaker III . .Page 10 By Mark Kafantaris . .Page 29 Editor: David W. Hardymon Sports and Entertainment Managing Editor: Esther Kash Federal Court It's As Easy As Riding A Bike Production: The Daily Reporter By Paul G. Rozelle . .Page 30 Ten Years After: The Columbus Blue Jackets, Making A Federal Case With More And Less The NHL And Free Tickets Columbus Bar Lawyers Quarterly is published by The Holiday Party Navigation By The Honorable Mark R. Abel . .Page 11 By Greg Kirstein. .Page 45 Daily Reporter for the Columbus Bar Association, 175 By Michael E. Heintz . .Page 31 South Third Street, Columbus, Ohio 43215, A Federal “Drug Court” That Works – And How It Works Travel 614/221.4112, four times a year — Winter, Spring, By The Honorable Terence P. Kemp . .Page 12 Introduction To Downtown Living Summer and Fall. Statements or opinions expressed By Jameel S. Turner . .Page 32 A Baltic Blast herein are those of the authors and do not necessarily Mediation – A New Kind Of Federal Offense By The Honorable David E. Cain . .Page 47 reflect those of the Columbus Bar Association, its By Robert S. Kaiser . .Page 13 Written Rules officers, board, or staff. —— Elevator And Escalator Injury Claims Written Rules NOTICE Up And Down Traffic Liabilities Any statements pertaining to the law contained in this By Glen R. Pritchard . .Page 33 When Johnny Or Joanie Comes Marching Home magazine are intended solely to provide broad, general Demobilization Legal Issues For Citizen-Soldiers information, not legal advice. Readers should seek By Duncan O. Aukland . .Page 14 Ethics advice from a licensed attorney with regard to any specific legal issues. Professionalism In Public Sector Lawyering Win A Bet? When Is It Legal To Give An Underage By Christopher B. McNeil . .Page 34 Person A Drink? By Timothy J. Bechtold . .Page 16 What A Lawyer Should Do If The Client Complains To The Bar The Construction Contract Contains A Mediation Provision By Alvin E. Mathews Jr. .Page 35 — What Now? By Donald W. Gregory . .Page 17 Anti-Counterfeiting Strategies For Brand Owners By Jay A. Yurkiw . .Page 19 2 Fall 2008 Columbus Bar Lawyers Quarterly Fall 2008 Columbus Bar Lawyers Quarterly 3 President’s Page President’s Page children still living in Africa who also were eligible to come to the United States but she could not find a way through the complicated immigration process on her own. It took us the better part of a year to work through the process, making calls or timely, accurate legal news and writing letters on her behalf. After the F every business day... From The children finally arrived here, our client brought them to our office to thank us for our efforts on their behalf. The language barrier prevented any verbal communication, but we saw the “thank Subscribe today at 614-228-NEWS (6397). you” in their smiles. I don’t tell this story President to boast; I know others have taken on By Kathleen M. Trafford many more or more difficult cases than I. I tell this little story because it showed me how “doing the right thing even when no attended the annual meeting of the resources available to meet those needs issued its “Statement Regarding the one is looking” can be reward enough. We American Bar Association in New continues to grow. Part of the reason is Provision of Pro Bono Legal Services by don’t really need a carrot nor should we Westlaw Practitioner: York in August to participate in the that while there are many national Ohio Lawyers.”1 Some lawyers passionate wait for a stick. gateway to research sessions offered by the National advocacy groups devoted, and more about pro bono service frankly were The Pro Bono Committee is launching I important well-funded, to pursue and disappointed because the Court stopped its own “Just Take One” challenge to all Association of Bar Executives/Presidents. tools for your specialty, Prominently displayed throughout the defend specific liberty interests – the short of requiring Ohio lawyers to provide Columbus Bar members. The challenge is meeting rooms and on the materials was American Civil Liberties Union, the a set number of hours of pro bono service simple. Each lawyer agrees to take just one your jurisdiction. the ABA’s tagline “Defending Liberty . National Rifle Association, Alliance each year and/or to report their hours of pro bono case a year. You pick the type of Pursuing Justice.” The line, of course, Defense Fund, Lambda Legal – there is not pro bono service. There are, however, good case that falls within your practice area or references the crescendo of our national equivalent private institutional advocacy reasons why a mandatory approach may comfort zone and pick your client. Let the pledge of allegiance “with liberty and for the pursuit of civil justice for the poor not be the best approach, not the least of committee know when you take on the justice for all.” Its prevalence at the and working poor. Mustering resources to which is that a reluctant advocate is not engagement and report back the hours you meeting caused me to ponder just how provide basic legal services for those who always an effective advocate. The Court’s contributed when the matter is complete. If successful are we in meeting our national cannot afford to secure those services on pro bono statement is aspirational only. It you do not want to go it alone or need help 3 pledge of liberty and justice for all. their own still tends to be viewed as a encourages all Ohio lawyers to seek to getting started, the Columbus Bar website We seem to be fairly strong on the public sector responsibility and public engage in new or additional pro bono has a special section on pro bono liberty promise. The freedom of religion dollars spent on the pursuit of justice have opportunities. Reporting pro bono hours opportunities that you can use to find ways flourishes. Our communities are sprinkled not grown proportionately to the need. or contributions is not mandatory, but to fulfill your personal pro bono goals. with diverse churches and evangelical That means private resources (read private starting in January 2009, Ohio attorneys Don’t be afraid to get in the water; some of centers. We openly display religiously attorneys) must step in to fill the gap. By will be able to voluntarily and these programs come with life jackets for symbols through the jewelry we wear, on virtue of our training, skill and license, we anonymously report their pro bono hours the inexperienced pro bono lawyer. If you the cars we drive, and even in tattoos. are the ones who must step up and deliver and financial support for legal aid are too afraid to jump in, please consider a Freedom of speech also flourishes. I on the national pledge of justice for all.