Columbus Bar LAWYERS Spring 2019 QUARTERLY

150 1869-2019

In this issue, Columbus Bar Lawyers Quarterly is celebrating the CBA’s 150th Anniversary COLUMBUS BAR years with articles about how the law has changed ASSOCIATION throughout history. Look inside to find information on privacy laws, immigration law through the ages, a very special piece on the history of the CBA and more. Plus, this issue includes pieces on mediation, flexible work schedules, the experiences of foreign attorneys and more.

A publication of the Columbus Bar Association • www.cbalaw.org SEA Lion Ad_Columbus Bar Quarterly_03-22-19.pdf 1 3/22/19 1:09 PM Table of LAWYERS Contents QUARTERLY Spring 2019

President’s Page Bar Happenings Columbus Bar Association The CBA: 150 Years Old and Still 32 Photo Gallery and Calendar of Events Editorial Board 4 Working for the Good of Lawyers and the Community Sam Peppers Spring ‘19: 150th Anniversary Chair Janyce Katz Message from the Executive Director 34 Privacy: How Has the Concept Changed During the Last 150 Years? Board Members 8 How Do You Measure the Value Janyce C. Katz Melanie Tobias of Membership? Amy Koorn Employment in an Jill Snitcher McQuain 42 Ashley Johns Ever-Changing America Garth Rowbotham Bar Insider Lauren Larrick A Short History of the Politics Your Mind is a Storyteller: 46 of Immigration C 10 Law & Literature Series, Part 4 Robert H. Cohen Editor M Mark Kitrick and Mark Lewis Brianna Antinoro Y The History of the Columbus Lawyer Discipline Cases in the 50 Bar Association CM 12 Supreme Court of Ohio David M. Gold Design/Production MY Nelson E. Genshaft Sarah Curran

CY Musings of an Old Practitioner 60 Dick L. Loveland CMY Better Lawyer

K Journey of an International 18 Life Outside the Law Columbus Bar Association Being known for experience and expertise begins with Attorney in Columbus 175 S. Third St., Suite 1100 Shweta Chaubey Columbus, OH 43215 Networking: Its Role in 62 (614) 221-4112 seeking these qualities in the professionals you engage. Alternative Work Arrangements Attorney Wellbeing www.cbalaw.org 22 Work for Law Firms, Too Scott R. Mote and Stephanie Hanna Lauren Rubin Wisdom means knowing what you don’t know, and who to call to nd out. Lawyers with Artistic License: 66 Chanda L. Brown That’s why you should know about S-E-A. For nearly 50 years, our engineers, Points of Practice Heather G. Sowald

investigators and researchers have been focused on nding real answers Practical Tips for a 26 Successful Mediation Jury Verdicts and articulating them in court. Robert D. Erney Civil Jury Trials, Franklin County Advertising To nd out more, call 800.782.6851 or visit SEAlimited.com. 68 Common Pleas Court Burgie MediaFusion Monica L. Waller (614) 554-6294 Paralegal Pointers [email protected]

The Paralegal Profession: 29 Past, Present and Future Garth W. Rowbotham

©2019 NOTICE: Statements or opinions expressed herein are those of the authors and do not necessarily reflect those of the Columbus Bar Association, its officers, board, or staff. Any statements pertaining to the law contained in this magazine are intended solely to provide broad, general information, not legal advice. Readers should seek advice from a licensed attorney with regard to any specific legal issues. President’s Page When I took over the leadership of the CBA, I wanted to find a way to encourage local lawyers The CBA: 150 Years Old to help other local lawyers with the stress and anxiety and Still Working for the Good of that sometimes comes along with the practice of law. Lawyers and the Community

by SAM PEPPERS address some of the issues that have been highlighted in the Hazelden study. Although a large percentage of lawyers lawyers with the stress and anxiety Backed by more than As I write these words, the CBA is in the struggle with their own well-being, there is that sometimes comes along with the midst of celebrating its 150th birthday: a stigma against talking about it and, in many 125 years of experience practice of law. In 2017, the American Bar cases, doing something positive about the problem. a truly momentous occasion for an Association’s Commission on Lawyer Assistance One of the main goals of the task force is to break 48 Programs and the Hazelden Betty Ford Foundation commercial service centers organization that started out with five or down this stigma in our local community and create released a study examining lawyer well-being. This nationwide six lawyers pondering the humble idea a culture of understanding and acceptance, one that national study revealed that an increasing number of will encourage more attorneys to seek help when they of making members of the Columbus lawyers and law students are experiencing chronic need it. The task force is brainstorming ideas for how 40 countries served worldwide stress, high rates of depression and substance abuse. bar better lawyers. The current staff the CBA can take an active role through programming, The study also revealed that lawyers who are publications, special events and more, in changing how and leadership of the CBA take in their first 10 years of practice have 1 point of contact lawyers both view and react to mental health issues that original charge just as the highest incidence of these among our peers. in Columbus seriously today. problems. In short, the Hazelden study tells us the problem We’ve already held some events that focus on mental is getting worse instead Experience the difference. We are continuously thinking well-being, and look forward to planning many more. of better. To be a good of and implementing In October, local attorney Michael Jarosi spoke to a lawyer, one has to be a innovative ways to make large crowd here at the CBA. He told the story of his healthy lawyer, and the membership in the CBA own journey to mental well-being and advocated for CBA is dedicated to more valuable to our our local legal community to work together to end helping our members 614.405.8673 q www.firstam.com/ncs members and thereby the stigma associated with mental illness. December be the best lawyers ©2018 First American Financial Corporation. All rights reserved. NYSE: FAF make them better 150 was Well-being Month here at the CBA, and we held they can be. lawyers who offer 1869-2019 drawings for different items, such as yoga mats, gym better legal services memberships, a FitBit and more, that would all help the It is unfortunate but to our community. recipients work on their own mental and physical well- about many of the issues that had been highlighted in in the same year of the Through CLE programs being. We also shared different resources such as local the Hazelden study and his own struggles with mental release of the Hazelden that help members stay help centers, national hotlines and phone apps that can health and substance abuse. study, I became aware current in the law and COLUMBUS BAR all help someone who is struggling with their mental by offering our members years of several local lawyers Although my presidency will be ending in June, I am ASSOCIATION health. cutting-edge practice tools who succumbed to their hopeful that this task force will continue to do good mental anguish and committed to help them practice in the 21st And, recently, we gave a gift to our members to work here at the CBA. It has only been in existence for suicide. Because of the unrefuted century, the CBA is still all about celebrate our 150th Anniversary – a free CLE program less than a year, but has already been able to provide evidence that there is a growing making members of the bar better lawyers. featuring Brian Cuban, sponsored by the Chester Family resources and programming to members of the central problem in the ranks of our fellow lawyers, Professionalism Fund of the Columbus Bar Foundation. Ohio legal community. We want to continue bringing we have created a Task Force on Lawyer Physical When I took over the leadership of the CBA, I wanted to Brian Cuban, author of “The Addicted Lawyer,” spoke relevant programming that impacts the practice of law find a way to encourage local lawyers to help other local and Mental Well-being, chaired by Bobbie O’Keefe, to in our community. But we cannot do so without your

4 | Columbus Bar Lawyers Quarterly Spring 2019 5 | Columbus Bar Lawyers Quarterly Spring 2019 input. Any feedback you have on our efforts and any organization and our members who benefit from what suggestions for future programs or events are welcome. you do, Thank you.

As I serve out the last three months of my presidency, I To our members who have wished me well during my want to thank the staff of the CBA who work tirelessly to tenure as CBA President, I thank you for putting me in provide the services and programs that the CBA offers this position and I ask you to continue to support the to those who are members of the legal community CBA by renewing your memberships, attending our CLE including lawyers, paralegals, legal assistants, law programs, utilizing the services that the CBA provides students and their families; Thank you. and by bringing us your ideas, and even your criticisms, to make us better at what we do for you. To the members of the Board of Governors who volunteer their time while navigating busy practices to ensure the CBA stays on course and is financially sound, Thank you. To the many lawyers who volunteer their time to lead the CBA’s 30 substantive law, five professional development and eight Board-appointed committees, Samuel A. Peppers, III, Esq. your efforts on behalf of these committees is often Dinsmore & Shohl, LLP in the background but is of tremendous value to the [email protected]

On April 4, 2019, attorney Brian Cuban spoke to CBA members about his experiences with clinical depression and alcohol and cocaine

addictions, as well as his journey to recovery.

6 | Columbus Bar Lawyers Quarterly Spring 2019 PRICELESS The law is still very much a people business. Careers We are the sum of our parts. Members need to take A Message from the Executive Director can be made or broken by reputation alone. A recent an active role in investing in their future and the future study revealed that 75 percent of the reason lawyers of others. If you are at the point in your career where are hired (either by a client or an employer) has nothing you are enjoying the fruits of past investments, you to do legal skills and everything to do with reputation have a lot to offer those who follow in your footsteps. How Do You Measure and relationships. Relationships don’t just happen. If Lead by example. Share your stories about the value they are truly authentic, they are years in the making; of engagement. Pass on your legacy in the most Membership? decades even. How do you put a dollar figure on that? meaningful way by investing in the future of those who the Value of succeed us. Sometimes, we can become so data driven that we lose by Jill Snitcher McQuain sight of the big picture. Engaging with your colleagues Yes, I know money matters. But think about association through a professional association is priceless. Yes, you membership as an investment in your career and your Ever since the recession of 2010, we house counsel at a fortune 500 company dolling out would expect me to say that as the Executive Director of future. It’s not a line item in your budget that should be have noticed an uptick in the number of millions in legal fees every year; Attorney General. I the Columbus Bar Association. But it is so true. I hear questioned – it should be an automatic, just like your also hear variations on the adage, “When I graduated it every day. Stories about people who would never be 401(k), bar registration fees, CLE and rent. And next time members asking for detailed summaries of law school, you did three things: take the bar; pass where they are but for the relationships they built, the someone asks you what the return on investment is, ROI: “What’s the return on my investment the bar; join the bar.” Bar association membership leadership skills they developed and the opportunities explain that it’s priceless. for membership dues; for advertising in was a given. It was the right thing to do – for your they had to become a thought-leader – all through their career, for your firm and for the profession. Law firm involvement with the bar association. the directory; for instructing at a CLE; for management expected their attorneys to join the bar taking on leadership roles?” association – employers paid the association dues; I am really proud to lead the Columbus Bar Association. they encouraged their lawyers to attend committee I think we do some pretty terrific things on behalf of meetings and events and to take on a leadership role. our members, the profession and the public. Our staff Jill Snitcher McQuain, Esq. I get it. Money is tight. And the proverbial “new normal” is genuinely committed to making our members’ lives a Columbus Bar Association has made law firms rethink operations and management [email protected] So, when exactly did that change? When did bar little better – professionally and personally. styles to reduce overhead and deliver more efficient client association membership become a line item services. The CBA has done the same–we’ve reduced undeserving of investment without an immediate, overhead by 50 percent and reduced staffing by 25 demonstrable return on investment? Equally important percent since 2010. We’re all trying to do more with less. is why did it change? Timothy E. J. Keck Asif Ranginwala Be that as it may, the ROI for membership dues is not Welcome Rasheeda Z. Khan Eric S. Richmond an immediate gratification or one that can be solely Today, the stories I hear lay blame on millennials – Stephanie Klupinski Patrick Riell defined by a dollar amount. Rather, membership dues “they’re just not joiners.” To the contrary, we have Stephanie Ann Kortokrax Dawn R. Saunders

are more akin to a 401(k)—something you invest in one of the strongest millennial memberships in the NEW Valeriya S. Kryvokolinska Laura Schank with expectations of future return. Membership is country. Millennials are joiners. They seek connections MEMBERS Jayne E. Lady Jennifer A. Schuster an investment in your career and in the future of the and professional development. Too often there is a W. Blair Lewis Todd Sidoti profession. misinterpretation that millennials get everything they Nicholas Z. Alexander Michael L. Dillard, Jr. Stephen MacGuidwin Parker Sinclair need online. What are we doing, as a profession, to coach Justine Allen Michael M. Doodan Robert H. Major Jodi R. Smilack I hear story after story from our more seasoned them through building more authentic relationships to Jeffrey A. Bartolozzi Joshua R. Dougherty Amanda Middis Derrick B. Strobl members about relationships they established early enhance their careers? Do you support their attendance Leah R. Beswick Adam F. Florey Alyson C. Miles Kasheen M. Swango in their careers. And now, so-and-so is a Judge; CEO at bar association functions? Do you strive to meet their Rachael Teresa Black April K. Fulton Haily Miller Christopher J. Tamms of a million-dollar corporation; Managing Partner; in- expectations for personal and professional connection? Kimberly Dawn Briscoe Kenneth A. Gamble Maurice N. Milne, III Bryan D. Thomas Alycia N. Broz Jameson Kane George Bryan Montana Michelle Renae-Finney Thornton Justin M. Burns Michael Groh Douglas H. Nobles Teresa A. Villarreal Matthew James Porter Coffman Matthew S. Hays Kelly O’Reilly Mathew J. Voltolini A recent study revealed that 75 percent of the reason lawyers are Elena V. Cool Kimberly Weber Herlihy Gary L. Pasheilich Cedric L. Ware Matthew D. Cooper-Whitman Genevieve M. Hoffman Dara Pittard Lucas Rachel Wenning hired (either by a client or an employer) has nothing to do legal David L. Day, III Athena Inembolidis Diamond L. Powers skills and everything to do with reputation and relationships. Michalea K. Delaveris Jahan Karamali Bryan M. Pritikin

8 | Columbus Bar Lawyers Quarterly Spring 2019 9 | Columbus Bar Lawyers Quarterly Spring 2019 Bar Insider ...our storytelling mind will create meaningful Your Mind is a patterns in the world even when no such Storyteller patterns exist. We impose patterns on the world. Law & Literature Series, Part 4 What did you just come up with? If you’re like most of happened, who did what to whom, and why. In this mix us, you tried to devise a story that connected these and mushrooming of stories, one may emerge – the one bY Mark Kitrick and Mark Lewis three sentences. In other words, you looked for the that will decide guilt or innocence, fault or exoneration. “hidden” story. Why did Sally stay in bed all day? Did it have something to do with Todd buying flowers for her? But even this story is only the beginning, as the public You have a storyteller living in your brain. As Gottschall and others explain, it pays to be so Is that also why Greg walked her dog? How do the three responds to the official legal story – the verdict – with Your storyteller takes up residence just above narratively nimble, at least in evolutionary terms. Our characters know each other – a love triangle, friends, their own re-tellings, often critical and revisionist in nature. world is full of stories we must detect to survive well. family or complete strangers? You have no idea and The tale goes on, as it must. But the point remains the and behind your left eye, where according to Think of the plots and gossip we must manage each neither do I. This is because the three sentences are same for all those interested in the legitimacy of our legal neuroscientists he spins yarns of incredible hour of our social lives, let alone the millions of pieces of completely random. They’re made up. But we system. We would do well to attend more closely literary coherence and sensitivity. Your sensory input our brain must handle daily. To order this can’t help asking and answering such in legal practice to our inner storyteller, ambiguous abundance, our brains naturally tell stories. questions as our storytelling minds look the one that has taken up permanent storyteller crafts these convincing tales Without stories our experience of life would be incoherent, for the connections, the narrative, the residence in our minds. It makes us outside your conscious awareness, as he meaningless. meaning. Only there is no story here human, wonderfully creative and other than the one we concoct, richly meaningful beings. But our interprets the incoming flood of information But our storytelling minds are deeply flawed. They can just like Sherlock Holmes piecing storytelling mind serves one thing even be dangerous, particularly in the legal domain where to create an ordered and meaningful flow to together the strands of disparate above all else – the story, not the witnesses must recount vital facts in narrative testimony, your experience of daily life. clues into a tapestry of meaning truth, not the legal system and, where lawyers’ arguments commonly take shape in and coherence.iii in many cases, perhaps not even narrative form, and where jurors tell their own stories to As this constant, disordered torrent of visual information justice. decide cases. Like any good storyteller, our minds hate enters your right eye, it travels to the home of your This might seem innocuous until directionless plots, unmotivated characters, and pure i Gottschall, Jonathan. The Storytelling Animal: How storyteller in your brain’s front left hemisphere. There we again consider the implications Stories Make Us Human: Houghton Mifflin Harcourt coincidence. Our storytelling mind craves the meaning 2012. the information is recombined by your storyteller into in courtrooms and legal proceedings ii of soap opera. So craving, in fact, that our storytelling Id at 103. the coherent and expressive tales you tell yourself. across the country, where judges and iii Id at 104. mind will create meaningful patterns in the world even Your internal storyteller is so adept that it will literally juries depend on witness testimony to when no such patterns exist. We impose patterns on the concoct these tales by “reasoning backwards” from decide the “facts” of cases and the fates of world. In the words of Gottschall, “the storytelling mind is effects to their supposed causes. This fabrication of litigants. This is a multi-level problem. First, the witness’ a factory that churns out true stories when it can, but will mind, also known as the “Sherlock Holmes Syndrome,” own internal storyteller creates the narrative she will tell in manufacture lies when it can’t.”ii We should take note of is inescapable. Like the literary detective, we all perceive court. As we know, her story may very well suffer from the how often it can’t. Mark M. Kitrick, Esq. Mark D. Lewis, Esq. the present world around us, pull personal clues from the same confabulation that colors all our stories. When she Kitrick, Lewis, & Harris, Co., LPA Kitrick, Lewis, & Harris, Co., LPA welter of ambiguity, and build our explanatory stories—no Gottschall asks us to consider a thought experiment. tells her story, the lawyers will combine it with their own [email protected] [email protected] matter how improbable the chain of events as we reason Read the following three sentences, then ask yourself more comprehensive stories based on fault, motivation backward from effect to cause. what they mean: and cause-and-effect. Such stories are the stock and trade of legal professionals. They are “legal” stories. They This humbling account of our storytelling brains comes to Todd rushed to the store for flowers. come pre-packaged, like the plots of our favorite sitcoms us from the latest frontiers of neuroscience and cognitive and fairy tales, in containers of blame, responsibility and psychology, as detailed in Jonathan Gottschall’s book, Greg walked her dog. justice. These combined, patterned stories are then told “The Storytelling Animal: How Stories Make Us Human.”i Sally stayed in bed all day. and re-told among the jurors who must decide what

