Columbus Bar LAWYERS Winter 2021 QUARTERLY
This issue of Columbus Bar Lawyers Quarterly examines Digital digital law: Zoom depositions, videoconferencing etiquette, and a perspective on the remote bar exam. Plus, look inside for an analysis of potential Biden administration immigration policies, an update from the Ohio Tenth District Law Court of Appeals, book reviews and more.
A publication of the Columbus Bar Association • www.cbalaw.org Table of LAWYERS Contents QUARTERLY Winter 2021
President’s Page Winter ‘21: Digital Law Columbus Bar Association Reflections of a Virtual President: Editorial Board After 50 years, can 4 Zoom Ethics and Common Sense Improvise, Adapt and Overcome 30 Advice for Lawyers we keep our edge? Rob Erney Charles Kettlewell Chair Are Remote Depositions Here to Stay? Melanie Tobias Bar Insider 34 Angie Starbuck Board Members Lawyers Suck at Apologies: Gwen Bocher Can we keep innovating? 8 Bar Prep During COVID: A Lawyer’s Empathy Reform in Legal Writing 38 Perspective Damon Durbin Ashley Johns Mark Lewis Katherine Silver Kelly Tami Kamin Meyer All Hands on Deck at the Tenth Janyce Katz 11 District During COVID-19 Zoom and Its Impact on Litigation: Garth Rowbotham 42 One Local Litigator’s View Doug Vonderhaar Hon. Julia L. Dorrian Can we continue to lead? Tami Kamin Meyer
It’s a Small World Student Section Editor 16 Immigration Law in the Brianna Antinoro Can we get better? Time of Biden 46 What I Wish I Knew Before I Started Kyle Knapp and Kevin Rouch Law School Design/Production Hannah Travis Sarah Curran
Points of Practice Life Outside the Law Santa in Pandemic Times Lawyers with Artistic License: Columbus Bar Association 20 Anonymous 52 Deborah McNinch 175 S. Third St., Suite 1100 Columbus, OH 43215 Heather G. Sowald 24 Pardon Power (614) 221-4112 Piece of cake. Hon. Laurel Beatty Blunt Getting Your Mind Off of 2020 at www.cbalaw.org 54 Least for a Few Hours Janyce C. Katz Bar Happenings How to Save a Life 58 Scott Mote 28 Photo Gallery and Celebrating over 50 years of finding the truth. The truth is, being an industry leader Calendar of Events Book Review: Soul Full of Coal is never easy. In over 50 years, S-E-A has pretty much done it all. Forensic engineering 62 Dust: A Fight for Breath and Advertising Justice in Appalachia Burgie MediaFusion and investigation. Vehicle testing and safety. Consumer product testing and health (614) 554-6294 Paige Kohn sciences. Just to name a few. And we do it all with the best talent and technology in [email protected] the business. So, yeah. We’ll blow out some candles. And we’ll eat some cake. Then we’ll get back to working on the next 50 years. Jury Verdicts NOTICE: Statements or opinions expressed herein are those TH Civil Jury Trials, Franklin County of the authors and do not necessarily reflect those of the 66 Common Pleas Court Columbus Bar Association, its officers, board, or staff. Any statements pertaining to the law contained in this magazine are Know. Monica L. Waller intended solely to provide broad, general information, not legal advice. Readers should seek advice from a licensed attorney +1.800.782.6851 SEAlimited.com with regard to any specific legal issues.
© 2021 President’s Page We are lawyers and we have a resilient legal Reflections of a community. We have never backed down from Virtual President: challenges before, and we will not back down now. Improvise, Adapt and Overcome In early May, the decision was made to hold our home to support the educational needs of their children. annual meeting virtually. I was relieved and overjoyed. Working remotely is on the rise with many businesses, by ROB ERNEY Almost 5,000 invitations were sent out by email. It was and lawyers working outside of the office will probably a beautiful ceremony that went off without a hitch. I become a permanent staple in our legal community. I could not wait for 2020 to arrive. I knew had been put in place by delivered my remarks virtually from my office with my the governor, it was clear to all family and staff around me. It is highly likely that lawyers and law firms will re- I would finally achieve my dream of being of us that the annual meeting was in jeopardy. evaluate their need for office space. With the use of sworn in as President of the Columbus Bar From that day forward, I have never looked back. I current technology, lawyers can practice very effectively completely changed my attitude about the situation. on a remote basis and I suspect we will see commercial Association. I am an extrovert, a people Our annual meeting was canceled on May 1. That was a defining moment for me. On that day, I knew that, I have embraced my virtual presidency with joy and rents being lowered across our city. Productivity, person and the consummate face-to- more likely than not, I was going to be the first virtual enthusiasm. I have felt tremendous support from our efficiency, quality of life and health issues make working face guy. I was so excited about all of the president of the Columbus Bar Association. At that executive director Jill, the staff, the Board, the officers remotely very attractive. point I was not sure what I was going to do, but I knew I and the membership. Being a virtual president has personal appearances, receptions, events had to improvise, adapt and overcome. afforded me the opportunity to reach out and touch the Client meetings and depositions are now routinely and board meetings. I felt that I was at lives of members in a way I never could have otherwise. being conducted via video conferencing. Documents Being a virtual president is the best thing that could can be sent to clients via DocuSign or other electronic the peak of my professional career. have ever happened to me. signature applications. With the number of coronavirus cases increasing, law firms have successfully changed I am also very proud of how well the CBA staff has the way they are doing business. In March 2020, Governor Mike DeWine declared a state operated during the pandemic. We have maintained of emergency and shut down the state of Ohio for all our membership and all of our benefits, resources and non-essential businesses. Although we as lawyers services are available remotely. All of our committees were determined to be essential, my staff and the others are meeting via Zoom and we have noticed an uptick in my building no longer felt comfortable working at the in attendance. We have successfully developed several office. We began the process of working remotely and different avenues of non-dues revenue, including communicating daily through Zoom and GChat. After a our Notary Public program with background checks, couple of weeks, we settled into our work protocols and our insurance agency and our growing probate bond things began to run smoothly. business.
The Columbus Bar Association closed its doors on Our Columbus legal community has also done an March 13, and the staff began working remotely from exemplary job of improvising, adapting and overcoming home. I was hoping that the closure of the CBA offices obstacles created by the coronavirus pandemic. would only last a couple of months. I was looking forward Although most law offices remained open during the to being sworn in as President at our annual meeting pandemic, many lawyers and their support staff worked scheduled for June 11 at the Sheraton. In mid-April, I from home for at least a period of time. Many of those was advised by Jill Snitcher, our Executive Director, that working from home were parents of school-aged a decision would have to be made soon regarding the children, who were required to learn remotely. Working annual meeting. An event this size required appropriate from home afforded those lawyers and support planning and publicity. As more details emerged about staff the ability to work productively and be at the growing pandemic, as well as the restrictions that
4 | Columbus Bar Lawyers Quarterly Winter 2021 5 | Columbus Bar Lawyers Quarterly Winter 2021 Our state and federal court systems have certainly we will not back down now. On the contrary, we will rise felt the impact of the coronavirus. Courts have gone to the occasion and lead others through the hardships to staggered schedules and have conducted hearings of this crisis. We will continue to find ways to deliver and pretrials via video conference. Jury trials are being legal services to clients efficiently, effectively and safely. continued into 2021 and we do anticipate a serious backlog of cases. Justice is changing in America today, We will continue to improvise, adapt and overcome. Our and the court systems need us to help them devise new best days are ahead. Please know that the CBA has your ways to resolve civil and criminal cases. back and will help you through the challenges that lie ahead. Maintaining a positive attitude and a healthy perspective is absolutely necessary during the coronavirus pandemic. The Columbus Bar Association’s Health and Wellness Committee has been putting together Rob Erney, Esq. programs to respond to the needs of those experiencing Robert D. Erney & Associates Co., LPA depression and anxiety. Although the coronavirus [email protected] pandemic has challenged all of us, many opportunities have been born out of this crisis. We must remember that this is temporary, and because of it, we are experiencing tremendous personal growth. Vaccines have been developed which appear to hold great promise. 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Cornelius Jonathan Lawrence Hilton Nicole Pakiz George N. Vorys or Abigail N. Dalesandro Allison Hoyt Thomas P. Pannett Sonia Tanferi Walker Fall Spring Start Programs (Part-time) Hilary R. Damaser Margaret M. Huck Geoffrey Craig Parker Nicole E. Wannemacher Porothea Dennis Syed Ahmadul Huda Ryan Pelfrey Whitney Webster Summer Immersion Program (Full-time) Kristen M. Dickerson Sarah Clark Huffman Sara Radcliffe Keith Whann Lori Duckworth Pamela Izvanariu Jennifer M. Rausch Robert J. Yaptangco John Dunn Carol Marie Jonhenry Joseph James Recchie Georges S. Zeidan For questions about the MASTER OF LEGAL STUDIES or the PARALEGAL PROGRAM, please contact: 614-236-6310 or [email protected] 6 | Columbus Bar Lawyers Quarterly Winter 2021 Bar Insider on our empathy, our ability to understand and feel the other person’s emotions. Both sides must empathize Lawyers Suck with the other. Mutuality is key. Naturally, we all stumble with apologies. Whether giving or receiving an apology, we often feel angry, at Apologies: offended, indignant. We deny our misstep. We impute bad motives to the other. We might even relish our own resentment, holding onto the hurt too long for all its Empathy Reform in Legal Writing bitter-sweet salve. As much as this is true of human nature generally, it becomes even more pronounced in bY MARK LEWIS the fraught arena of legal practice, where emotions run hotter and consequences more dire. As a result, lawyers suffer special propensity to trip over the remorse, admission and reparation needed to successfully During an early courtroom scene in the The film cuts to Erin and her attorney, Ed, as land their or their clients’ apologies. Failure to set the agency responsibility combined with little to no control movie Erin Brockovich, the seemingly they flounce dejectedly from the courtroom. Erin lays conditions for apology is not typically the result of over the outcome makes for potentially unhealthy into Ed, castigating him on the way to the elevators for character defects but rather the consequence of some emotional mixtures. And we can’t ignore the reality demure, sweet-talking Erin undergoes not preparing her better for the cross-examination that unfortunate side effects or professional hazards in law that clients often come to lawyers carrying heavy cross-examination. The other driver ran a sunk the case. Ed sheepishly offers an exasperated and practice. emotional axes to grind against their perceived legal red light, smashed into her car and hurt her hollow-sounding, “I’m sorry.” To which Erin claps back enemies. that law schools must not teach lawyers to apologize We know those hazards all too well. For starters, we neck, she says, leaning gingerly toward the because Ed, “sucks at apologies!” Ed hangs his head carry the heavy burden of agency responsibility for our Lawyers also struggle with apologies because there jury in her cervical collar. She is winning and shrugs his shoulders as the scene ends. clients. That agency responsibility is our ethical calling. are many professional and institutional incentives for them over with her forlorn smile. It requires attention, care and diligence. Someone’s detachment, denial and disrepair in our legal system, A meaningful apology entails at least three ingredients. wellbeing rests in our hands. The consequences of our especially in the way we write to and about one another. inattention can be devastating to the client. Making The usual dynamic of legal writing in contested But then Erin falters when counsel attacks her motives First, we sincerely express our remorse. Second, we matters even more stressful is that we don’t control matters is to trade blame in highly formalized legal by implying that she’s merely gaming the system for admit our fault and the resulting harm we caused. Third, most of the important variables that determine the language that paints the other party as stupid, foolish money, another greedy plaintiff looking to get rich on we make it right. These three ingredients – remorse, outcome in any given case. We have little dominion or mean. This detached, stylized name-calling ignores a broken thumbnail. At this suggestion, Erin’s gentle admission and reparation – create the conditions over the facts, the parties, the court, the law and the the inevitable and often poisonous emotional valence mask drops; she loses her composure and shouts for contrition and acceptance, without which neither jury in those rare cases that go to trial. This profound that accompanies such accusations for both sides. We profanities across the courtroom at the opposing party is likely to feel satisfied. From sincere remorse lawyer and his client. Well before the camera pans to can come understanding and, if we are fortunate, the jury’s grimacing faces, we know her case is lost. forgiveness. This concept of apology ultimately rests Section Sponsored by API Security Services • www.apisecurity.us
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8 | Columbus Bar Lawyers Quarterly Winter 2021 9 | Columbus Bar Lawyers Quarterly Winter 2021 objectify and diminish the other side and vice versa, hallmarks of effective advocacy. Empathy helps us with both sides reacting defensively. Of course, none understand what motivates and drives the other parties Bar Insider of us wants to believe we or our clients are the bad in any legal transaction or conflict. Only through such people depicted in the legal briefs. Yet we are often too understanding can we hope to resolve the conflict quick to attribute depravity to the other side in our own or transaction on emotionally satisfying terms, in writing. And so goes the verbal blame game, a contest addition to legal, factual or financial ones. And it is the All Hands on Deck that is now set for its zero-sum conclusion: only we emotional dimension that most often undergirds the virtuous can win, the wicked other must lose. None of possibility of remorse and repair. which helps with apologies. at the Tenth District As we apply this mindset to our legal writing, we might In light of these troubling dynamics, how then can begin our next email, letter or brief by stating the most During COVID-19 lawyers become better at apologies? We can start by favorable version of the opposition’s emotions. Let’s acknowledging that apologies be as charitable as possible. don’t come easy in our Let’s attribute good faith, BY HON. JULIA L. DORRIAN business, and that we’re very good will and good meaning often hemmed in by our client’s to the other side. Let’s place legal interests that can remain ourselves in their emotional “The Tenth District Court of Appeals and the hard work, cooperation and dedication at odds with any admissions space. Consider beginning that have made those measures possible. of error. It is an unfortunate MEANINGFUL with, “You are right to feel . . .” continues to serve the people of Franklin reality of many disputes that or “I understand your feeling County during this COVID-19 public A Year Unlike Any Other Begins. an apology can too easily be APOLOGY: of . . .” or similar expressions interpreted as an admission of sincere, well-considered health emergency.” At the Tenth District, the judges rotate, year to year, of legal liability or weakness, empathy. We can also describe serving as the Administrative Judge (AJ) of the Court. remorse i neither of which are true. + what feelings animate our From day one of the coronavirus pandemic, this 2020 was my year. My term began in January, with an own writing or the emotional statement has been posted front and center at the Ohio Judicial College course on the Fundamentals of admission courthouse and on our website. We are still in the Serving as AJ. At the course, faculty presented on the To reform our legal writing, we valence of our client, not as + midst of this emergency, and many people have and topic of emergency continuity of operations planning begin with a counter-intuitive a perch from which to preach continue to contribute in significant ways to the (or COOP) and a resource that Chief Justice Maureen first principle: Lawyers must reparation our moral or legal rectitude, Tenth District’s efforts to continue serving the public O’Connor had recently mailed to judges across Ohio. start acting less lawyerly when but as an invitation to mutual while mitigating the risk of exposure to and spread of The resource: The Ohio Judicial Guide to Public they write. We should seek to empathy. Nothing further COVID-19. This article summarizes the measures we Health. The Chief Justice was clairvoyant. Throughout imagine the most charitable should be said until we’re clear have implemented to continue operations at the court, late January and February, national and local media version of the other side’s on how each side feels. We motives and interests, and then how they would feel should still advocate, argue and solve problems in our when reading our writing. We should tune our ethical writing as needed, among the other reasons we write imaginations to the likely emotional response of both as lawyers. Only now we do so from the perspective the lawyer and client to whom we write. By so doing, that invites all sides to emotional understanding even we seek a kind of “empathy reform” in our legal writing, while they might disagree. We thereby presuppose the the quality of understanding and even sharing the conditions for apology even if one never comes. In the feelings of another. We reflect back to our audience their heart of the disagreement or problem to be solved, we feelings. Such empathy is the basis for many, if not all, frame our legal writing with the implied preconditions of our moral sensibilities. It is what makes us decent. for remorse, admission and repair. We seek to give and receive empathy. Some might argue that empathy reform in legal writing threatens our duty of loyalty or advocacy to the client. It does not. It fosters the opposite. Empathy makes us better advocates. Empathy is another way of reminding us to simultaneously “know our audience” Mark D. Lewis, Esq. and the other side of the argument or case. Both are Kitrick, Lewis, & Harris, Co., LPA [email protected]
