THE OHIO STATE BAR ASSOCIATION MEMBER MAGAZINE

July/August 2018 VOL. 32, NO. 3 www.ohiobar.org

GET TO KNOW NEW OSBA PRESIDENT ROBIN WEAVER

We'll see you in C-Bus! Application and Use of The Same Juror Rule 8 Prejudgment Attachment 18 Proceedings 16 YOU WOULDN’T STAGE DIVE WITHOUT A CROWD WHY WOULD YOU PRACTICE LAW WITHOUT OBLIC?

We protect you. We protect your firm. We protect your reputation. Owned and endorsed by the Ohio State Bar Association, we are the leading provider of professional liability insurance for lawyers, and the only carrier exclusively devoted to protecting Ohio attorneys. Because we speak the language of the law, we have earned the trust and loyalty of lawyers and law firms all over Ohio. OBLIC has been recognized by Columbus Business First in each of the last four years as one of the fastest growing property and casualty insurance companies in Ohio. “Protecting Lawyers and Their Clients Since 1979” Call: (800) 227-4111 | www.oblic.com Table of Contents 14 Legal Leaders In memoriam, awards and community involvement of OSBA Members.

OSBA Welcomes CLE Bundles 4 15 President Robin Weaver OnDemand bundles: By Andrew Hartzell 15 credits for $159! Get to know new OSBA President Robin Weaver.

Application and Use of 16 Prejudgment Attachment We'll see you in C-Bus! Proceedings 8 What you need to know about the OSBA Convention/Legal Forum By Lawrence J. Scanlon and David C. Perduk Aug. 22-24. YOU WOULDN’T STAGE DIVE Attach a defendant's property before a judgment has been issued by the court to ensure collectability. WITHOUT A CROWD Foundation News 12 The generosity of George Ritter. WHY WOULD YOU PRACTICE LAW WITHOUT OBLIC?

We protect you. We protect your firm. We protect your reputation. Ohio Lawyer Staff Advertising Sales and Content Advisory Board Owned and endorsed by the Ohio State Bar Association, we are the Director of Marketing and Communications: Editorial Offices Judge David Hejmanowski, Chair, Angelica Jarmusz, Columbus Cynthia Kincaid Ohio State Bar Association leading provider of professional liability insurance for lawyers, and the Delaware Joe Ludovici, Chester, W.Va. Editor: Andrew Hartzell P.O. Box 16562 Bradley Adams, DeGraff only carrier exclusively devoted to protecting Ohio attorneys. Because Graphic Designer: Dan Petrovski Columbus, Ohio 43216-6562 Christina Spencer, Dayton we speak the language of the law, we have earned the trust and loyalty Website Editor: Dan Beckley (800) 282-6556; (614) 487-2050 Carly Edelstein, Columbus Judge James Stevenson, Sidney of lawyers and law firms all over Ohio. OBLIC has been recognized by OSBA Officers Advertising: [email protected] Alicia Graves, Scott Sugarman, Bexley Editorial: [email protected] Paul Hervey, Canton Columbus Business First in each of the last four years as one of the President: Robin Weaver, Cleveland Printing: Hopkins Printing Chris Hollon, Dayton fastest growing property and casualty insurance companies in Ohio. “Protecting Lawyers President-elect: Eleana Drakatos, Columbus and Their Clients Since 1979” Executive Director: Mary Amos Augsburger OHIO LAWYER Call: (800) 227-4111 | www.oblic.com JULY/AUGUST 2018 1 Table of Contents Sutter O’Connell Adds New Talent Invoice Payment YOUR LOGO Sutter O’Connell is proud to announce the Payment Detail Amount addition of new associates to the firm. Your Law Firm 1234 Main Street $ 500.00 Anytown, TX 12345 512-555-1234 [email protected] Card Information www.yourlawfirm.com Chelsie Palecek. Name on Card Chelsie is a 2017 graduate Roy Smith of the University of Akron Card Number CVV School of Law, where she 5555 5555 5555 5555 111 The Same Juror Rule competed as an advocate Exp. PAY ATTORNEY August 2020 18 on Akron’s nationally By Clifford Masch recognized mock trial A juror who does not determine liability against team. Prior to joining a given defendant can still participate in the Sutter O’Connell, Chelsie determination of damages against the defendant. clerked for firms in Canton and Akron. Chelsie joins the Products Liability and Environmental & Toxic Tort EASY FOR YOUR CLIENTS, Statehouse Connection practice groups. 21 By Todd Book A NO-BRAINER FOR YOUR FIRM. The dog days of summer are upon us. Ashley Wakefield. A 2015 graduate of the University of Akron School of Law, Ashley is also the The Movement recipient of the CALI 22 Here's how OSBA members improve and advance Award for Excellence the legal profession. for the Future Award in SECURE credit card Remedies and received First Place in the 2015 processing for law firms Akron Law Intramural Mock Trial Competition. Member Spotlight Ashley will be practicing IOLTA COMPLIANT 24 Meet OSBA member Alphonse A. Gerhardstein. in the firm’s Commercial Litigation, Civil Rights THE PREFERRED CHOICE and Government Liability, Approved Member Benefit Products Liability and For more than a decade, LawPay has been the go-to Workers Compensation solution for the legal industry. Our simple online payment of 47 STATE BARS areas. solution helps lawyers get paid faster. LawPay lets you attach a secure payment link to your email, website, or Trusted by over invoices so that clients can pay with just a click. Our 50,000 lawyers solution was developed specifically for law firms, so Editorial Offices Artwork Credits Ohio Lawyer (issn 1097-6493) is published bimonthly written permission, is prohibited. Requests for reprint ©Shutterstock.com/g/sepavo: 4 earned and unearned fees are properly separated and by the Ohio State Bar Association, P.O. Box 16562, permission should be sent to the Ohio Lawyer ©Shutterstock.com/g/rawpixel: 14 your IOLTA is always protected from any third-party Powering payments for Columbus, Ohio 43216-6562. Phone: (800) 282- editorial offices. ©Shutterstock.com/g/pp1: 16 6556 or (614) 487-2050. Periodicals postage paid at ©Shutterstock.com/g/malibu: 18, 19 Editor reserves the right to reject any advertising debiting. Simply put, no online payment processor has 30+ TOP PRACTICE Columbus, Ohio and additional offices. Ten dollars of ©Shutterstock.com/g/damedeeso: 21 submitted for publication. 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LawPay is a registered ISO of Citizens Bank, N.A. OHIO LAWYER 2 JULY/AUGUST 2018 Invoice Payment YOUR LOGO Payment Detail

Amount Your Law Firm 1234 Main Street $ 500.00 Anytown, TX 12345 512-555-1234 [email protected] Card Information www.yourlawfirm.com Name on Card Roy Smith

Card Number CVV 5555 5555 5555 5555 111 Exp. PAY ATTORNEY August 2020

EASY FOR YOUR CLIENTS, A NO-BRAINER FOR YOUR FIRM.