10 | Columbus Bar Lawyers Quarterly Spring 2019 11 | Columbus Bar Lawyers Quarterly Spring 2019 They met to discuss the case, and then had sex in a The Court essentially took the Board to task by “blaming Bar Insider parked car. Sarver was appointed to represent J.B. the victim” for Sarver’s own misconduct. It suspended after her indictment, and they continued their sexual Sarver for two years, with the last 18 months stayed on relationship. At the time, Sarver was a candidate for the condition that he comply with his OLAP contract, Prosecuting Attorney in Hocking County. Rumors take and pass the Multistate Professional Responsibility developed about Sarver’s relationship with J.B., but exam, take an additional 12 hours of CLE with an Sarver denied them, including a denial to the Judge emphasis on professional responsibility, serve a two- Lawyer appointed to her criminal case. Detectives started year period of monitored probation and not commit any looking at Sarver’s conduct and interviewed J.B. further acts of misconduct. They convinced her to disclose her relationship with Discipline Cases Sarver in exchange for a lighter sentence, and she 3. Ohio State Bar Association v. Klosk, Op. No. agreed to assist. Sarver was then charged with several 2018-Ohio-4864, Decided Dec. 11, 2018. offenses, including sexual battery. Sarver reached in the Supreme Court of Ohio a plea agreement in which he pled guilty to several This action was brought by the OSBA to enjoin the Klosk misdemeanors and agreed to withdraw his candidacy Law Firm, Inc., a California law firm, and its principal, by NELSON E. GENSHAFT for County Prosecutor. Michael J. Klosk, from the unauthorized practice of law in Ohio. The OSBA alleged that Klosk solicited After his second hearing before a panel, Ohio residents for debt counseling This article will highlight significant cases showed that Wochna had inflated the time he worked on the Board found Sarver committed services. A complaint was filed in on lawyer discipline decided by the Ohio 99 of the 122 days in the audit period and was overpaid. misconduct and recommended November 2013, and in August 2014, Wochna was terminated by the court and later made Supreme Court in recent months. Each of the a fully stayed two-year Klosk responded by requesting restitution for the amount he was overpaid. suspension. The Board cited additional time to retain counsel cases noted below were presented to a panel several reasons for its in Ohio. The following month, of the Board of Professional Conduct and A panel of the Board found that Wochna violated the recommendation of no actual Klosk answered the complaint rules requiring judges to act in ways that promote then reviewed by the Ohio Supreme Court. suspension, such as no harm and admitted that none of its public confidence in the integrity of the judiciary and done to J.B. in her criminal attorneys were licensed in prohibit conduct that involves dishonesty, fraud, deceit Ohio, but denied the violations I have focused on discipline cases that case, the public humiliation and misrepresentation. Based on his acceptance Sarver suffered as the result alleged. Klosk then failed to involve contested issues under the Rules of responsibility and the restitution paid, the Board of press coverage and the respond to written discovery of Professional Conduct and sanctions. recommended a six-month suspension, entirely stayed. fact that Sarver was forced requests, and nearly a year later The Court accepted this recommendation and suspended the Board granted the OSBA’s I have not included cases that involve to withdraw from the race for Wochna for six months, all of which was stayed on the Prosecutor. The Court took issue motion to have its Requests for motions, default judgments, resignations condition that he commit no further misconduct. with the Board’s recommended Admission deemed admitted for or reinstatements after a suspension, sanction. It emphasized that Ohio failure to respond. In June 2017, the since those cases typically do not involve 2. Disciplinary Counsel v. Sarver, Op. No. 2018- added an ethical violation in Prof. Conduct OSBA moved for summary judgment and Rule 1.8(j), which prohibits a lawyer from engaging in a Klosk failed to respond. The Court determined that contested issues under the Rules. Ohio-4717, Decided Nov. 28, 2018. sexual relationship with a client where there was no pre- Klosk was engaged in the unauthorized practice of law in John Allan Sarver of Rockbridge, Ohio was charged existing relationship. In all the cases where a violation Ohio and that a civil penalty of $2,000 was warranted in 1. Disciplinary Counsel v Wochna, Op. No. with four counts of ethical violations relating to a sexual of this provision was found, the lawyer was actually view of Klosk’s lack of cooperation in the investigation. 2018-Ohio-4492, Decided Nov. 8, 2018. relationship he had with a client. The case went through two suspended from practice. The Court examined a line hearings, each with a panel and Board recommendation of cases that show the rule is designed to prohibit an 4. Mahoning County Bar Association v. Charles Francis Wochna of Bay Village served as a of a suspension, but with the entire suspension stayed. In attorney from using a position of dominance to require Sciortino, Op. No. 2018-Ohio-4961, Decided Magistrate in the Cuyahoga County Court of Common the final decision, the Court found that Sarver committed sex from a vulnerable client, saying: Pleas, Juvenile Division. He was charged with ethical misconduct, but it would not accept the recommendation Dec. 13, 2018. violations of both the Code of Judicial Conduct and the that the two-year suspension be entirely stayed. The “These cases all involved attorneys who took Michael Vincent Sciortino of Youngstown had his Professional Conduct rules. All the Magistrates were Court felt that Sarver’s conduct deserved some actual advantage of the attorney-client relationship license suspended twice before the current case, once required to work eight hours per day and 40 hours per suspension of his license. and their clients’ vulnerable circumstances for on an interim basis in 2011 for failure to register and week; however, the court had a flexible-hours policy. the attorneys’ own sexual gratification. And then in 2016 upon notice that he had been convicted Wochna asked to be allowed to work from 7 a.m. to 3 In this case, Sarver met J.B. in 2012 when he in each case, we determined that an actual of two felonies. In 2017, the Relator filed a complaint p.m. daily, and he certified on his time cards that he represented her boyfriend on a legal matter. In 2015, suspension was the appropriate sanction for that included charges related to the conduct underlying worked those hours. But, an audit of all time cards J.B. contacted Sarver for his help in a criminal matter. their misconduct.”

12 | Columbus Bar Lawyers Quarterly Spring 2019 13 | Columbus Bar Lawyers Quarterly Spring 2019 Each of the cases noted below were presented to a panel of the Board of Professional Conduct and then reviewed by the Ohio Supreme Court.

Sciortino’s conviction in 2016, plus additional charges 5. Disciplinary Counsel v. Deters, Op. No. 2018- relating to a later indictment. Sciortino and other Ohio-5025, Decided Dec. 18, 2018. Discover the Difference county officials had been the subject of an Ohio Ethics LCNB National Bank’s Trust Department provides investment, Mark Alan Deters of Toledo was charged with multiple Commission complaint relating to the proposed wealth planning, and professional estate and trust services. purchase by the county of Oakhill Renaissance Center, a violations based on criminal convictions for driving former hospital owned by the Ohio Valley Mall Company while under the influence and violating a civil protective through a bankruptcy court sale. The Cafaro Company, order. In 2017, the Court issued an interim suspension a local developer, was the owner of Ohio Valley Mall. order pending the outcome of the ethics case. Deters 614-310-7200 | LCNB.com Cafaro was opposed to the sale of Oakhill because was also charged with violations relating to his failure it would lose its current tenant. Sciortino was later to appear in court on behalf of clients, failing to keep indicted on charges relating to his opposition to the his clients informed of developments in their cases Oakhill purchase, and he pled guilty to a fourth-degree and failing to refund the unearned portion of fees upon termination of the relationship. Relator added additional felony and two first-degree misdemeanors. He was Our experienced trust professionals are highly accessible sentenced to one year of community control and his charges based on Deters’s neglect of two appellate law license was placed on inactive status. Sciortino cases for clients and his failure to perform contracted and are committed to timely, face-to-face meetings. was later indicted on other charges relating to his time legal work for ten additional clients from whom he NOT FDIC Insured No LCNB National Bank Guarantee May Lose Value as County Auditor, including misuse of a government received $20,000 in fees. The Board recommended that Deters be suspended indefinitely and the Court accepted computer and theft in office. He agreed to plead guilty work for the husband and wife who retained him and 7. Disciplinary Counsel v. Pigott, Op. No. 2018- the recommendation. It found that Deters engaged to a fifth-degree felony and a first-degree misdemeanor. engaging in a sexual relationship with the wife while in a pattern of misconduct that resulted in numerous Ohio-5096, Decided Dec. 20, 2018. He was sentenced to two years of community control representing the couple. Based on stipulations of both violations of the professional conduct rules. The Court and other restrictions. fact and misconduct, the panel and the Board accepted Thomas Daniel Pigott of Toledo was charged with multiple said his failure to perform contracted legal work “caused the parties’ joint recommendation of a six-month violations including failure to enter into written contingent significant delay in the disposition of his clients’ legal The Board found that Sciortino’s convictions for having suspension, all stayed. The Court accepted the finding fee agreements, failure to obtain client approval to a matters, triggered issuance of arrest warrants for an unlawful interest in a public contract, soliciting or of misconduct but refused to accept the recommended settlement statement when he withdrew fees, failure to at least two of his clients, and led to the dismissal of receiving improper compensation and unlawful use of sanction. The Court reviewed Leon’s conduct. While promptly disburse fees to clients and misappropriating another client’s criminal appeal for lack of prosecution. a government computer constituted ethical violations. accepting a retainer from his clients, he failed to file the fees for personal use. The parties entered into Deters’s failure to refund unearned fees also deprived It recommended an indefinite suspension and other Chapter 7 bankruptcy that he was retained to file. As a stipulations of fact and misconduct, and they agreed on multiple clients of their funds for a substantial period conditions for his reinstatement, but also recommended result, the clients lost their home to foreclosure and one a recommended sanction of a six-month suspension. of time.” The Court suspended Deters indefinitely and that he be given credit for the time served under his of their cars was repossessed. He had a six-month affair The Court reviewed the facts in detail. It found that Pigott conditioned his reinstatement on compliance with his interim felony convictions. The Court accepted the with the wife, and when confronted by the husband, he was unable to work for about six months in 2012. At OLAP contract, certification from professionals that he recommendation of an indefinite suspension and other terminated the affair and withdrew from representation. that time, he represented two clients in contingent fee is capable of returning to the competent, ethical and conditions, but did not agree that Sciortino should However, it took about 18 months for Leon to refund the cases. One of the cases resulted in a settlement with professional practice of law and restitution of specific receive credit for time served. The Court noted that retainer to the clients. The Court found that Leon acted payments over time made to Pigott. The other resulted amounts to clients. Sciortino committed five criminal offenses while acting with a selfish motive, committed multiple violations, in a judgment for which Pigott received payments as County Auditor, and for those reasons it declined harmed financially vulnerable clients by not providing pursuant to a garnishment. Because of his distressed to give him any credit. Sciortino was indefinitely 6. Disciplinary Counsel v. Leon, Op. No. 2018- them with the protection of a bankruptcy and not financial condition, Pigott delayed making distributions suspended and further required to complete the terms Ohio-5090, Decided Dec. 20, 2018. promptly refunding their retainer and by having an to his clients and misappropriated money in excess of of his community control, submit proof that he regularly affair with the wife during his representation. The Court his earned fees. Relator started an investigation when the attended AA meetings and complete all requirements Robert James Leon, of Westerville, was charged with held that Leon would be suspended for a year, with six bank that had Pigott’s trust fund reported overdrafts on under his OLAP contract. multiple violations, including failing to deposit a retainer months stayed on the condition that he commit no the account. Pigott repaid all funds owed to the clients, in his trust account, failing to perform contracted legal further misconduct. and the two clients provided letters of recommendation in support of Pigott. The Court reviewed aggravating

14 | Columbus Bar Lawyers Quarterly Spring 2019 15 | Columbus Bar Lawyers Quarterly Spring 2019 and mitigating factors, including Pigott’s restitution to not have such insurance, complete additional CLE of to his misconduct. It recommended that Karp be texts to the Judge. Without informing the prosecutor the clients and his cooperation in the investigation, and 12 hours of criminal trial practice and six hours of law suspended for two years with 18 months stayed. Karp of the ex parte communication, the Judge lowered the accepted the parties’ recommendation of a six-month office management, engage in no further misconduct objected to the recommended sanction and claimed bond for Mendoza to $85,000. The second case was a suspension. and serve one year of monitored probation. the Board did not give sufficient weight to his mitigating traffic case in which the defendant, Mai Toe, represented evidence. The Court then reviewed the evidence and herself on charges of making an improper turn. The 8. Wood County Bar Assn. v. Driftmyer, Op. No. 9. Disciplinary Counsel v. Karp, Op. No. 2018- found that the aggravating factors, coupled with Karp’s prosecutor discovered an outstanding warrant for Ms. 2018-Ohio-5094, Decided Dec. 20, 2018. dishonesty during the disciplinary investigation, meant Toe, based on her failure to appear in an earlier traffic Ohio-5212, Decided Dec. 27, 2018. that some actual suspension was warranted. The Court case involving a charge of driving too slowly. Judge Sarah Ann Miller Driftmyer of Toledo was charged Daniel Harlan Karp of Cleveland was charged with suspended Karp for two years, with 18 months stayed, Salerno first found Ms. Toe guilty on the improper turn with multiple violations, including neglect of a client’s multiple ethics violations based on alleged neglect of conditioned on Karp entering into a contract with OLAP, case, but imposed no fines or penalties, and asked the criminal case, failure to notify the client that she did a client’s immigration matters, failure to keep his client providing quarterly reports from OLAP and treating prosecutor to dismiss the earlier charge of slow driving. not carry malpractice insurance, failure to deposit an reasonably informed of developments and failure to professionals that he is in compliance with all treatment The prosecutor resisted the Judge’s suggestion, and unearned fee in a client trust account, failure to retain maintain client funds separate from his own property. The recommendations and that he engage in no further the Judge then reversed her earlier decision of guilt on a copy of an executed fee agreement and failure to parties entered into stipulations of fact and misconduct misconduct. the improper turn case and found Ms. Toe not guilty. cooperate in the disciplinary investigation into the and jointly recommended a two-year suspension, fully The slow driving case was continued to another date, matter. After a hearing, a panel of the Board adopted stayed. After a hearing, a panel found misconduct but 10. Disciplinary Counsel v. Salerno, Op. No. but the prosecutor dismissed the case when the police the parties’ stipulations and recommended an agreed rejected the parties’ recommended sanction. Instead, it 2019-Ohio-435, Decided Feb. 12, 2019. officer failed to appear to testify. Judge Salerno testified sanction of a six-month suspension, all stayed. The recommended a two-year suspension with 18 months that she tried to resolve both of Ms. Toe’s traffic cases Judge Angela Salerno was elected to the Franklin County Board accepted the panel’s recommendation with the stayed. The Board agreed and recommended the by finding her guilty on one and asking the prosecutor to Municipal Court in 2005, and continues to serve on that additional sanction that Driftmyer submit to a one- suspension to the Court. dismiss the other. When that did not happen, the Judge year monitored probationary period. Court. Judge Salerno was publicly reprimanded by the became frustrated and reversed her decision on the Supreme Court in 2015 when she criticized jurors in a Karp represented Veronika Gadzheva, a Bulgarian improper turn case and found Ms. Toe not guilty. case pending before her for returning a not-guilty verdict. Driftmyer began working at the Lucas County Public ballroom dancer who came to the US in 2015 on an In this case, she was charged with violations of the Defender’s office as a student extern in law school, and O-1B visa filed by a New Jersey dance studio. Shortly The panel considered the evidence of aggravating Code of Judicial Conduct for her actions in two criminal then worked there on a full-time basis starting in 2014. after she arrived, Gadzheva received a job offer from factors (Judge Salerno’s prior discipline case and the cases. The parties stipulated to facts and Salerno agreed She also maintained a private practice. In 2014, she Patricia West, the owner of a California dance studio. multiple offenses in this case) and mitigating factors that she failed to act in a manner that upholds public began representing Ronald Doogs on criminal charges Gadzheva retained Karp to obtain a new I-129 visa (Judge Salerno’s full disclosure to the Board, cooperative confidence in the independence and impartiality of the that included rape. Following a jury trial, Doogs filed that would allow her to work for West in California. attitude and character witnesses). It recommended judiciary, failed to apply the law in a fair and impartial a grievance against Driftmyer and also requested From September 2015 to April 2016, Karp consistently a one-year suspension, fully stayed and the Board manner and engaged in ex parte communications. In the post-conviction relief based on the claim of ineffective and falsely represented to Gadzheva and West that he agreed. The Court accepted the recommended sanction Mendoza case, involving felony drug possession, Judge assistance of counsel. Driftmyer supported Doogs’ had filed the application for the I-129 visa. He finally and suspended Judge Salerno’s law license for one Salerno gave one of the defendants a $75,000 bond, petition for relief with an affidavit in which she admitted filed it in April 2016, but signed West’s name without year, fully stayed, required her to complete within the while the other defendant, Mendoza, received a $350,000 in detail that she did not adequately prepare for the jury indicating he had authority to do so. Later in April 2016, suspension period an additional six hours of CLE on bond. Mendoza’s attorney had text communication with trial in which Doogs was convicted. At hearing, Driftmyer Karp received a notice from US immigration authorities judicial ethics, specifically related to judicial demeanor Judge Salerno’s bailiff, who also admitted to not informing Doogs that she did requesting additional information and informing him and civility, and to engage in no further misconduct. forwarded not maintain malpractice insurance, that she did not that Gadzheva’s original visa had been revoked at the the deposit his retainer funds in a client trust account and request of her first employer, the New Jersey dance that she failed to respond to Relator’s questions about studio. In May 2016, Karp sent West the entire Gadzheva her trust account. The Court concluded that Driftmyer file and believed his representation had ended, even committed the misconduct as charged, including her though there was no communication to that effect. failure to provide adequate representation for Doogs Gadzheva retained new counsel to obtain her I-129 visa, Nelson E. Genshaft, Esq. and failure to maintain a client trust account. The which was successful, but Karp’s neglect put her future Strip Hoppers Leithart Court reviewed other cases involving neglect of legal in jeopardy because she now has a record of staying in McGrath & Terlecky Co., LPA matters where the respondent failed to cooperate in the US without a valid visa. [email protected] the disciplinary investigation. It accepted the Board’s recommended sanction of a six-month suspension, The Board reviewed aggravating factors (Karp paid fully stayed, with certain conditions. Driftmyer must some of his personal expenses from his client trust submit to a substance-abuse and mental health account) and mitigating circumstances (Karp refunded assessment by OLAP, establish and use a client trust the fees paid by Gadzheva). The Board accepted account, acquire malpractice insurance or put in place evidence that Karp suffered from hyperthyroidism and a system of documenting notice to clients that she does had a major depressive disorder, which contributed

16 | Columbus Bar Lawyers Quarterly Spring 2019 17 | Columbus Bar Lawyers Quarterly Spring 2019 The career path for foreign attorneys is grueling and there are substantial but reasonable barriers to entry, but the American Dream is achievable with some good fortune and willingness to put in the work and navigate the system Journey of an to establish your career in the U.S. and in Columbus in particular.