10 | Columbus Bar Lawyers Quarterly Winter 2021 11 | Columbus Bar Lawyers Quarterly Winter 2021 We are fortunate that the nature of our work and access to good technology has enabled most of our staff to I am immensely proud of our Tenth District staff, telework. But, as many of you know, teleworking has its own set of challenges – overcoming technology who have continued researching, analyzing, hurdles, adjusting to new routines, simultaneously overseeing remote learning or care for our children or drafting, editing, filing decisions and assisting litigants, family members in need and/or seeking quiet corners in our now crowded houses to conduct work without lawyers and the public during this COVID-19 emergency. (or at least with minimal) interruption. As we have implemented protocols and procedures to mitigate the risk of COVID-19, some of our staff have returned increasingly reported on the spread of the coronavirus Going forward, it was a full team effort among the to work on-site for limited periods as needed. I am strain that causes COVID-19. Tenth District judges and staff. Judge Klatt would immensely proud of our Tenth District staff, who have serve as point on COVID-related personnel matters; continued researching, analyzing, drafting, editing, filing decisions, and assisting litigants, lawyers and Following up on what I learned at the AJ course, Judge Brunner on developing a procedure for remote the public during this COVID-19 emergency. I discovered our court did not have an updated circulation of decisions; Judge Luper Schuster on COOP plan and that we, like many courts, had never working with our technology team to develop a secure contemplated continuance of operations in the event and reliable platform for remote oral arguments; It Takes a Village. of a pandemic. In February, I began reading the Ohio Judge Beatty Blunt on working with the Clerk of Courts Beyond the efforts of our judges and staff, the Tenth Judicial Guide to Public Health, drafting an updated regarding continued filing of notices of appeal, briefs, District’s COVID-19 response has relied on and COOP framework and learning as much as I could decisions and judgment entries, as well as transmission benefitted from the work of many other individuals and about COVID-19. of trial records; Judge Nelson on reviewing R.C. Chapter entities. 2501, the Rules of Appellate Procedure and our local rules to ensure our COOP and COVID-19 policies were Watchful Monitoring. in compliance; Judge Sadler on working with our The Chief Justice, other appellate In early March, Court Administrator Doug Eaton, magistrates and mediators to determine their needs courts and judicial associations, and Deputy Court Administrator Cindy Sgalla and I began for continuing their important duties; and Judge Brown monitoring the developing COVID-19 situation. on reviewing the Chief Justice’s tolling order and other the trial courts. The first week of March, we determined the staff state and federal applicable statutes.iv As noted, the Supreme Court’s Ohio Judicial Guide necessary to be present on-site to continue court to Public Health was the first resource I turned operations, surveyed staff and judges regarding their to in developing our court’s COOP and COVID-19 Court Administrator Doug Eaton, my judicial staff home technology capabilities for teleworking, began response. Throughout the pandemic, the Chief Justice attorney, Joseph Wenger, and Judge Brunner’s legal researching alternatives for remote oral arguments, and Supreme Court Administrative Director Jeff assistant, Leah Ferron, undertook herculean efforts and assigned the task of preparing general memoranda Hagler have continued to provide guidance through to enable our court to telework and conduct oral regarding legal issues that could come before our court administrative orders, notices and a database of arguments remotely. Court Administrators Eaton and as a result of COVID-19.ii On March 9, the Governor resources for courts. I conferred with and learned from Sgalla, Assignment Commissioner Nikki Scott and declared a state of public health emergency. many AJs from other appellate courts regarding their Judicial Secretary/Bailiff Kristie Frank have kept our responses to COVID-19. The Ohio Judicial College, the lights on and doors open, assisting pro se litigants Ohio Judicial Conference and the National Center for Implementing Our Response. and lawyers who have called the court or come to our State Courts presented invaluable webinars on the On Monday, March 16, the judges of the Tenth District, office. My former judicial staff attorney, Josh Kimsey, topic. I frequently participated in conference calls with some of whom had just returned from traveling, and legal assistant, Erika Schorejs, researched Ohio the AJs of the General, Domestic and Juvenile, and convened for the first of many meetings to address Department of Health orders, assembled COOP and Probate Divisions of the Common Pleas Court, and the safely continuing court operations in the midst of emergency contact lists, and edited administrative Franklin County Municipal Court to discuss COVID-19 COVID-19. At that meeting, the judges voted to orders. Our magistrates continued deciding original operations. Those trial courts, which have the most (1) require court staff to telework; (2) temporarily actions, and our mediators continued mediating.v consider all cases as submitted on the briefs unless direct contact with the public, have worked admirably oral argument was granted for good cause shown;iii in confronting the immense challenges presented by (3) begin preparations for remote oral argument; and the COVID-19 pandemic. I wholeheartedly commend (4) adopt the updated COOP framework. the trial judges and their staff for these efforts.
12 | Columbus Bar Lawyers Quarterly Winter 2021 Columbus Public Health, Franklin enable us to telework and conduct oral arguments remotely. Franklin County Clerk of Courts Maryellen County Public Health, and Ohio O’Shaughnessy and her Executive and Appellate Department of Health. Teams, led by Chief Deputy/Chief of Staff Angela At the Tenth District we have done our best to understand Mathews, Deputy Clerk Tammy Seelig, Director of information regarding COVID-19, reviewing orders and Legal Operations Torrey Taylor, and Appellate Division advisories from the Governor and the Director of the Ohio Manager Lyrinda Marcum, have ensured the continued Department of Health, and the Responsible RestartOhio filing and acceptance of notices of appeal, original plan, with special focus on recommendations for work actions and briefs, as well as our access to the trial in an office environment. Franklin County Public Health courts’ records (electronic and hard copy). COVID-19 has advised us on office and courtroom layout for has reminded us in a very stark way that access to the social distancing and PPE. I regularly monitored and courts is not possible without access to the clerk. reported to the judges on the COVID data and trends presented on the statistical dashboards of the health Members of the Bar. departments, particularly those published by Columbus Public Health and Franklin County Public Health. Many members of the bar in Franklin County have Franklin County’s unenviable position as first among assisted us in testing technology for remote oral Ohio counties in COVID-19 positive tests influenced argument and providing feedback regarding our Pursuant to our administrative orders, the court’s rolled over past midnight on Jan. 1. I am immensely our decisions regarding operations during COVID-19. I, continued operations during COVID-19. We have oral argument practice has evolved as the pandemic grateful to every person, who in the face of significant and Judge Luper Schuster have continued to monitor worked closely with counsel from the appellate has continued. From mid-March through April, we challenges, contributed to the efforts described in this developments in these last couple weeks of the year. divisions of the County Prosecutor, the Public considered cases as submitted on the briefs without article and innumerable other measures large and As we continue with this pandemic, then we will adjust Defender, the City Attorney and the Attorney General, conducting oral arguments. In May, we began small. Through all of these efforts, the judges and staff our response as appropriate. and we have consulted private practitioners informally conducting audio-only remote oral arguments upon of the Tenth District Court of Appeals have been able and formally. In early August, CBA Executive Director request, using the Zoom platform. Shortly thereafter, to ensure that “The Tenth District Court of Appeals Jill Snitcher organized a Zoom meeting of appellate in June, we resumed conducting oral arguments continues to serve the people of Franklin County during County Administrative Agencies. practitioners so we could seek input regarding the remotely in all cases, unless waived, continuing to use this COVID-19 public health emergency.” Critical to continuing to serve the people of Franklin remote oral argument experience and the eventual Zoom. In mid-July, we updated to the Zoom webinar County during COVID-19 has been the Tenth District’s return to in-person oral argument. We also sought input platform, allowing us to have audio and video for oral i Judge Betsy Luper Schuster begins her term as AJ of the Tenth District on January from the leadership of the Ohio State Bar Association. 1, 2021. close partnerships with Franklin County administrative arguments. From the time we resumed oral arguments ii In our COOP, persons required to be present on-site to continue court operations Practitioners’ input has been very helpful in developing are identified as “essential staff,” however all Tenth District staff have been essential agencies. The Tenth District consults frequently with in May, the court also provided live-streaming via to continuing to serve the people of Franklin County during this COVID-19 public Franklin County Commissioners John O’Grady, Marilyn our oral argument policies. YouTube so interested individuals could listen to health emergency. iii Upon Judge Nelson’s “eagle eye” review of Appellate Rule 22, we amended our Brown, and Kevin L. Boyce, and County Administrator or view the proceedings. We resumed in-person initial policy to granting oral arguments from “upon good cause shown” to “upon request.” Importantly, however, even though “upon good cause shown” was our Ken Wilson and Deputy County Administrator Kris Long, The Court’s Developing COVID-19 oral arguments on-site in September, requiring all policy in late March and early April, in practice we granted every request for oral Esq. Administrators Wilson and Long facilitate regular argument received during that time and conducted those arguments remotely in Response. attorneys and parties to wear masks during arguments. May. calls with county elected officials, court AJs and county As a result of the efforts of our judges and staff, and the However, we continued to use the Zoom platform as iv At the time, the Chief Justice had not yet filed the tolling order, which subsequently was made retroactive to March 9, 2020. agency leaders to update each other on COVID-19 resources and partnerships described above, the Tenth needed upon request for COVID-19 related reasons v In response to the Chief Justice’ tolling order, our mediation team, with Judge Nelson’s assistance, developed and implemented a pre-notice of appeal mediation process in matters. The County’s Public Facilities Management District has continued to refine and adjust its response and we implemented technology to facilitate remote addition to our existing post-notice of appeal mediation process. See our website at team, led by Deputy County Administrator Kris Long participation by a judge for COVID-19 related reason. https://tenthdistrictcourt.org/Mediation. to COVID-19. Since the Governor declared a state of vi See In re COVID-19 Emergency I, II, III, IV and V 10th Dist. No. 20AP-01 posted on our and Director Darla Reardon, has been working overtime public health emergency on March 9, acting as AJ, in We also continued to simultaneously live-stream the website at www.tenthdistrictcourt.org. installing plexiglass, procuring and providing PPE and 2020, I filed five administrative orders implementing in-person oral arguments on our YouTube link. In cleaning supplies, redesigning public counters and our court’s decisions regarding continued court November, with the significant increase in COVID cases office spaces to accommodate social distancing, operations and oral arguments.vi Unable to speculate and designations at Levels 3 and 4, we converted once and implementing policies for safe passage through what each month, week, or even day will hold in terms again to conducting all oral arguments remotely via security and in elevators. of COVID-19 in our community, the judges have made Zoom with live-streaming via YouTube. these decisions incrementally based on the latest Two other county offices also deserve special mention. statistics available, the latest health department orders A Final Thought. County Auditor Michael Stinziano (as Data Center or guidance, and the Chief Justice’s updated guidance. With my term as AJ coming to an end, I cannot help Chief Administrator) and County Chief Information We have also considered our technological capabilities, but reflect on how this year presented challenges that Hon. Julia L. Dorrian Officer Adam Frumkin, and his Data Center team, have each judge’s comfort level with using technology, and scarcely could have been imagined when the clock Tenth District Court of Appeals provided technological expertise and equipment to input from members of the bar. [email protected]
14 | Columbus Bar Lawyers Quarterly Winter 2021 15 | Columbus Bar Lawyers Quarterly Winter 2021 It’s a Small World Individuals and organizations will continue to look to immigration attorneys for guidance. The turbulent Trump Immigration Law years put immigration in the forefront more than ever, with the in the Time of Trump administration’s xenophobic view and lack of recall for how BIDEN much immigrants have contributed to this country. to Trump’s efforts to scrap Obama-era memoranda than the architecture that the current administration by Kyle Knapp and Kevin Rouch that prioritized the deportation of immigrants. created to pave the way for the Buy American, 4. The current bans on many non-immigrant Hire American Executive Order, President Biden (temporary, e.g., H-1B and L-1) and immigrant has expressed a more straightforward approach This article was prepared for publication before several regulatory (permanent/green card) visas, which ran to to support U.S. businesses. Specifically, the Biden changes in the waning hours of the Trump administration and before December 31 of last year, will likely not be renewed campaign stated that its emphasis will be on offering President Biden announced his comprehensive immigration reform bill. Perhaps the best way to examine this area is to break by President Biden.iii the immigration law prospects into those that may be tax credits, establishing offshoring tax penalties 5. The Buy American, Hire American Executive dealt with on a short-term, medium-term or long-term and closing offshoring loopholes, to support local Order, directing federal agencies to restrict lawful The new Biden administration has promised basis. businesses. to pursue a number of legislative and immigration, is expected to be rescinded.iv Rather regulatory initiatives, some reversing the Short Term efforts of the previous administration and 1. Look for a quick move to fully restore DACA some attempting to resolve large issues (Deferred Action for Childhood Arrivals), the program that shields from deportation some where consensus has eluded the federal 640,000 undocumented immigrants who were government for decades. President Biden has brought to the United States as children. The expressed that he intends to tackle an area Trump administration had terminated DACA, but the U.S. Supreme Court found that the termination that encompasses both types of initiatives: was done in an arbitrary and capricious manner, immigration law. in violation of the Administrative Procedure Act.i The administration’s response was to refuse initial applications but allow renewals while working on a new way to terminate the program in a manner that would survive court challenges. 2. The incoming administration is expected to rescind the travel and immigration restrictions set forth in a series of Executive Orders and Presidential Proclamations, on 13 countries, most of which are African or predominantly Muslim.ii 3. President Biden, while a candidate, announced that his administration will place a 100-day freeze on deportations, except in the case of undocumented immigrants who commit felonies. This is in response
16 | Columbus Bar Lawyers Quarterly Winter 2021 Photo: Gage Skidmore 17 | Columbus Bar Lawyers Quarterly Winter 2021 will not be implemented. This rule is a regulatory update to insert the agency’s years of rather New look. burdensome policies to deny H-1B visa petitions on grounds that the Same bank. employee’s education is not related to their job. In other words, USCIS Bigger promise. officers will point to the regulation rather than a policy memo in denying H-1B petitions.