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IOLTA COMPLIANT THE PREFERRED CHOICE For more than a decade, LawPay has been the go-to Approved Member Benefit solution for the legal industry. Our simple online payment of 47 STATE BARS solution helps lawyers get paid faster. LawPay lets you attach a secure payment link to your email, website, or Trusted by over invoices so that clients can pay with just a click. Our 50,000 lawyers solution was developed specifically for law firms, so earned and unearned fees are properly separated and your IOLTA is always protected from any third-party Powering payments for debiting. Simply put, no online payment processor has 30+ TOP PRACTICE more experience helping lawyers than LawPay. MANAGEMENT SOLUTIONS

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LawPay is a registered ISO of Citizens Bank, N.A. New OSBA President Robin Weaver is an avid cyclist. During warm weather he rides his bike every weekend — 40 miles on Saturday and 60 to 80 miles on Sunday. “Go west in Cleveland and it’s relatively flat. Sunday, I go east and it’s very hilly. It’s a real challenge to be able to accomplish that. I love the feeling of accomplishment and the wind blowing in my face. It just feels great. “I think there are a lot of parallels between cycling and being a trial lawyer. Mental toughness when you’re climbing some of those incredible hills. Mental toughness in trial when you’re in there week after week, getting three to four hours of sleep a night, you’ve got to fight through it. “Most of the time you can win if you prepare properly and your skill level is there. It’s very gratifying. Actually, the practice of law is more gratifying because you’ve helped your client.” First admitted to the bar in 1974, Robin is a past president of the Cleveland Metropolitan Bar Association and has been active in OSBA operations DRIVEN TO for years. He served on the OSBA's governing body — the Board of Governors — for three years; on the policy-setting Council of Delegates; as vice chair of the Board's Government EXCELLENCE Affairs Committee; and as a member and committee chair for the Board of Directors of the Ohio Bar Liability Veteran trial attorney takes the Insurance Company. He began his term as OSBA President July 1. lead as OSBA President He is a fellow of both the American College of Trail Lawyers and the International Society of Barristers, by Andrew Hartzell and a long-time faculty member of the National Institute of Trial Advocacy, where he also serves on the board. “I am honored to be an attorney. I think this is a very honorable profession. Those of us who are in this profession are fortunate and need to recognize that. We have a special responsibility and I hope lawyers will act accordingly. “Ever since I was old enough to really think about what I wanted to be in life,

4 I wanted to be a lawyer. There was a friend of my parents who was a lawyer “There’s strength in numbers and this and I thought he was a pretty cool guy. I remember watching the CBS evening organization was created to advocate for lawyers. news during the civil rights era, and I We’re the voice of the profession.” was impressed with the lawyers who were going to the Supreme Court and challenging. The most fulfilling part partner, and it was certainly a partner- using the law to effect change in the is being able to master the particular level case. My goal was to get immersed system. subject matter that's involved in a in the case as much as possible so that I trial and relay it so well that you can could not be removed from the case. communicate it to a jury of laypeople. “About a month before the trial, our You cannot be afraid to go to trial. partner who did malpractice defense As much valuable experience as Robin work came to me and said, ‘I was at has accumulated, it turns out he might the courthouse today and everyone not have ended up with such a notable is talking about this case that's going trial advocacy career without taking a to trial in federal court.’ He said it chance he acknowledges he probably sounded like a fascinating case and said, should not have taken. ‘I wish we were in it!’ I said, ‘What are “One of my most memorable cases was you talking about? You are in it.’’’ representing Mount Zion Hospital in “...It was a fascinating case...It was risky Cleveland. They developed a fasting because had I lost that case, I might not “My parents would always stop at program for the treatment of morbidly be here today, and I certainly wouldn't universities when we were on vacation. obese people called OptiFast. I had have been a partner at Squire, Sanders, In the summer between my eighth read about this in Time magazine and & Dempsey.” and ninth grade years, we were going I was fascinated by it. A partner who “I’d say the biggest challenge I’ve to Greenfield Village and the Henry specialized in medical malpractice faced in my career was establishing my Ford Museum and we stopped in Ann defense work at our firm was on credibility. I was handling significant Arbor. I was standing in the middle of vacation, so I got a call from the matters and as a young lawyer, people the law quadrangle at the University of insurance company asking me if I look at you and wonder how much Michigan and was just overwhelmed would go to meet with these doctors experience you have and whether you by it. who have been sued. I did and realized should be handling the case. I used to “At the end of the ninth grade, we had it was going to be a fascinating case. I have a mustache because I wanted to to write an autobiography. The last did something that no lawyer should look older. I finally shaved it in 2010. chapter was about what we were going ever do. I wanted that case. I was not a to do in the future. I said I wanted to be a lawyer and go to the University of Michigan law school. I was fortunate enough to make it.” Following his graduation from law school, he joined Squire, Sanders & Dempsey (now Squire Patton Boggs) in the litigation practice, rising to senior partner. Over the course of his career, Robin has tried cases throughout the state and federal courts in Ohio, as well as in many courts around the country. His practice has included extensive appellate work in the U.S. Courts of Appeals for the Second, Third, Sixth, Seventh and Eleventh Circuits, as well as several state Supreme Courts and a multitude of state courts of appeal. “I find being a trial lawyer to be very

OHIO LAWYER JULY/AUGUST 2018 5 Luckiest Man in My wife had never seen me without a mustache before that time. the World