In my case, I was fortunate to be accepted in the LL.M. International (Master of Law) program offered by the Moritz School of Law at The Ohio State University. The low cost of living in Attorney in Columbus Ohio as well as the favorable tuition fees and scholarship offered here meant that I was able to complete my BY SHWETA CHAUBEY education at a fraction of the cost that I would have had to spend in the East Coast or the West Coast. As a In a world of remote work, telecommuting, The most commonly-used visa for such purpose is student at Moritz, when I set out to explore the options to outsourcing and automation, one of the few the student visa (F-1). In my case specifically, it began gather practical experience in the form of pro bono work, with coming to the U.S. on a dependent visa (H-4) after I was surprised to discover the range of opportunities professions that has remained relatively getting married to my husband, who was already in the available in Columbus. There are organizations serving What happens when less affected by these latest trends is the U.S. on a work permit visa (H1-B). a wide range of causes, with dedicated staff working to we work together? legal career. Locational flexibility remains make the society a better place. I had the opportunity to a challenge in the legal industry, and In order to qualify to take the bar exam of any state, volunteer at the Community Refugee and Immigration Central Ohio one needs to get their educational credentials certified Services of Ohio, a non-profit that assists refugees understandably so, given the heavily- by the appropriate credential evaluation services resettle and navigate their new lives in the U.S. Unlike is healthier. regulated and highly client- and jurisdiction- designated for such purpose of the state bar examiner, some of the economically-declining cities in other parts specific work that attorneys perform. e.g., the Supreme Court of Ohio. The purpose of this step of the country, Columbus is abuzz with new-economy is for the bar examiner to confirm that the candidate’s businesses that contribute to the local entrepreneurial I was confronted with the challenge of transplanting foreign education is equivalent to obtaining a J.D. from ecosystem. For instance, the Economic Community To assist your clients in fulfilling their charitable interest in my legal career from India to the U.S. a few years ago; a U.S. university. This step helps the examiner to ensure Development Institute, where I worked as a legal extern health and wellness through the CMA Foundation, please contact: having navigated the transition with modest success, I that foreign-educated attorneys are held to the same while completing my LL.M. program, offers loans to standards as U.S.-trained attorneys. The bar examiner Weldon E. Milbourne outline in this article the process and challenges facing small businesses, many of them owned by refugees and 614.240.7420 foreign lawyers in the U.S. and the opportunities that normally requires most foreign lawyers to undertake immigrants in the area, and offers many other resources [email protected] the Columbus area specifically offers foreign lawyers in further education in the U.S. before permitting them to help them grow their business. successfully making this transition. to take the bar exam. The level of additional education demanded varies widely by state. To qualify to take the One of the biggest professional hurdles faced by foreign professional development and networking. I actively Any aspiring attorney’s journey in the U.S. begins with bar in New York, I had to enroll in a master’s degree in lawyers is their lack of U.S.-based experience. While pursued these opportunities offered by the Moritz obtaining the necessary visa to emigrate to the U.S. law in order to gather additional educational credits. one does get credit for their international work, U.S.- School of Law, the Columbus Bar Association, the legally, and the options to accomplish this step are This is where being in Columbus was a blessing. based employers understandably wish to see domestic Asian Pacific-American Bar Association of Central Ohio many, depending on one’s personal circumstances. experience on a résumé. Once again, being in the and others to develop my skills and contacts in the Columbus area helped immensely, given the wide range community. Along the way, I found several mentors and of employers across various industries in the area and friends, who have been there to guide me through every the diverse variety of law firms that have emerged to step of my professional journey in Columbus. serve these clients. Columbus strikes the right balance in terms of a wide range of employers as well as a strong The most important prerequisite to launch one’s pool of candidates from the local universities. legal career is, of course, to pass the bar exam. Once I completed my educational requisites and was finally Additionally, there are several legal organizations that ready to prepare for the exam, the network of relationships offer both professionals and students opportunities for and connections with my alma mater offered me plenty

18 | Columbus Bar Lawyers Quarterly Spring 2019 19 | Columbus Bar Lawyers Quarterly Spring 2019 Legal forms library, DENTAL PLANS VISION PLANS Legal forms library,  Choose any dentist (save $ with network  Exam, frames and lenses once Build legal forms in dentists) per year CBA PLANS BROUGHT TO YOU BY:  Plan allowances set at the  $10 exam and $10 lens copay Health Enrollment greater of network fee or 90th in network automated Management Agency percentile of UCR  $130 frame or contacts John Susie, CLU  $1000 or $1,500 annual maximum allowance ($180 at minutes [email protected] benefit Visionworks) 4151 Executive Parkway #210  No employer contribution required Save time Introducing Central Ohio Docs, Westerville, Ohio 43081  Only 2 employees required 614-890-7373 ext 129 powered by the Columbus Bar Association  3 cleanings and exams per year Save money  Implants covered Quickly generate multiple forms at once simply  Orthodontics optional at group level Improve your by answering questions about your case and accuracy client. Exclusive to Columbus Bar members, Central Ohio Docs is fast, easy to use and available from any device with an internet connection. All forms have been of resources and support to prepare for the bar exam. as the chair of the International Law Committee of provided by subject matter experts throughout central Ohio— The LL.M. program’s staff at Moritz is particularly the CBA and the president-elect of the Asian Pacific- with local courts in mind. supportive in offering students the resources to prepare American Bar Association of Central Ohio, which makes for the bar exam. Foreign attorneys must keep in mind this journey come full circle for me. This shows how Central Ohio Docs is available to CBA members for a monthly that they may be able to pursue employment these organizations have embraced me and opportunities in law even before passing have given me a chance to reciprocate cost of $20 per practice area, or $199 annually. Currently, the bar; however, there are limitations the opportunities they offered me. I domestic relations, real estate, and fee agreement forms are on the nature of responsibilities personally believe it is incumbent available. Additional practice areas are being added regularly. they can handle for their clients. upon us during this journey to give back to the community that Upon passing the bar and we call our new home. save time save money improve accuracy acquiring local experience, saveLegal time forms created save money by local subjectimprove matter accuracyexperts: a foreign attorney’s career My journey has been nothing path finds a firmer footing. short of a rollercoaster ride, In fact, at this point in their but it has been the experience • Decree of Dissolution Domestic Law Forms • Joint Motion for Referral to Private Judge Real Estate Forms career, foreign attorneys of a lifetime and no matter • 591 Notice • Motion and (Counter) Affidavit for Temporary Orders • Deed Stop• Acknowledgment wasting Waiver and Consent time• Motion and drafting(Counter) Affidavit for Temporary Ordersdocuments. - Franklin County • Land Installment Contract could advertise what was where I am at the turn of the next Stop• Affidavit of Health wasting Insurance time• Motion for Beneficialdrafting Use documents.• Lease Agreement formerly their disadvantage— decade, I will always look back • Affidavit of Health Insurance - Franklin County • Motion for GAL • Promissory Note With• Affidavit Central of Income -Ohio Franklin CountyDocs, you can •quickly Petition for generate Dissolution multiple forms at once • simplyPurchase Contractby answering their foreign experience—as a at those moments with immense With• Affidavit Central of Income Ohioand Expenses Docs, you can •quickly Private Judge generate Contract multiple forms at once • simplyResidential by Property answering Disclosure Form questions• Affidavit of Income about and Expenses your - Franklincase County and client.• Process Exclusive Server Order to CBA members, Central• OhioSeller’s DocsAffidavit is fast, easy unique differentiator to employers. fondness and gratitude. questions• Affidavit of Parenting about Proceeding your case and client.• Quitclaim Exclusive Deed to CBA members, Central• OhioSurvivorship Docs Affidavit is fast, easy to• Affidavituse and of Parenting available Proceeding -from Franklin Countyany device• Required with Notice an of internetPreviously Filed connection. Case All forms• haveTransfer ofbeen Death Affidavit provided by to• Affidavituse and of Property available from any device• Separation with Agreement an internet connection. All forms have been provided by The career path for foreign attorneys is subject• Affidavit ofmatter Property - Franklin experts County throughout• centralShared Parenting Ohio—with Decree local courts in mind.Fee The Agreements complete Central • Agreed Entry and Order of Referral • Shared Parenting Plan subject matter experts throughout central Ohio—with local courts in mind.• TheFee Agreement: complete Contingent Central or Hourly grueling and there are substantial but reasonable • Child Support Deviation Entry • Standard Mutual Temporary Restraining Order Ohio Docs library is available for a low monthly or annual fee. See reverse • forFee list Agreement: of availableBankruptcy forms. barriers to entry, but the American Dream is achievable Ohio• Complaint Docs for Divorce library is available for a• lowWaiver monthly of Service or annual fee. See reverse for list of available forms. • Confidential Disclosure with some good fortune and willingness to put in the Shweta Chaubey, Esq. work and navigate the system to establish your career Brennan Manna & Diamond LLC in the U.S. and in Columbus in particular. I now serve [email protected] www.cbalaw.org/centralohiodocs Get started: 20 | Columbus Bar Lawyers Quarterly Spring 2019 cbalaw.org/CentralOhioDocs Overall corporate culture can and will improve where there is an understanding from the top down that flexibility, Alternative inclusiveness and lower stress levels are valued. and will improve. In return for providing this Work Arrangements flexibility, law firms are likely to attract top talent, enjoy lower turnover, find their attorneys to be more efficient and productive and receive fewer Work for Law Firms, Too requests for sick days and vacation days. Empowering Growth Helping clients overcome challenging BY LAUREN RUBIN Law firms concerned that alternative work arrangements situations and getting back to what matters. will negatively impact their bottom line need not worry. Profitability actually can be increased. For example, As the trend of sharing economies continues to grow, many industry players attorneys can be called on to work only when needed and outside of Uber, Lyft and Airbnb are considering how they can incorporate these concepts. paid only for the hours they work—making the attorney’s work almost pure profit. Some attorneys may not expect Law firms should be among them. “Attorney sharing” practices, more commonly known in benefits if they seek a reduction of hours. These attorneys the legal world as alternative work arrangements, have long existed. likely can share—or may not even need—administrative assistants. Furthermore, attorneys that work remotely But traditional law firms have been reticent to fully The wide ranging benefits for law firms may not need, or can share, an office—allowing the firm embrace these models and, in turn, are missing out on of alternative work arrangements. to relocate to a smaller, less expensive office space. the tremendous value alternative work arrangements Law firms also will stand out to clients who have placed Rebekah Smith Keith Hock Of the many industries that have incorporated sharing CPA, CFF, CVA, MAFF CPA, CFF, MAFF, CVA can provide. Law firms willing to depart from traditional a premium on law firms that embrace inclusivity and Director of Forensic & Director of Forensic & economies, law firms are uniquely situated to take Dispute Advisory Services Dispute Advisory Services law firm structures have the potential to gain extensive diversity. In effect, alternative work arrangements can [email protected] [email protected] advantage of the benefits these arrangements provide. advantages, from attracting top talent and reducing greatly reduce overhead and result in significant cost With the ever-expanding reach of technology, there is Commercial & Economic Damages Fraud Investigations attorney turnover to increasing productivity and savings to the firm while increasing attorney happiness virtually no need for an attorney to be in the office to Construction Disputes Intellectual Property Disputes improving profitability. Law firms should consider and productivity and even attracting more clients—a win- Family Law IT Forensics complete most of their day-to-day work. Utilizing remote adopting alternative work arrangements as a competitive win for everyone involved. Forensic Accounting Valuation Related Disputes access software and document management systems, business strategy necessary to stay current. law firms can allow their attorneys to work on their own Columbus | Cincinnati | www.gbqconsulting.com schedules from anywhere. Overall corporate culture can Issues to consider prior to implementing alternative work arrangements. • How will the firm handle any discontent from other Prior to implementing alternative work arrangements, colleagues who are not working under alternative law firms should consider long-term issues that can arrangements? arise from alternative work arrangements, such as: • Does the firm have sufficient security and technology measures in place to allow for work outside of the • Does the firm have attorneys capable of participating office? in an alternative work arrangement effectively? • Will the alternative work arrangement require the • Will the lawyer be engaged as an employee or attorney to reduce their level of responsibility? Can independent contractor? the firm accept the reduced responsibility? Can the • If the lawyer is engaged as an independent attorney? contractor, may they undertake work for other firms? • How will the firm communicate alternative work Is an anti-solicitation clause needed? arrangements to clients, if at all? • How will the attorney be compensated? Will the • Will the attorney need a back-up or team member package include bonuses and benefits? who can handle client emergencies?

22 | Columbus Bar Lawyers Quarterly Spring 2019 23 | Columbus Bar Lawyers Quarterly Spring 2019 Alternative work arrangement models to take advantage of them. Firm leaders should take that work. active steps to create a firm culture of flexibility and inclusiveness—others will soon follow suit. CBS AGENCY, INC. The best alternative work arrangements will be open- ended, implemented on a case-by-case basis and Firms should carefully consider which attorneys are will allow the firm and the attorney to modify the permitted to work an alternative schedule, as they arrangement on an as-needed basis. Beginning with are not appropriate for all positions or lawyers. Firms some basic guidelines will help set the stage for long- should look for attorneys who have demonstrated their term success. independence, self-motivation and successful time Protect management. A reduced-hours arrangement is the most common and easiest to implement. As all lawyers know, work can your practice. Clear expectations should be set by both parties and ebb and flow and a reduced monthly or annual billable agreed to in writing. Considerations to be addressed are: expectation is best suited to account for this variation. • What are the hours and days expectations? You’ve worked hard to build your law practice. A fixed starting and ending time or a set number of • How will it be handled if the hours and days reduced days per week can be implemented as well, Protect it with professional liability insurance, expectations are not met or are exceeded? but can be more difficult in practice. Another option is • Should a “core hours” expectation be implemented, available through the Columbus Bar Association. to employ the attorney on a project-by-project basis. requiring physical presence in the office during peak However, the firm might need to allow the attorney to Coverage available for solo attorneys to large firms. periods, such as in anticipation of closings and take projects from other firms, thereby running the risk preparing for trials? that the attorney is not available at a later date when • Is the attorney expected to be available outside of needed. the agreed-to hours? • How will successful performance of the lawyer be Alternative work arrangements also include remote measured? work. To implement a remote working arrangement • What is the career advancement expectation for successfully, the firm and the attorney must be the attorney taking advantage of an alternative Coverage attorneys trust technically savvy. While most firms already have work arrangement? Is the attorney open to being a remote access software, such as Citrix, in place, having CBS Agency, Inc. offers lawyer professional permanent associate or of counsel to the firm? such software is a key ingredient. Security is also a liability coverage from three of the most critical consideration and the firm should, among other trusted and experienced insurance carriers in things, consider providing the attorney with firm-issued An alternative working arrangement the industry—Medmarc, CNA and OBLIC—all hardware that the firm can remote access to wipe in the policy may be necessary. OPTIONS COMPETITIVE EXPERIENCE of which are rated A (Excellent) by A.M. Best. event that the hardware is lost or stolen. The practice of law is changing. Those firms that embrace Coverage for 1-100 RATES Proven and proactive attorneys, full-time claims-handling and change, including alternative work arrangements, will Deductible options Contact us today to compare rates and options. or part-time as low as $1,000 financial stability Compensation on an hourly basis is recommended. thrive. Those that refuse to adapt and continue to employ Hourly compensation can also increase the firm’s overall a hard and fixed traditional culture may miss out on the profitability and reduce “face-time” expectations. If competitive advantages that the sharing economy and paying an attorney on an hourly basis is administratively alternative work arrangements provide. difficult, a salaried arrangement can be implemented, Apply: but the firm and attorney should agree in advance to the number of billable hours expected and a procedure to handle instances where billable hours expectations are Download the application online not met or are exceeded. CYBERCARE® PRACTICE CONSENT TO at www.cbalaw.org/LPL $25,000 of cyber risk GUARD® SETTLE How to implement an alternative working protection included Keep your firm running No “hammer arrangement. with your coverage in the event of an clause” if you Questions? Contact us at attorney’s accidental choose to settle (614) 340-2029 or [email protected] Once a firm has decided to allow for alternative working Lauren P. Rubin, Esq. death or disability arrangements, the firm should communicate the Zeiger, Tigges & Little LLP availability of these programs and encourage attorneys [email protected] CBS Agency, Inc. is a subsidiary of the Columbus Bar Association 24 | Columbus Bar Lawyers Quarterly Spring 2019 Website: www.cbalaw.org/LPL • Phone: (614) 340-2029 • Fax: (614) 340-2080 • Email: [email protected] Points of Practice Remember, mediation is about compromise on both sides. This means that plaintiffs accept less Practical Tips money than they want, and defendants pay more for a Successful Mediation money than they want.

by ROBERT D. ERNEY • Future lost earnings. If your client has a permanent injury that will prevent them from working, hire an TRUST & ESTATE Mediation has become a very important video trial depositions of your economist to prepare a report about future lost ADMINISTRATION wages. Include the report with your mediation means of alternative dispute resolution. treating physicians to take place one or two weeks after the mediation date. If the case position statement. INVESTMENT Over the past several years, it has become settles at the mediation you will have time to cancel • Properly calculate your Robinson number. Make MANAGEMENT the primary method of settling cases with these depositions without incurring any cancellation sure it includes liens, outstanding bills, out-of- both plaintiffs and defendants. Mediation fees. pocket expenses and bills paid by your client. Add to has become a part of the litigation process in • Medicare / Medicaid liens. Request the Conditional your past Robinson number of future medical care and treatment and future lost income, if applicable. virtually all civil cases. Payment Letter from Medicare and an Interim Lien that can be Final from Medicaid in a timely fashion • Be realistic. Make a realistic demand. Remember so they are available at the mediation. caps on non-economic damages are $250,000, PARK Mediators are highly skilled and specifically trained in communicating, listening and persuading parties, • Mediation Position Statement. Prepare a great up to a maximum of $350,000. Evaluate your case NATIONAL BANK counsel and insurance representatives to compromise mediation position statement. Focus on both fairly, reasonably and rationally. TRUST & INVESTMENT SERVICES positions in order to achieve a global settlement. Proper economic and non-economic damages. Provide • Work with the mediator during negotiations. Do not preparation for the mediation is crucial to its success. medical illustrations and photographs depicting take unrealistic positions. Realize that the mediator Personal service and injuries and damages. Consider using video evidence The following includes practical tips for plaintiffs and is working to help you achieve a better result than to demonstrate restrictions and limitations. flexibility from people defendants preparing for mediation. you would most likely receive from a jury at trial. Be • Permanent Injury. If your client has a permanent honest with the mediator regarding your financial you can count on. goals. Trust the mediator’s instincts. From the Plaintiff’s Perspective injury, be sure to include a medical report with your mediation position statement. The medical • Prepare your client for the mediation. Explain You can reach us at 614.228.0063. • Timing of mediation. The timing for the mediation report should address causation, permanency and about current and past jury verdicts and arrive at is critical. It is best to mediate two to three months future medical care and treatment. This will give a range of value with your client. Inform your client Investments are not FDIC insured, not bank guaranteed, and may lose value. before the trial date. That is when you have the most you the ability to argue future pain, restrictions and leverage. limitations. • Obtain initial discovery. Obtain paper discovery and the depositions of the parties prior to scheduling the mediation in order to permit all parties to be best prepared for the mediation. • Keep your trial date. You have a better chance of achieving a settlement at the mediation if a trial date is looming. • Control your expenses. Keep your expenses as low as possible prior to the mediation. Schedule the