- David Trautman, Long Term Chairman and CEO 1. Restrictive policy memoranda issued under President Trump will be revised or withdrawn, such as Bringing together our 12 banks one that eliminated deference to under a single brand name means prior approvals when adjudicating you get more access — with 100+ offices and ATMs in our network. an extension of an employee’s status and work authorization. 2. Even though the chance of Carolina Alliance | Century | Fairfield First-Knox | NewDominion | Richland passage is slight, comprehensive Second | Security | United | Unity immigration reform, including a path to citizenship for the estimated 11 million undocumented persons, 888-474-PARK • parknationalbank.com will find a place on the agenda of President Biden. Biden supported Trump have been negative, it forced 6. The annual quota for asylum seekers will likely rise. 2. The USCIS-proposed regulation to award H-1B the bipartisan comprehensive immigration attorneys to brush off In October of last year, the Pew Research Center lottery winners based upon the highest salaries, immigration package that passed their research and advocacy skills and reported that, under an admissions ceiling set by rather than done randomly, likely will not be the Senate in 2013, but failed become better practitioners. They now the Trump administration, the U.S. planned to admit implemented. The Trump Administration is furiously to get approval in the House of are poised to continue helping clients a maximum of 18,000 refugees in fiscal year 2020, scrambling to put this in place for the 2021 H-1B Representatives. as we once again prepare for change. down from a cap of 30,000 in the fiscal year that lottery, which will run in March. If implemented, the i Department of Homeland Security v. Regents of the v ended the previous month. new selection process effectively would prevent Individuals and organizations will University of California, 591 U.S. ____ (2020) Kyle Knapp, Esq. continue to look to immigration ii Executive Order 13769 (January 27, 2017; Executive Order employers from obtaining H-1B visas for entry- 13780 (March 6, 2017); Presidential Proclamation 9645 Knapp Law Co., LLC level employees. The new rule would be especially attorneys for guidance. The turbulent (September 24, 2017); Presidential Proclamation 9723 (April [email protected] Medium Term 10, 2018) problematic, because many organizations hire Trump years put immigration in the iii Presidential Proclamation 10014 (4/22/20), as amended 1. The Department of Labor regulation from October iv Executive Order 13788 (April 18, 2017) recent graduates, who have one to three years of forefront more than ever, with the v “Key facts about refugees to the U.S.”, by Jens Manuel 2020, promulgated pursuant to the previously- Krogstad, Pew Research Center (October 7, 2019) work authorization based upon their student visas Trump administration’s xenophobic mentioned Buy American, Hire American Executive and then require an H-1B visa to continue working. view and lack of recall for how much Order, that dramatically raised prevailing wages After just a year or two, few of those employees immigrants have contributed to this for H-1B visa and green card cases will likely be would have advanced beyond entry-level wages to country. Attorneys have scrambled withdrawn. A court already has put the regulation qualify for the H-1B lottery and, therefore, may be to decipher ever-changing rules and on hold, because the Trump administration did not forced to return to school to remain in the U.S. or go Friday afternoon Executive Orders to follow proper notice-and-comment rulemaking home. allay concerns and fears of clients and procedures but instead tried to ram through the new Kevin Rouch, Esq. 3. The USCIS-proposed regulation to restrict H-1B find creative ways to maintain family rule under the ostensible reason of protecting jobs Albeit Weiker, LLP visas to only persons with a university degree unity and continued employment. [email protected] in a time of high unemployment. that is “directly related” to the proposed job likely While much of the developments under
18 | Columbus Bar Lawyers Quarterly Winter 2021 19 | Columbus Bar Lawyers Quarterly Winter 2021 Points of Practice We ran out of red tape in 1982.
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The COVID virus and the rapid increase in Break free from red tape. dependence on artificial intelligence, smart Let us go to work for you. machinery and internet hit the workshop at LCNB.COM/WEALTH Christmas event”.ii This organization, which provides the North Pole just as these changes have access to insurance for members, also requires touched the lives of everyone else in the world. members to provide background information assuring the organization that they have no record of sexual iii Luckily, as Dr. Fauci explained to the world on Nov. or other crimes. The International Brotherhood of NOT A DEPOSIT | NOT FDIC INSURED | MAY LOSE VALUE Serving Ohio NOT GUARANTEED BY THE FINANCIAL INSTITUTION 20, 2020, Santa Claus has an innate immunity to the Real Bearded Santas has similar requirements for since 1938 © 2020 LCNB National Bank COVID-19 virus sweeping the world.i This meant that membership and also provides access to insurance he could enter and exit houses, delivering gifts and not and other benefits.iv This group also cancelled their worry about getting ill or giving this horrible disease organization’s all-member meeting originally scheduled along with the gifts. for September. Both groups have membership options seated behind plexiglass or other shields to better they will handle the contact and other information for Mrs. Santa Claus and assorted elves. Their goals are protect themselves and the children this year. But, of received from the Zoom calls and other internet contact However, the various Santa Claus associations around similar - to provide friendly laps upon which children sit, course, since all of us are on Zoom, Santa had Wi-Fi with children and others. As to the liability for the Zoom the world who lack innate immunity have had to be resulting in experiences that become positive memories installed at the North Pole and made Zoom available Santas if information is misused, perhaps the Fraud more cautious. For example, the Fraternal Order of for the children and their parents. to children, with various different access points (and and Abuse Act (CFAA), enacted by Congress in 1986, Real Bearded Santas, which describes itself as “a 501C different Santa stand-ins) so that Santa could even amending 18 U.S.C. § 1030 would be controlling. devoted to the professional claus”, a Santa group that So, this year, some Santa helpers and Santa stand-ins show up at board meetings or other events, as well “still believes a real beard is better” has postponed backed away from the Santa role to protect themselves as take orders for gifts from children. Prices varied for In late March of 2020, the head of Santa’s North Pole its 27th anniversary of its January “most prestigious and children from COVID-19. Still others have been contacting “Santa” via Zoom.v legal defense team, managing partner at Elf and Elf LLC, read a memo sent by Deputy Attorney General Jeffrey It is not clear that all Zoom Santa stand-ins have had Rosen to U.S. attorneys and federal law enforcement background checks, or have been evaluated on how agencies saying they should consider prosecuting It is not clear that all Zoom Santa stand-ins have had background checks, or have been evaluated on how they will handle the contact and other information received from the Zoom calls and other internet contact with children.
20 | Columbus Bar Lawyers Quarterly Winter 2021 21 | Columbus Bar Lawyers Quarterly Winter 2021 they, also, seemed to have an entirely different and more positive outlook on life. Santa was relieved about that.
The elves in the elf factory diligently churned out gifts for children throughout the world. A representative from World Against Toys Causing Harm, Inc. (W.A.T.C.H.) sent its list of the top 10 most dangerous toys on store shelves in 2020 to the head elf at the factory to encourage the elves to make or purchase only safe toys. The elves and Santa do not ever want to have any product liability would sue if Santa brought issues because any of their toys had been defectively the wrong size socks or toy? designed, built or labeled. “Never are we to have anyone If someone does, Elf and Elf say that ‘but for the defective design’ of that toy from the is ready to respond. elf factory, my child would have both arms,” Santa told the elves when countries started having laws that held All and all, Elf and Elf, LLC, has toy producers responsible for toy injuries to children. an excellent command of the legal issues surrounding “We have a duty of care for all children,” Santa said. Santa, Mrs. Claus and the various Elf factories with their Elf workers during this hard year of 2020. Elf and Elf long ago resolved the breaking and entry issue of Santa going down the chimney, as Santa has clearly Belated Ho Ho Ho and HAPPY NEW YEAR! vii been invited into the bulk of the homes. Santa has the i Adrianna Rodriguez and Grace Hauck Fauci says Santa has innate immunity. USA ability to slip into any chimney, no matter the size, so Today https://www.usatoday.com/story/news/nation/2020/11/20/covid-19-and- christmas-santa-immune-coronavirus-fauci-says/3777871001/ that there has never been a danger of him being stuck ii https://forbsantas.com/ iii https://forbsantas.com/joinus/default.html in a chimney. When he sticks to drinking and eating iv https://www.ibrbsantas.org/ibrbs_goals.html v https://www.islandernews.com/news/santa-zoom-boom-of-2020-zoom-with- whatever was designated for him, he cannot be accused santa-claus-this-christmas-what-does-it-cost/article_aaa6a67c-37c1-11eb-9b91- 37647060fdca.html of theft. His reindeer have special shoes on their feet, vi https://www.justice.gov/file/1262771/download plus they are magically light, being able to fly. No damage vii See, e.g., State v. Willis, 52 NC 190 (1859) certain “purposeful exposure or infection of others with the individual has been good or bad, Santa has relied, to roofs, nearby trees or wires can be blamed on them. COVID-19” under federal terrorism-related statutes.vi in part, on information gleaned from smart houses with While a dog may become unnerved by the arrival of a The last thing Santa wanted was to be prosecuted under cameras watching behavior and smart refrigerators strange contraption pulled by animals with which the one of the terrorist statutes for spreading a deadly virus that tell whether the person has been gorging on dog is not familiar, the dog’s barking or snarling would when delivering toys. He knew that such a charge would sweets or eating veggies by calling out what needs to not be a Santa liability, although a neighbor might find ruin his reputation and he would no longer be welcome be purchased, a signal Santa has picked up through his it a nuisance to complain about if it persists. And, who “Elf 57” in the homes of boys and girls. Honest Hacking Elf company. Elf and Elf has developed a Elf and Elf, LLC strong defense plan to fight against a privacy tort based When Santa was told about his immunity from COVID-19, on the hacking, if Santa’s access to this information is he was quite relieved. Seems that back in 1918, he had ever challenged. a bout of flu that was so serious that he could not make any of his store appearances and children had to rely on The reindeer seemed a bit off this year, draggy and a the U.S. Post Office to deliver their wishes to him. bit depressed. Rudolph’s nose had become extra red, unusual for him. In addition, he had developed a bit of With all the efficiency changes made in the post office, a cough. Not sure whether reindeer could or could not letters seemed to take longer to arrive. Some, having get the COVID virus or if it was just a fall allergy, Santa first been sent to the South Pole instead of the correct isolated him from the other reindeer for two weeks to be address at the North Pole, were late and almost missed on the cautious side and fed him warm corn with a bit the Elf Factory deadline for gift production. So, this year, of warm brandy in it. Rudolph seemed quite happy with Santa has been depending on e-mails as well as mail that arrangement and perked up rather quickly. Santa and other means of communication. To check whether tried the corn and brandy mix for the other reindeer and
22 | Columbus Bar Lawyers Quarterly Winter 2021 23 | Columbus Bar Lawyers Quarterly Winter 2021 Points of Practice
Build tomorrow. With technology Pardon for today. POWER The commercial industry is constantly evolving – just like your business. Megan Kosmo Darci Valentine by HON. LAUREL BEATTY BLUNT That’s why you need technology built to grow with you. Operations Manager Escrow Officer [email protected] [email protected] ™ ClarityFirst is the all-in-one technology solution for commercial 614.405.8673 614.405.8678 transactions. With a dynamic feature set developed specifically for The presidential power to pardon today’s commercial real estate professionals, we’re helping you build the Deborah Hummel Kevin Connor future – with unprecedented transparency, security and convenience. VP, Office Manager National Account Manager has made a lot of headlines lately, [email protected] [email protected] That’s it. That’s all it says. So, what does that mean? Find out more at ClarityFirst.com 614.405.8676 614.405.8681 so let’s talk about the president’s Some ClarityFirst features and/or property information may not be available in all areas. Not all features are available from your mobile device. Fees may apply where required by law. At a minimum, it means that the president has a broad First American, the eagle logo, First American Title, and firstam.com are registered trademarks or pardoning power. power to pardon individuals who have committed a trademarks of First American Financial Corporation and/or its affiliates. federal crime. The president cannot pardon someone ©2020 First American Financial Corporation and/or its affiliates. All rights reserved. NYSE: FAF 866.561.5047 q www.firstamncs.com What is a pardon? Simply and historically, it is for violating a state law (state governors have a similar considered an act of grace, which exempts an individual power to grant clemency for violations of state law, from the punishment the law inflicts for a crime he though), and he cannot issue a pardon related to a civil has committed.i There is a ton of history about the judgment or an impeachment. before Nixon was ever charged with a crime related to The Code of Federal Regulations outlines the procedure power to pardon, from early Greek history through pre- the Watergate scandal. and general guidelines for requesting and receiving independence English rule. We also know from the small number of cases analyzing a pardon. For example, generally, an individual must the extent of the president’s power to pardon that the An individual may reject a pardon, and acceptance of a wait at least five years after their conviction before The president’s power to pardon comes from the U.S. power extends to any federal offense, big or small.ii presidential pardon implies a confession of guilt.iv submitting an application for pardon to the Department Constitution, Art. II, Sec. 2, Clause 1, the Pardon Clause, of Justice’s Office of the Pardon Attorney. The president which says that the president has the “Power to grant The President can pardon an individual any time after A full pardon restores civil rights that may have been is not bound by those guidelines, though. The president Reprieves and Pardons for Offenses against the United the crime has been committed, including preemptively, lost as a result of a federal conviction. For example, is bound only by the Constitution. States, except in Cases of Impeachment.” i.e., before the person is charged.iii Famously, President an individual can have their right to vote or right to Gerald Ford pardoned outgoing President Richard Nixon own a firearm restored. But a pardon does not affect The biggest topic of discussion currently is whether the criminal conviction itself. It does not expunge a president can pardon themselves. No court has a conviction from an individual’s criminal record, addressed that question, and legal scholars have reached and it does not protect that individual from other different conclusions. The Constitution’s Pardon Clause A full pardon restores civil rights that may have been lost as consequences of their criminal actions. An individual expressly prohibits a president from issuing a pardon who has been pardoned can still face disciplinary related to an impeachment. Beyond that, though, it is a result of a federal conviction. For example, an individual action by a professional association, and the conviction silent. Legal scholars who argue that a president can can still be used in subsequent legal proceedings. pardon themselves point to the broad language in the can have their right to vote or right to own a firearm restored. But a Importantly, the individual must still disclose their Pardon Clause and the lack of any language prohibiting conviction of a federal crime on any form that requires a self-pardon. Legal scholars who conclude that a pardon does not affect the criminal conviction itself. disclosure of that information.
24 | Columbus Bar Lawyers Quarterly Winter 2021 25 | Columbus Bar Lawyers Quarterly Winter 2021 YOUR TRUSTED PHILANTHROPIC ADVISOR® FOR MORE THAN 75 YEARS
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Legacy Planning president cannot self-pardon argue that doing so If ever faced with the question, a court would likely look would violate other constitutional provisions. They also at the text, structure and history of the Constitution’s We can work with you and your clients to help them prepare argue that the Pardon Clause only allows the president Pardon Clause to determine whether the framers to make a lasting, future gift to support the causes that are to “grant” pardons, which implies giving something to intended to allow a president to pardon themselves. important to them. another individual, not themselves. An Office of Legal i Counsel opinion issued shortly before President Nixon’s Burdick v. United States, 236 U.S. 79, 89-90 (1915) ii Ex parte Garland, 71 U.S. 333 (1866) Community Knowledge resignation concluded that the president cannot pardon iii Id. themselves “[u]nder the fundamental rule that no one iv Burdick at 90-91, 94 The Columbus Foundation supports your clients’ charitable may be a judge in his own case.” Until recently, this view efforts with personalized service and insight about community has been generally accepted. needs and organizations. Legal scholars have also identified another reason a president should be hesitant to try to pardon themselves. Philanthropic planning is an important element of legal planning. As you Because acceptance of a pardon implies a confession of guilt, a president may invite impeachment proceedings work with clients on tax, legal, and financial strategies, know that The related to the federal offense for which they pardon Columbus Foundation is available to serve as a trusted resource. Whether themselves. you’re interested in helping clients increase their impact, decrease tax liability, or leave a lasting legacy, we’re here to help. Hon. Laurel Beatty Blunt Tenth District Court of Appeals
www.columbusfoundation.org 614/251-4000 | [email protected] 26 | Columbus Bar Lawyers Quarterly Winter 2021 Bar Happenings Bar Happenings Participants in the CBA (Virtual) 5K What’s Next @ the Bar? For a complete list of events, CLE programs and meetings, visit www.cbalaw.org.
WINTER 2021
february Real Property Law Institute 2021 • Presented live on Zoom COVID-19 has had a big impact on the real estate market. Find out what you need to know about real estate law in 2021. Approved for 9.5 CLE hours, with 1.0 Professional Conduct 4-5 hour. Approved for OSBA Residential and Commercial Specialty Credit. Pending approval by ODI for Title Insurance credit.. Details and registration @ www.cbalaw.org.
february Brain Science in Collaborative Law • 2:00—4:00pm on Zoom In this advanced three-part program, learn about the non-rational side of family conflict and dispute resolution, focusing on 21st century research in the fields of evolutionary 11 neuroscience, behavioral economics, decision science, cognitive and social psychology, and more. 2.0 CLE hours / 6.0 CLE hours for the full series. More in this series: February 18 & 25.
february Hitler’s Courts: Betrayal of the Rule of Law • 2:00—4:30pm on Zoom Join Emmy-nominated filmmaker Joshua Greene and international law expert Raymond M. Brown, Jr., Esq. as they delve into the consequences that occur when those who are sworn Municipal Court Committee Meeting 18 to uphold the law break their promises and capitulate to political pressure. Approved for 2.5 CLE hours. Details and registration @ www.cbalaw.org.