I’m very proud of my family. My wife has had an accomplished career as an English teacher in a middle school and recently retired. I have three daughters and now all three are in Washington D.C. My oldest was an admissions officer at a private school in Chicago and she is now the admissions officer for the middle school at Sidwell Friends School, which is well known “To be candid, when I started, as a as Chelsea Clinton went there and person of color that was something you the Obama girls. It’s an outstanding could see people questioning. I tried school. cases in areas for a month where I did My middle daughter did Teach for not see another minority person. All America for 3 years. She then was of my juries have been predominantly fortunate enough to get a Fulbright white, and many of them have been all scholarship and went to South Korea white. where she did research and taught “I was able to overcome those hurdles. I for 18 months, came back and went was just myself. I treated everyone fairly into education. She reached a fork and equally, from the court reporter and in the road where she thought she bailiff to the judge and jurors. I’ve been about going back and get a PhD in able to relate to people and develop a education administration or go to law rapport. If you like people, you can go a school. She opted for law school and long way.” she’s just finished her second year at Over the course of his career, Robin has Georgetown. witnessed improvements in the diversity My youngest daughter went to of the profession to the benefit of both the University of Wisconsin. She’s lawyers and their clients. with the D.C. public schools in the “When I started practicing, we had 135 communications department. So, lawyers in our firm. The only women I’m proud of my wife and my three in the firm were in my class. The only daughters. I consider myself to be the black lawyers in the firm were in my luckiest man in the world. class. We had 24 new lawyers who started, four women and two lawyers who were black. Since then, just looking at our firm, I can’t tell you how many female lawyers we have. I can’t even tell you how many female partners we have. That’s a good thing because there are enough that I can’t count them on one hand. It has really changed the fabric of the firm, and other firms have gone through the same process. It has impacted the courts. There was one female judge in Cuyahoga County when I started, out of 40 common pleas court judges. Now I can’t tell you how

OHIO LAWYER 6 JULY/AUGUST 2018 “I am honored to be an attorney. I think this is a very honorable profession. Those of us who are in this profession are fortunate and need to recognize that. We have a special responsibility and I hope lawyers will act accordingly. many there are. Diversity and inclusion fact, back in April we were lobbying in have strengthened the legal profession Washington D.C. to try to protect that and the system of justice we have in our program so lawyers who qualify can country. continue to receive that relief.” “I think it’s also a positive for the While Weaver is committed to being clients. To get the best result, you of service to the younger lawyers O-H-I-O want diverse viewpoints to weigh in. coming into the bar, he also stresses the In-house legal staffs and non-legal importance of the OSBA to all lawyers. While I went to Ohio State undergrad and professional staffs have also changed. “The OSBA has led the way. For Michigan Law School, I am a very avid They have more women and more example, the state is constantly looking Ohio State fan. People say to me, “well you people of color. They want their outside for revenue sources, so the legislature must be torn on that Saturday,” and I say consultants, including their lawyers, to says here’s an untapped source, we’ll “no not in the least, I’m a buckeye through reflect what they have in the company. tax legal fees. Clients don’t want that. and through.” My two favorite teams in “There is still more to do, and the We don’t want that. It would be a the country are Ohio State and whoever’s OSBA is committed to helping further nightmare. They keep coming back playing Michigan. important diversity and inclusion with that proposal. We’ve beaten it back education in our profession.” several times. The one voice that can get this done is the OSBA. Robin serves as a member of the Access to justice is a daunting OSBA Futures Commission, which “There’s strength in numbers and this task. According to the Ohio Legal released a report last year making organization was created to advocate Assistance Foundation, for every person recommendations for how attorneys for lawyers. We’re the voice of the served by legal aid in Ohio, three can best confront dramatic social profession.” people are turned away due to lack of and economic changes following the Robin also plans to make access to capacity. great recession that have impacted justice one of his focal points during his Championing access to justice, in the practice of law. In his new role as year as president. OSBA president, he is cognizant of the addition to helping new lawyers tackle modern-day challenges facing young “To me, access to justice means their legal debt and advocating at legal professionals. providing legal assistance to those who, the Statehouse as the unifying voice economically, cannot afford the service of the profession, are no small tasks. “The cost of a legal education today of an attorney. They are being shut out, Fortunately, the OSBA has a leader is significant. Young lawyers coming not because they don’t have a legitimate in Robin Weaver whose sense of out of law school are in incredible claim or cause of action, but because perseverance means he never shies away debt. How are they going to be able to they simply don’t have access to an from a challenge. take public service jobs with that kind attorney. I think that it’s very important of debt? Are they going to be forced “My favorite saying. It’s not just a to broaden access to justice as much as saying, it’s part of my philosophy of into jobs they didn’t really want to do possible, more specifically access to an because they need to make the money life, ‘It’s better to light one candle than attorney. People have been working on curse the darkness.’ Do what you can. to pay down their debt? That’s a concern this for a while. It’s going to be a cause of mine. Make the best of a situation. That was célèbre of my year as president here. inscribed over the entrance of the old There are forgiveness programs if you I’ve got some ideas to implement that Cleveland Press newspaper building. spend a prescribed amount of time are different from anything that’s been I went there for training when I was a working in the nonprofit area, your done in Ohio.” newspaper boy and I’ve never forgotten debt will be forgiven. As a matter of that inscription.”

OHIO LAWYER JULY/AUGUST 2018 7 Special Event

CONVENTION/ LEGAL FORUM COLUMBUS AUGUST , 

We'll see you in C-Bus! Join us for the premier opportunity to network with colleagues and thought-leaders from across Ohio. Congratulate friends and mentors as we honor the recipients of the Elam Award and the Ohio Bar Medal – our most prestigious awards – during our annual luncheon. And make lasting connections at our evening receptions with all events hosted at the sophisticated Hilton Columbus at Easton.

In addition, you’ll be able to get up-to-date on the latest trends and developments in the law and earn a significant amount of low-cost, high-quality credit to meet CLE requirements.

