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Daily Fantasy Sports THE OHIO STATE BAR ASSOCIATION MEMBER MAGAZINE January/February 2016 VOL 30 , NO. 1 www.ohiobar.org DAILY FANTASY SPORTS Mobile gambling or game of skill? Tips for better Drones: What you need to know about Go Set a Watchman understanding client files America's fastest growing hobby book review StartStart saving saving after after one one claims-free claims-free year year CLAIMS-FREECLAIMS-FREE DISCOUNT DISCOUNT 30%30% 25%25% 20%20% 15%15% 10%10% DISCOUNT DISCOUNT 5%5% 0%0% 1 1 2 2 3 3 4 4 5 5 6 6 7 7 POLICYPOLICY YEAR YEAR StartStart saving saving in your in your second second policy policy year year or second or second year year following following the thereport report of a of claim. a claim. Your Your savings savings rate rate will willgrow grow each each year year you you are are claims-freeclaims-free until until you you reach reach our ourtop top savings savings rate rate of 30 of percent.30 percent. Don’tDon’t wait wait to start to start saving, saving, contact contact OBLIC OBLIC today. today. (800)(800) 227-4111 227-4111 OwnedOwned and and endorsed endorsed by the by the OhioOhio State State Bar BarAssociation Association www.oblic.comwww.oblic.comwww.ohiobar.org OhioLawyer Vol. 30 No. 1 Departments 4 | President’s Perspective Unbundling legal services: A win for attorneys, a win for litigants, and a win for the courts 5 | In Brief The right to offend; Minority associate percentages drop; Wasting work time; Mentors trump family members 18 | Beyond the Courtroom Features Ohio lawyer provides musical solace 6 | Drones and the law: 20 | Counsel Comments What you need to know Client files: What should (or must) be given to by Robert L. Ellis the client With the popularity of drones swiftly growing, the FAA confirms drone regulations for businesses and hobbyists. 22 | In My Opinion October 6, 1987: A day that changed the Supreme Court – and America 12 | Daily fantasy sports firestorm by Kevin P. Braig 24 | Practice Tips DFS businesses gamble with legal intricacies that will Tips for lawyers who want to get good results ultimately decide their futures (or lack thereof). for clients and make money 27 | Foundation News #Giving(Tuesday) for Access to Justice 28 | Inside OSBA All-Ohio Legal Forum save-the-date; Mock trial volunteers needed; Interested in free CLE?; Randall Comer announces candidacy for next OSBA President-Elect 29 | Member News Awards and community involvement of OSBA members 30 | Books & Bytes Go Set a Watchman book review 32 | CLE Calendar January, February and March programs www.ohiobar.org www.ohiobar.org January/February 2016 Ohio Lawyer 1 TITLEOhio Lawyer THOMAS TANEFF Ohio Lawyer is published bimonthly CO., LPA by the Ohio State Bar Association. Ohio Lawyer Staff Editor: Nina Corbut Graphic Designer: Chris Lochinski Editorial: Andrew Hartzell, Advertising: Terry Henson Dan Beckley, Tori Metzger Website Editor: Dan Beckley Board of Editors Judge David Hejmanowski, Chair, William Kaufman, Lebanon Delaware Alan J. Lehenbauer, Swanton Steve Bolton, Youngstown Kris Long, Columbus J. Kristin Burkett, Newark Joseph L. Ludovici, East Liverpool Hilary Ruth Damaser, Columbus Kevin P. Murphy, Warren Thomas L. Guillozet, Versailles Stephen L. Smith, New Bremen Paul Hervey, New Philadelphia Judge James Stevenson, Sidney Judge James Jensen, Toledo OSBA Officers President: Executive Director: John D. Holschuh Jr., Cincinnati Mary Amos Augsburger President-elect: Ronald S. Kopp, Akron “Adoption/Surrogacy. I know this stuff!" Advertising Sales and Editorial Offices Ohio State Bar Association Advertising: [email protected] Thomas Taneff P.O. 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Our mission is to provide you with the services and experiences that advance you toward your personal and professional goals, and help you succeed on your own terms. The OSBA can help you: • Prepare your next brief with Casemaker®, our free-to-members online legal research tool; • Take advantage of member discounts on our wide variety of CLE programs designed to fit your particular needs and schedule; • Ease stress on your practice and your wallet with our vendor discount programs; • Stay current on cases, statutory changes and emerging legal trends with publications such as the Ohio State Bar Association Report, Ohio Lawyer and section newsletters; • Get practice tips from a library of practice tools whenever you need them on our mobile-friendly website; • Stand out from the crowd with specialty certification and the OSBA Bar College; and • Expand your network and influence with our committees, sections and government affairs program. By taking advantage of just a few of these services each year, you will realize the full value of your annual membership. To see all of the services and programs we offer, visit our website at www.ohiobar.org or call our dedicated Member Service Center at (800) 232-7124 or (614) 487-8585. Thank you for your membership. www.ohiobar.org President’s Perspective Unbundling legal services: A win for attorneys, a win for litigants, and a win for the courts I admit I had never heard the term Is unbundling allowed to the litigants is obvious—they “unbundling of legal services” until I under Ohio law? get the help they need in what may served on the Ohio Supreme Court Yes. Rule 1.2(c) of the Ohio Rules of be a complex area of litigation and Access to Justice Task Force. Over Professional Conduct provides, “A avoid making what may be a very the past year, I have learned what lawyer may limit the scope of a new or costly and devastating mistake. “unbundling” involves, and how many existing representation if the limitation lawyers and judges are not familiar is reasonable under the circumstances What is the reaction with the concept. In use, it can be a and communicated to the client, from the courts? great financial resource for lawyers preferably in writing.” However, as Interestingly, every judge I have talked while increasing access to legal services a word of caution, neither this rule to is in favor of unbundling once the for those litigants who choose to nor any other rule defines what is concept is explained to them. Many represent themselves. At the same “reasonable under the circumstances.” judges have told me they weren’t aware time, trial courts avoid having pro se One of the recommendations from of unbundling and have not seen it used litigants try to handle complex legal the Task Force Report on Access in their courts. When we discuss the issues that often delay proceedings. to Justice is to ask the Board of concept, the judges start talking about Professional Conduct to provide how unbundling could really help their What are unbundled comments or guidance that address dockets. Judges tell me more and more legal services? common questions about when a lawyer folks are proceeding pro se, and when a When a client hires a lawyer, it is may provide limited representation.
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