Bankruptcy Law Committee Meeting march A Daily Dose of Now: Meditation for Lawyers • 12:00—1:30pm on Zoom It is difficult enough during “regular” times to remain calm, compassionate, and insightful when dealing with clients. A pandemic adds another layer of stress to an already challenging 11 job. Learn simple techniques for cultivating and maintaining positive attorney-client relationships. Approved for 1.5 CLE hours. Details and registration @ www.cbalaw.org.
march Avoiding Conflicts of Interest • 12:00—1:30pm on Zoom What do the Rules of Professional Conduct mandate in a conflict situation? Is it as easy (or challenging) as it appears to properly waive a conflict? Learn the answers to these questions, 18 along with practical takeaways, in this ethics CLE. Approved for 1.5 Professional Conduct CLE hours. Details and registration @ www.cbalaw.org.
Bench Bar Conversations with Judges McIntosh and O’Donnell (left) and Judge Browne (right) Pro Bono Awards
28 | Columbus Bar Lawyers Quarterly Winter 2021 29 | Columbus Bar Lawyers Quarterly Winter 2021 Winter ‘21: Digital Law Prior to March 2020, I would not have dreamed of asking a client if they wanted Zoom Ethics to have a video conference with me. It just felt and Common Sense too Star Trekky, like a gimmick. Advice for Lawyers
BY CHARLES KETTLEWELL another password and give yet another company our credit cards to auto-bill monthly to infinity and Since sometime between March of 2020 these two video conferencing apps was pretty few and beyond. At first, there were Zoom and what seems like forever ago, Ohio far between and were certainly casual and personal. conference calls with clients, then On those rare pre-COVID occasions where I was professionals have needed to quickly learn some Zoom board meetings, Zoom involved with a “video” conference or deposition, some family calls, and then attending and how to level up their video conferencing professional reporting service or other had to be used to teaching CLE seminars via Zoom. skills. Prior to March 2020, I’m guessing provide the cameras and technology necessary just to make video conferencing work. (Or so we thought.) most Ohio lawyers and judges had never Sometime after getting through all of the above, I eventually got to even heard of Zoom. I certainly had not. Prior to March 2020, I would not have dreamed of asking experience my first of five Zoom a client if they wanted to have a video conference with trials. To be clear, these were bench FaceTime? Sure, I’d heard of that. I cannot say I have me. It just felt too Star Trekky, like a gimmick. And I trials, three before the Board of had a lot of use for this app, but there has been the certainly was not going to rely on the face freezing lag Commissioners on Character and occasional FaceTime with my wife when I’m lost I always associated with FaceTime and Skype calls, Fitness and two before the Board of somewhere in an aisle and need her photographic so I either did actual in-person meetings or scheduled Professional Conduct. I would not memory to assist me navigating safely through my phone calls, depending on the nature and importance of recommend a jury trial by Zoom, own shopping incompetence. FaceTime has saved me what needed discussed. but I can say from my personal Justice’s toilets, although I only clearly heard speaking into it when many a return trip back to the store. Skype? I know it experience it has worked out fairly repeat this speculation because speaking, and not at all (flushing or exists and may even have an account with a long-since- And then came COVID-19, lockdown orders, mask well for these types of cases it is generally understood that the otherwise) when you should not be forgotten username and password. We have family that wearing, social distancing, remote working and Zoom. It Justices were the only parties to heard. lives across country, and my son visits with his cousins seemed overnight, everyone either had or was expected With all of the aforementioned in the call with mute button autonomy. via Skype while they log onto their respective iPads and to get a Zoom account. “Great!” we collectively thought, mind, I’ve been asked to share what This leads us to: Lesson 2: Don’t Be Like a play games together online. For me at least, the use for another account to create! Choose a username, forget I’ve learned, and thankfully most of Certain Individual Who Shall it is not from personal experience. Lesson 1: Learn How the Mute Remain Nameless. Did you hear First, there was the Supreme Flush, Button Works. Whether you are the one about a certain lawyer/ and I’m not referring to some new on your office phone, cell phone, journalist doing his best zoo monkey poker hand name here.i If you are a computer or a tablet, learn how impersonation whilst participating not aware, during oral argument each device you plan to use works in a Zoom conference with a live before the Supreme Court of the before you use it. Learn not only video feed? Yes, I also wish I hadn’t United States on May 6, a toilet how to use the mute button, but also heard about it, but here we all are flushed. During. Oral. Argument. where the microphone is located with this information we cannot Presumably, it was one of the on each device so that you can be now “unknow.” With Lesson 1 being
30 | Columbus Bar Lawyers Quarterly Winter 2021 31 | Columbus Bar Lawyers Quarterly Winter 2021 about muting microphones, a reader might be forgiven instead of the abyss of a lens hole that I can never tell not seen anything particularly noteworthy. But I do for jumping ahead to conclude Lesson 2 is about whether it is open or shut. recall one situation where a lawyer had issues with learning how a video camera works before participating the forward and rear facing cameras on a laptop and in a video call, but that would be missing the point of Lesson 4: Post-It Notes Should Not Be broadcast for all participants to see an image of a desk Lesson 2 entirely because it has nothing to do with Necessary. I say this because no one should be and office covered in what appeared to be open client microphones, cameras, or technology at all. Lesson 2 doing anything in front of a camera during a Zoom call files. Fortunately, the laptop was being whipped around is this: certain conduct is unacceptable during a Zoom that cannot be seen by every other participant in the like a bad “found footage” horror movie and nothing conference, regardless of whether you think a camera Zoom call. See Lesson 2. That said, however, there are could be clearly seen. But Lesson 5 stands: keep your or microphone is on or not. Period. “Just say no” may times when you are not the moderator, and a break is background clean and your clients’ information out of not have worked out so well for the war on drugs, but I scheduled but the conference link is not paused, and the picture. submit it can and should be repurposed as the mantra there is simply no reason to remain connected while for anyone who is remotely unclear about Lesson 2. (I the conference is on such a “break.” In these instances, Lesson 6: A Picture is Worth a Thousand Reliable truly cannot believe I even have to write this paragraph I recommend using the mute button, the camera lens Words. If you are going to be performing on camera, expertise as though I’m unearthing some heretofore buried cover, and a post-it note. you must “act” like you care. And I say “act” not because nugget of wisdom.) This could have, and should have, the objective is trying to win an Oscar, but rather because WE remained an unspoken and unbroken Rule.ii Lesson 5: What’s in the Background? For me you should actually care. For example, do not have your personally this is incredibly boring, as I just have a blank camera facing a window where you are backlit such that OWN Lesson 3: Post-It Notes Are Your Friend. wall behind me, but it is also somewhat on purpose. I no one can see you. Either rearrange your workspace for . For all of my professional Zoom conferences, I use my have a credenza behind my desk that in the pre Zoom the next X number of months or close the blinds if you IT computer with its built in camera. The lens is centered days was covered with some combination of family must be situated in front of a window. Also make sure 250 W. Old Wilson Bridge Rd., Suite 250 at the top of the monitor and has a little switch above pictures, client files, and miscellaneous office supplies. that there is a light on somewhere in front of you so that Worthington, OH 43085 it that allows me to open and close it. Unfortunately, I am proud to say (in my ethics geek sort of way) that you can be seen on camera; otherwise, what’s the point 614.540.6633 www.cecinc.com in the trendy “minimalist” style of computers having shortly before my first Zoom call, I had the foresight of participating in a video conference? There are many less buttons and knobs and even less in the way of to think, “I probably should not have client files out on more tips online about how to make your appearance useful instructions for those few that still exist, there display in my background.” So, I moved the files, moved better on Zoom from people who know a lot more about i I know, technically this isn’t a “Zoom” story, but its value as a cautionary tale still stands given its otherwise sacrosanct source. is conveniently nothing near this switch that tells me the photos, and moved the supplies. Now, I am the lighting, camera placement, etc., than I ever will. ii I regrettably agreed to write about this topic only to later realize I have no idea how whether the lens is open or shut to the left or the right.iii only thing (hopefully) of interest on the screen during to diplomatically write about this topic. iii I’m looking at you Apple. Notwithstanding my inability to figure out my lens my Zoom conferences so my audience will (hopefully) In conclusion, my simple advice for lawyers, whether cover toggle switch, I can at least figure out when a stay engaged. For the most part, when I have viewed it’s participating in Zoom calls, or conducting a trial small sticky piece of yellow paper is staring back at me other lawyer’s offices on Zoom conferences, I have via Zoom, is to continue to appear and behave as a professional whenever, wherever, and however you are working. You may be working from home, but that’s no excuse not to shower, shave, or dress appropriately for the occasion. Have a Zoom trial coming up? Learn in advance what file sharing program is going to be used Keep your background clean and how to use it, learn what will be expected and who will be controlling the screen during presentations, prepare and your clients’ information your exhibits accordingly, and prepare your clients and witnesses for what they should expect. Overall, my advice to any lawyer with an upcoming Zoom hearing is out of the picture. to be prepared to treat a day behind your desk looking at your monitor as if it is the most important day you will ever spend in court. Because for both your clients and the foreseeable future, it likely will be. Charles Kettlewell, Esq. Charles J. Kettlewell LLC [email protected]
32 | Columbus Bar Lawyers Quarterly Winter 2021 33 | Columbus Bar Lawyers Quarterly Winter 2021 practices. The ability to Winter ‘21: Digital Law adapt and change could be a hallmark trait of a good court reporter. Our machine technology Are Remote Depositions and software has been changing and evolving and improving along Here to Stay? with many other tech advances across the globe. by ANGIE STARBUCK Now more than ever, a stenographic court reporter is an Given that the deposition process began in Like many other businesses across important part of obtaining an the 19th century, and the first stenographic the country, the courts and legal proceedings accurate record of a witness’s came to a screeching halt in mid-March 2020 due machine for court reporters was invented testimony for your case. While to the COVID-19 pandemic. For the first month or so, technology is changing and early in the 20th century, one can only attorneys had to adjust to working from home, solve becoming more and more imagine the changes the legal and court remote IT issues and some had to juggle their kids and/ automated, that human touch is mean that a remote deposition is The Clio Legal Trends Report also reporting professions have seen over or spouses being at home with them. still necessary for the times when the perfect alternative to an in- focuses on what a “better normal” the years. This is not an article about the technology fails – and it will fail! The person deposition in every case, but beyond the pandemic might look During this time, court reporters were working hard to stenographic court reporter is still you can probably imagine there are like. The better normal could include history of these professions but, rather, an transition their home offices into a remote deposition the gold standard for an accurate some witnesses whom you could more virtual office spaces and optimistic look at the ability to adapt to our location. Many court reporting firms already offered record. depose remotely in certain cases. less brick-and-mortar offices for current situation and what the future may remote videoconference deposition services long before This could potentially save you and attorneys and their clients. Clio CEO COVID-19, so those technologically advanced firms According to the 2020 Legal Trends look like for the deposition process. your client thousands of dollars in were already in a good position to educate attorneys Report from Clio, a leading practice travel costs and expenses. about remote depositions and guide them on best management software solution, “The need to work remotely has encouraged the online transition that many law firms had been putting off and it’s a direction they Now more than ever, a stenographic court won’t be able to turn back from.” reporter is an important part of obtaining an accurate In this study, 68 percent of legal professionals are more prepared to record of a witness’s testimony for your case. handle the impact of future waves of coronavirus and the vast majority of legal professionals say they will continue using these technologies beyond the pandemic.
While remote depositions have been occurring for many years, we may be seeing a shift to this method of depositions in many more cases going forward. Now, that doesn’t
34 | Columbus Bar Lawyers Quarterly Winter 2021 35 | Columbus Bar Lawyers Quarterly Winter 2021 Jack Newton states in the introduction of the report, • Test all of your equipment and the Zoom platform “We’ve seen a seismic shift from lawyers working prior to the deposition. Ask your court reporter to in physical spaces to working remotely, a trend that run a test with you if needed. YOU HAVE QUESTIONS. many— both lawyers and their clients—will look to • Remember, a videoconference deposition is not a WE PROVIDE ANSWERS. maintain even beyond the social impact of the global videotaped deposition. If you want a video recording pandemic. In turn, the technology adoption that we’ve of the deposition, please schedule a videographer. Numerous factors can lead to serious construction- WHEN THE UNEXPECTED OCCURS, YOU NEED TO KNOW seen during this period has laid the foundation for a • The court reporter should not act as both a site accidents, from inadequate worker training new legal-service model that will be better suited to the videographer and a court reporter, especially and safety procedures to faulty products and needs of clients.” during a videoconference deposition. heavy equipment. Rimkus has decades of forensic • By recording the deposition through Zoom, experience investigating and evaluating injury If you are unsure about the remote deposition process, there is no ability to edit the file and remove off- accidents across the U.S. and in many foreign your local court reporter should be able to assist you the-record discussions. This could potentially countries. Our construction experts and engineers with the details and setup. If you are conducting a violate attorney/client privilege, which no conduct in-depth investigations to verify critical remote deposition or considering it, below are a few tips attorney wants to do. issues and can help provide solutions for recovery. to make the process go smoothly and, most importantly, • Include language in your notice if you want to If you’re facing a complex forensic challenge of any ensure you have an accurate record. record the Zoom deposition with a videographer. kind, count on us to uncover the facts. • If you are defending the deposition, make sure your witness has the proper setup and necessary Plan Ahead equipment to appear remotely. Ask them to set up • Include language in your deposition notice in a quiet room in their home or office. The last thing that states you will be taking the deposition by you want is for your witness to be driving, walking videoconference. Be sure to check the discovery through the grocery store or using the restroom rules where the case is venued to ensure they World-class. Global reach. during their deposition. Be sure they have their rimkus.com • 800.580.3228 permit videoconference depositions and remote driver’s license or other identification available to oath administration. (Note: The Ohio Supreme Court show the court reporter. issued Administrative Actions on July 31, which state “any oath or an affirmation required by a rule of the Court may be administered remotely by use of In-Deposition Reminders then resume in-person depositions. Perhaps you could audio or video communication technology, provided • Maintain professionalism. Be sure to dress envision modifying your litigation practice to include the technology shall allow the person administering professionally and maintain the same deposition more remote depositions. Either way, the key takeaways the oath or affirmation to positively identify the decorum you would if it were in person. for remote depositions are PREPARE, PRACTICE and Angela R. Starbuck, RDR/CRR/CRC i PATIENCE! person taking the oath or making the affirmation.”) • Mute your audio if you’re not questioning. PRI Court Reporting, LLC • If it is a state case, make sure you know where the • Remove as many distractions as possible (kids, [email protected] witness will be located and hire a licensed court dogs, television, etc.). I would challenge you to consider the remote deposition reporter in that state, a notary public in that state or • Don’t forget to take frequent breaks. Zoom as another tool that could be beneficial to you and your The National Court Reporters Association, the country’s an individual authorized to administer an oath. Many depositions can be mentally taxing for everyone client, both now and in the future. As Max McKeown leading organization representing stenographic court states have mandatory court reporter certification and may require more breaks than in-person writes, “Adaptability is about the powerful difference ii reporters, captioners and legal videographers, has requirements. depositions. between adapting to cope and adapting to win.” designated Feb. 6-13 as the 2021 National Court • Decide how you will distribute the exhibits. It’s best • Slow down and try not to interrupt. It’s hard enough i 07/31/2020 Administrative Actions, 2020-Ohio-3861(D) Reporting & Captioning Week. The weeklong event, to send either hard copies or electronic copies to all for court reporters when people talk over each other ii Adaptability: The Art of Winning in an Age of Uncertainty, Max McKeown, 2012 themed ‘All you need is love and steno’, brings court parties in advance of the deposition. You can also in person, but when using technology, complete reporters, captioners, court reporting firms, schools and screen share the exhibits during the deposition. words can be cut out. While you may get the gist of others in the legal industry together to help highlight the • Check your computer’s technical specifications. At what the witness was saying, it’s the court reporter’s many aspects that make court reporting and captioning a minimum, you’ll need a webcam and microphone. job to get every word. a viable profession. Learn more: https://www.ncra.org/ Your internet connection will be stronger if you’re home/events/court-reporting-captioning-week able to hardwire to the internet. Be sure you can Maybe you only want to utilize remote depositions as mute and unmute your audio. a temporary solution until the pandemic is over and
36 | Columbus Bar Lawyers Quarterly Winter 2021 37 | Columbus Bar Lawyers Quarterly Winter 2021 Winter ‘21: Digital Law I define success as what the bar takers did to get themselves to and through this exam. Ohio BAR PREP bar results are out and 93% of Ohio State first-time takers passed. But 100% of 2020 grads demonstrated During COVID: resiliency, problem-solving and critical thinking skills A Lawyer’s Perspective well beyond that of minimum competency.