Thursday, August 23, 2018 Friday, August 24, 2018 Young Lawyer Day Paralegal Day 7 a.m. – 5:30 p.m. Registration Open 7:30 - 8:30 a.m. CLE Video Replays (3) 8:00 – 9:15 a.m. Convention Welcome and Opening 7:30 - 8:45 a.m. Continental Breakfast Plenary Session (1 hr. CLE) 7:30 a.m. - 1:30 p.m. Registration and Exhibits Open 9:30 – 10:30 a.m. CLE Breakout Sessions (4) 8:45 - 10:15 a.m. CLE Breakout Sessions (4) 10:30 – 11:00 a.m. Networking Break with Exhibitors 10:15 - 10:45 a.m. Refreshment Break with Exhibitors 11:00 a.m. – Noon CLE Breakout Sessions (4) 10:45 a.m. - 12:15 p.m. CLE Breakout Sessions (4) 12:15 – 1:45 p.m. OSBA Annual Luncheon 12:15 a.m. - 1:15 p.m. Complimentary Luncheon with 1:45 – 2:45 p.m. General Assembly Exhibitors 2:45 – 3:15 p.m. Networking Break with Exhibitors • 12:15 p.m. Box lunches available 3:15 – 4:15 p.m. CLE Breakout Sessions (4) • 12:45 p.m. Prize drawing 4:30 – 5:30 p.m. CLE Breakout Sessions (4) announcements 6:00 – 7:00 p.m. Law School Receptions 1:30 - 3:00 p.m. CLE Breakout Sessions (4) 7:00 – 9:00 p.m. President’s Reception 3:00 - 4:30 p.m. CLE Video Replay (2) 9:00 – 11:00 p.m. Young Lawyers Section 1:00 - 4:30 p.m. Paralegal Activity – Strudels, Spirits, After Hours Party and Cobbled Streets: Architecture & Ghost Tour

Thursday’s CLE total: 5 hours Friday’s CLE total: 7 hours

OHIO LAWYER 8 JULY/AUGUST 2018 Thursday, August 23, 2018 Water & Wetlands in Your Fields Thursday, August 23, 2018 9:30 a.m. - 10:30 a.m. This presentation will provide lawyers with 4:30 – 5:30 p.m. How to Avoid Being a Target of a information about current developments in Get "In the Know": What Ohio's Legal Malpractice Claim, and What the regulation and enforcement of federal Mens Rea Reform Means for to Expect after Becoming a Target laws governing discharges to surface water, Practitioners Lawyers are increasingly pressured to groundwater and wetlands. In 2014, the Ohio legislature enacted the deliver legal services in an ever-changing nation's first and best mens rea reform. The legal marketplace, in part due to increased Regulating Medical Marijuana in panel will discuss the impact of the reform competition, from legal technology, non- Ohio how practitioners can effectively raise the lawyer providers and information available, This session will discuss Ohio's newest issue. and the globalization of legal practice. regulated industry, medicinal marijuana. This changing landscape increases the Providing up-to-date information on the Insurance Law Update risk of legal malpractice actions. This newly established regulatory program as well Discussion of recent issues, developments panel of experts discusses tips to avoid as the burgeoning industry. and cases in insurance law. being a legal malpractice target, and what lawyers can expect from Plaintiff's counsel, Wellness for Attorneys Fee Requests and Case Law defense counsel, and the insurance carrier Want to be more productive at work? Want to Update representative if sued for malpractice. be happier? Want to live longer? This session This session will discuss of fee requests will discuss wellness and substance abuse under R.C. 119.12 and R.C. 2335.39 and Immigration Issues in Juvenile concerns for attorneys including what you include an administrative law case law Court can do to help and tips to start today. update. This session will focus on practical tips for representing the non-citizen juvenile and/or Thursday, August 23, 2018 Cyber Security Measures Every parent caregiver in Juvenile Court. There will 3:15 – 4:15 p.m. Lawyer Must Take Under the Rules also be a brief case law update. Tail Insurance Coverage and of Professional Conduct Succession Planning Rule 1.6(c) stipulates that a lawyer must make Ohio Constitutional Home Rule This presentation will discuss what retiring reasonable efforts to prevent the disclosure Limitations on Animal Ordinances lawyers may need to protect themselves of confidential client information. In this An examination of the scope of the Home from claims following retirement as well as seminar, learn the fundamental security Rule provision in the Ohio Constitution and how to prepare for and ease into retirement precautions every lawyer should be taking. its application to breed specific, tethering from the practice of law. Establish best practices in your office and and dangerous/vicious dog municipal learn about the tools that will make sure criminalization measures. Topics will include IP Current Events your client's confidential information remains recent Ohio animal law cases and legislation; Discussion of trends, recent developments confidential. home rule limitations and breed specific and current intellectual property law issues. ordinances; home rule details, cases and the Friday, August 24, 2018 vicissitudes of communication in drafting; Understanding and Dealing with 7:30 – 8:30 a.m. (Video Replays) Petland fiasco and cookbook for challenging BMV Suspensions So You Want to Serve on the Board ordinances. There are 46 different ways the BMV can of a Nonprofit? Here’s What You suspend your client’s license. Discuss little Should Know Video Replay Presentation Skills: Impact, understood grounds for suspension, best What should you look for when seeking to Authenticity and Improv practices and traps for attorneys. serve on a Board? What should you consider Join ImprovEdge senior facilitator, Brooke when selecting between Boards? What is a Cartus, Esq., for a high-energy, engaging Get Organized!! How to Manage Board is looking for in an attorney who serves session on how to use the concepts of your Workload: Mastering Email as a Board member? What can you do to improvisation to become a more authentic, and Tasks ensure that you are a strong Board member? effective, powerful presenter. Presentation Today professionals are constantly distracted This presentation will address these and communication skills are a primary by technology, connectivity, and information questions and more to help you become an reason people get promoted, win deals, overload … email, instant messaging, social effective and valued Board member. and move up. It’s a critical part of being a media, phone calls, interruptions, etc. These powerful business person, and you will leave distractions cause very smart people to Law Firm Cybersecurity Video this session with real skills you can put to use underperform. Too many time management Replay immediately. seminars simply ignore the advantages Smart law firms are implementing proactive and evils of technology. In session, you will cyber security assessments and plans before Thursday, August 23, 2018 learn how to take back control and own breach occurs. Learn the value of a multi- 11:00 a.m. – 12:00 p.m. your technology instead of it owning you, layered approach. Real Estate Update 6 Pack: with practical email & task management Six Short Updates on Current methodologies that let you master your to-do Trustees Under Attack Through Developments Affecting Real list and regain control of your day, … all using the Erosion of the Attorney Client Estate Practitioners Microsoft Outlook. Privilege: Recent Case Law Topics Include: Case Law Update; Legislative Development and the Fiduciary Update; Recent Developments in Consumer Exception to the Attorney Client Finance Matters; Property Assessed Energy Privilege Video Replay Programs (PACE) in Ohio; Fraud and Caveat The attorney client relationship between Emptor. trustees, executors and their attorneys can