26 | Columbus Bar Lawyers Quarterly Spring 2019 27 | Columbus Bar Lawyers Quarterly Spring 2019 about the cost of trying the case. Keep your client’s From the Defendant’s Perspective expectations low. If the mediation produces a better Paralegal Pointers result than your range of value, your client will be Certainly, the practical tips stated above apply to the more likely to accept it and feel satisfied. defense, as well. In addition, defense counsel should consider the following: • Subrogation. Communicate with counsel for the subrogated carriers prior to the mediation. Ask • Have your decision maker present in person at the The Paralegal counsel for the subrogated carriers to attend the mediation. The chances of achieving a settlement mediation or at least be available by phone. Tell are significantly increased if the adjuster or decision counsel for the subrogated carriers about your maker is present at the mediation as opposed to being available by telephone. Profession: liability or causation concerns. If there is a defense medical exam report, send it to counsel for the • Communicate with opposing counsel prior to the subrogated carrier prior to the mediation and tell mediation. Communicate with opposing counsel counsel that you will need a significant reduction in prior to the mediation regarding all economic Past, Present and Future the lien in order to settle the case. damages, subrogation liens, outstanding bills, other • Make use of the pro rata subrogation statute. Send debts and payments made by the plaintiff. Make BY GARTH W. ROWBOTHAM it to counsel for the subrogated carrier in advance of sure all parties have the same economic damages the mediation. Argue it. It is powerful. so you can properly evaluate the case and there will automation, work flow management Kathy McGranahan in 2009) wanted be no surprises at the mediation. Compared to the historical • Communicate effectively. Communicate with time frame of the Columbus and what they called at that time to enable legal assistants to perform counsel for the subrogated carriers during the • Carefully consider all non-economic damages in “legal assistants”.i substantive legal work under mediation. Once you have the final settlement offer, your evaluation. The Robinson v. Bates medical Bar Association, or the legal attorney supervision. He brought call counsel for the subrogated carriers from the bills are only one factor in evaluating the case. In profession as a whole, the The American Bar Association Capital University Law School and the mediation and if possible negotiate reductions at many cases, the non – economic damages are the concept of what a paralegal recognized the concept of legal Columbus Bar Association together that time. Make use of all of the defense arguments primary value drivers. assistants in 1968 and established a to form the first paralegal education is today has existed for a program and bar association on liability and causation. This is important because • Come to the mediation with a range of value as committee on legal assistants, later much shorter period of time. collaborative venture in the U.S. The most clients want to know their “walk away” number opposed to an inflexible number. Evaluating a case naming it the Standing Committee concept of paralegal utilization would before they will consent to the final settlement offer is not an exact science. It is necessary to place a In the 1960s, the federal on Legal Assistants. Due to ever– be instrumental in allowing attorneys at the mediation. range of value for settlement purposes on cases government created the Legal increasing specialization, education to concentrate more on tasks • Settlement agreement. Ask for a written agreement due to the variables each case presents. and complexity of the non-attorney Services Corporation, to fund that only an attorney can perform, setting forth all of the terms of the settlement from position, the ABA adopted the • Be sure to include all expert reports with your thereby achieving cost reduction and the mediator upon conclusion of the mediation. low cost legal services and term “paralegal” in place of “legal mediation position statement regarding liability clinics to the indigent. assistant” in 2003.ii increasing productivity.iii • Timing of settlement check. Make sure the written and damages. Powerful expert reports will cause agreement addresses court costs and when you plaintiffs to re-evaluate their settlement positions. Consequently, attorneys and bar In central Ohio, paralegal education Though we are saddened by Hon. can expect to receive the settlement check. had its beginnings in 1972, when Hon. John W. McCormac’s recent passing, By following these practical tips, the vast majority of associations endeavored to lower the John W. McCormac (pictured above, this former 10th District appellate cases in litigation should settle at mediation. Remember, cost of legal services by increasing presenting an award to paralegal judge and WWII Navy veteran has left mediation is about compromise on both sides. This efficiency through the use of means that plaintiffs accept less money than they want, and defendants pay more money than they want. Generally, it is in the best interests of both parties to avoid the risks and costs associated with a jury trial.

Rob Erney, Esq. Robert D. Erney & Associates Co., LPA [email protected]

28 | Columbus Bar Lawyers Quarterly Spring 2019 29 | Columbus Bar Lawyers Quarterly Spring 2019 Individuals and academicians must be aware, however, of the inevitable technological disruption that is occurring in the legal field and virtually every occupation.

“Robotics and AI, according to many studies, are going to wipe out half of the jobs in America in 15 years,” says Ric Edleman, chairman of Edelman Financial Services, at the Digital Asset Strategies Summit in Dallas.vi In central Ohio, paralegal education had its beginnings in 1972, when According to MIT’s Technology Review, “lawyer–bots” Hon. John W. McCormac wanted to enable legal assistants to perform are moving into the legal field. The publication estimates substantive legal work under attorney supervision. He brought Capital that “22 percent of a lawyer’s job and 35 percent of a law clerk’s job can be automated.”vii They also noted that JP University Law School and the Columbus Bar Association together to form the first Morgan is using software, called Contract Intelligence, paralegal education program and bar association collaborative venture in the U.S. that can perform document review tasks in seconds; comparatively, it would take legal aids 360,000 hours to review those same documents. It is also noted in this publication that Harvard’s CaseLaw Access Project a lasting legacy on the legal community. While there are The licensure of paralegals has been a controversial wants to “digitize the entire historical record of U.S. several accredited paralegal institutions in Central Ohio, subject for several years; however, in 2015, the State court opinions; and make that data available for legal the Capital University Law School and Columbus State of Washington began allowing non-lawyers that are algorithms to read and train on.” Community College paralegal programs are the only Limited Licensed Legal Technicians, or LLLTs, to provide two ABA-approved paralegal schools in the Columbus clients with legal advice on completing forms in limited Despite the disruption by artificial intelligence to the legal metropolitan area. areas, such as family law. The Washington State establishment, paralegals, students and their learning Bar Association is even promoting the LLLT institutions should be proactive by adapting and working Soon after, in 1973, six paralegals got concept on their website. Obtaining an alongside this technology as we did with Lexis Nexis, together to form the Legal Assistants of LLLT in Washington requires individuals Summation, PracticePanther and other law practice Central Ohio, which was later renamed to obtain at least 3,000 hours of work software. After all, do legal professionals really miss the the Paralegal Association of Central experience under an attorney, as well whiteout and typewriter? Ohio, growing to 272 voting members in as complete a specified curriculum at 2008. In 1979, a business relationship an ABA-approved college and secure i See Therese A. Cannon & Sybil Taylor Aytch, Ethics and Professional Responsibility for Paralegals (2018). between LACO and the CBA was financial responsibility for liability. ii Id. iii See Nell Chambers, “The Honorable John W. McCormac Award”, http://www. Garth W. Rowbotham formed, and remains to this day. This pacoparalegals.org/johnwmccormac.html. iv “Who Says You Need a Law Degree to Practice Law”, Washington Post, March 13, [email protected] partnership focuses on seminar lunches, There are other states, such as California, 2015 - (opinion) by Robert Ambrogi. https://www.washingtonpost.com/opinions/ committees and Continuing Legal Education Oregon, Colorado and New Mexico, that may closing-the-justice-gap/2015/03/13/a5f576c8-c754-11e4-aa1a-86135599fb0f_ story.html courses. PACO also became a voting member follow suit. It appears that the major reason v See U.S. Department of Labor, Occupational Outlook Handbook, Paralegals and Legal Assistants, https://www.bls.gov/ooh/legal/paralegals-and-legal-assistants.htm. of the National Federation of Paralegal Associations, or for these states considering LLLTs is to allow access to vi Christopher Robbins, “Retirement Won’t Exist in the 21st Century”, https://www.fa- NFPA, in 1979, which later gave paralegals an opportunity justice for low income individuals filing civil cases.iv The mag.com/news/edelman--advisors-must-adapt-to-how-longevity--technology- change-clients--goals-41468.html. to obtain certification through NFPA’s certification exams. Ohio State Bar Association has not been eager to license vii Erin Winick, “Lawyer-Bots Are Shaking Up Jobs”, https://www.technologyreview. paralegals, but offers their own voluntary credentialing of com/s/609556/lawyer-bots-are-shaking-up-jobs/. Today, PACO maintains national visibility, in that PACO’s paralegals in the State of Ohio, designated by the term former President Mindi Schaefer holds the NFPA “OSBA Certified Paralegal.” Many paralegals in Ohio have Board position of director of profession development. obtained this designation, and are also OSBA members. Additionally, PACO’s current president, Teresa Scharf, along with the Legal Aid Society of Columbus, formed the What does the future hold for the paralegal profession nationally recognized PACO/LASC pro bono wills clinic for concerning employment? On the positive side, national low-income seniors which utilizes local paralegals and paralegal employment is projected to grow 15 percent attorneys. This program has also been the blueprint for from 2016–2026 (from 285,600 to 327,400), which is a wills clinics at other paralegal associations throughout much higher increase than the average for all occupations. the United States. The national median paralegal salary is $50,410 per year.v

30 | Columbus Bar Lawyers Quarterly Spring 2019 31 | Columbus Bar Lawyers Quarterly Spring 2019 Columbus Bar Foundation Bar Happenings and Association Gala 2019 Bar Happenings February Committees & Cocktails What’s Next @ the Bar? For a complete list of events, CLE programs and meetings, visit www.cbalaw.org.

SPRING 2019

Rock ‘n Bowl april Free Webinar for CBA Members: Microsoft Office 365 for Lawyers • 2-3pm Microsoft offers a compelling combination of local software, document/email management and cloud services called Office 365. Explore the benefits of Office 365. Learn how it works, what it does best, and the different packages available. Register at www.cbalaw.org. 4 More free webinars: April 18 (2-3pm), May 2 (2-3pm), May 16 (2-3pm), May 30 (2-3pm)

april Master Class in Law and History: McKinley • 9:00am-12:15pm Known as the first “modern” president, William McKinley was assassinated 6 months into his second term. This program, part of a continuing series featuring Ohio Presidents of note,150 is 1869-2019 instructed by scholars steeped in historic knowledge who will explain why this presidency has yeaCOLUMBUSrs BAR 12 lasting relevance today. We’ll have artifacts from the time period on display. 3.0 CLE Hours.ASSOCIATION

april Committees & Cocktails (150th Anniversary Edition) • 5-7pm @ the CBA EE and As usual, this monthly event is free and we will provide beer, wine, soft drinks and snacks. COCKTA LS Plus, in celebration of our 150th anniversary, we’ll have some games, surprises and prizes- ANNIVERSARY EDITION Young Lawyers and a little bit of fun info about the history of the CBA. RSVP to [email protected]. 1869 2019 Committee 17 More Committees & Cocktails: May 15 (5-7pm), June 19 (5-7pm). 150 Meeting may Bankruptcy Law Institute • 9.5 CLE Hours (1.0 Prof. Conduct) Sponsored by Allodial Title, Kegler Brown Hill + Ritter, and Isaac Wiles Great Scott! Join us for the 2019 “Back to the Future” themed Bankruptcy Law Institute! Where else can you hear 3 federal judges help us think fourth dimensionally about the 2-3 past, present, and future of bankruptcy law? You won’t need a time traveling DeLorean to get up to speed on taxes, technology, and the missing element in Chapter 13 plans. Movie Screening of “On the Basis of Sex” may Probate Law Institute • 6.5 CLE Hours (1.5 Prof. Conduct) at The Drexel Sponsored by CBS Agency, Inc., Everything But the House, and Reminger Taught by leaders in the field, topics include a Legislative Update, Transactions in Probate, Medical Necessaries Claims Against a Surviving Spouse, Ethics of Cross-Border Lawyering, 15 Elderly Abuse Reporting Requirements, and a Diminished Capacity Case-Study. may Leadership & Professional Effectiveness: Achieving Excellence Learn how to improve professional effectiveness in client relationships and work management skills. This program is a powerful, engaging, action-provoking workshop that Young Lawyers will improve your professional and personal well-being. 2.5 CLE Hours. Axe Throwing 30 at Dueling Axes june 2019 CBA/CBF Annual Meeting and Luncheon You are cordially invited to attend the 2019 Columbus Bar Annual Meeting on Thursday, June 13 at noon at the Sheraton Columbus Hotel at Capitol Square. Magistrate Amy Koorn will be sworn in as CBA President for 2019-20, and Michael K. Gire will be sworn in as CBF Real Property Law Institute 13 President for 2019-20. The Annual Meeting will include a video history of the Columbus Bar in honor of our 150th anniversary.

32 | Columbus Bar Lawyers Quarterly Spring 2019 33 | Columbus Bar Lawyers Quarterly Spring 2019 We forget that the legal right to privacy, and even the Spring ‘19: 150th Anniversary concept of privacy itself, was created relatively recently.i Probably just about the time the Columbus Bar Association was coming into being approximately 150 years ago, the idea of privacy and the law to back it up was beginning to PRIVACY: take shape. This move to private time and private space was a How Has the Concept Changed radical change from the way in which people had existed for centuries. In most cases, families lived in one room During the Last 150 Years? or houses without indoor walls, sometimes with their farm animals and often everyone slept in the same bed, BY jaNYCE C. KATZ including house guests.

Even royalty performed what we think of as totally private, A Culture of The real question may be: do we still I ask you, why, without my permission or knowledge, personal activities in front of people. For example, Marie Accountability. have “privacy” in 2019? should someone get to access any part of my private life, Antoinette reported to her mother, the Empress Maria e.g. the contents of my refrigerator at a given moment, Theresia, soon after her arrival at Versailles in 1770, that WE I ask because our new, smart washing in order to better advertise to me what I should, no, must she put on her rouge and washed her hands before an machine could be connected to our WiFi. buy? Or worse, those to whom the information about my audience of courtiers when her chamber was opened at OWN refrigerator’s contents is known might try to condition me midday. She gave birth to her first child in 1778 before the . I could click an app to start a wash when to purchase something else I might not even really need, extended royal family plus those who enjoyed particular IT like a constantly-flowing stream of dark chocolate candy. I am not home. But, with that click, this honors at court, as well as her medical team and the King. 250 W. Old Wilson Bridge Road Her every menstrual period was widely reported, because Suite 250 • Worthington, OH 43085 same machine could also give away family Twenty years ago, if I went to the library, no one could get (614) 540-6633 • www.cecinc.com it meant that she was not producing an heir to the throne the record of what books I had taken to read, unless, of secrets about the type of underwear being that month. Finally, at the end, she lost her head in front course, I had forgotten to return them on time and then I washed. Who knows what other secrets of a crowd of jeering commoners. Not much private in her can be seen as protecting freedom of conscious, privacy would hear from the library. Even purchasing a book or a life from birth to death. And, her lack of privacy throughout in the home by blocking forced acceptance of soldiers that device could pick up and sell to an dress using a credit card was relatively private, unless the her life was not unique. as guests, protection of papers, homes and person card records were subpoenaed. ever-increasing market! from unwarranted searches and protection of accused Certainly, the idea that life should be protected and home is individuals who gained a right to not be forced to give In the kitchen, our refrigerator could be programed Now, order a book on Amazon and note how the a sacred place, a castle, so to speak, that is protected and incriminating testimony. to tell me what food in it needs to be replaced. But, I algorithm finds other books it is sure you would like to private, can be traced back to English Common Law. In the am resisting this. What if I don’t want more milk, the also purchase. Or, if you click on shoes or hotels, see how late 18th century United States, some privacy provisions We can credit the increased interest in a right to privacy in refrigerator decides I should buy it, orders it and it many times pictures of the same or similar shoes or the were written into the United States Constitution. The First, part due to the rise of the middle class in the 19th century, shows up at my house? Who pays? Certainly not the hotels keep popping up while you are trying to look for Third, Fourth and Fifth Amendments to the Constitution as well as to a variety of improvements in life brought on refrigerator. What if this refrigerator would also send something else. Allegedly, Santa knows what you are information about what food I am buying to someone doing all the time, but, so does the Internet. And, all of who uses it to better understand my behavior and then this information is being sold without our knowledge to sells it to someone else for purposes unknown? buyers who will use it in ways we don’t know about and don’t understand. For legal issues, the Supreme Court has said we need a warrant to get our private information. But, nothing protects us from a private company that wants to collect it and sell it for some reason – to manipulate us to buy something or to find out what kind of advertisement will make us vote for or against someone, or something worse?

34 | Columbus Bar Lawyers Quarterly Spring 2019 35 | Columbus Bar Lawyers Quarterly Spring 2019 by industrialism. More people rose above subsistence Perhaps the most influential force in the creation of living. They had residences with walls separating areas a legal right of privacy in the U.S. was Samuel Warren allowing people to sleep or dress without observation, and Louis Brandeis’ 1890 Harvard Law Review,iv which The question remains, will we become totally controlled and they could afford beds for each of their bedrooms. began by recognizing a fundamental principle that by those who know all our information, or will we be a A majority of these people were literate, were sending “the individual shall have full protection in person and letters or telegraphs and were concerned about who, in property.” Warren and Brandeis drew on threads of nation that continues to be a beacon unto the world, a democracy besides the intended recipient, might be reading them.ii past jurisprudence, constructing a legal concept of Rural and urban life and value coexisted uneasily. Values personality out of property doctrine, tort law, copyright with equal rights and opportunities and justice for all with some of stability and family were being challenged law and damage principles. Warren and by new processes, including newspapers, Brandeis suggested that privacy protection over our personal information and private identities? especially of the “yellow journalism” evolved over time, reflected the variety, many of which were social environment in which comparable to the worst of our people lived and was culturally The Court continued to broaden the privacy right. It held At the same time, Internet and social media use was current supermarket gossipy based. They drew a line the right to privacy was sufficiently broad enough to expanding. We became more connected to the Internet weekly magazines. Some of between information shared encompass a woman’s decision to carry or terminate around 2000. The Apple iPhone from 2007 became this change disturbed what between close friends/ a pregnancy.ix A “zone of privacy” can be protected and an indispensable permanent fixture in our lives. At the had been the normal family/ family and that available for respected in instances when data is collected and used same time, Google was collecting and digitizing all the small circle relationships, general public knowledge. for public purposes if there is “a concomitant statutory books that ever existed. And, my washing machine, adding unwanted public They thought that in the or regulatory duty to avoid unwarranted disclosures” refrigerator and telephone were becoming “smart” like attention to the normal increasingly complex world evidencing a proper concern with, and protection of, the my phone, instead of just tools way more advanced than realm of life. in which they lived, both individual’s interest in privacy.”x the old ways, like pounding laundry on rocks, sending solitude and privacy were messages by barefoot mailmen or pigeons or burying Possibly a reason why interest essential to the well-being of By the 1990s, privacy seemed to be rooted in an food underground to preserve it. in privacy expanded during the the individual and of the culture. individual’s search for a means to protect their information mid-to-late 19th century was and thereby have more control over what happens in their This dream of device as labor reducer is quite catchy. a desire to protect the house and While there had been some privacy- life, more space to “exercise autonomous control over Part of me thinks that if the washing machine would family from prying eyes and the wife oriented litigation before this article,v personality.”xi The Children’s Online Privacy Protection move the dirty stuff into the machine after sorting it and of said respectable family from unwanted the privacy tort came into being after it. Act of 1998, the Children’s Internet Protection Act of 2001 self-load when I push the button, or the refrigerator would publicity, especially in the creative yellow journalism Noted also was Justice Brandeis’ dissent in Olmstead and the Health Insurance Portability and Accountability join with the stove to cook as well as store food, maybe I newspapers. In some cases, privacy was to prevent public v. United States,vi where he characterized “the right to Act of 1996xii are examples of laws attempting to protect would have more of an incentive to hook them to WiFi as knowledge of the then-legal right of a husband to beat his be let alone” as “the right most valued by civilized men.” the privacy of individuals. it would relieve me of those duties. wife. But, even with this development in some realms of society, in poorer households, privacy was still limited—if In the 1960s, the Fourth Amendment was strengthened it existed at all, with families continuing to be cramped by a U.S. Supreme Court decision finding an individual into small spaces.iii had a “reasonable expectation of privacy”,vii thereby expanding the protection from unwarranted governmental searches beyond physical searches into constitutionally protected property to also cover what a person might want to keep private. In Griswold v. Connecticut, the Court described a constitutionally-protected “penumbra” of privacy,viii a “zone” that would be free from governmental intrusion. In Griswold, the Supreme Court recognized the Fourteenth Amendment as providing a substantive due process right to privacy.