by KATHERINE SILVER KELLY I work with students and graduates to prepare them for the bar exam, and the past nine months Everyone on the planet has felt the have been like nothing else I have ever experienced. When Ohio State president, Dr. Drake, shut down the impact of COVID. It has consumed entire university system in early March, we all thought Your trusted advisor in our lives, and the legal profession has we’d just hunker down for a few weeks until this thing • Structured Settlements slowly begun to adapt to this new virtual blew over. I didn’t give the bar exam a second thought; • Trusts Services it was more than four months away, and everything • Taxable Damage reality. We’ve stopped waiting for things • Mediations would be fine by then. to “get back to normal” and instead are • Structured Attorney fees pushing forward into uncertainty—will Within two weeks, my dean and I knew an in-person Michael W. Goodman, Esq. CSSC your internet go out, will your neighbor’s exam at the end of July could not happen. It would [email protected] dog start barking, will your kids have a have been too big a risk to bring 900+ bar takers, plus test proctors and bar examiners, under the same roof. meltdown, will you be able to log-in to At the time, the National Conference of Bar Examiners Claire B. that hearing? was adamant that the in-person July exam would (and DeVan, CSSC should) happen, so all I could do was start preparing [email protected] I have the good fortune to teach at THE Ohio State my students for a July exam while also trying to guess University Moritz College of Law, where I am a clinical when it would actually happen. “After Labor Day,” I Ohio Based professor of law—I teach legal analysis and writing— thought. We’ll all stay home, follow what the scientists and am the director of academic and bar support. and health experts tell us to do. It will be over by the end 800.229.2228 www.nfpstructures.com of summer. I planned two sets of summer bar support programs and I waited. A few weeks later the NCBE, still insisting that an in-person exam was the only viable employers about start dates, ask landlords to adjust option, agreed to provide test materials for two different move-out and in dates, cancel post-bar trips, check September exams. And still we waited. My students health insurance coverage and assess their finances. became grads but there was no graduation. We were It would be tight for a lot of folks but they could make it in the second day of bar prep when Ohio announced it through. “It’s just a six-week delay,” I said to my dean. would postpone the exam until September and it was “I can coach them through a six-week delay. We’ve got like a dam broke loose. Grads scrambled to contact this.”
38 | Columbus Bar Lawyers Quarterly Winter 2021 39 | Columbus Bar Lawyers Quarterly Winter 2021 While the majority of Moritz grads sit for the Ohio bar could not risk being in a facility with 1,000+ others, even exam, we are a national law school and the class of with social distancing and masks. At this point, the When Ohio State president, Dr. Drake, shut down the 2020 sat for 26 different state exams. Some of those NCBE had agreed to provide material for an abbreviated states chose not to postpone the exam, so quite a few remote exam in early October - while still insisting that entire university system in early March, we all thought of our grads had to continue studying - most employers an in-person exam was best. And then it happened; we’d just hunker down for a few weeks until this thing blew did not give an option to defer to February. I can say this almost every state that had delayed from July to now - I pretended I wasn’t scared for them and instead September delayed again, this time to the abbreviated over. I didn’t give the bar exam a second thought; it was more told them it would be ok and they could do it. Well, it remote exam in October. It was the end of July, and than four months away, and everything would be fine by then. was not ok, but the grads pushed through and they did everyone was exhausted from studying and dealing it (as of this writing, 100 percent of Moritz’s July takers with a pandemic that was supposed to be over in April. passed the exam). They were amazing and stronger about paying bills. It’s already a stretch for many to than I’ve ever had to be. We are lucky to have them as The dam broke loose again and the stress level was minimum system requirements so the testing system make it through the regular 10 weeks of bar prep - members of this profession. overwhelming. Some employers pushed start dates and artificial intelligence program could monitor you. even those with stipends - but now grads had to make to after the exam (or January), while some expected limited funds last through early October. Many lost As Ohio, and the majority of bar examinees nationwide, grads to start working full-time in August or September, The Office of Bar Admissions asked law schools to their student health insurance in mid-August, which trudged forward preparing for a September exam, thinking they’d be “finished” studying. On paper, both step in and provide testing spaces for their grads who meant cancelled doctor appointments, inability to fill we watched the pandemic worsen. Grads started seem reasonable. The reality is that neither was a needed it. And we all did: some schools found space prescriptions, and no access to healthcare. requesting medical accommodations because they great option. Those who were not working stressed in their buildings, while others negotiated discounted rates at local hotels. My colleagues were incredibly Ohio was one of many states to offer temporary generous, and within fifteen minutes of sending the practice licensure, so some grads were able to use this email asking if grads could use office space, more to secure employment. Those who had to work might than fifty had volunteered. It’s a good thing, too, not have had financial struggles, but they had to figure because almost forty grads took the exam at the law out how to maintain their knowledge and skills for two school. Bar admissions offices across the country additional months. A good number of grads also had proclaimed the exam a success. Perhaps it was, but I to figure out childcare, as most schools had already think it depends on how you define success. announced they would not be going back in-person. Not only were grads studying and working and trying to I define success as what the bar takers did to get stay healthy, they were also managing their children’s themselves to and through this exam. Ohio bar education. results are out and 93% of Ohio State first-time takers passed. But 100% of 2020 grads demonstrated On top of the second delay, the exam would be unlike resiliency, problem-solving and critical thinking skills any other bar exam, as it would be administered well beyond that of minimum competency. We can all remotely. Again, this looked good on paper: two half learn from this group of bar takers; they will make the days and you could take it on a computer in your profession better and I hope we are smart enough to own home. Easier said than done; with so many folks let them. working from home, it was not that easy to find a room to yourself with no interruptions and little to no outside noise. Even if you had a room to yourself, you had to hope your neighbors would stay quiet because you couldn’t wear earplugs, talk or make other sounds, Katherine Silver Kelly, Esq. The Ohio State University move around or take your eyes off the screen for more Moritz College of Law than four seconds. Laptops also had to meet certain [email protected]
40 | Columbus Bar Lawyers Quarterly Winter 2021 41 | Columbus Bar Lawyers Quarterly Winter 2021 your testimony to a computer camera. Winter ‘21: Digital Law We did some practice sessions, which were recorded, and then used that as Zoom and Its Impact on a teaching tool. TKM: Did any clients/ witnesses have problems LITIGATION: adapting to Zoom? SC: Most did fine, but some were What happens when ONE LOCAL LITIGATOR’S VIEW distracted by looking at other images we work together? on the screen, or things happening in their Central Ohio background (barking dog, as an example). by TAMI KAMIN MEYER is healthier. TKM: Did you start training If you still associate the word ‘zoom’ Former Columbus Bar people immediately upon quarantine Association and Ohio State Bar with that colorful, live-action children’s or only after the first “debacle”? To assist your clients in fulfilling their charitable interest in Association president Stephen Chappelear, a litigator health and wellness through the CMA Foundation, SC: It was apparent very quickly that depositions, television program that appeared on with Eastman & Smith Ltd., has represented hundreds please contact: hearings and trials would not be proceeding as before, PBS from 1999 to 2005, then it’s time to of clients over his 43-year career. He shared his views Weldon E. Milbourne for a while, so we right away added to normal witness 614.240.7420 poke your head out of quarantine and on how Zoom has impacted the practice of law. [email protected] preparation specific instruction about what is different get with the latest must-have for the about testifying via Zoom versus in a courtroom. practice of law. TKM: How have you trained/ TKM: Anything you want to add about acclimated clients to testify via Zoom? TKM: How do you compare deposing Zoom and its place in litigation? Attorneys are communicating virtually in ways they SC: I explained to them the importance of not only people via Zoom vs. in person? SC: Pandemic or not, our society needs a mechanism most likely weren’t just one year ago. For example, giving truthful testimony, but appearing to be giving SC: Taking a deposition via Zoom is better than not to resolve disputes fairly, quickly, efficiently and lawyers are conducting depositions and appearing ‘in truthful testimony, which means not looking nervous, taking a deposition at all, but it is not ideal. Dealing with economically, and in a way that does not jeopardize court’ via virtual platforms such as Zoom and WebEx. shifty-eyed, evasive, confused, lost, distracted, etc. exhibits is cumbersome. The psychological dynamics people’s health. Until we are able to meet face-to-face And, due to COVID-19 concerns, lawyers are even Many people have behavior mechanisms that have to are different. It is harder to read the witness and again without significant health risk, Zoom is a helpful speaking with clients using those applications in lieu of be overcome for successful courtroom testimony. That evaluate how they will do testifying in trial. tool for depositions, hearings, trials, mediations and in-person meetings. is made even more difficult when you are presenting conferences.
Pandemic or not, our society needs a mechanism to resolve disputes fairly, quickly, efficiently and economically, and in a way that does not jeopardize people’s health. Until we are able to meet face-to-face again without significant health risk, Zoom is a helpful tool for depositions, hearings, trials, mediations and conferences. Tami Kamin Meyer, Esq. [email protected]
42 | Columbus Bar Lawyers Quarterly Winter 2021 43 | Columbus Bar Lawyers Quarterly Winter 2021 www.cbalaw.org
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44 | Columbus Bar Lawyers Quarterly Winter 2021 45 | Columbus Bar Lawyers Quarterly Winter 2021 Back on the real topic, as I mentioned Student Section: Observations from Law Students above, I went into law school kind of “blind.” I didn’t have family members that were lawyers; I relied on networking in my community to What I Wish I Knew have even the slightest clue about BEFORE I STARTED LAW SCHOOL what being a lawyer really looked like (that’s all for another article). I want to share what I learned during my first year I didn’t have family by HANNAH TRAVIS of law school, so that other “first-gen law students” feel they aren’t alone. members that were To begin, don’t let anyone talk you out of it. From a young age, I always knew 1. Cold-call. lawyers; I relied on I wanted to be a lawyer. I don’t have Getting “cold-called” isn’t that bad. Most law school any lawyers, or even anyone in law STUDENT professors use the Socratic method of teaching, networking in my enforcement, in my family—it was just SECTION meaning that you go to class (having read all of the assigned reading, of course) and the professor community to have an interest I had on my own. I liked the randomly calls on a student to tell them the facts of the idea of the law, the idea of being in a case. I may be biased toward my school and professors, even the slightest clue courtroom and the idea of representing and I can’t speak for other schools, but the professors TRULY want you to learn. Most professors aren’t going and advocating for others. to try and embarrass you. They definitely want you to about what being a or maybe I wasn’t even smart enough to be a lawyer. try your best, and they will know if you haven’t read Here’s why I say not to let people talk you out of your I let the idea of being a lawyer go and entered college and are unprepared, but this isn’t the death of your law dreams: I’m from a smaller town. When I was a junior lawyer really looked like with a declared major in Communication Sciences and school career. To be honest, your classmates probably and senior in high school, I began looking into colleges. Disorders (to go on to become a Speech-Language aren’t even listening to what you’re saying because From this point on, and even through the next few years, (that’s all for another Pathologist). During my first semester of college, I kept they’re still calming down after not being called on. On I can’t tell you how many people told me NOT to be a getting drawn to seminars that had anything to do the flip side, even if they are listening, they don’t care if lawyer. I heard about how “I wouldn’t be able to get a with law or crime. I literally couldn’t stay away. After you get something wrong. Seriously. article). I want to share job,” but yet I wanted to be a family lawyer and divorce listening to one professor talk about how I could do rates are pretty high! Riddle me that logic. anything I wanted, I left the building, called my dad, said what I learned during I was doing everything wrong and changed my major Anyway, back when I was finishing up high school, within a week. I ended up graduating college with a B.A. I really began questioning myself. I thought maybe my first year of law in Sociology-Criminology and a B.A. in Psychology. those people were right—maybe I wouldn’t get a job During my senior year, I took the LSAT (Law School school, so that other Admission Test) and was accepted to my first-pick law school. “first-gen law students” feel they aren’t alone.
46 | Columbus Bar Lawyers Quarterly Winter 2021 47 | Columbus Bar Lawyers Quarterly Winter 2021 Go see your professors. Establish good relationships with them. I’ll be the first to admit I didn’t do this much in undergrad, but in law school, it’s important.