OHIO LAWYER JULY/AUGUST 2018 9 be complicated. The relationship is more complex when disputes develop and claims are raised against the fiduciary. From the pitfalls of conflicts of interests as identified in Cincinnati Bar Association v. Robertson to the question as to whom the attorney owes a duty when representing a fiduciary who, in turn, owes duties to the beneficiaries will be discussed. Friday, August 24, 2018 8:45 – 10:15 a.m. Making Effective Closing Arguments Presenters will give mock closing statements, followed by a panel discussion and questions from the audience. A judge will moderate the session. Ethics...At the Movies Federal Courts Update: Civil Drone Law: Trump Accelerated Movie clips, viral videos and news feeds Attorney Panel Program, Local Zoning Laws, used to explore ethics issues. This program This session will provide a substantive update Licensing of Drones and More! will discuss both antitrust and general ethics to Ohio attorneys on the federal courts, Drones are the biggest technological issues. including a U.S. Supreme Court update, a advancement in aviation since the jet age. Rules of Civil Procedure update, and a labor This session will describe the current law, Managing Workers’ Compensation and employment law update from a panel of how to become licensed by the FAA, what in a Union Environment judges and civil practitioners. to do if your client is facing an enforcement Non-union employers enjoy a degree action by the FAA and current zoning and of flexibility in managing a workers’ Ethics Update and Current land law issues. This session will also cover compensation program. This includes the Developments current cases, privacy law, 4th Amendment employer’s ability to manage return to work Discussion of key cases, rules and issues and more. issues, at-will employment and termination developments in ethics. Stay up to date by of employees who cannot timely return to attending this session. What ’s Blocking Your Voice and work, claim investigations and confidentiality Why You Need to Find It in settlements. Those same management Changes to Ohio’s Child Support There are many movements going on socially, techniques, exercised by a union shop, may Law: What Every Attorney Should politically and professionally that highlight our be unavailable, ineffective or qualify as unfair Know and Case Law Update ability and inability to use our voice. Come to labor practices. How does the labor contract Discussion of the recent changes to child Merri’s interactive program to learn what is – and the Management Rights clause, assist support laws in HB 366 and recent cases in blocking you from using your voice, why you unionized employers in properly defending family law. need to find it and share your ideas on the claims while remaining compliant with the topic. NLRA? Friday, August 24, 2018 1:30 –3:00 p.m. Friday, August 24, 2018 Stressed Out? Burned Out? Who Effectively Staffing Your Law Firm 3:00 – 4:30 p.m. (Video Replays) you Gonna Call? Your Paralegal! With the advent of sophisticated office Prescription Drugs: The Next This session will discuss how to maximize technology, lawyers are tempted to rely more Tobacco? Video Replay your support staff’s time and talents to on themselves than staff to run and operate A look inside the lawsuits filed against drug delegate common tasks and efficiently their law offices. But can you do it all yourself - manufacturers and distributors by the state of handle your workload, keep clients happy or do you need help? Effectively Staffing Your Ohio and local governments. with increased communication and lower Law Firm will provide you with the necessary legal fees, and promote a harmonious tools to manage your workload and determine Beating the Competition: How to working environment between attorneys and staffing needs that make sense for your firm. Ethically Brand and Market Your support staff in your office. Employing additional staff frees you to do Practice Video Replay what you do best - practice law. This program will apply the Ohio Rules of Professional Conduct to develop ethical Friday, August 24, 2018 Preparing for the New Frontier strategies to brand your law practice. It will 10:45 a.m. – 12:15 p.m. in T&E Session II: Block Chain, discuss, within the bounds of the ethics rules, Preparing for the New Frontier in Cryptocurrency and Cybersecurity formulating and implementing a marketing T&E Session I: e-notarization and Ever worry about your firm's cybersecurity? plan, including internet advertising, websites e-wills Spend time with a legal cybersecurity expert and social media. Finally, it will provide a This session will provide an overview of issue spotting and problem-solving. Are you template to launch or update your firm’s e-notarization law and how it will impact the interested in understanding blockchain and website. Whether you practice as a solo, in a trusts and estates practitioner. Then engage cryptocurrency? Think of this session as firm or other setting, identifying and building in a debate with a practitioner and a litigator blockchain and crypto boot camp. Learn how your brand will propel your practice into the on electronic will legislation nationwide and to help clients address these assets in an future. in Ohio. estate plan and in estate administration.

OHIO LAWYER 10 JULY/AUGUST 2018 2018 CLE Calendar CONVENTION/ MAIL-IN LEGAL FORUM COLUMBUS AUGUST ,  12REGISTRATION HOURS CLE | NETWORKING OPPORTUNITIES

Mail-in registration pricing is listed below. SPECIAL EVENTS Please check all events you are going to attend. You may only If you would like to save $25, please visit ohiobar.org/forum. attend the special events on the days you are registered for the Forum. Important: You must pre-register for these events. Walk- ins will be accepted on a space-available basis only.