36 | Columbus Bar Lawyers Quarterly Spring 2019 37 | Columbus Bar Lawyers Quarterly Spring 2019 Most of us found out only recently that the business model of the internet is “surveillance,” with the goal to cultivate our information and sell it.

be changing the way our democracy works. Social sparked by the invention of printing in the late 15th media entities, like Facebook, have been collecting Century. The latter undermined the authority of the information and developing a successful business Catholic Church, enabled the rise of modern science without evidencing a proper concern for or protection of and thought, changed our conception of childhood and an individual’s interest in privacy.xiii Even as Google and perhaps also changed our brains. Naughton repeats Facebook and others promised us that our information Zuboff’s arguments that this new technology hands would be private, it was being collected. some individuals information and knowledge that we don’t have, allowing them to control us far more than Not only is our private information being collected and we currently understand. sold, but some of the entities to which this information others who have benefited from the sale of information has been sold are using it to try to shape our behavior. But where U.S. courts and Congress have developed at that most of us haven’t realized has been taken from us, Zuboff illustrates this concept. One of the examples least some degree of oversight of state surveillance, the let alone sold. And, that information is being used not indicates your smart car is spying on your behavior US currently has almost no regulatory oversight of its only to try to get us to buy more things, but also to shape to help your insurance company determine the price privatized counterpart. At this time, our current leaders But now I understand that by doing so, I am letting the way we behave. of your insurance and whether you need financial are swiftly deregulating what they can.xv Therefore, someone or something get my private information, with punishment or to have your insurance dropped if you expecting them to propose to control this technology the understanding it will also be sold and used in unknown That is the essence of a book just published by Harvard are a terrible driver. This model is not necessarily before it totally gets out of hand seems improbable. ways. After all, we who have googled or have been on professor emeritus Shoshana Zuboff. In “The Age of bad, as it is trying to force a driver to be safe. Same, Facebook or other social media or have a push-button Surveillance Capitalism: The Fight for a Human Future if a “smart” refrigerator only dictated what food to Our legal system may need to change to face new modern computer-run automobile have already given at the New Frontier of Power,” she described an era as purchase to increase health. challenges. Already, we have case law to help us up some of our privacy with our public statements and, radically different, a world suddenly consisting of two with the hacking of our personal information from whether we have known it or not, have had our private groups - the watchers and the watched. And, in this But the information collected is not really used to banks and from companies storing our credit card information collected and sold to unknown entities equation, there seems to be little or no room for a right benefit us. Zuboff sees the “surplus material” collected information. Will this be sufficient to protect us? Will without our approval. of privacy. from surveillance of us being used to help predict our we lose what little privacy rights we behavior and to anticipate what we will do now or later. have gained during In a sense, we in 2019 are now as publicly exposed as At first, she argues, the technology promised to be a tool This information is being traded on what she calls the last century? Marie Antoinette and others prior to the 20th century. that eased our lives. From this, our right to determine “behavioral futures markets.” People are currently Our Columbus Bar Association may have made great our own destiny, our individual privacy seemed to making fortunes from anticipating our behavior. To strides and positive changes since it was first founded, strengthen perhaps to the point where we were divisive demand respect of our privacy from those creating this but during the same period, we have gained but now are and not tolerant of those different who infringed on us. new form of capitalism, Zuboff argues, is asking them losing our right to privacy. After the dotcom bust in 2001, Google began developing to destroy the essence of their money-making venture. a means of collecting information to better analyze Most of us found out only recently that the business viewing of ads, to better sell advertising, to collect private The headline of John Naughton’s Observer/Guardian model of the internet is “surveillance,” with the goal to information people and to infer from that information article reviewing Zuboff’s book clearly states what he cultivate our information and sell it. Facebook and other other information. By so doing, Google created a new understands the purpose of our new technology is social media platforms are not in the “do-good” business direction for technology. from his reading of Zuboff’s book and his discussion of helping us reconnect with people for whom we cared of it with her: “The goal is to automate us: welcome in the past, or with new people who share our interests. Zuboff noted that the new technology advances, to the age of surveillance capitalism.”xiv He writes It is to cull information useful to others and sell it. It is designed also to have a limited usage of making our life that the changes in our “technological environment” easier, morphed into a new form of capitalism that could occurring now are going to be as as radical as those

38 | Columbus Bar Lawyers Quarterly Spring 2019 39 | Columbus Bar Lawyers Quarterly Spring 2019 kind of advertisement will make us vote for or against someone, or something worse?

So, as the Columbus Bar Association moves forward into its future, we do not know where our technology and our democratic systems will be in the future. The question remains, will we become totally controlled by those who know all our information, or will we be a

nation that continues to be a beacon unto the world,

a democracy with equal rights and opportunities and

justice for all with some protection over our personal

information and private identities?

As for me, as much as I would like a wand to wave and [email protected] “poof” the house to be clean, dinner to be cooked and all

chores to be completed, I think that I will just manually load the washing machine and the refrigerator. But, what to do about that tell-tale smart phone? That, I Higgins & Associates don’t know. This is a growing concern, especially since new For legal issues, the Supreme Court has said we need 4889 Sinclair Road, Suite 102 technology like totally smart houses, artificial intelligent a warrant to get our private information.xix But, nothing i For a quick and interesting view of The Birth and Death of Privacy: 3,000 Years Columbus, OH 43229-5433 robots and other tools able to do our tasks (called the protects us from a private of Privacy told through 46 Images, https://medium.com/the-ferenstein-wire/the- birth-and-death-of-privacy-3-000-years-of-history-in-50-images-614c26059e. “Internet of Things”, or IoT, because they all will connect company that wants Also an interesting summary of the development of the right of privacy can be found in Jill Lipore, “The Prism: Privacy in an Age of Publicity” The New Yorker (June 24, with each other) are being developed. To operate, to collect it and sell 2013 issue). https://www.newyorker.com/magazine/2013/06/24/the-prism. A HigginsCourtReporting.com the IoT effectively demands a much faster internet. it for some reason longer, but excellent summary of the history of privacy law in the United States is Professor Daniel J. Solove’s “A Brief History of Privacy Law, Section I in Proskauer To accommodate these new tools, a new generation – to manipulate on Privacy: A Guide to Privacy and Data Security Law in the Information Age (Second Edition) (Proskauer Rose LLP, Kriston, 2016-2018). of digital cellular networks increasing downloading us to buy ii For example, while there was a law forbidding the opening of mail passed in 1782, xv One glaring exception to the deregulation being advocated comes in the area speed, 5G, will come into existence. The newer, ultra- something Congress in 1825 passed a stronger law that is still in place, 42 USC 1702, prohibiting of women’s reproductive health, which, at least on the state level is increasing the the taking of letters, postcards, packages before delivery to the addressee with the regulation to put the rights of the fetus/person over the rights of the woman carrying fast 5G purportedly will be using extremely high radio or to find intent to obstruct correspondence, interfere with business, steal or embezzle or the fetus/person. destroy the document or package. xvi https://www.nytimes.com/2019/01/29/technology/facetime-glitch-apple.html waves and allowing many more points of connectivity out what iii For photographs showing how people in 1890 New York City tenements lived, see xviihttps://www.theverge.com/2019/2/7/18215885/apple-group-facetime- (and opportunities for hacking). What happens to our Jacob Riis, photographer who depicted life then in a book How the Other Half Lives: security-bug-bounty-compensatio. Studies Among the Tenements of New York (Charles Scribner’s sons, New York, xviiihttps://www.theverge.com/2019/1/30/18202990/facebook-research-gift- information and control over our lives then? 1890) https://www.gutenberg.org/files/45502/45502-h/45502-h.htm. See also cards-onavo-privacy 1890 https://mymodernmet.com/jacob-riis-how-the-other-half-lives/ xixSee Riley v. California, 573 US __(2014) and Carpenter v. United States, 585 US iv 4 Harvard L.R. 193 (Dec. 15, 1890). ____ (2018). v For example, Union Pacific Railway Co. v. Bitsford, 141 US 250 (1891) (can’t force In January, a young boy’s discovery of an Apple app a woman in a civil action to have a surgical examination in advance of a trial. In this on the iPhone that lets a caller hear conversations in a instance, the trial involved a sleeping car berth falling on the woman’s head) vi 277 U. S. 438, 277 U. S. 478 house before the phone rings and his mother’s attempt vii Katz v. United States, 389 US 347 (1967)(reasonable expectation of privacy test) and the earlier Mapp v. Ohio, 367 US 643 (1961). to alert Apple to this danger went unheeded for over viii Griswold v. Connecticut, 381 US 479 (1965). xvi ix Roe v. Wade, 410 US 113 (1973). a week was reported. Apple personnel have said x Whalen v. Roe, 429 U.S. 589 (1977). that it is removing the issue, which it didn’t know xi Randall P. Bezason, “The Right to Privacy Revisited”: Privacy, News and Social Change, 80 California Law Rev. 1133, 1140-1142. about, as soon as possible. By Feb. 7, Apple did xii The Health Insurance Portability and Accountability Act of 1996 (HIPAA) required the Secretary of the U.S. Department of Health and Human Services (HHS) to develop promise to compensate the boy and his family regulations protecting the privacy and security of certain health information.1 To and claimed the problem was fixed.xvii But, we fulfill this requirement, HHS published what are commonly known as the HIPAA Privacy Rule and the HIPAA Security Rule. The Privacy Rule, or Standards for Privacy have been warned about the possibility that of Individually Identifiable Health Information, establishes national standards for the protection of certain health information. The Security Standards for the Protection our phones not only track where we are at a of Electronic Protected Health Information (the Security Rule) establish a national given moment, but what we say. Further, set of security standards for protecting certain health information that is held or transferred in electronic form. The Privacy Rule is located at 45 CFR Part 160 and early in 2019, the news reported that Subparts A and E of Part 164. See these websites for more information about HIPPA: https://www.hhs.gov/hipaa/for-professionals/security/laws-regulations/index. Facebook has been paying teens $20 html and https://www.hhs.gov/hipaa/for-professionals/privacy/index.html. xiii Surveillance Capitalism p. 10-22; See also, Sebastian Sevigani Privacy and a month to let them track everything Capitalism in the Age of Social Media (Routlege, NY, NY 2016), they do.xviii xiv https://www.theguardian.com/technology/2019/jan/20/shoshana-zuboff-age- of-surveillance-capitalism-google-facebook Janyce C. Katz, Esq. General Innovations & Goods, Inc. [email protected]

40 | Columbus Bar Lawyers Quarterly Spring 2019 41 | Columbus Bar Lawyers Quarterly Spring 2019 Spring ‘19: 150th Anniversary The workplace as we know it today is unrecognizable from that of our parents or grandparents. Numerous laws are now in place to protect employee jobs, issues from social movements and Employment crises spill into the workplace, and once-dependable industries have collapsed while other job markets rise to fill in the void. in an Ever-Changing America

by LAUREN LARRICK percent of the workforce, and in 2015 this increased to 33 percent.iii This higher-educated workforce was Just as American culture employers. In 1950, the only high- beneficial for women, as they were more likely to be employed in jobs requiring social and analytical skills.iv constantly evolves, so impact employment law in place With was the Fair Labor Standards Act, each law, does its workplace. Over enacted in 1938 to create a right to employees received more protection Additionally, the Great Recession contributed to the rise of several industries (e.g., healthcare, education the past seventy years, minimum wage and prohibit most while employers’ potential for employment of minors. liability increased. Needless to and hospitality), while creating a massive shortage the demographics of the say, there has been a large uptick in skilled workers. We are still experiencing a deficit workforce and the issues Since then, several significant laws in employment litigation since the of manufacturing, construction and transportation workers today. Some employers have implemented employers and employees have been enacted to regulate the 1950s. workplace: creative ideas to attract potential employees, such as face have changed partnering with community colleges and vocational The Great Recession unrecognizably. While there • Title 7 of the Civil Rights Act of schools. However, this shortage can result in increased Shakes Up Workplace labor costs for employers who may be more likely to are innumerable contributing 1964: prohibits discrimination against employees on the basis Demographics put up with misconduct and safety violations that result factors to explain today’s from cost-cutting measures. of sex, race, color, national origin The Great Recession, which was and religion; economic landscape and closely linked to the dramatic The Great Recession has also contributed to creating workplace demographics, • Age Discrimination and decline in housing prices that began Many opioid-users and addicts are still employed. A Employment Act of 1967: an older workforce. In 1984, the median age of a U.S. national survey on drug use and health conducted several stand out: in late 2006, also impacted the employee was 37.7 years old. By 2024, this is expected protects individuals 40 years of workplace as we see it today. During in 2015 by the Substance Abuse and Mental Health age or older from employment to be 42.4 years old. Higher education means entering Services Administration revealed that 75 percent of that time, the U.S. employment rate the workforce later. Additionally, increased student discrimination based on age; dropped from 63 percent in 2007 to adults ages 18 to 64 with substance misuse disorders Employee Protection loan debt forces employees to stay in the workforce vii • Occupational Safety & Health 58.4 percent in 2011.ii are in the workforce. and Employer Act of 1970: ensures safe longer to pay off their loans. Federal student loan debt working conditions; was approximately $600 billion in 2008 and reached The ADAAA does not protect individuals engaged in Regulation The economy reacted in two ways $1.32 trillion by 2015.v While this has spurred various • Americans With Disabilities to this unemployment rate. The the illegal use of drugs, so there is little recourse for The American workplace of 1950 Act of 1990: along with its legislative efforts to reduce student loan debt and lower employees struggling with addiction. Employers also would seem entirely foreign to first was an increase in part-time tuition costs, the U.S. continues to struggle with this amendments in 2008 (referred employment. Additionally, the suffer from lost productivity, increased absenteeism, today’s employees. The typical to as the ADAAA), this legislation problem. and workplace injuries. Many employers are starting to employee was a white male with a economy saw a rise in individuals prohibits discrimination against going back to school for higher level rethink some of their workplace policies and procedures, high school degree. Women made individuals with disabilities in The Struggle with Addiction especially in industries where there is a shortage of up only one-third of the workforce, degrees, in the hopes of becoming all areas of public life including The United States’ struggle with opioids has been workers. This includes revising zero-tolerance policies and minorities only 10 percent. (By more marketable. Attendance at employment; and steadily increasing since the 1990s, much of which is for drugs or increasing the use of employee assistance contrast, today, almost 47 percent vocational and technical schools • Family Medical Leave Act related to the increased prescriptions of highly addictive programs. There has also been an increase in the use of American workers are women declined during the Great Recession, of 1993: provides eligible opioid pain relievers. In 2010, more than 38,000 people of last chance agreements, which gives employees a and 22 percent are minorities.)i resulting in a higher-educated employees job-protected unpaid died of drug overdoses, of which 16,651 were tied to second chance to get clean rather than face immediate There was very little regulation workforce. In 1980, adults with leave for family and medical prescription opioids alone or in combination with other termination. by the government over private a bachelor’s degree made up 17 reasons. prescription medications or alcohol.vi