2. Read. 3. Briefing. Speaking of #1, do the reading for class. It’s not fun, What the heck is briefing? Basically, when you’re and it’s a lot, but it’s worth it. You’ll never forget the first reading a case, outline what’s happening. There’s a time you get called on and feel so prepared to answer reason these cases went to court and a reason you any question the professor asks. You’ll also never forget learn about them in law school. You’ll want to note: the first time you get called and don’t know the answer to anything the professor asks—so just read or at least • The facts of the case (who, what, when, where) skim the cases. You also want to brief the cases, as this • Who are the parties? What happened? Where did will help you have an outline of what happened in the it happen? What court? When did this happen? case. I’ll explain briefing, don’t worry. It’s also important • The issue to read, because reading the cases is what helps you • What issue is the court deciding/resolving in learn and understand the law. It’s much easier to follow the case? along in class if you know what’s going on. (P.S. You • The rule need to take your books to class!) • What rule did the court give for this case and similar cases that will follow? issue, rule, analysis, conclusion. The issue is what’s Lastly, I wouldn’t recommend relying on legacy outlines. • The reasoning the issue here, what am I trying to resolve, what’s the For one, creating the outline is part of learning it. You • Why did the court come to this conclusion? Did problem. The rule is the rule that you learned and will will create your outline in a way that best helps YOU they look to previous case law? apply. The analysis is the longest part. Each rule or test understand the material. Someone else’s outline was • The holding will have elements. Under each element, you will list created to help them best learn the material. With that • What was the outcome of the case? facts that meet or don’t meet that element. Then, you being said, this doesn’t mean you can’t look to legacy • The policy conclude briefly based on your analysis. outlines for guidance. Sometimes these outlines can • Was there any policy reason given for why the help you fill in gaps or add tips that you didn’t catch. court made this decision? Additionally, don’t wait until the end of the semester You can also use these to compare your outline with to begin your outlines. You should start your outlines or see how others organize their outline. Again, the within the first couple weeks of school and add to them biggest thing to remember here is that your outline 4. Outlines. periodically. Some people update their outline after should be created by YOU to help YOU learn. If you’re anything like me, you’ll actually LOVE outlining. each big topic, and some people like to outline after I truly enjoy the organization and color-coding (if you’re each class. You will find what works for you. In the into that). Your outlines are like study guides that you will beginning, outlining is hard because you have to come 5. Exams. use to study for exams. You’ll have big main topics and up with your own style. Once you get better at it, I think For most classes, a final exam at the end of the semester a bunch of subtopics. Outlines are written as if they’re it’s a lot easier to outline after each class so that you will account for your entire grade for that class, or at a template for writing answers to exam questions. With don’t get behind (and the topic is fresh in your mind). least a majority of it. Again, this is what your outlines each rule or test, you’ll do an “IRAC.” This stands for
48 | Columbus Bar Lawyers Quarterly Winter 2021 49 | Columbus Bar Lawyers Quarterly Winter 2021 really have to.) Additionally, if you find a good group, you can lay out exactly what you need to be successful. For example, my friends and I are really good about getting a table in the library, talking about questions with each Group, Individual and Family Health Insurance for Columbus Bar Association members other when necessary and then sitting quietly together and doing our reading or outlining. The important thing is that you’re together, so if you do need to interrupt Group Health, Vision, Dental, Life, Disability John Susie: (614) 890-7373 x129, [email protected] and ask a quick question, you can. However, there is a We have teamed up with HEMA to offer you a wide range of Health Insurance. mutual understanding that you are together to get work John Susie is located in the CBA offices to provide personal help for your firm. done. There’s no time to waste in law school. NEW! SENIORS CHOICE GROUP RETIREE MEDICAL PLAN Is your firm paying for retiree health coverage? Do you have Medicare-eligible employees on your plan? The CBA is now offering Also, having a study group is great for exams. The best Seniors Choice – a premier group medical plan for those age 65 and over participating in Medicare. prepare you for (and why you should create your own). thing to help you prepare for law school exams is taking This also ties in with the “IRAC.” On an exam, you will be practice exams the professors will give you. Having a Individual and Family Health group is important because you can try the exam on John Dodd: (614) 890-7373 x114, [email protected] given a fact pattern and question on that fact pattern. In the complex, highly regulated health insurance world, the CBA wants to have your own and then collaborate with your group to see Your essay will be set up in paragraphs—issue, rule, an expert to assist members with their questions. (For individual employees and their families) analysis, conclusion. State the issue, state the relevant if you all spotted the same issues, used the same rules rule, analyze each element of the rule (including and applied the facts correctly. With that, professors Medicare Plan Assistance are really open to having office hours with study groups Suzanne McClain: (614) 448-1834, [email protected] arguments for both sides where necessary), and then When the time comes to enroll in Medicare, you’ll have questions about all your options. make a conclusion to the issue. to go over these practice exams collectively. Suzanne will meet you at your office, our office, or at the CBA offices to go over your options.
6. Study groups. 7. Office hours. Go see your professors. Establish good relationships I have always been someone who studied alone. I’m a bum. I wondered if I had to dress professionally in with them. I’ll be the first to admit I didn’t do this much 10. Networking. someone who needs quiet to study, and I never got law school. Seriously—I googled what to wear to law in undergrad, but in law school, it’s important. You want You’ll have the word “networking” drilled into your brain much done with other people. If you’re like me, this will school class. I don’t know about other schools, but at your professor to know who you are, learn your name, in law school. You’re networking with your classmates likely change in law school. First of all, law school is my school, people wear whatever just like undergrad. and know that you care and are trying. Going to office every day. Remember, these people are going to be your hard enough. It’s important to make a good friend group Sometimes you will see upperclassmen dressed up, hours can also be helpful for those that are shy about colleagues—be nice. Networking really is important, that you can work with. If you need to miss a day of but this is because they either are working while going asking questions in class. though. You want to get your name out there for job class because you’re sick, these are the people you can to school or have an interview that day. On a day-to- offerings. Make good first impressions! get notes from. (Side note: Don’t skip class unless you day basis, you can wear whatever you normally would though. Jeans, hoodies, leggings, whatever you want. 8. Attire. I understand this is getting to be lengthy, so I’ll wrap it It’s just like undergrad. However, I will say, the nice Okay, this one might be a little crazy, but it’s something up. I just know there are so many things I wish I knew thing about law school is that if you want to dress up I literally googled!!! I was an athlete in college, so I often before going to law school. I also went straight from for a day just for fun, no one will question it. Just do went to class after lifting or practice and looked like undergrad, so my input is from a different perspective your thing. than those who may have worked or taken time off. 9. Anonymous grading. Exams are graded anonymously, so your professors don’t know they’re grading your exam. You’re given a number to identify yourself on your scantron. This is so that there is no bias when grading your exams. Hannah Travis Law Student Capital University Law School
50 | Columbus Bar Lawyers Quarterly Winter 2021 51 | Columbus Bar Lawyers Quarterly Winter 2021 Life Outside the Law Deborah began working for the Joseph & Joseph law firm 13 years after law school (OSU Moritz, 1991). She first worked for five years for Thomas Bolon, a domestic relations attorney, and then spent five years with a small Cleveland civil law firm. Deborah McNinch her. Deborah admits to enjoying Deborah began working for the the frequent long-distance driving, Joseph & Joseph law firm 13 years BY HEATHER G. SOWALD which she says relaxes her. after law school (O.S.U. Moritz, 1991). She first worked for five Deborah McNinch finds relaxation and She spends time almost every weekend with either Deborah and her mother also spend years for Thomas Bolon, a domestic connection with her family through her her parents up near Andover, Ohio, or traveling to the time together indulging in their love relations attorney, and then spent family farm in West Virginia. She and her parents also of gardening in her parents’ large five years with a small Cleveland hobbies of singing, traveling, gardening take several long road trips each year, one of which yard. They combine their artistic civil law firm. She has been with the and genealogy research. is generally to Niagara Falls. They enjoy going there visions and knowledge of plants Joseph firm since 2004, handling to see the shows and try their luck at the casinos’ to map out what to buy and where civil and business matters, Growing up in Warren, Ohio, Deborah was inspired by penny slots. These weekly and vacation road trips to plant, tending them during the including domestic relations cases. her mother’s early career as a singer with the touring add up to about 30,000 miles of driving each year for growing season. U.S.O. Her mother, a homemaker, and her father, a G.M. Deborah hopes someday to systems analyst, encouraged Deborah and her sister She is also a history buff who take more art classes and rejoin in their appreciation of music and art. became enamored with researching structured singing groups when her family’s origins after finding she is no longer traveling every Deborah played the flute and bassoon in her high out that she qualifies, on her weekend. She is also a history school’s symphonic band and was a flute and piccolo father’s side, to be a member of buff who would love to indulge in player in the marching band. A soprano, she sang in the Daughters of the American more reading and research. In the the Western Reserve High School’s choir, quartets Revolution (D.A.R.). Deborah meantime, she counts herself to and madrigal singing groups. She took singing finished researching her father’s be fortunate to be able to spend so lessons to hone her skills for her performances in family, and is currently researching much time with her parents, and high school regional and state solo and group singing her mother’s ancestry, searching to indulge with them in traveling, competitions. Deborah says it was historical books and societies, gardening and the occasional like being in the show “Glee” before clerks’ offices and census records singing performances. Glee became popular. looking for birth, marriage and death records. Heather G. Sowald, Esq. Deborah and her mother still sing Sowald Sowald Anderson “Messiah” together with the Warren Several years ago, Deborah took oil Hawley & Johnson Community Chorus during the painting and drawing classes at the [email protected] Easter and Christmas season. Cultural Arts Center downtown. She Fortunately, because she loves enjoyed these classes as another to sing along to recordings of outlet for indulging her creative Broadway musicals, she is nature. able to keep her vocal chords in shape the rest of the year.
52 | Columbus Bar Lawyers Quarterly Winter 2021 53 | Columbus Bar Lawyers Quarterly Winter 2021 Life Outside the Law I am suggesting three books that could take your mind off of 2020 just long enough to let 2021 get a good Getting Your start, and, hopefully that will be a much better year: John Grisham’s “The Brethren,” Carl Hiassen’s “Squeeze Mind Off of 2020 Me” and S. Lee Manning’s “Trojan Horse.” at Least for a Few Hours
fences, no guard towers, no razor wire and lax security. watched what happened in the court or monitored the BY JANYCE C. KATZ These three prisoners wore old pale green, gold- judges’ activities. trimmed church robes from a church choir when they The year 2020 has been a difficult one, from sat once a week to adjudicate prison cases. Cases The judges did have a little money-making scam on the THE BRETHREN ranged from a prisoner’s use of a cell phone (illegal to outside. To tell how and why the CIA started tracking a problematic election to a deadly virus and have in prison), when that prisoner had “borrowed” the them, and where the presidential candidate fits into the the economic issues it is leaving for all of John Grisham phone from another prisoner, to ordinary disputes. The mess these judges created, would be a plot spoiler and us to deal with during the next few years. John Grisham’s The Brethren is about good ol’ corrupt prison staff allowed the “court”, as it defused tensions. would ruin the suspense. I will say that an alcoholic, judges, CIA meddling in the elections (an American Luckily for the three “judges”, no prison authority really derelict lawyer who loved gambling handled the money One thing one could do is to pick up a bottle of a good attempt, not the alleged Russian fingers) and a very scotch, vodka or brandy and just drink until you can’t ambitious elected official turned presidential candidate. differentiate between Biden, Trump and the COVID-19. Only, this official has a great big secret that could derail A far healthier response would be to exercise to stay his campaign. healthy and read fiction to envision other worlds without such issues. Mind you, this book came out the year some of our newest attorneys were five years old. If you can I am suggesting three books that could take your mind remember back then, it was before 9/11 changed the off of 2020 just long enough to let 2021 get a good start, New York skyline and our worldview, before we had an and, hopefully be a much better year: John Grisham’s unending war in Afghanistan against the Taliban: an “The Brethren”, Carl Hiassen’s “Squeeze Me” and S. Lee organization whose members believe women should Manning’s “Trojan Horse”. not be educated or go out of the house without a male escort, before Saddam Hussein, President of Iraq from 1979 making threatening noises was destroyed, before hanging chads and the Supreme Court decided the presidential election by stopping the vote count and before we started making peace with said Taliban.
Back in those pre-internet days, the mail was used to send messages. Today, we worry that it might not send briefs, ballots or secret love letters to the right place.
Grisham introduces us to Joe Roe Spicer, Finn Yarber and Hatlee Beech, who have given up the black robes of a judge for the pin stripes of a prisoner of Trumple, a minimum-security federal prison in Florida with no
54 | Columbus Bar Lawyers Quarterly Winter 2021 when it came in, along with the mail to and from the three just happened to have a winter house in Palm Beach. judges. Somehow he had avoided his state’s ethics and No comparison, of course, to the real Mar-a-Largo or professional committees for many years while having a real President Donald Trump. Prior to her encounter, very strange case load. she had been a leader of the Potussies, which had been rehearsing a number to present to the President “The Brethren” is a light, fun read with relevance in an era at his next big event. Her disappearance meant that when people are concerned about a presidential election someone else had to fill in for her at the event. Her fellow and about the judges and justices appointed for life by Potussies used their powerful White House connections whomever is elected. The best part of this book, at least for to increase the pressure on local police and sheriffs to me, was that it so engrossing, it pulled me into the reality find out what had happened to their friend. of 2000 Florida/D.C. so that for a while, I totally forgot about virus spikes, voting issues, candidates grubbing Again, not to ruin the plot for anyone who needs a good for money and the wars between and against media. chuckle, let me just mention that somehow an illegal Oh yes, and some Florida developer issues plaguing me immigrant, rather than the python, is found to be the were also obliterated, at least for the moment. What a murderer of poor Kiki. Also, a one-eyed former governor well-needed rest. I recommend it to all political, legal and living in the Everglades takes revenge on people who thriller junkies as well as to everyone else. smash poor alligators on the head and torment people just for fun. I must leave out the pole dancer and her book, as well as other animal control and police SQUEEZE ME interactions, so that Hiaasen’s humor and satire isn’t undermined and foiled by a mere book review. The court Carl Hiassen case, however, should be food for thought. Do remember Speaking of Florida, Hiaasen’s newest book, “Squeeze the stories as to how Jeffrey Epstein was treated when Me”, offers a different view of Palm Beach, Florida: you read Hiaasen’s satire. one filled with slimy huge snakes with a propensity for swallowing little old ladies. No, this book does not feature a two-legged snake prowling the elite balls and parties TROJAN HORSE As an aside, a small history lesson about the murderer, planned and had allowed Gina to become Cuza’s looking for a lonely, extremely wealthy widow in need of a who happens to be a descendent from the Romanian playmate in an attempt to get critical information companion. While such snakes do show up periodically S. Lee Manning “hero” Vlad III, Voivode of Wallachia, the second son from him. Kolya’s boss decides sacrificing him to get in Palm Beach, one particularly problematic snake was More on the thriller, hard-to-put-down side, S. Lee of Vlad Dracula, who became the ruler of Wallachia information might be the best way to find out whatever a python - a huge one. The python had somehow or Manning’s “Trojan Horse” features spies, an impaling in 1436. Vlad III, better known as Vlad the Impaler, Cuza had planned to do. So, he kisses his fiancé other wiggled itself north from the Everglades to Palm terrorist, betrayal, disloyalty, danger and a few murders. Vlad Dracula and the role model for Dracula, liked to good-bye, thinking he was headed toward a piece-of- Beach and found itself a comfortable spot in the yard Point of information, the author is my sister who always impale his enemies on poles, not only because death cake assignment, and walks into a trap. Can’t tell you behind an elegant facility used for very fancy, very wanted to be a writer, but due to a great love of eating and became more painful, but because the bodies could anymore about this book, either, or I will spoil the fun exclusive, very expensive events. The unfortunate comfortable housing, became an attorney who worked just hang around, so to speak, to serve as a warning of reading it. lady, Kiki Pew Fitzsimmons, had purchased a table for first for Cravath Swaine & Moore in New York, then for the to others. Vlad III’s upbringing could have shaped herself and friends at a major charity gala: the annual NJ Attorney General’s office and had her own small firm him, as he and his brother were held hostage by the What I can say is that reading any of these books (or all White Ibis Ball. Hiaasen described the event as “the for a few years thereafter. Retired from law and living in Ottoman Sultan of the time so that his father would of them) will distract you from the real world and all its marquee fundraiser for the Gold Coast chapter of the Vermont, she has returned to her first love, writing. Not be properly subservient to the Ottoman empire. As current issues. Enjoy the books! IBS Wellness Foundation, a group globally committed because she is my baby sister, but because she wrote an an adult and as the Voivode, Vlad III had the Sultan’s to defeating Irritable Bowel Syndrome”. Kiki made the extremely good thriller, I am recommending this book. two envoys captured and impaled when the Ottoman mistake of stepping outside, while well-lubricated on Sultan sent an order that Vlad III had to pay homage to fancy alcoholic drinks, and vanished. For a while, only First, spy Gina Antonia, specifically implanted in the him personally. Cuza, his relative in the 21st Century, that python with its new, satisfyingly large bulge, knew bedroom of a terrorist, Mihai Cuza, is murdered. Cuza, uses the same method of killing those who cross him. what happened to her. handsome, charming and deadly, had a plan. Gina seemed No need for court systems in their world! to be more interested in finding out about that plan than Janyce C. Katz, Esq. The lady in question held quite an important position in the bedroom activities with Cuza. So, he impaled her Fellow spy Nikolas Ivanovich Petrov, known as Kolya, General Innovations and Goods, Inc. in a group designed to promote the U.S. President, who and left her on the pole. was heading the attempt to find out what Cuza had [email protected]
56 | Columbus Bar Lawyers Quarterly Winter 2021 57 | Columbus Bar Lawyers Quarterly Winter 2021 Life Outside the Law Whether it is drinking too much, overusing prescription drugs or street drugs, substance HOW TO use disorder is an illness that needs professional treatment. A concerned friend, parent, partner, colleague SAVE A LIFE or supervisor cannot cure a sick person.