OSBA MEMBER# SUPREME COURT REGISTRATION # Thursday, August 23 NAME PREFERRED NAME FOR BADGE  OSBA Annual Luncheon (ticketed)  General Assembly Meeting ADDRESS  OSBA Reception for President Robin Weaver (ticketed) CITY STATE ZIP Alumni Reception PHONE FAX  Not Attending  University of Akron  Capital University  University of Cincinnati EMAIL  Cleveland Marshall University  University of Dayton FORUM LOCATION  Ohio Northern University  University of Toledo Hilton Columbus at Easton  The Ohio State University PROGRAM REGISTRATION MAIL-IN Friday, August 24 Full Forum Fees  Complimentary Luncheon with Exhibitors (ticketed) OSBA Member  $450 Non-member*  $550 SPECIAL EVENTS Single Day Fees Guest registration includes tickets for the Annual Luncheon, OSBA Member  $255 President’s Reception and Friday’s Luncheon with Exhibitors (Note: must be in conjunction with a paid full registration attendee and is  Non-member* $330 not eligible for CLE credit).  New Lawyer Day Only (Thurs.)** $65  Spouse/Guest Registration  Paralegal Day (Fri.) $85 # of attendees x $95 = Spouse/Guest name Check which day you plan to attend: Spouse/Guest name  Thursday  Friday

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Save $25 by registering online at www.ohiobar.org/forumOHIO LAWYER MAY/JUNE 2018 11 Foundation News

icon worldwide. Then, in 1952, Henry Kaiser purchased -Overland, and Ritter’s wealth grew. After the sale of Willys-Overland and , George and Mary Ritter, who had no children, set up a series of trusts which benefited several churches, hospitals, many charities, Bowling Green State University, and the University of Toledo. George Ritter had a great love of the law, and, in 1952, he founded both the Ohio State Bar Foundation and the Toledo Bar Foundation. A devoted Rotarian, he also was the founder of the Toledo Rotary Foundation. Ritter was born in 1886, and died at the age of 92 in 1979. Before his death 39 years ago, he created what is called a perpetual trust for the benefit of several Foundations. Every year, the Ohio State Bar Foundation receives a bequest The Generosity of in the name of the George and Mary in World War II and contacted Ritter Trust. George Ritter a number of companies to create working prototypes of a four-wheel Today, the Toledo Rotary Foundation by Reginald S. Jackson Jr., Toledo drive reconnaissance car. Only two is the sixth largest Rotary Foundation Born in Vermillion, educated in companies responded: American in the world. The Ohio State Bar Cleveland, George Ritter started his Bantam Car Company of Pennsylvania Foundation is the largest Bar practice in Sandusky and moved to and Willys-Overland. Foundation in the , Toledo just before World War I. eclipsing the American Bar Foundation Although the contract for the vehicle in size almost two to one. In 1937, in the throes of the Great was given to Bantam, Bantam proved Depression, one of Ritter’s clients unable to develop the vehicle in mass approached him asking that Ritter put production, and Willys-Overland OSBF’s Ritter Award his corporation into bankruptcy. Times overtook the development and The highest honor awarded by the were tough, but Ritter believed he production. There is some controversy Ohio State Bar Foundation, the Ritter could save the company. The client said in history as to the origin of the Award, was created in honor of George he could not afford to pay but offered name of the vehicle, but the contract Ritter and his generosity. Each year the Ritter one quarter of his company if awarded for the production was labeled, foundation recognizes an outstanding Ritter could save the company from “Vehicle, General Purpose.” The world attorney for a lifetime of service. The bankruptcy. The name of Ritter’s client now knows the vehicle by its better award recognizes the accomplishments was John Willys. name, Jeep. of the honoree in attaining and After many train trips to , During World War II, the Jeep was promoting the highest level of Ritter was able to obtain new financing produced in Toledo by 15,000 full- professionalism, integrity and ethics in and reorganize and save the company. time employees who manufactured the practice of law while assisting other The company was Willys-Overland. over 600,000 . The Jeep was attorneys, the courts and the public Three years later, the U.S. Army began instrumental in victory, and, at the to envision and cause changes which its preparation for its involvement end of the war, Jeeps were left all over improve the justice system in Ohio. the world. Today, Jeep is an American CONNECT Twitter: @_OSBF_ Facebook: facebook.com/OhioStateBarFoundation WITH OSBF LinkedIn: linkedin.com/company/ohio-state-bar-foundation

OHIO LAWYER 12 JULY/AUGUST 2018 Make a Difference by Leaving An Estate Gift the OSBF

Leaving a gift to the Ohio State Bar Foundation by beneficiary designation is a great way to invest in the future of the justice system and can make a lasting difference, ensuring that people know and can protect their rights.

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• Decide how much to give — no gift is too small • Your gift costs you nothing now • Retain control of your assets during your lifetime and, if your circumstances change, you can modify the gift • Choose to keep your gift anonymous • Leave a gift in honor or memory of someone who inspired your commitment to justice • Be remembered as someone who made our justice system better for citizens today and for future generations Contact Amanda Crawford, Development Director, for more information [email protected].

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Honor the exceptional, celebrate an occasion and recognize the significant people in your life with a charitable gift to OSBF.

To dedicate your gift, call (614) 487-4477 or visit www.osbf. org and click “Donate Now.” – IN HONOR OF – Leslie Rosen in honor of Kenneth A. Brown – IN MEMORY OF – Robert C. Wiesenmayer in memory of Edward S. Noble

Dennis E. Murray in memory of William P. Murray

OHIO LAWYER JULY/AUGUST 2018 13 Legal Leaders

Akron In Memoriam 2016 Bradley S.S. Dunn, Regional Director of the Ohio Civil Rights Commission, was the recipient of the 2018 John Goodwin Jr. Sanford A. Halpert; Big Heart Award from The University of Akron Black Law 85, Beachwood, Sept. 28, 2016 Student Association. Lawrence A. Burns, Jr. 94, Cape Coral, FL, Nov. 1, 2016 Karen D. Adinolfi, Roetzel & Andress, was sworn in on June 21, 2018, as the President-Elect of the Akron Bar Association. 2017 She will assume the role of President of the Akron Bar William Patrick Murray; Association in July 2019. 77, Sandusky, Nov. 10, 2017

James L. Burdon; Cleveland 78, Akron, Nov. 13, 2017

Sarah Lovequist, Thompson Hine LLP, was named a 2018 2018 Woman of Professional Excellence by the YWCA of Greater Carl F. Dorcas; Cleveland. 91, Sylvania, Feb. 14, 2018 Michael C. Clemente; Deborah A. Coleman, Coleman Law LLC, is a recipient of the 90, Struthers, Feb. 20, 2018 2018 American Bar Association Pro Bono Publico Award. Mark R. Gusley; 52, Parma, March 12, 2018 Hillsboro David J. Cook; 89, Rocky River, March 13, 2018 Hon. Richard L. Davis (retired), was enshrined in the Melvyn J. Stauffer; Highland County Historical Society Hall of Fame. 91, Sandusky, March 17, 2018 Jacob I. Rosenbaum; 90, Pepper Pike, May 13, 2018

This column is limited to awards and civic duties. The news listed is edited from press releases that are sent to the OSBA. Other submitted member news updates, such as promotions and new positions, are featured on the OSBA website. To keep up to date with the most recent member news, visit ohiobar.org/membernews.