42 | Columbus Bar Lawyers Quarterly Spring 2019 43 | Columbus Bar Lawyers Quarterly Spring 2019 The Debate About Confidentiality in However, there are disadvantages to such legislation. wages and working conditions. However, the majority Employers would have less incentive to settle cases ruled that the Federal Arbitration Act permits an the Wake of “#MeToo” rather than go to trial. Plaintiff attorneys, looking to avoid employee’s waiver of its right to a class action in favor Employers have long relied on non-disclosure clauses lengthy litigation and unpredictable juries, might be less of individual arbitration. As a result, more employers will as part of settlement agreements to resolve employment likely to take sexual harassment and discrimination likely start requiring employees to sign class waivers as Kohr Royer Griffith claims. However, this practice has come under intense cases. Additionally, some argue that victims should a contingency to employment, reducing the amount of Commercial Real Estate Services scrutiny since the #MeToo movement, which gained be empowered to make their own decisions, including litigation against employers. traction on social media in October of 2017 after the settlements, which may protect their privacy needs and Since 1914 sexual abuse allegations against Harvey Weinstein. help fund the costs and expenses they incur in dealing Just the Tip of the Iceberg with their trauma. SALES / LEASING – APPRAISAL – PROPERT MANAGEMENT The confidentiality clause in a settlement agreement The workplace as we know it today is unrecognizable COUNSELING – REAL ESTATE DEVELOPMENT - ACQUISITIONS from that of our parents or grandparents. Numerous laws often prohibits the signing individual from disclosing Even some large employers are making changes: are now in place to protect employee jobs, issues from facts related to the underlying dispute. It has been in 2017, Microsoft announced it was waiving the 1480 Dublin Road, Columbus, Ohio 43215 social movements and crises spill into the workplace, and argued that this practice allows employers to maintain requirement for the arbitration of sexual harassment 614.228.2471 - 614.228.1919 FAX once-dependable industries have collapsed while other discriminatory practices and harassment in the claims in its arbitration agreements.ix These changes www.krgre.com workplace, as they settle individual claims rather than signal the possibility of a more transparent, albeit job markets rise to fill in the void. The issues and events change their workplace culture. For example, Uber litigious, workplace, unless employers can successfully described in this article are just a sample of the social, political and legal factors that have shaped the American KRG Associates hold individual memberships in – recently settled a class action involving 495 individuals challenge or circumvent these restrictions. Appraisal Institute viii workplace in the last seventy years. The political and social claiming discrimination for $10 million. Society of Industrial & Office Realtors landscape is always shifting, and the issues employers Arbitration Trumps Class Actions American Society of Real Estate Counselors Legislatures are grappling with how to address the issue. and employees deal with will continue to be representative Certified Commercial Investment Member Effective January 1, 2019, California became the first Many employers require employees to sign arbitration of our ever-changing values and struggles. Institute of Real Estate Management agreements as a condition of employment, which Building Owners & Managers Association state to restrict the use of non-disclosure agreements i Stephen F. Befort, Labor and Employment Law at the Millenium: A Historical Review in settlements involving harassment, sexual assault or prevent employees from suing the employer later in and Critical Assessment, 43 B.C. L. Rev. 351, at 353 (2002). court. Instead, the parties go to arbitration, with an ii Sylvia A. Allegretto, A Post-Great Recession Overview of Labor Market Trends in discrimination based on sex. Other states are following the United States and California, (June 2018), at 13. arbitrator overseeing the proceedings instead of a iii The PEW Research Center, The State of American Jobs, (Oct. 6, 2016) http://www. suit, and a “Sunlight in Workplace Harassment Act” was pewsocialtrends.org/2016/10/06/1-changes-in-the-american-workplace/. introduced to Congress in 2018 which would require judge and jury. The popularity of arbitration agreements iv Id. increased after the Civil Rights Act of 1991 vested greater v Chuck DeVore, Student Debt Crisis: The Recession Started It; College Sustains It; public corporations to publicly reveal any harassment and Politicians Make it Worse, Forbes (Feb. 26., 2016) https://www.forbes.com/ authority in juries to decide employment discrimination sites/chuckdevore/2016/02/26/student-debt-crisis-the-recession-started-it- and sexual misconduct settlements. colleges-sustain-it-and-politicians-make-it-worse/#24acf86b1186. cases. To avoid the unpredictability of jurors, employers vi https://www.nsc.org/Portals/0/Documents/RxDrugOverdoseDocuments/RxKit/ began preferring arbitration as a means to resolve The-Proactive-Role-Employers-Can-Take-Opioids-in-the-Workplace.pdf. vii Kevin Druley, Opioids and the Workforce, Safety +Health, The Official Magazine of employment disputes. the NSC Congress & Expo (Sept. 24, 2017), https://www.safetyandhealthmagazine. com/articles/print/16129-opioids-and-the-workforce. viii Merrit Kennedy, Details of Uber Harassment Settlement Released, NPR (Aug. 22, 2018), https://www.npr.org/2018/08/22/640900988/dozens-sued-uber-for- Lauren Larrick, Esq. In 2018, in Epic Systems Corp v. Lewis, harassment-heres-what-they-re-set-to-receive. Ernst & Young v. Morris and National ix Nick Wingfield and Jessice Silver-Greenberg, Microsoft Moves to End Secrecy Reminger Co., LPA in Sexual Harassment Claims, N.Y. Times (Dec. 19, 2017), https://www.nytimes. Labor Relations Board v. Murphy Oil com/2017/12/19/technology/microsoft-sexual-harassment-arbitration.html. [email protected] USA, the U.S. Supreme Court considered the enforceability of an arbitration agreement waiving an employee’s right to file or participate in a class action.

Class action lawsuits can be preferable to employees because solo actions with smaller recoveries are less likely to incentivize them to bring their claims.

The dissenting opinion in Epic Systems, written by Justice Ginsburg, argued that the NLRA protects workers’ rights to stand together in class actions against their employers when seeking to improve their

44 | Columbus Bar Lawyers Quarterly Spring 2019 45 | Columbus Bar Lawyers Quarterly Spring 2019 as Albert Einstein and more recently Sergey Spring ‘19: 150th Anniversary Brin, the founder of Google. Many immigrant communities are associated in the folklore with particular occupations. The Irish were identified as police officers in Boston, whereas the Chinese A Short History of the Politics were known to have built the railroads in the last half of the 19th century. Jewish immigrants, often excluded from universities or professional of Immigration positions, founded scrap businesses. However, a brief review of some of the landmark legislation that has addressed questions of immigration during the by ROBERT H. COHEN past 240 years reflects a deep fear of immigrants and changes they may bring to our society. The subject of immigration numbers of German immigrants were has engendered strong should not be permitted to settle in permitted Beginning with the Alien and Sedition Acts of 1798, Pennsylvania because they would to immigrate Congress was concerned that immigrants would opinions and contentious change the character of the colony: to Pennsylvania, the nature of the constitute a Fifth Column, undermining the security of political debate from the early colony would be transformed.ii the United States during its early years. During the 1850s, Franklin understood the benefits days of American history. “Why should Pennsylvania, the American Party, better known as the Know-Nothing founded by the English, of immigration and the industrious Party, represented the strong anti-immigrant sentiment Before the Revolutionary War become a Colony of Aliens, nature of those who made their of the day. At its height in 1855, the Know-Nothing Party and independence, Americans who will shortly be so way to the colonies to find a new was represented by 43 members of Congress. The party 1921 political cartoon Library of Congress beginning, but he also feared the were already debating the numerous as to Germanize was sufficiently prominent to nominate a candidate for us instead of our Anglifying change that the immigrants might president in the 1856 election, former President Milliard had the effect of limiting immigrants to the countries from merits of immigration and them, and will never adopt bring to society. Fillmore who had served as president from July 1850 Western Europe considered desirable. Italians, Eastern who should be permitted to our Language or Customs, until March 1853. Europeans and Africans were limited to a mere handful of This dichotomy reflects the debate immigrants, and Asians were excluded entirely. reach our shores. any more than they can acquire our Complexion.”i throughout our history. We take The clearest example of legislation targeting a specific pride in the history of our country, population of immigrants was the Chinese Exclusion The Immigration and Nationality Act of 1952, known as While we think of immigration as the A complete study of Benjamin that we are a nation of immigrants, Act of 1887. This law excluded Chinese immigrants, the McCarren-Walter Act, implemented the structure of current contentious debate that most Franklin’s views on immigration welcoming immigrants from around notwithstanding the wide recognition of their contribution immigration law that remains in place today. The Act recently caused the government to reflect a more nuanced view. He the globe seeking opportunity, to the construction of the transcontinental railroad included a number of provisions for family reunification partially close for more than a month appreciated the industrious nature of religious or political freedom or system. The Chinese Exclusion Act was first limited and employment-based immigration as well as while the president and speaker of the German immigrants, and sought simply a fresh start in life. We to 10 years, but was renewed twice before it became provisions to address the continuing refugee crisis from the House exchanged tweets, barbs to understand cultural differences celebrate the immigrants who permanent. Congress did not repeal the law until 1943. World War II. At the height of the “communist scare,” and accusations, the debate is older that would explain his observations, have become famous and have the Act also included ideological provisions, many of than the Republic. As early as 1751, but he still insisted that if too many made enormous contributions The national quota system was introduced in 1924, which remain part of the Act today. However, one key Benjamin Franklin argued that large industrious German immigrants to our society, immigrants such and limited immigration based upon a percentage of component of the 1952 law was that it retained the very immigrants from each country already in the United restrictive quota system from the 1924 law. While the States as reported in the 1920 census. This quota system presentation of the quota provisions was more mild

We take pride in the history of our country, that we are a nation of immigrants, welcoming immigrants from around the globe seeking opportunity, religious or political freedom or simply a fresh start in life. We celebrate the immigrants who have become famous and have made enormous contributions to our society.

46 | Columbus Bar Lawyers Quarterly Spring 2019 47 | Columbus Bar Lawyers Quarterly Spring 2019 were permitted to apply for full resident status. In exchange for The restrictive national quota system was this legalization program, Congress Expect the Unexpected also enacted the employers’ Legal issues often finally eliminated from the law in the 1965 sanctions provisions that required arise when you least employers to verify the employment expect them, and when they do, it is amendments to the Immigration Act. eligibility of every new employee by important to contact completing Form I-9 and reviewing a law firm you can trust. documents to demonstrate eligibility. Theoretically, proponents of the legislation argued, this solved PERSONAL INJURY the problem of the undocumented CRIMINAL DEFENSE immigrants and also set up a CIVIL LITIGATION system to discourage further undocumented immigration. 536 S. High Street Columbus, OH 43215 The 1986 law, however, failed to 614-221-1342

provide a sufficient process for tyacklaw.com future legal immigration, known among the policy wonks as the future flows. immigration in the Immigration an immigration and naturalization A number of factors Act of 1990, and while this may policy that will be fair to all.” The impact the demand have been appropriate for the current President has not followed for immigrant visas, early 1990’s, by the end of the this example, and the debate today including political and decade, the numbers were already unfortunately harkens back to the economic conditions obsolete. However, the law does dark days of the Know-Nothing in the United States not permit flexibility and the levels Party and the Chinese Exclusion Act. and around the world, of immigration were not sufficient employment markets i Swarthy Germans, by Matthew Yolesias, Atlantic, to meet either the economic or February 4, 2008. https://www.theatlantic.com/ and for many individuals, humanitarian demands. The law of politics/archive/2008/02/swarthy-germans/48324/ and less overtly racist, the effect of the law was the upon country of birth. Each country is limited to seven [last visited January 27, 2019]. same. It was the continued quota system that President percent of the total in any one classification, based family developments. supply and demand overwhelmed ii Letter to Peter Collinson, May 9, 1753. http:// teachingamericanhistory.org/library/document/letter- Truman cited when he vetoed the bill. His veto message upon country of birth. For family-based applicants, this Congress established the immigration system, leading to to-peter-collinson/ [last visited January 27, 2019]. levels of significant dysfunction and we again iii Veto of Bill to Revise the Laws Relating to echoed similar arguments that one might hear today as quota limitation impacts individuals born in Mexico and Immigration, Naturalization and Nationality, Public immigration continues to be a contentious issue.iii He the Philippines; for employment-based categories, the find ourselves in a similar situation Papers of Harry S. Truman 1945-1953, June 25, 2952. https://www.trumanlibrary.org/publicpapers/index. noted the benefits of immigration, expressed concern limitation restricts those born in India and China. There that prompted the 1986 Act. php?pid=2389 [last visited January 28, 2019]. that our racist policies made it difficult to advance are currently bills in Congress to eliminate this restriction, Estimates are that there are between diplomatic initiatives and that immigrants contributed to and one such bill, H.R. 392, has 327 co-sponsors. Even 10 and 13 million immigrants in our workforce to make our economy stronger. Congress with this overwhelming bi-partisan support, the bill has the United States without lawful status. Questions of compassion, voted to override the veto, and the 1952 Act became law been unable to reach a floor vote. Robert H. Cohen, Esq. humanitarian treatment, work force over the President’s veto. Porter Wright Morris & Arthur demands and security still have the The last major overhaul of the immigration laws was the [email protected] The restrictive national quota system was finally Immigration Reform and Control Act of 1986. Congress capacity to roil the public discourse. eliminated from the law in the 1965 amendments to the addressed the problem of the estimated 3 million In 1952, President Truman wrote Immigration Act. Instead, the law adopted the current undocumented immigrants by providing a process for that “I am sure that with a little more structure which does not discriminate against citizens legalization. Immigrants who could prove they had lived time and a little more discussion in from any particular country and instead established in the United States without lawful status from Jan. 1, this country the public conscience a series of classifications based upon employment 1982 until the enactment on Nov. 6, 1986, were permitted and the good sense of the American and family relationships. These classifications were to apply for temporary resident status. After 18 months, people will assert themselves, and modified in the Immigration Act of 1990 and remain in and a period in which their applications were screened we shall be in a position to enact place today. There is one remaining limitation based for criminal behavior and other disqualifications, they

48 | Columbus Bar Lawyers Quarterly Spring 2019 49 | Columbus Bar Lawyers Quarterly Spring 2019 enhance the character, prestige union among the members of Spring ‘19: 150th Anniversary and finances of their trade; in the bar; to maintain professional other words, to professionalize. honor and dignity; to encourage Dramatic changes in post-Civil the highest attainments in legal War America posed challenges knowledge; and to promote The History of the for the law business. Lawyers generally the professional interest of had to be better educated its members.”ii The constitution also and better organized in order required the Association to provide Columbus Bar Association to acquire and deliver the skills a “comfortably furnished” room to needed in the complex world of be kept open at fixed hours where urbanized, industrialized America. books and periodicals purchased by DAVID M. Gold by the Association would be made On March 22, 1869, Dresel submitted available.iii to a meeting of the Columbus bar A Shaky Foundation: Members of the Columbus bar schedule a resolution in favor of creating a Historians have often noted the elitist J.W. Baldwin, 1st president of the association 1869-1900 had been meeting before then for would take bar association, along with a draft nature of early bar associations, social reasons or to memorialize effect when two-thirds of the bar In this year of the Columbus Bar constitution and bylaws. Over the but the CBA does not seem to have If the law library ever got off the colleagues who had passed away. members signed it. The newspaper Association’s sesquicentennial, the next couple of weeks, additional restricted its membership to the ground, it didn’t make enough of In 1869, though, an item in the story further stated: “An effort will CBA can claim to be Ohio’s oldest meetings were called to debate “better sort.” A Columbus directory an impact to merit mention in the Ohio State Journal revealed a be made to form a Bar Association bar association in continuous the proposition and wrangle over for 1875 lists 80 lawyers in the newspapers, and the independent more professional purpose to the and purchase a library. The proposal existence. It wasn’t the first such the wording of the constitution. On city. Even if the directory was not Columbus Law Library Association gatherings of lawyers. At a “well- meets with much favor.”i organization in Ohio—in 1868, a April 20, the lawyers of Columbus comprehensive and did not cover was incorporated in 1887. attended” meeting of the members group of Dayton lawyers filed a and vicinity met and approved a the rest of the county, the 54 charter of the Columbus bar on Feb. 3, Otto The juxtaposition of these two certificate of incorporation with the constitution for the Franklin County members suggest an openness The apparently moribund CBA Dresel, the chairman of a committee issues—the establishment of a secretary of state for the original Bar Association. (The Franklin missing from the early big-city might have disappeared altogether. previously appointed to prepare a fee schedule and the formation of Dayton Bar Association, which went County Bar Association changed organizations and the American Bar Such a fate would not have been minimum fee schedule for Franklin a bar association—was no mere out of existence in 1896—but there its name to the Columbus Bar Association. unusual; nearly half of the state County attorneys, presented his coincidence. Both indicated a does not appear to be another today Association around 1920, but for bar associations established report. The meeting agreed that the desire on the part of attorneys to that goes back as far. the sake of convenience Columbus Notwithstanding its promising between 1878 and 1888 died away. Bar Association, or CBA, will be start, the CBA soon foundered. A But the creation of the Ohio State used in the rest of this article.) Fifty- committee appointed to prepare Bar Association in 1880 injected four attorneys signed on as charter rules of court issued a report, some life into the CBA. The OSBA members. On June 3, the members but within a month the report practically invited any member of met and elected the officers, disappeared, borrowed by a judge the Ohio bar in good standing to executive committee and board of and never returned. The Association join. The initiation fee and annual trustees. showed some interest in court- dues were both fixed at two dollars. related legislation in the early 1870s, At about the same time, the CBA, The CBA’s purposes, according to but it then went seven years without perhaps influenced by the OSBA’s the constitution, were “to promote meeting. By 1873 one of the trustees liberality, reduced its initiation fee i v harmony, good feeling and closer had been “expelled from the bar.” from 10 to five dollars and its dues

Dramatic changes in post-Civil War America posed challenges for the law business. Lawyers had to be better educated and better organized in order to acquire and deliver the skills needed in the complex world of urbanized, industrialized America.

50 | Columbus Bar Lawyers Quarterly Spring 2019 51 | Columbus Bar Lawyers Quarterly Spring 2019 from five to two dollars. The reduction bill and rules of practice Getting Established: probably contributed to an increase were appointed and 1900–1946 in membership from the 32 reported functioned.” Several at the meeting of Oct. 7, 1880, to 43 lectures and In the early 20th century the two weeks later. By mid-November, discussions took CBA enjoyed a burst of activity. Congrats CBA! Membership grew to more than 200. the number had risen to 100. place under the auspices of the The organization drafted and pushed The very existence of the OSBA gave Association, hard for passage of a “shyster bill” the CBA a reason to awaken. Hosting addressing that would restrict the practice of 150 law by non-attorneys and thereby meetings of the state organization issues such as 1869-2019 gave local bar associations the relations protect the learning opportunities significant responsibilities and between of novice lawyers, particularly in the a sense of importance. The doctors and justice courts. A committee tracked convention that created the OSBA lawyers, judicial legislation, and the CBA took stands on a variety of legislative issues, met in Cleveland in July 1880, but reform and COLUMBUS BAR adjourned to Columbus, where codification of the years such as codification of the law of ASSOCIATION it reconvened in December. The common law. But until evidence, the creation of new courts CBA entertained the members at the end of the century, and judicial salaries. The CBA 614.484.1200 adopted rules for the probate and a banquet at City Hall on Dec. 29. wrote former CBA president successfully The program began with a 6 p.m. Earl F. Morris in 1951, the CBA’s common pleas courts that for the protested most part won the approbation of reception for the OSBA and invited chief occupations, “except for against a jury bill in the legislature, the judges. CBA had 60 new members. Perhaps and lunches (subsequently moved guests at the statehouse, followed occasional brief resurgences of investigated allegations of buoyed by this success, the new to Wednesdays), along with annual by the banquet at City Hall, with committee activity,” were meetings unprofessional conduct by local One of the CBA’s major achievements president promised an “aggressive banquets, testimonial dinners numerous speeches and toasts, all to attend funerals of local attorneys attorneys, proposed the installation was the establishment of a legal aid year” in 1914.viii The “aggression” and like events would continue interspersed with music. and the adoption of memorial of an elevator in the courthouse for vi bureau. A CBA committee began included a great deal of conviviality. on a more or less regular basis for resolutions. the benefit of “cripples, women with studying the provision of legal aid to But the CBA soon fell into another babies and old ladies,”vii debated Saturday noon lunches, with decades to come. In an early form the poor in 1912, but it took the great period of “innocuous desuetude,” Actually, the CBA showed a bit the need for a new court costs speakers discussing a wide range of continuing legal education, older, from which it began slowly to emerge more life than that. In the 1890s, the bill and paid off the mortgage of a flood of 1913 and the financial distress of topics, became a regular activity, experienced lawyers would address in the late 1880s.v Committee CBA displayed a renewed interest retiring court crier. But it was not it caused to push the organization into and the CBA’s first annual picnic their younger colleagues on various work, while “not vigorous,” did in formulating rules of practice, a good omen when the annual action. CBA volunteers began offering drew 150 attorneys. The outings topics of professional interest at occur. “Committees on judicial attempted to get an additional judge election meeting of 1898 had to be free legal assistance to flood victims, monthly meetings. administration and legal reform, fee for the court of common pleas, postponed due to poor attendance. and that in turn led to the creation of a permanent legal aid bureau. The Columbus, Ohio, 1920s CBA’s legal aid committee would soon be reporting that hundreds of clients were receiving free legal assistance.