BY SCOTT R. MOTE, ESQ. not show up for a client meeting. The paralegal called the attorney’s If your friend were having a heart At the Ohio Lawyers Assistance Program, we get many brother to let him know that she did not show up to work. The brother attack, what would you do? Would calls from friends, co-workers or family members who are concerned about a person’s substance use. They went to the attorney’s house, and you call 911, or would you watch call to inquire about what to do, but are afraid to let us he found her dead. It was too late. them suffer? Most people would seek know the name of the person of concern. They don’t If only OLAP had known the name medical attention as soon as possible. want to “snitch” or get the person in trouble, they don’t of the attorney, we could have intervened and helped her get the You want your friend to live. want the person to know they called, etc. This does not help the person in need. The only thing you are doing is treatment she needed. prolonging the inevitable. If your friend, colleague or family member were slowly OLAP is 100 percent confidential. dying from a substance use disorder or a mental health A sad story at OLAP I will never forget is when a paralegal This means that the person you are issue, what would you do? Would you seek help, or would called OLAP several times concerned about her boss’s concerned about will never know it you watch them suffer? Unfortunately, many people drinking problem and lack of professionalism. The was you who called. You are doing do not understand that substance use disorders and/ paralegal did not want to give the attorney’s name the best thing for the person. You or mental health issues are just as serious as a heart because they had been friends for 20+ years, and she wouldn’t let this person die in front attack. Many people will die from these disorders if they didn’t want to lose her job. The last time the paralegal of you if they were having a heart do not seek professional help. called, she was concerned because the attorney did attack, right? So why would you let Addicts will do whatever it takes to For fear of never drinking again and them suffer from something they continue the lifestyle they believe of losing her job, Jane made up a cannot control? works for them. A friend of mine rumor about Sara, told their boss [Jane] who has been sober for 20+ and Sara got fired. Not only did Sara Whether it is drinking too much, years told me a story of the lengths get fired, she got evicted from her overusing prescription drugs she would go to just so she could apartment. All because Jane did or street drugs, substance use keep drinking. Jane was at work not want to quit drinking. This is the disorder is an illness that needs when her good friend Sara caught mindset of an alcoholic/addict. professional treatment. A concerned her drinking in the ladies room. Sara friend, parent, partner, colleague was concerned and asked Jane how It is common that people with or supervisor cannot cure a sick she could help. Jane knew that Sara substance use disorders will disown person. genuinely wanted to help, but now you once you start questioning their that Sara knew how problematic substance use. They will believe you It is tough to understand the mindset Jane’s drinking had become, Jane are overreacting. Jane was quick of an addict if you are not one. knew she had to sever the friendship. to get Sara fired just because Jane
58 | Columbus Bar Lawyers Quarterly Winter 2021 59 | Columbus Bar Lawyers Quarterly Winter 2021 wanted to keep drinking. The addict does not believe you with information on how you can talk to the person, The Columbus Bar Association is Ohio’s Notary Public Resource Center they have a serious problem. The easiest thing for them and how you can take care of yourself. to do is to write you off. OLAP can also help you stage an intervention. We will People with substance use disorders will often turn the coach you on how to compose very specific, hard- Want to Become an Ohio www.cbalaw.org/notary problem around on you - the friend, partner, colleague, hitting but nonjudgmental written statements that point family member. Some common excuses they will give are: out examples of the person’s unacceptable behavior. We will then facilitate the intervention. • I wouldn’t drink so much if you would just stop nagging me. NOTARY? Call OLAP • I would stop taking my anxiety medication if you The Columbus Bar Association is an authorized education and testing provider for traditional notaries didn’t give me constant anxiety. The most important thing to remember is that you cannot under the Ohio Notary Public Modernization Act. If you want to become a notary public or renew your cure a person with mental health and/or substance use • I wouldn’t have to drink if you stopped giving me so existing commission, we’ll assist you with each step of the process. From your background check and disorder. The best gift you can give the person is a call to much work to do. required education and testing to your stamps and supplies – we are Ohio’s Notary Public resource center. • I would get help for my mental illness, but I don’t OLAP. They will never know you called. If you call OLAP, have a mental illness. You are the one who is always you could save a life. worrying about me. That’s your problem. • I don’t have time to get professional help, and I don’t (800) 348-4343 even need it. You do. www.ohiolap.org
What should you do? Scott Mote, Esq. Executive Director If you are concerned about a friend, partner or colleague, Ohio Lawyers Assistance Program the first thing you should do is call OLAP. We can provide [email protected]
Background Checks Education & Testing Stamps & Supplies www.cbalaw.org/notary
The Columbus Bar Association is Ohio’s Notary Public Resource Center Background checks • Education for new, attorney and renewal applicants • Testing for new applicants • Stamps and supplies 60 | Columbus Bar Lawyers Quarterly Winter 2021 One of these lawyers is John Cline. Originally While the benefits system was intended to be a remedial Life Outside the Law from New York, Cline moved to West Virginia in workers’ compensation system, it really had become 1968 as a young man working as a VISTA, a more like civil litigation warfare. A major reason for program designed to fight the War on Poverty. this development was when the responsibility for An idealist who wanted to help others, Cline paying claims transferred from a federal trust fund to BOOK REVIEW: began working with coal miners. Just one coal companies. This incentivized the coal companies year later, in 1969, the landmark Federal Coal to contest just about every claim, and in doing so, an Soul Full of Coal Dust: A Fight for Mine Health and Safety Act was enacted, effective legal strategy was born. which was heralded as the end of black lung. Breath and Justice in Appalachia Through newly imposed safety measures, Through his perseverance, Cline found an opening in it was meant to limit miner exposure to dust, one of the civil litigator’s favorite phases – discovery. and also created a federal benefits system to Ironically, civil procedure was one of the courses in BY PAIGE KOHN compensate injured miners. law school Cline found most distasteful. But, he knew a coal company’s legal strategy relied on minimizing Yet, black lung did not end in 1969, nor did the benefits the disclosure of medical expert reports, some of which The story told here echoes the legal system work as planned as the decades passed. By actually showed black lung. For example, in Fox’s struggles explored in films, some based on books, centering on the personal experience of Cline, along with case, whose pathology report showed complicated such as “A Civil Action”, “Erin Brockovich”, and “Dark his clients such as Gary Fox, a selfless coal miner who pneumoconiosis, the evidence was buried. In many Waters”. Instead of water pollution as the backdrop, wanted a better life for his wife and daughter, Hamby explains why. By 1988, approval of benefits by the U.S. however, “Soul Full of Coal Dust” explores the dust Department of Labor had reached a staggering 4 percent. that causes coal workers’ pneumoconiosis, more By the 1990s, black lung began rising again, and was commonly known as black lung. affecting younger miners more quickly. While unfortunate explosions dominated headlines and caused more than Chris Hamby, an investigative reporter for The New York Times, 300 deaths between 1995 to 2004, about 10,000 miners travels to the heart of coal country—West Virginia—and weaves died during the same period of black lung. together a moving narrative of coal miners and their lawyers. Through extensive research and interviews, Hamby shows how politics, business, medicine and the law worked together to create this state of affairs. His reporting is well-deserving of the Pulitzer Prize he won in 2014 for his work, which culminated in this book published in 2020. It will appeal to those interested in legal areas like workers’ compensation, medical malpractice and civil litigation.
Yet, black lung did not end in 1969, nor did the benefits Regarding the law, miners faced what Hamby calls system work as planned as the decades passed. By a “bizarre legal system that has become dizzyingly complex.” Most lawyers wouldn’t take the benefits cases centering on the personal experience of Cline, along with his for miners. The fee was not commensurate with the risk clients such as Gary Fox, a selfless coal miner who wanted a nor the time required, which could take years. Many miners died before their cases were even over. Indeed, better life for his wife and daughter, Hamby explains why. the legal challenges were one of the prime motivators behind why Cline went to law school at age 53.
62 | Columbus Bar Lawyers Quarterly Winter 2021 63 | Columbus Bar Lawyers Quarterly Winter 2021 cases, after Cline would finally get the medical reports go. When she enrolled at West Virginia University, and through discovery, the coal company would agree to eventually became a nurse, Fox was bursting with pride. pay the benefits rather than continue fighting. While Hamby’s account is not meant to offer solutions to these disparities, his narrative shows how economic As for the increase in black lung, miners were cutting imbalances can wreak this havoc on everyday lives. into areas with more silica, which caused more severe black lung. Another source was widespread safety In 2015, the U.S. Labor Department reiterated what Cline fraud. The Appalachian coal industry was struggling and miners had been saying for years: “Congress had economically - production was shifting to surface mines designed a system that, while adversarial, was supposed and fracking for natural gas – and safety didn’t pay. In to function more like a hybrid workers’ compensation what was called the “Great Coal Dust Scam” in the field, system; it was a remedial program meant to protect there was tampering with the filters that monitored coal miners.” Reforms were finally passed. And in a capstone dust. Litigation began in the early 1990s, pitting the moment for Cline, a mandatory medical expert report Labor Department against the coal companies, but it disclosure rule passed and was made effective in May fell apart through legal obstacles from semantics of the 2016. While Fox had been dead for seven years by then, Law Street Media Fastcase word “alter” to the burden of proof. Criminal cases were Cline had achieved something that had underscored all Legal News Legal Research also filed, largely without much success, though CEO of his efforts for his clients. Fox would have been proud. Massey Energy, Don Blankenship, was found guilty of a misdemeanor charge of conspiring to willfully violate AI Sandbox mine safety and health standards in 2015. Legal Data Analysis
Amid all the political and legal wrangling, Hamby illustrates the human element of miners. In West Virginia, while there has been a wealth of natural resources, there is continued poverty. Many, like Fox, went into mining because it was the best economic option in the southern part of the state where he lived. Full Court Press Paige Kohn, Esq. Expert Treatises He wanted his daughter to be able to attend college, and Franklin County Common Pleas Court he kept working even when sick so she could afford to [email protected] Docket Alarm Pleadings + Analytics
NextChapter Bankruptcy Petitions + Filing Fastcase is one of the planet’s most innovative legal research services, and it’s available free to members of the Columbus Bar Association. www.cbalaw.org
64 | Columbus Bar Lawyers Quarterly Winter 2021 offer: $250,000. Plaintiff’s Counsel: he would have earned between $1.7 Reece. Case Caption: Shuchun Jury Verdicts Gerald S. Leeseberg and Craig million and $3.2 million over the Li, et al. v. Progressive Direct S. Tuttle. Defendant’s Counsel: course of his career. Defendant died Insurance Company, et al., Case No. Andrew S. Good and Michael J. of unrelated causes before trial. His 17CV004974 (2020). Hudak. Judge Charles Schneider counsel conceded liability and the Civil Jury Trials (2018). parties agreed to limit recovery to Verdict: $5,001.00. ($5,000 in the available insurance coverage, economic damages; $1 in non- Verdict: $100,000 ($65,000 which was $2 million. Defendant’s economic damages). Franklin County Common Pleas Court for economic loss; $35,000 for counsel argued that Li did not suffer Automobile Accident. a traumatic brain injury, but only a non-economic loss). According to plaintiff, Ramona concussion and post-traumatic by MONICA L. WALLER Automobile Accident. Schwalbach, on Jan. 26, 2018 stress disorder. Plaintiff did not she was traveling southbound on On June 8, 2015, a vehicle driven by seek compensation for medical surgery, the pressure in Bradley’s outcome. The jury found for plaintiff Sawmill Road just north of I-270 Verdict: $44,514,226.00 defendant Donald D. Harper crossed expenses. Li was working full brain increased and caused and apportioned 50 percent of when her vehicle was struck from ($24,514,226.00 in economic the center line on Tremont Road and time at the time of trial. In closing damage to Bradley’s brain that responsibility to the Lab, 45 percent behind by a vehicle driven by damages; $20,000,000.00 in struck a number of vehicles headed argument, Plaintiff asked the jury resulted in near complete paralysis. to pediatric office, and 5 percent to Defendant Kelly Rogers. Neither non-economic damages). in the opposite direction including a to award $3.2 million for future It was later discovered that the ESR hospital. The Lab moved to reduce vehicle had noticeable damage. Medical Malpractice. vehicle driven by plaintiff Schuchun lost wages and an additional $3.2 and CRP lab results were abnormal. the verdict based on statutory The drivers exchanged information Li. Li claimed that the injury caused million for pain and suffering. The 9-year-old Bradley Metts was taken Bradley’s father filed suit on behalf damage caps. Plaintiff moved for and left. Schwalbach claimed that a mild traumatic brain injury jury concluded that he did not suffer to his pediatrician’s office on Nov. 5, of himself and Bradley against the pre-judgment interest arguing that her neck snapped back when her that was permanent and caused a traumatic brain injury, but suffered 2013 with symptoms that included pediatrician, nurse practitioner, the Lab did not make a good faith vehicle was struck. She felt pain him functional and emotional a concussion. Future Lost Wages: headache, light sensitivity, nausea, the Lab, Children’s Hospital and effort to settle before trial. The in her neck and shoulders. She disability. At the time of the $3.2 million. Length of Trial: Seven vomiting, fatigue, dizziness and the neurosurgeon who performed Court concluded that the caps did also experienced memory lapses accident, Li was a visiting scholar days. Last Settlement Demand: decreased