To submit an announcement for consideration in Member News, please email it to the editor at [email protected].

OHIO LAWYER 14 JULY/AUGUST 2018 Introducing OnDemand Bundles from the OSBA, a new way to earn all of your self-study CLE credits. We have eliminated the guesswork and developed OnDemand Bundles that are practice specific. Each OnDemand Bundle is tailor made for your convenience with 15 Ohio specific self-study courses. Enjoy the accessibility of CLE featuring expert speakers. Each course will strengthen your knowledge base and enhance your skills.

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APPLICATION AND USE OF PREJUDGMENT ATTACHMENT PROCEEDINGS By Lawrence J. Scanlon and David C. Perduk

Do you often represent plaintiffs with a only be granted by the court if one or (C) A description of the property worry that the defendant may disburse, more of the grounds for prejudgment sought and its approximate value, if convert or conceal property and assets attachment are present, as set forth known; so as to become uncollectible on a in R.C. 2715.01(A)(1)-(11). If such (D) To the best of plaintiff’s future judgment? Do you wish there grounds exist and the procedural knowledge, the location of the was a way to attach property or freeze requirements have been met, the property; assets in order to ensure a defendant’s court may issue an order attaching collectability? the property or assets described in the (E) To the best of the plaintiff’s affidavit. knowledge, after reasonable Prejudgment attachment is a remedy investigation, the use to which the that can prevent a defendant from Under R.C. 2715.03, in order to begin defendant has put the property and fraudulently or improperly conveying the prejudgment attachment process, that the property is not exempt property or assets to ensure a plaintiff ’s a plaintiff must file a written motion from attachment or execution. recovery on a judgment. What makes for the attachment of the defendant’s prejudgment attachment unique is in the property. However, this cannot include (F) If the property sought is in the name itself — it attaches a defendant’s a defendant’s personal earnings. This possession of a third person, the property before a judgment has been motion may be made at any time after name of the person possessing the issued by the court. the commencement of the action. In property. Black’s Law Dictionary defines addition to the motion, an affidavit of As stated above, R.C. 2715.01(A) fraudulent conveyance as a transfer of the plaintiff or an agent or attorney provides 11 grounds on which a an interest in property for the purpose of the plaintiff must be included. The plaintiff can base his or her right to of hindering or delaying a creditor requirements for what must be included a prejudgment attachment. Several by putting the property beyond the in the affidavit are set forth in R.C. grounds include, but are not limited creditor's reach. This is exactly what the 2715.03 as follows: to, the defendant being an out-of-state prejudgment attachment process seeks (A) The nature and amount of the resident, the defendant concealing to prevent. Metaphorically speaking, plaintiff ’s claim, and if the claim is himself or herself to avoid service, the the fraudulent conveyance claim is the based upon a written instrument, a defendant is about to remove property anvil while the prejudgment attachment copy of that instrument; with the intent to defraud creditors, and that the defendant has fraudulently motion is the hammer that results in up- (B) The facts that support at front disclosure of property and assets. contracted the debt or incurred the least one of the grounds for an obligations for the underlying lawsuit. Chapter 2715 of the Ohio Revised attachment contained in section Code governs prejudgment attachment. 2715.01 of the Revised Code; Another important aspect of the This rare and unusual remedy will prejudgment attachment process is that

OHIO LAWYER 16 JULY/AUGUST 2018 it may be done without issuing notice to with the court “a bond to the defendant rather than later. Keep in mind the the defendant and without conducting against whom the motion was filed, requirement of the bond or cash deposit a hearing. Specifically provided in R.C. executed by the plaintiff ’s surety, in an in addition to the motion and affidavit 2715.045(A), the ex parte attachment amount twice the approximate value of under R.C. 2715.044. According to R.C. is applicable “if the court finds that the property to be attached under the 2715.044, in the event your client is there is probable cause to support the order.” This is required so that “should indigent, the court can consider waiving motion and that the plaintiff that filed judgment be issued against the plaintiff, the bond requirement. the motion for attachment will suffer the plaintiff will return the property irreparable injury if the order is delayed” taken or pay the value so assessed, at the Author Bios until an evidentiary hearing is held. election of the defendant, and also pay Lawrence J. The probable cause determination is the damages suffered by the defendant Scanlon is a defined in R.C. 2715.011 as being as a result of the taking and detention of, managing partner “likely that a plaintiff who files a motion and any injury to, the property and the with Scanlon and for attachment…will obtain judgment costs of the action.” Instead of the bond, Elliot practicing against the defendant against whom a plaintiff may deposit with the clerk in the areas of the motion was filed that entitled the of the court a cash value in the similar civil and appellate plaintiff to a money judgment that can amount of the bond. advocacy. He is be satisfied out of the property that is The next time that you find yourself currently a member of the OSBA Board the subject of the motion.” The court concerned that a defendant has, or will, of Governors. will base its determination for the ex fraudulently convey his or her property, parte attachment on the motion and the look to see if any of the grounds set affidavit and “any other relevant evidence forth in R.C. 2715.01(A) apply to your David C. Perduk that it may wish to consider.” However, case. The prejudgment attachment is a partner with R.C. 2715.04 states that within five remedy, when applicable, can advance Perduk, Hamey business days of receiving notice of the your case one way or another — you will & Associates. attachment, the defendant may obtain a find out whether or not the defendant He practices hearing by filing a written request to the has sufficient property and assets to in the areas of court. be collectible on a judgment. If so, the plaintiff's personal The prejudgment attachment process prejudgment attachment will ensure that injury litigation, is not without high risk. In addition to property and assets are available upon a bankruptcy, domestic relations, estate the motion and affidavit, under R.C. judgment in favor of the plaintiff. If not, planning, trusts and other general 2715.044, the plaintiff must also file you may need to settle the case sooner litigation matters.