The CBA also began to endorse candidates for judicial office, sending representatives to meet with the governor regarding the filling of vacancies and giving the voters its members’ preferences ahead of elections.

In December 1912, the CBA launched a membership campaign intended to get all Franklin County attorneys Franklin County Courthouse, the first meeting place of the CBA. signed up. Within two weeks the

52 | Columbus Bar Lawyers Quarterly Spring 2019 53 | Columbus Bar Lawyers Quarterly Spring 2019 newspaper articles) and the bar (through law institutes, members, and that was after the recent addition of One of the CBA’s major achievements was the establishment of a mentoring and, of course, the weekly lunches). Often, 140 members. After the war, though, the membership these events, both social and professional, took place rose dramatically, and the CBA underwent a major legal aid bureau. A CBA committee began studying the provision under the joint sponsorship of the CBA and one or both reorganization. of legal aid to the poor in 1912, but it took the great flood of 1913 and the of two other groups of attorneys, the Barristers Club and the Lawyers Club. The Bar Association Business: financial distress it caused to push the organization into action. In 1940, CBA president Waymon B. McLeskey gave 1946–1984 the ABA Journal a list of his organization’s recent The third phase of the CBA’s history was bracketed by activities. These included “cleaning up abuses in Ohio major constitutional changes. By the end of World War II, the clubby nature of the CBA was giving way. The National crises impelled the CBA into new activity. During model for an OSBA program distributed to other bar Industrial Commission compensation cases; holding organization had more members, more committees and World War I, CBA members assisted the Red Cross associations. Federal tax legislation adopted to fund the of bar forums; joint meetings with professional and more responsibilities than it had had in the early part of and YMCA in their war work, sold Liberty bonds and war effort led the CBA to initiate tax-help programs for other groups; successful opposition to reinstatement the century. At a meeting on Dec. 9, 1946, CBA members helped prospective draftees fill out their classification taxpayers and intensive training programs for attorneys. of disbarred lawyers; a goodwill survey of Columbus engaged in a “spirited discussion” of the Association’s questionnaires. During the Great Depression of the The CBA also remitted the dues of active-duty members law business; inauguration of a committee in law “inability to meet the increasing demands of the 1930s, when lawyers were suffering along with the and offered more general legal assistance to servicemen enforcement; radio broadcasts and maintenance of ix public and the members without having a telephone, rest of the country, the CBA vigorously contested the and, after the war, to returning lawyer-veterans. a speakers’ bureau.” To handle the growing volume headquarters and someone in charge to devote full time practice of law by financial institutions, realtors and and variety of activity, the CBA created a host of new to the work of the organization.” In other words, the CBA collection agencies. The Association’s great success in Through all the upheaval, the CBA continued to aid standing committees. In 1923, there were six standing had to be run like a business.x that area came with a decision in 1937 that originated indigent members of the general public. Among other committees: Grievance, Legislative and Legal Reform, with a complaint filed by the joint grievance committee things, the Association helped law students at Ohio State Memorial, Membership, Entertainment and Legal Aid. A To accomplish this goal, the CBA adopted a new of the CBA, the Lawyers Club and the Barristers Club. establish a legal aid clinic. It also kept up its educational new constitution in 1930 added Bankruptcy, Judicial and constitution. Among other things, the constitution set programs for the public (through radio broadcasts and Admission to the Bar. By 1939 there were committees dues at $20 (a nearly seven-fold increase), abolished World War II also inspired new action. The CBA created a on Education, Civil Liberties and Bar Organization. honorary memberships and gave to the president special committee on American citizenship to deal with and Executive Committee the authority to create and naturalization issues. The Association launched a radio The CBA never succeeded in inducing all Franklin appoint all other committees. Most importantly, the program, “Liberty under Law,” which would become the County attorneys to join. Of the estimated 500 attorneys in Franklin County in 1920, 350 (about 70 percent) were constitution empowered the Executive Committee to CBA members. The hard times of the 1930s may have hire an executive secretary. The Executive Committee depressed growth. In 1940, McLeskey reported 540 and executive secretary would eventually become the board of governors and executive director.

In 1949, outgoing president Frank C. Dunbar Jr. asserted that only since its reorganization had the CBA begun to “operate with a reasonable minimum degree of organizational efficiency.”xi Among its

Virginia Hotel, 3rd & Gay, CBA meeting place in 1947

54 | Columbus Bar Lawyers Quarterly Spring 2019 55 | Columbus Bar Lawyers Quarterly Spring 2019 outstanding achievements, he a legal aid society in Columbus. (the CBA had been operating the thought, was its continuing legal The following year the CBA helped placement service for years); an YOUR OBJECTIVE SETTLEMENT ADVISORS education program, with its two establish one. Its 1959 award administrative assistant for the COLUMBUS, OHIO R peerless annual institutes and was for “distinguished service” in Lawyer Referral Service; a secretary weekly luncheon lectures. Dunbar’s strengthening legal services by who also ran the Speaker’s Bureau; remarks were reported in Columbus bringing about the merger of the and a receptionist who was also a Bar Briefs, a publication launched Legal Aid Society and the Columbus secretary and processor of notary xiii by the CBA in 1946. Originally public defender’s office. public applications (a function the Gayle Christen, CPCU, CSSC a mimeographed newsletter CBA acquired by court rule in 1952). [email protected] containing items of interest to local In 1941, the CBA’s Professional Within a year and a half, the staff lawyers—recent court decisions, Economics Committee would grow by 50 percent. Ryan Christen Oliphant, CSSC practice rules, notices of CBA recommended the creation of a [email protected] activities and so on—Bar Briefs lawyer referral service as soon In 1947, the CBA’s office was a room would morph into a small magazine as a permanent CBA office was in the Virginia Hotel. That clearly (877) 541-9388 in 1960. established. The purpose of the would not do for the invigorated proposed service seems to have Association. There soon began a Technological advances affected the been to help the members financially, series of moves. In 1954, after a stay CBA’s activities. By 1952, the CBA but the public also benefited. After of several years in the Huntington Contact us to learn how you can build wealth, grow your was offering a photocopying service the service was finally set up in 1947, Bank Building on South High business, or save for a rainy day with fee deferral planning. to its members. While continuing to the Ohio State Journal praised it as Street, the CBA moved into a three- produce radio shows and newspaper “an aid to folks who . . . suddenly find room, street level apartment at 40 columns, the Association also themselves with a legal problem. In West Gay Street. The officers and 66 South Third, and finally back members of the CBA were unhappy forayed into television. In 1957, the short time it has been in operation, Bar) to V (Visiting, i.e., the sick). In staff, reported a law journal, “feel to the University Club. The latter with the move. Women made up the ABA conferred an Award of several hundreds of persons have addition, the CBA was now offering that these fine quarters typify the move would coincide with another perhaps 12 percent of the total Merit upon the CBA in part “for its availed themselves of the bureau’s group health insurance (the first progress made since they first set up reorganization and a new era in the membership at the time. The production of a telecast and film services and have found it helpful group hospitalization program began housekeeping in a single 6 by 8 foot CBA’s history. all-male University Club, which emphasizing that justice is our most and advantageous.”xiv in 1943) and a Keogh plan. room formerly used for beer storage was a premier organization for important product.”xii in the basement of a hotel which CBA, Inc.: 1984–2019 professional networking, did not actually own the building, but its Of course, the CBA continued its All this expansion in size and scope donated it free in consideration of The immediate cause of the move to name was prominently displayed In the decade or so after its traditional activities: polling its necessitated changes in the CBA’s the holding of weekly luncheons new offices was the CBA’s inability to xvi on the exterior. Just about the time reorganization, the CBA received members on judicial candidates, way of doing business. Even a in the hotel.” But the CBA didn’t renew its lease because the landlord the CBA announced its move, a other major awards. In 1949, it investigating complaints of attorney full-time, compensated executive stay there long. In 1957, it moved needed the space. Beyond that, the majority of club members, but not became the first local bar association misconduct, hosting lunches and director could not handle the work to the University Club building at CBA anticipated the need for more the two-thirds needed to amend the to win an ABA Award of Merit twice dinners, providing speakers for alone. And so, a staff began to 40 South Third Street, then to 22 room, which it club’s constitution, voted to admit in a row. In 1959, it received the Law Day and other occasions grow. By 1977, the staff included an North Front Street, got by leasing females. By another vote in 1985, National Legal Aid and Defender and so on. By 1958, membership assistant director who was, among then to the savings the entire the club opened its doors to women. Association’s highest honor. The exceeded 1,000, and the CBA had 39 other things, “an editor, purchasing and loan building at sixth floor of CBA’s Legal Aid Committee in 1953 committees running the alphabetical agent and typewriter repairman”;xv the University Before the 1980s, women’s began investigating the need for gamut from A (Admission to the a director of secretarial placement Club building. participation in the CBA came Some female mostly through employment as staff and through the In the decade or so after its reorganization, the CBA received other major Women’s Auxiliary. awards. In 1949, it became the first local bar association to win an ABA The small number of female members Award of Merit twice in a row. In 1959, it received the National Legal Aid and Defender is illustrated by the Association’s highest honor… for “distinguished service” in strengthening legal notices of Auxiliary events, to which services by bringing about the merger of the Legal Aid Society and the Columbus members “and their xvii public defender’s office. 17 S. High St. 40 S. 3rd (University Club Building) 66 S. 3rd St. wives” were invited. (Huntington Bank Building)

56 | Columbus Bar Lawyers Quarterly Spring 2019 57 | Columbus Bar Lawyers Quarterly Spring 2019 As the number of women members rose (to 2,319, or CBA president Robert Wistner hoped that the new court dockets. The Columbus Bar Foundation, an 28 percent, in 2001), the Women’s Auxiliary became just structure would “stimulate expansion of services to affiliated organization incorporated in 1950, awoke the Auxiliary (1987) and eventually the Alliance (2008). members.”xviii Those services already included continuing from its slumber and began making major grants to In 1996, Sandra J. Anderson became the CBA’s first education, advice on professional economics, a group the Legal Aid Society and other entities that provide woman president. purchasing service, insurance legal services to the poor. Columbus Find a Lawyer, an programs, conference rooms, online service launched in 2014, helps consumers who In the latter half of the 1980s, the and a secretarial placement need legal advice find appropriate CBA members “in a CBA, in conjunction with major law service. Expanded services in the straightforward and friendly way.”xix The CBA website, firms, Columbus’s law schools and coming years would include new which dates to 1996, has links to the Foundation, to Find a local association of black lawyers, lawyer orientation, advice for solo a Lawyer and to other resources for the public. embarked upon a program to practitioners and small firms, enhance racial diversity in the city’s more continuing legal education The website symbolizes the changes to the CBA legal profession. The program’s programs (especially after CLE wrought by technology. In 1978, Bar Briefs carried an goal was to get law firms to hire became mandatory in 1989), a trial item on scanning—not the scanning with which we are minority law students as clerks and advocacy program, free access to familiar today, but “the technique of text editing where to provide training and support to the Fastcase research service and the dictator or author generates drafts that are typed on improve their chances of success. professional liability insurance. any Selectric typewriter” and a hand-corrected draft “is In 2000, the CBA elected its first fed into an OCR [optical character recognition] device,” black president. The next year the One venerable institution that which then “interfaces to a word processor that swiftly CBA joined another cooperative disappeared was the noon and accurately reduces it to copy ready for signature.”xx effort intended to increase hires of luncheon. For decades, the weekly Soon, personal computers would render the Selectric A Note on the Sources minority attorneys by local firms, events had promoted learning obsolete. In 1986, the CBA decided it was time for a The chief sources for this article are the Ohio (State) Bar Association Reports the Managing Partners Diversity and collegiality. However, as the standing committee to keep track of, and educate (Ohio BAR), Columbus Bar Briefs, and the Columbus Dispatch. Unfortunately, the CBA records held by the Ohio History Connection, including minutes from 1869 Initiative. Within four years, the number and activity of substantive its members about, the impact of rapidly changing through 1975, are currently inaccessible due to construction at the OHC library. Columbus Dispatch pronounced the program a success, law committees increased, and as committee meetings technology on the legal profession. The committee To keep the endnotes to a reasonable number, notes are provided only for direct as the number of minority attorneys in participating didn’t last, but other committees took up its concerns. quotations. Anyone who needs the sources for other information may contact fulfilled the social and educational functions of the the author at [email protected]. firms had more than doubled. luncheons, the need for the luncheons faded. The growth of CLE programs, the shift of law offices away Bar Briefs itself changed in 1986, becoming a quarterly i OHIO STATE JOURNAL (Columbus), Feb. 4, 1869, At 5. ii 1 WILLIAM ALEXANDER TAYLOR, CENTENNIAL HISTORY OF COLUMBUS AND In addition to the move to new quarters, 1984 witnessed from downtown and the rising cost of luncheons also supplement to the Daily Reporter. In 2007, while still a FRANKLIN COUNTY, OHIO 260 (1909). the CBA’s incorporation, an act prompted by the desire contributed to the demise of the old noontime get- supplement to the Reporter, it turned into the Columbus iii JACOB H. STUDER, COLUMBUS, OHIO: ITS HISTORY, RESOURCES, AND PROGRESS 467 (1873). to ensure the Association’s continued tax-exempt togethers. Bar Lawyers Quarterly, a slick and substantive journal iv Id. v COLUMBUS EVENING DISPATCH, Apr. 12, 1886, At 4. status. Concerned about the amount of taxable revenue that appeared in print for a decade before becoming an vi Earl F. Morris, The Organized Bar In Columbus, 24 OHIO B. ASS’N REP. 504, 506 (1951). generated by publication advertising, secretarial exclusively electronic publication accessible on the CBA vii COLUMBUS EVENING DISPATCH, May 8, 1894, At 7. The CBA’s public services in the early 1980s included viii COLUMBUS SUNDAY DISPATCH, Feb. 8, 1914, At 3. placement and training and other sources, the CBA judicial preference polls, studies of the local courts, the website. ix 13 OHIO B. ASS’N REP., At 72–73 (1940). x 19 Id., At 520 (1946). reorganized as a not-for-profit corporation, with the lawyer referral service and public education (including a xi 5 COLUMBUS B. BRIEF, July 11, 1949, At 3. for-profit Columbus Bar Services, Inc. as a wholly- In 1990, with the University Club building scheduled for xii 82 ANN. REP. A.B.A., At 110 (1957). television show called “The Judge”). All of that activity xiii 32 OHIO ST. B. ASS’N REP., At 749 (1959). In 1976, In Response To Changes In owned subsidiary. The constitution in effect became the would continue. Television shows have come and demolition, recently mandated CLE, committee meetings State Law, The Merger Would Be Undone And Civil And Criminal Functions Would Be Handled By Separate Entities. corporation’s code of regulations. gone, but today, CBA volunteers still offer televised on the rise and a staff of around 30 serving more than 3,500 xiv 20 Id., At 290 (1947). members, the CBA moved into new, larger quarters at 175 xv 32 COLUMBUS B. BRIEF, May 1977, At 4. advice on “Ask the Attorney.” xvi Texas, New York, New Jersey, And Other Bar Associations Enjoy New Buildings Public service has taken other S. 3rd Street. There, it had sleek new offices and plenty of And Offices, 37 J. AM. JUD. SOC’Y 136, 146–47 (1954). xvii See, E.G., COLUMBUS EVENING DISPATCH, Dec. 12, 1960, At 6B. forms as well—for example, pro space, including a training room that could seat 100 and a xviii 40 COLUMBUS B. BRIEF, Feb. 29, 1984, At 2. courtroom for mock trials, hearings and other purposes. xix http://Www.Columbusfindalawyer.Org/What_Is.Php bono services for the homeless xx 34 COLUMBUS B. BRIEF, October 1978, At 7. and a People’s Law School consisting of four weekly two- The financial crisis of 2008 hit lawyers along with everyone hour classes. The CBA became else. That contributed to a drop in CBA membership from a pioneer in alternative dispute a peak of about 5,000 to a current count of 4,746, and it resolution, sponsoring a presuit may have accelerated a trend toward a reduction in staff tort mediation pilot program and that set in after 2000. But the CBA is now flourishing in its an annual “settlement week” modern offices, its membership rolls holding steady, its in which members mediated staff recently increased from 17 to 19, its finances on solid David M. Gold, Esq. The original signatories of the Managing Partners’ Diversity Initiative, in 2001 conflicts in an effort to unclog ground and its future bright enough for the CBA to look [email protected] forward to its bicentennial. 58 | Columbus Bar Lawyers Quarterly Spring 2019 59 | Columbus Bar Lawyers Quarterly Spring 2019 Spring ‘19: 150th Anniversary In many respects the practice has changed, some for the better and some not. For most of us, the practice Musings of an of law has been challenging, demanding and all-consuming! OLD PRACTITIONER • most of us knew almost all other practitioners or • the Columbus Bar Foundation was in its infancy. byVE DICK L. LO LAND their reputations. Knowing of their professionalism, During my years of practice, it has raised, through we would accept their commitments and contributions and investments, over $8.8 million, concurrences without question. A fellow lawyer’s expended over $4.6 million in legal good works and Articles in Legal Connections and “Reflections from the Bench” prompted me to present word was binding, and such things as agreements has a current endowment of over $4 million! or continuances didn’t need filings or paper to you a few musings from a practitioner. At age 88 and in my 62nd and probably final • lawyer advertising was non-existent. Clients confirmations. year of practice of law in Central Ohio, I thought it appropriate to muse about the old came from referrals by others, reputation and law times and changes in the practice. • virtually every attorney had a library consisting of directories. an encyclopedic set, such as Ohio Jurisprudence, • professionalism and a compendium of I remember when: was a given, Ohio’s statutory law. and we all • gas was 30 cents a gallon and cigarettes 25 cents • you didn’t have to know how to type; all our written In addition, each wore coats a pack. work was typed by “Tillie the Toiler” (the secretary), of us was blessed and ties on and all you had to do was to dictate to or talk to monthly with the • we all worked at our offices at least six-and-a-half workdays and Tillie in a machine and let Tillie type the product. “green book,” a days a week. suits for court • you didn’t have to worry about punctuation or compilation of • the words of most songs were understandable. appearances. syntax, and sometimes organization. Tillie would recent written Ohio opinions, legislative • you made a telephone call and actually reached the take care of that. In many respects the practice person you were calling. enactments, pending • copies were made on a wet-process mimeograph legislation and current bar has changed, some for the better and • you didn’t get called by politicians, solicitors or machine (what a mess) or by carbon copies happenings. These publications gave us the some not. For most of us, the practice of law con-men. (the third copy, usually the file copy, was almost ability to keep up, at least cursorily, with legal has been challenging, demanding and all-consuming! illegible, and faded after about six months so as to developments outside of our usual areas of Nevertheless, and maybe because of these attributes, be unreadable). practice! most of us have truly enjoyed the practice, feel we have been fortunate and privileged to have been able to • there were no such things as Snopake or Wite-Out • the explosion of the participation of women participate and lucky to have been a part of the central correcting fluids, or Selectric or memory retaining and minorities in the practice. In my law school typewriters, so changes meant erasing (gumming graduation class of about 90 there were three Ohio legal practice experience. up the typewriters) or retyping. women and one African-American. • life was in some aspects much simpler than now. • the Columbus Bar Association met weekly for No car phones, computers or faxes. lunch and most of us attended. We have been • fees were established by “minimum fee schedules,” blessed over the years with a bar association with outstanding staff and lawyer leadership. created by local bar associations or “community Dick Loveland, Esq. practice.” The minimum fee for hourly-based fees • our Association’s committee chairpersons were Loveland Law, LLC was $20 per hour in 1957, $25 per hour in 1967 and referred to as “Chairman” or “Madam Chairman.” [email protected] $35 per hour in 1970.