appetite. Bradley had Bradley’s surgery. Plaintiffs argued not apply because the claim was and cognitive difficulties after the in the Mechanical and Electrical $1.9 million. Last Settlement Offer: seen his pediatrician about a week that, if the nurse practitioner had not a medical claim and because accident. Her family physician Engineering Department at The $150,000.00. Plaintiff’s Experts: earlier with similar symptoms. seen the ESR and CRP results on the caps were unconstitutional. diagnosed her with whiplash Ohio State University. The focus of Randall R. Benson, M.D. (neurology); The nurse practitioner ordered Nov. 6, the infection would have The Court also ordered the Lab to and a concussion and related his work was electronic car battery Sara Ford, MRC (vocational laboratory tests on a STAT basis and been diagnosed and treated without pay pre-judgment interest. The those conditions to the accident. optimization. Li claimed that, as a economist); Richard Frederick, sent the blood to Athens Medical causing damage to Bradley’s brain. Lab appealed. The parties reached Schwalbach saw a chiropractor, a result of the accident, he was unable Ph.D. (psychologist). Defendant’s Laboratory for analysis. Bradley Plaintiffs also argued that Bradley’s a settlement while the appeal physical therapist, and a speech to complete the work necessary Experts: Gerald Steiman, M.D. came back to the pediatrician’s paralysis could have been prevented was pending. Medical Specials therapist in addition to her family to earn his Ph.D. He presented (neurology); Angeles M. Cheung, office the next day for his results. The if the neurosurgeon had properly (past): $3,223,647. Other Special physician. Schwalbach was to start testimony from a vocational and Ph.D. (neuropsychologist); Joshua lab results did not include results monitored the increasing pressure Damages (past): $65,000. Special a new job the day after the accident economic expert who testified that Shimony, M.D. (neuroradiology); for the erythrocyte sedimentation in Bradley’s brain. Plaintiff asserted Damages (future): $18,557,568. at Key’s Tax Service. However, she Donald Tosi, Ph.D. (psychologist). rate and C-reactive protein. Without that Bradley was cognitively intact Lost earnings (future): $2,668,011. was never able to start that job due Plaintiff’s Counsel: Daniel R. seeing those lab results, the nurse but unable to talk and locked in Length of Trial: Nine days. Plaintiff’s to post-concussive symptoms. Volkema and Christopher R. Green. practitioner concluded that Bradley a body that was permanently Experts: Michael Chaparro, M.D. Defendant argued that she did Defendant’s Counsel: Robert C. had mononucleosis. She sent him paralyzed. All of the defendants (neurosurgery); Mark Zonfrillo, M.D. not hit Schwalbach’s car. In fact, Buchbinder. Visiting Judge Guy home with instructions to take except the Lab settled before trial. (emergency medicine); Kenneth Rogers testified that Schwalbach fluids and rest. Two days later, The Lab argued that the failure Fisher, M.D. (neurology); Michael rearended her. She also argued that Bradley was taken to Children’s to return the lab results by the Brookshire, Ph.D. (economist); the contact between the vehicle Hospital because his condition had following day was not a breach of Cam Parker (life care planner). was very minimal with no damage worsened. There, he was diagnosed the standard of care. The Lab also Defendant’s expert: Joseph Gigante, to either vehicle. Therefore, the with an infection in his brain and argued that returning the results M.D. (primary care). Last settlement impact was insufficient to cause underwent surgery. Following earlier would not have changed the demand: $5 million. Last settlement the physical injuries that plaintiff
66 | Columbus Bar Lawyers Quarterly Winter 2021 67 | Columbus Bar Lawyers Quarterly Winter 2021 claimed. The jury concluded that had become lethargic and admitted remove certain jurors for cause. The COLUMBUS BAR ASSOCIATION SUSTAINING MEMBERS Rogers caused the accident and to taking pain medication that Tenth District affirmed the Court’s awarded Schwalbach $5,000 for was not authorized. Diakite was decision. Length of Trial: Seven her medical expenses and $1 for administered Narcan. On the days. Last Settlement Demand: her pain and suffering. Plaintiff filed afternoon of June 5, 2015, Diakite’s $1.5 million. Last Settlement Offer: post-trial motions for judgment condition deteriorated and she was None. Plaintiff’s Expert: Andrew notwithstanding the verdict, for a transferred to an intensive care unit. Eisenberger, M.D. (hematologist). THANK Y U new trial, and for additur. The Court Diakite developed acute respiratory Experts of Defendant Dr. Garabis: denied those motions. Medical distress syndrome and died on the Martin Tobin, M.D. (pulmonary/ Specials: $16,147.82 (reduced morning of June 6, 2015. Plaintiff critical care expert); Fred Miser, M.D. Your support makes a difference. to $8,997.32 after write-offs). sued Dr. Allen, Dr. Garabis and the (family medicine/hospitalist expert);
Lost Wages: $3,840.00. Length of hematologists. Plaintiff argued Ronald Sacher, M.D. (hematologist). Daniel N. Abraham • Trial: Two days. No information that all of the defendants fell below Expert for Defendants Nallari James D. Abrams • Lawrence regarding settlement discussions the standard of care in failing to and Necker: Martin Steinberg, D. Abramson • David W. Alexander • Mitchell J. Alter was provided. Plaintiff’s Expert: appropriately monitor Diakite’s M.D. (hematologist); and Biree • John M. Alton • Marty Anderson • Sandra J. Anderson • Katherine Westra, M.D. (family labs and respond to a report of Andemariam, M.D. (hematologist). Randall S. Arndt • Richard E. Ary • Jeffrey A. Auker • Matthew D. Austin • medicine). Defendant’s Expert: increasing nucleated red blood Counsel for Plaintiff: David Shroyer. Andrew Paul Avellano • Gerald J. Babbitt • Eimear Bahnson • Andrew J. Bainbridge • Thomas None. Plaintiff’s Counsel: Shawn cells. Plaintiff’s expert argued that Counsel for Defendants Garabis H. Bainbridge • Amanda C. Baker • Kathleen A. Ballenger • Larry D. Barker • Mary Barley-McBride • Dingus. Defendant’s Counsel: Alix Diakite needed a rapid exchange and American Health Network Belinda S. Barnes • Robert B. Barnett, Jr. • Aaron J. Barone • Joseph J. Barone • Jennifer A.L. Battle • Gerald T. Baynes • West. Magistrate Ed Skeens. Case blood transfusion, which would Co: Grier D. Schaffer and Gerald James R. Beatley, Jr. • Otto Beatty, Jr. • Michael R. Becker • John C. Beeler • Robert J. Beggs • Robert J. Behal • Stuart Benis • Steven A. Caption: Ramona Schwalbach v. have stopped the accumulation of Todaro. Counsel for Defendants Bennett • John W. Bentine • Dan J. Binau • John F. Birath, Jr. • Margaret L. Blackmore • David S. Bloomfield, Jr. • David S. Bloomfield • Sally W. Bloomfield Kelly Rogers, et al. Case No. 18 CV fat emboli and prevented further Hematology Oncology Consultants, • James B. Blumenstiel • Paul A. Bodycombe • Kimberly W. Bojko • Michael D. Bonasera • Thomas J. Bonasera • Kimberly Bond • Sandra E. Booth • Douglas M. Bricker • Timothy R. Bricker • Colleen H. Briscoe • Yvette McGee Brown • William J. Browning • Rick L. Brunner • Stephen R. Buchenroth • Bruce H. Burkholder • Jack C. Butler • Karen M. Cadieux 6554 (2020). deterioration of Diakite’s pulmonary Inc., Anitha Nallari, M.D. and Adam C. • Joel R. Campbell • Kristie A. Campbell • Leonard A. Carlson • Margaret R. Carmany • James C. Carpenter • Michael H. Carpenter • Nick V. Cavalieri • Lance Chapin • Stephen E. Chappelear • John J. Chester • Alphonse P. Cincione • Anthony C. Ciriaco • Douglas R. Cole • Mark C. Collins • James P. Connors • Christina L. Corl • William R. Creedon • James M. function. Plaintiff also argued that Necker, CNP: Frederick A. Sewards. Cutter • Ronald E. Davis • Mark E. Defossez • Patti L. Denney • Debra J. DeSanto • Cheryl H. DeVore • Susan M. DiMickele • Katherine Dodson • Richard S. Donahey, Jr. • Julia L. Dorrian • Daniel T. Downey • Darrell L. Dreher • Vincent A. Dugan, Jr. • Robert R. Dunn • David A. Dye • Susan Garner Eisenman • J. Richard Emens • Barry W. Epstein • Robert D. Erney • J. Michael Evans • John K. Everett • Elizabeth T. Farrar • John C. Fergus, II • Defense Verdict. Dr. Garabis fell below the standard Judge Richard Frye. Case Caption: Aaron C. Firstenberger • Stephen C. Fitch • Russell N. Flickinger, Jr. • Ronald A. Fresco • Bradley N. Frick • Scott N. Friedman • Tod H. Friedman • Carl B. Fry • Richard A. Frye • Philip Fulton • Judith E. Galeano • Sheila Nolan Gartland • Preston J. Garvin • Kort W. Gatterdam • Christopher J. Geer • Nelson E. Genshaft • Joseph A. Gerling • Jack G. Gibbs, Jr. • Robert E. Giffin, CPA, J.D., LLM • Paul Giorgianni • Kenneth R. Goldberg • Medical Malpractice. of care in failing to evaluate Diakite C. Thomas Hoy, Administrator of Corey A. Goldsand • David A. Goldstein • William A. Good • James H. Gordon • Terrence A. Grady • James L. Graham • Anthony William Greco • Peter N. Griggs • Andrew S. Grossman • Jeffrey A. Grossman • Donell R. Grubbs • Daniel J. Gunsett • Howard J. Haddow • Allen L. Handlan • Courtney L. Hanna • Robert E. Hanson • R. Chris Harbold • James J. Harris • Steven M. Harris • John C. Hartranft, Sr. • Dawn after the administration of Narcan the Estate of Oumou Diakite v. R. Hays • Holly H. Heer • Brigid E. Heid • Steven L. Heiser • David A. Herd • Mark Albert Herder • Edward C. Hertenstein • Charley Hess • Michael J. Hickey • Thomas W. Hill • Gerald Franklin Hinkle II • On May 30, 2015, Oumou Diakite Christopher E. Hogan • H. Ritchey Hollenbaugh • Edwin J. Hollern • Eugene L. Hollins • Vincent I. Holzhall • Douglas E. Hoover • John W. Hoppers • Dennis E. Horvath, III • Edward G. Hubbard • and failing to communicate with the OhioHealth Corporation, et al. Case James J. Hughes, III • Dwight I. Hurd • Jeffrey W. Hutson • Cynthia Ellis Hvizdos • John D. Hvizdos • Richard B. Igo • Daniel J. Igoe • Frederick M. Isaac • Janet E. Jackson • D. Ryan Jankowski was admitted to Grant Medical • Vicki L. Jenkins • Caitlyn Nestleroth Johnson • Calvin T. Johnson, Jr. • John P. Johnson, II • Kiehner Johnson • Christopher Jones • John S. Jones • Stephen D. Jones • Michael S. hematology group about Diakite’s No. 16CV-5305 (2018). Jordan • Jennifer J. Joseph • John J. Joseph • Michael D. Juhola • Jeffrey J. Jurca • Stanley R. Jurus, Jr. • Bradley D. Keating • Rebecca C. Kells • Russell A. Kelm • John W. Kennedy Center. She was 37 years old and • Robert W. Kerpsack • Russell W. Kessler • Allen S. Kinzer • Mark Kitrick • Zachary M. Klein • Kenneth R. Kline • Robert A. Koblentz • Bradley P. Koffel • Joseph E. Kohler • deteriorating condition. Plaintiff Katherine K. Kremer • Kevin F. Kurgis • John L. Landolfi • William M. Lane • Susan M. Lantz • Donald B. Leach, Jr. • Gerald S. Leeseberg • Paul W. Leithart, II • David J. had a sickle cell disease. She came Leland • Robert A. Letson • Richard L. Levine • Phillip G. Lilly • Scott T. Lindsey • Thomas H. Lindsey • Thomas K. Lindsey • Ronald G. Linville • Jeffrey A. Lipps • resolved her claims against Dr. Allen, Marion H. Little, Jr. • Katheryn M. Lloyd • David A. Lockshaw, Jr. • Steven M. Loewengart • Thomas L. Long • Richard L. Loveland • William L. Loveland • J. in because she was in pain due to Richard Lumpe • Patrick D. Maguire • Daniel M. Maher • Kent R. Markus • Robert D. Marotta • Jonathan W. Marshall • LeeAnn M. Massucci • Michael L. but proceeded to trial on the claims Maxfield • Michael D. McCarthy • George C. McConnaughey • Leon M. McCorkle, Jr. • Kerry L. McCormick • Timothy J. McGrath • Stephen L. McIntosh sickle cell crisis. Upon admission, • Kristen E. McKinley • David J. McNichols • Christopher R. Meyer • David P. Meyer • Richard F. Meyer • Jay E. Michael • Brett L. Miller • Robert P. against the remaining defendants. Miller • S. Michael Miller • Terrance M. Miller • Timothy T. Miller • Charles K. Milless • Daniel J. Minor • Denise M. Mirman • Joel H. Mirman • Nancy E. Morrison • Scott R. Mote • James S. Mowery, Jr. • Stephen A. Moyer • Theodore M. Munsell • Timothy E. Murphy • Bernard she came under the care of M. Murray • K. Wallace Neidenthal • John C. Nemeth • David M. Neubauer • D. Wesley Newhouse • Dennis R. Newman • Joseph Nigh Defendants’ experts testified that • William A. Nolan • Ashley L. Oliker • Andrew W. Owen • Robert G. Palmer • David T. Patterson • David C. Patterson • Kelly C. Patton defendant Jacinda Allen, M.D., a • Samuel A. Peppers, III • Robert J. Perry • Georgeann G. Peters • John J. Petro • Mark Petrucci • Christopher R. Pettit • Gina M. defendants met the standard of Piacentino • William R. Polhamus • Mark C. Pomeroy • Rosemary Ebner Pomeroy • Frederic A. Portman • Charles C. Postlewaite • hospitalist, and hematologists, Gary Paul Price • Rebecca Roderer Price • Gregory D. Rankin • Robert L. Ratchford, Jr. • Frank A. Ray • James A. Readey • Susan D. care and that the plaintiff’s expert’s Rector • Frank J. Reed, Jr. • William J. Rees • Lisa Pierce Reisz • James K. Reuss • R. L. Richards • Timothy A. Riedel • Margaret J. defendant Anitha Nallari, M.D. and Ritenour • Paul D. Ritter, Jr. • Ronald A. Robins, Jr. • Heather B. Robinson • Matthew J. Roda • Douglas L. Rogers • Bridgette C. Roman opinion that defendants should Monica L. Waller, Esq. • Michael J. Rourke • Christopher C. Russell • James A. Rutledge • James G. Ryan • Philip P. Ryser • James A. Saad • Michael D. Saad defendant Adam C. Necker, CNP. Lane Alton & Horst • Jeffery D. Sammons, CPA, MBA • Charles Rockwell Saxbe • Scott Wilson Schiff • Michael A. Schlonsky • Charles A. Schneider • Karl have responded to the increase H. Schneider • Keith W. Schneider • Richard W. Schuermann, Jr. • John D. Schuman • Joel E. Sechler • Jonathan Rea Secrest • Shana On June 4, 2015, Diakite fired Dr. [email protected] Ortiz See • Samuel H. Shamansky • Carol A. Sheehan • Alan Wayne Sheppard • Kevin T. Shook • David I. Shroyer • Gordon P. Shuler • Alex in nucleated red blood cells with Shumate • Kimberly Callery Shumate • Richard W. Siehl • Thomas J. Sigmund • Belinda Henderson Simile • Carl D. Smallwood • Elizabeth Allen because of a dispute about T. Smith • George C. Smith • Lee M. Smith • Scott Elliot Smith • Jill M. Snitcher • Ronald L. Solove • Michael Soto • Beatrice K. Sowald • treatment is not the standard of Heather G. Sowald • Christopher J. Spiroff • Michael L. Squillace • Stanley R. Stein • James H. Stempien, Jr. • J. Scott Stevenson • J. her narcotic pain medication. Douglas Stewart • Richard K. Stovall • Evelyn Lundberg Stratton • A.C. Strip • Robin L. Strohm • Roger P. Sugarman • Ira B. Sully • Thomas care and not supported by any E. Szykowny • Thomas M. Taggart • Thomas Taneff • Susan M. Temple • J. Troy Terakedis • Myron N. Terlecky • David H. Thomas • Melissa Defendant Francisco Garabis, M.D. L. Thompson • Steven W. Tigges • Michael C. Tomkies • Kathleen McManus Trafford • Gregory M. Travalio • Thomas W. Trimble • James P. medical literature. The jury found in Tyack • Jonathan T. Tyack • Thomas M. Tyack • Anne M. Valentine • Frederick A. Vierow • Daniel R. Volkema • William J. Wahoff • David A. took over as Diakite’s hospitalist. Wallace • Thomas H. Wallace • Robert J. Walter • G. Samuel Wampler • Charles C. Warner • Geoffrey E. Webster • Robert J. favor of defendants on the standard Weiler • Amy J. Weis • Robert Werth • E. Joel Wesp • Edward F. Whipps • Angela Paul Whitfield • Scott N. On June 5, 2015, Dr. Garabis was Whitlock • Kelly M. Wick • Alec Wightman • Linda Ann Wilkins • John P. Witten • Barry H. Wolinetz • William H. Woods • Bradley B. Wrightsel • R. Douglas Wrightsel • of care. Plaintiff appealed asserting Thomas D. Wyatt • Michael E. Zatezalo • John W. Zeiger • informed by nurses that Diakite James A. Zitesman • Benjamin L. Zox • that the Court erred in failing to Elizabeth J. Zuercher
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