60 | Columbus Bar Lawyers Quarterly Spring 2019 61 | Columbus Bar Lawyers Quarterly Spring 2019 Life Outside the Law Instead of approaching networking as looking to receive something, try thinking about things Networking: you can give. Consistently being on the hunt for Its Role in Attorney Wellbeing something is an uphill battle that leads to exhaustion, burnout and eventually abandonment. BY scott r. mote, Esq. and Stephanie hanna, Esq.

Networking plays an important role in the overall wellbeing the pressure off. Consistently look of attorneys. Building and maintaining relationships is a vital for easy wins by meeting one to part of an attorney’s career – and the ability to form lasting connections is a three people each time you are being intentional about building skill that pays off professionally and personally. If you find yourself struggling new relationships. with the art of networking, follow these tips: Be confident! Shift your mindset Think: Long-term, not short-sighted Real Estate Appraisals • Expert Testimony Relationships don’t just need to be built, they need Networking events can be more Shifting your mindset before getting into the strategies of to be maintained. Look at networking as a long-term awkward than meeting the parents, Thomas R. Horner, MAI but if you remain confident in your networking makes a huge difference. investment into your professional development. This mindset shift helps you recognize the amount of approach, the event will be an Think: Giver, not taker work required to maintain relationships and that it is enjoyable and beneficial experience. 201 Bradenton Avenue • Dublin, OH 43017 supposed to take time to nurture and develop strong Instead of approaching networking as looking to receive Be the friendly face Phone: 614-791-0038 something (e.g., a job, a client, more business), try relationships. thinking about things you can give (e.g., a connection, Instead of looking for the friendly Email: [email protected] face, get comfortable being the book recommendation, a resource). Consistently being Think: Quality, not quantity www.ohiorealestate.org friendly face. Look for the person on the hunt for something is an uphill battle that leads Instead of trying to meet every person at every event to exhaustion, burnout and eventually abandonment. standing alone and strike up a you attend, focus on making connections with just a conversation or invite them to join few people. This mindset shift makes networking less your group. This tactic instantly When you are a giver, people want to help you in return. when to end it and have a few overwhelming, makes the goal attainable and takes takes the pressure off and gives Stay upbeat key phrases lined up: “So glad we you something to focus on if This is a social event, so keep it light connected,” or, “It was great catching approaching others makes you and positive. Don’t complain about up. I have a few other people to catch uncomfortable. work, and never talk negatively about other colleagues, clients or up with.” Have a list of prepared topics anyone. The world is much smaller than we think, and you never know Practice Develop a list of topics to talk about how others are connected. Practice delivering a few rehearsed and think about your answers to lines with confidence. Whether it’s these questions. Think of your favorite with someone you trust, the mirror podcasts, vacations and books ahead Make a graceful exit or in the car on your way to the party, of time so you’re prepared to make It can be awkward when having taking the time to practice is one of recommendations, ask questions nothing else to talk about and the smartest ways to invest in your and be comfortable without fear of attempting to make your exit. Know professional development. running out of things to say.

62 | Columbus Bar Lawyers Quarterly Spring 2019 63 | Columbus Bar Lawyers Quarterly Spring 2019 Instead of looking for the friendly face, get These webinars are free for CBA members comfortable being the friendly face.

Build networking into One-Hour your day If you want to build your client base, get referrals, establish WEBINARS your brand and be a better professional, networking is required. But when you’re already busting your tail to do for Columbus Bar members your job, be involved in your community, stay somewhat healthy and maintain your personal relationships, networking often falls to the bottom of the list. Here are three easy ways to make networking part of your routine.

Networking can happen anywhere As a feature of the Practice Management Center (www.cbalaw.org/PMC), the Approach the people you are already interacting with as Columbus Bar is offering one-hour, live webinars on topics related to technology and opportunities to build networking relationships. Say hello the practice of law. These webinars are available to CBA members only, at no charge. to the person in the elevator, strike up a conversation with another parent at your kid’s basketball game, make Schedule it Presenters are legal technology experts from Affinity Consulting Group. a friend at the gym. It may sound insignificant, but one Don’t forget to add networking into your calendar. of the biggest mistakes people make when networking Schedule a recurring appointment to write thank-you Thursday, March 7, 2019 (2-3pm) Thursday, May 2, 2019 (2-3pm) is turning it into something much harder than it is. Just notes, to scour publications for articles your contacts start connecting with the people already around you! might like or to look for ways to congratulate colleagues 60 Legal Tech Tips, Tricks, Gadgets The Evolution of Speech on their accomplishments. Spend the allotted time & Websites in 60 Minutes Recognition Software—You Won’t Do what works best for you focusing on these tasks, just as you would anything else Believe How Good It Has Become on your appointments list. Would 10 minutes a day or an hour once a week be Thursday, March 21, 2019 (2-3pm) Thursday, May 16, 2019 (2-3pm) best? Think about your current routine and what makes Technology and Business the most sense. Often, we feel like we have to do what’s Networking doesn’t have to be a chore. These tips can Planning for a Law Firm Microsoft Word Power Hour working for someone else because we think that’s our help you feel more confident as you build relationships. only option. That’s the first way to turn yourself off from The more you do it, the easier it gets. a task! Think of the easiest way to build networking into Thursday, April 4, 2019 (2-3pm) Thursday, May 30, 2019 (2-3pm) your day, and build a plan around that. Microsoft Office 365 in a Law Firm or Legal Department The Devil Is In The Details— How to Map and Fix Your Law Office Processes Thursday, April 18, 2019 (2-3pm) Email is Killing Me www.cbalaw.org/PMC

Scott R. Mote, Esq. Stephanie Hanna, Esq. Executive Director DETAILS AND REGISTRATION The Other 85 Ohio Lawyers Assistance Program [email protected] [email protected] There is no cost to attend but you must register for each webinar to receive the link to participate. Visit www.cbalaw.org/PMC and click on the Webinars link to learn more about each session and to register. 64 | Columbus Bar Lawyers Quarterly Spring 2019 assisted as needed. When she was in high school, Life Outside the Law she directed the church’s plays and oversaw set and costume design. Chanda also taught computer graphic design techniques to the senior members of her church.

Lawyers She returned, after graduating from Alabama State, with to attend law school at the University of Dayton (J.D. 2006). She was hired as a staff attorney to Federal Artistic License: Judge Mosser, who handled U.S. Department of Labor cases. She and her husband, Robert, moved to Columbus two years later and she began working for a Chanda L. Brown local personal injury firm, where she quickly moved up to head their litigation department. BY HEATHER G. SOWALD In 2015, Chanda joined Sean Walton, a friend since elementary school, to form the downtown It’s not unusual for Chanda Chanda’s current crafting is When she has an law firm of Walton + Brown, LLP, handling L. Brown to rise at 4:00 a.m. wide-ranging. Her design and order for t-shirts, personal injury, civil rights and employment law printing creations are on t-shirts, she uses either cases. She has a passion, she says, to protect the and begin crafting in her dinnerware, invitations, marketing screen printing or rights of women and children. basement “Craft Cave”. It’s products and wall signs. She heat transfer vinyl a good time, she says, to also crafts items such as beaded for the personalization. Chanda will always be involved in crafting. She and her bracelet bands for smart watches. Chanda first creates a design for sister have an immediate goal to earn enough money concentrate on designing Her sister, Shilonqua, and she the product and then uses her Cricut from their crafting to purchase tickets to the Broadway and executing her projects. formed an online company, Custom computerized cutting machine show “Harry Potter and the Cursed Child.” She has Visions LLC (www.customvisionsllc. Chanda is ready a few to cut either a stencil or the heat more early morning trips to her “Craft Cave” in store, com), to market their creations and transfer vinyl. If she is using the she foresees, before this goal is reached. hours later to wake and take orders for small batches of vinyl, her Cricut burns the screen for feed her three- and five- personalized wares. Recently, she the printing and vinyl cutting. She designed and printed 20 t-shirts year-olds, Caleb and Ryla, says it might take her about an hour for a high school band. She has to create a design if only one color is and begin her work day as also made personalized items for used and about 15 minutes to apply a civil rights attorney. weddings, church groups and family the vinyl lettering to each t-shirt. reunions. When she is making customized plates, glasses or wall signs, Chanda designs and cuts a stencil to use for Chanda grew up in Dayton, the hand-painting the design onto each daughter of an IT specialist and item. an elementary school teacher/principal, Chanda grew up in Dayton, the daughter of an IT specialist and both of whom also craft. Her father, now an elementary school teacher/ principal, both of whom also craft. into photography, built props and sets for Her father, now into photography, built props and sets for their church their church plays, and her mother made plays, and her mother made clothing, clothing, costumes and art projects. costumes and art projects. Chanda Heather G. Sowald, Esq. and her siblings quickly learned Sowald Sowald Anderson these skills from their parents and Hawley & Johnson [email protected]

66 | Columbus Bar Lawyers Quarterly Spring 2019 Jury Verdicts Mr. Jerome’s employment. Mr. Defense Verdict. expert testimony. The jury found Jerome claimed that he was Consumer Sales. that Defendant had not made any not given an explanation for his material misrepresentations or Plaintiff Tim Flinn purchased a 2013 termination. Zenith denied that otherwise violated the Consumer Dodge Ram 1500 from Defendant anyone asked Mr. Jerome to inflate Sales Practices Act. Claimed Performance Chrysler Jeep Dodge his students’ grades. Rather, within Damages: $32,072.80. No of Columbus on June 22, 2016 for Civil Jury Trials a month after school started, information about settlement $32,072.80. Mr. Flinn claimed that Zenith became aware that Mr. negotiations was available. Length Defendant’s sales staff made false Jerome was making errors in his of Trial: three days. Counsel for and misleading statements about Franklin County Common Pleas Court lectures and lacked control over his Plaintiff: Charley Hess. Counsel for the vehicle’s history including classroom. According to Zenith, Defendant: David Brown and John misrepresentations about prior by MONICA L. WALLER Mr. Jerome was not responsive to Camillus. Judge William Woods. repairs and providing him an their efforts to help him improve Flinn v. Performance Chrysler Jeep edited version of a CarFax report, $96,595.20 Expert: None. Length of Trial: four Expert: None. Length of Trial: two and his performance continued Dodge, Case No. 16CV08-7604 which omitted the fact that the days. Counsel for Plaintiff: Gregory days. Counsel for Plaintiff: Ross A. to deteriorate. Therefore, Zenith (2018). ($21,595.00 economic; vehicle had been purchased at B. Mathews and John M. Gonzales. Gillespie. Counsel for Defendant: was forced to terminate his 75,000.00 non-economic). auction. Mr. Flinn also claimed Counsel for Defendant: M. Jason Daniel M. Best. Magistrate Pamela employment. Cross-motions for Automobile Accident. that the staff assured him that Founds. Magistrate Jennifer Hunt. Browning. Teddy Begashaw v. summary judgment were denied on the odor of cigarette smoke in the On Aug. 30, 2014, Plaintiff Amy Amy Peterhaensel, et al. v. Shreya Shewalem Tebeka Bekele, et al. the basis that there was a factual vehicle would be removed through Peterhaensel was driving with V. Reddy, et al. Case No. 16 CV Case No. 17 CV 3081 (2018). dispute about whether Mr. Jerome a special process to be performed her family westbound on I-70 008138 (2018). was terminated for cause. Claimed by the dealership. According near downtown Columbus when Defense Verdict. Damages: $24,000. No information to Mr. Flinn, he relied on these traffic came to a stop. She was Verdict: $2,984.00. about settlement negotiations was Employment. representations when purchasing able to stop her vehicle, but was Automobile Accident. available. Length of trial: three rear-ended by a vehicle driven In July of 2016, Defendant Zenith the vehicle. However, the odor was On June 21, 2016, Plaintiff Teddy days. Counsel for Plaintiff: Mark by Defendant Shreya Reddy. Ms. Academy hired Plaintiff Georges not removed and the vehicle had Begashaw was at the intersection A. Weiker. Counsel for Defendant: Peterhaensel complained of pain in Jerome as a math teacher for the same mechanical problems of East Broad Street and Noe Bixby Kimberley A. Doucher. Judge her head, neck and back, and was the 2016-2017 school year. that Defendant told him had been Road in Columbus when his vehicle Chris A. Brown. Georges Jerome transported from the scene to the Mr. Jerome signed a one-year repaired. Defendant disputed that was struck by a vehicle driven v. Governing Authority of Zenith emergency room for treatment. Ms. teaching contract. The contract its sales staff made any material by Defendant Shewalem Tebeka Academy, Case No. 17 CV 001953 Peterhaensel was later diagnosed indicated that employees of Zenith misrepresentations about the Bekele. Mr. Begashaw claimed to (2018). with a labral tear in her left Academy were “at will” employees vehicle. Neither side presented have suffered injury to his neck shoulder, which required surgery. and that the school board could and back for which he received Her orthopedic surgeon testified extend the one-year contract at treatment from a chiropractor. Section Sponsored by Spectrum Reporting, LLC that the injury was caused by the its discretion. The contract also Defendant Bekele did not dispute automobile accident. Defendant provided that Zenith Academy that his negligence was the cause Ms. Reddy did not dispute liability, could terminate an employee’s of the accident, but disputed Mr. contract if enrollment did not meet ATTENTION LITIGATORS but contested Ms. Peterhaensel’s Cleveland Begashaw’s claim of injury from claim that her shoulder injury was expectations or if the teacher failed Want better case continuity throughout the state? the relatively minor impact. The jury related to the accident. Medical to renew a teaching certificate. Mr. We’ve got you covered. If it’s green on the map, awarded a portion of the claimed Jerome alleged that, shortly after Specials: $76,588.42 ($22,567.37 our staff reporters will travel there free of charge. Columbus medical bills, but nothing for pain accepted as payment). Last the start of the school year, he was and suffering. Claimed Damages: Wherever you are, Spectrum Reporting is here for you. Settlement Demand: $114,000.00. approached by Zenith’s principal $3,284.00. No information about Call us today or click this banner to learn more. Cincinnati Last Settlement Offer: $3,000.00. and another employee and was settlement negotiations was Plaintiff’s Expert: Michael Willard, asked to improperly inflate his available. Plaintiff’s Expert: John M.D. (orthopedist). Defendant’s students’ grades. He refused. In Stuart Riddel, D.C. Defendant’s early November, Zenith terminated www.spectrumreporting.com • Toll free: (800) 635-9071 • Local: (614) 444-1000

68 | Columbus Bar Lawyers Quarterly Spring 2019 2018 Year in Review Auto Accident Jury Trials, 2018 • Eight of the nine auto accident trials ended in plaintiff’s verdicts. Based on data collected • The damages awarded to plaintiffs ranged from approximately $1,400 to from the Franklin County $100,000. The mean of the verdicts was $33,353.87. The median verdict Clerk of Courts Office, the was $18,380. following statistics have • There were three cases with verdicts below $4,000. In two of those cases, been compiled which the juries awarded nothing for noneconomic damages. In the third, the provide a snapshot of civil noneconomic damage award was $50. In the cases with verdicts over $4000, jury trials for 2018: the non-economic damages awards varied significantly. In one case, the jury awarded the plaintiff noneconomic damages that were approximately ten times Juries rendered verdicts on the economic damages. In the remaining cases, the noneconomic damage 34 civil actions in 2018. award ranged from 15 to 77 percent of the total verdict. Like what you’re reading? Follow us on Issuu (By comparison, there were 43 civil jury trials in 2017, By comparison: and never miss an article! 37 civil jury trials in 2016, Auto Cases 2018 2017 2016 2015 2014 2012 40 civil jury trials in 2015 and 65 civil jury trials in # of jury trials 9 16 13 13 24 2014.). https://issuu.com/columbusbarlawyersquarterly % of all civil trials 26% 37% 35% 33% 37% The highest verdict was % Plaintiff’s $24.5 million and was verdicts 89% 75% 62% 78% 75% awarded in a medical Range $1,400- $2,000- $3,087.05- $1,655- $1,100- malpractice case. $100K $850K $10.9M $85K $140K

Mean $33,353.87 $150,973.18 $1,383,118.19 $29,130 $26,146 There were nine automobile Coming in July 2019 accident cases tried in Median $18,380 $15,000 $17,826.83 $16,734 $12,415 2018. Although that was more than any other type Lawyer Mental and Physical Wellbeing of case, it was the lowest Medical Malpractice Jury Trials, 2018 number of automobile • Six medical malpractice cases were tried to verdict in 2018. In two of those cases tried in the last five cases, the plaintiff prevailed. years. The average number of automobile cases tried By comparison: per year for the five years previous to 2018 was 16. Med Mal Cases 2018 2017 2016 2015 2014 The number of medical For advertising opportunities in Columbus Bar Lawyers Quarterly and other Columbus Bar publications, contact Leslie Klenk at Burgie MediaFusion: (614) 554-6294 or [email protected]. malpractice cases tried was # of jury trials 6 8 10 11 16 also down. There were six % of all medical malpractice cases civil trials 18% 19% 27% 28% 25% tried in 2018 as compared % Plaintiff’s 33% 25% 50% 9% 19% to the 10 per year average verdicts for the previous five years. * The list of civil trials was derived from a list of cases for which jurors were requested from the Franklin County Clerk of Courts Office Columbus Bar Association 175 S. Third St., Suite 1100, Columbus, OH 43215 LAWYERS (614) 221-4112 • www.cbalaw.org Monica L. Waller, Esq. QUARTERLY Lane Alton & Horst [email protected]

70 | Columbus Bar Lawyers Quarterly Spring 2019