OHIO LAWYER JULY/AUGUST 2018 17 the amount of the punitive damage award. The defendant argued that on appeal the trial court’s exclusion of the juror who did not find in favor of the plaintiff ’s punitive damage claim to participate in the subsequent assessment of the amount of the punitive damages award and attorney fees violated the THE SAME defendant’s right to a full jury trial on damages. In avoiding the resolution of this position, the West court held that JUROR RULE no error could be deemed to arise from this argument as the jury verdict on the amount of punitive damages and for By Clifford Masch attorney fees was still agreed to by three- fourths of the jury. In sum, the West court determined that there could be no true error as the voting seven jurors which In O’Connell v. Chesapeake, 58 Ohio TheO’Connell court concluded that, determined the amount of punitive St.3d 220 (1991), the Ohio Supreme when a juror finds that a defendant damages and attorney fees constituted Court formally adopted what is has not acted in a causally negligent the requisite three-fourths to sustain commonly referred to as the same juror manner, it becomes incomprehensible the verdict. rule. The issue before the O’Connell how that same juror can be called upon court was whether those jurors who did to apportion some degree of fault to A similar result was reached in Sagedy not find in favor of the plaintiff on the that same defendant. Based upon this v. Cardiothoracic & Vascular Surgery of existence of causal negligence against reasoning, the O’Connell court concluded Akron, Inc., 182 Ohio App. 301, 718 a defendant could then participate in “in a case tried under comparative (2000), where a juror concluded that the subsequent analysis of allocating negligence principles, three-fourths of a defendant physician had neither comparative fault between the defendant the jury must agree as to both negligent breached the standard of care or determined to be non-negligent and and proximate cause as to the defendant proximately caused the plaintiff ’s injuries other potentially responsible parties. and only those jurors who so find may thereafter signed the general verdict After discussing the basis behind the then participate in the apportionment of form awarding damages. In addition, competing principles of the same juror comparative negligence as between that two other jurors who had found that the rule versus the any majority rule utilized defendant and other responsible parties.” defendant physician did not deviate from in various jurisdictions, the O’Connell A number of courts have since the standard of care also participated court concluded that same juror rule considered the potential application in the apportionment of fault. While was the “more rationally and analytically of the same juror rule discussed in the Sagedy court concluded that these sound rule” to apply to the matter before O’Connell in the context of a juror’s determinations violated the same juror the court. resolution of other issues other than rule as articulated in O’Connell, the apportionment. These courts have court went on to find that the acts did TheO’Connell court predicated its generally held that the rule would not constitute reversible error as the adoption of the same juror rule on not bar a juror’s participation in conclusions on the general verdict and the reasoning that the determination resolution of issues unless the issue on apportionment were still supported of causal negligence on the part of was interdependent on the juror’s by three-fourths of the jury even when one party should be a precondition determination of no casual negligence disregarding the jury votes that violated to participate in the subsequent against a defendant. For example, in West the same juror rule. apportionment of comparative fault as v. Curtis, 2009-Ohio-3050, the Belmont between that party and others. The court County Court of Appeals reviewed a Another court discussed the potential held that it would be illogical to allow situation where only seven of eight jurors application of the holding in O’Connell a juror who initially concluded that a had found the defendant was entitled to situations involving the determination defendant was not causally negligent to punitive damages. As a consequence, of negligence and proximate cause in to then participate in the allocation of the trial court only permitted the seven Estate of Mary Lawson v. Mercy Hosp. some degree of fault as between the jurors who determined that the plaintiff Fairfield, 2011 Ohio Misc. LEXIS 831. party determined to be non-negligent was entitled to punitive damages to In that case, six of eight jurors found and other potentially responsible parties. participate in the determination as to

OHIO LAWYER 18 JULY/AUGUST 2018 that a hospital was negligent in the was different from the group of six that that defendant and other potentially provision of care and treatment to the reached the proximate cause decision. responsible parties. Interestingly, the plaintiff. However, two jurors who found Two jurors who signed the negligence application of these holdings may lead in favor of the breach of the standard of interrogatory did not sign the proximate to a potential dilemma where there care finding thereafter joined four other cause interrogatory. All eight jurors could be less than two-thirds of a jury jurors in concluding that the breach of signed a general verdict form in favor of who would be qualified to participate the standard of care was not a proximate the defendant. in the allocation analysis addressed in cause of the plaintiff ’s injury. All six O’Connell. In this regard, a theoretical jurors who signed “no” to the proximate In addressing the potential application dilemma could arise where six of eight cause interrogatory also signed the of the “same juror” rule to this situation, jurors who find a breach of the standard general verdict form in favor of the the Dillon court, similar to the of care would share a common nucleus defendant hospital. common pleas court in Estate of Mary of four of the six of eight jurors who Lawson, held that the determination of determine the existence of proximate On appeal, the plaintiff argued that negligence and proximate cause involved cause. In other words, two of the under the Ohio Supreme Court’s separate and distinct questions which jurors who did not find a breach of the holding in O’Connell, only those jurors are not interdependent. Accordingly, standard of care would make up the who found the existence of a breach of the Dillon court rejected the argument requisite three-fourth six jurors finding the standard of care could participate that the same juror rule prevented a on proximate cause. Under this possible in the determination of proximate juror who did not find negligence from scenario, a panel of the same six jurors cause, the Estate of Mary Lawson court participating in the determination that determined both requisite elements reasoned that the finding of negligence of proximate cause. The Dillon court of “causal negligence,” (negligence and and proximate cause were not held that to conclude otherwise would proximate cause) would no longer exist. “interdependent” determinations such deprive a party of a right to a full jury In such case, there would be no possible as would be subject to the O’Connell trial as guaranteed under the Ohio six panel jury who could then participate same juror rule. Rather, the deliberation constitution. in an allocation determination subject of whether the conduct to the holding in O’Connell. of the hospital personnel Although the scenario outlined fell below the standard In sum, a juror who does not determine above has yet to be addressed by of care was a separate liability against a given defendant can any Ohio court, it highlights the and distinct analysis importance of remaining vigilant from the determination still participate in the determination of in the assessment of a uniformity of a proximate cause damages against that defendant. of the jurors’ compliance with the nexus as between the same juror requirements set forth hospital’s conduct and in O’Connell. the resulting injury. The Estate of Mary Author Bio Lawson court determined that the Based upon a review of the case law two elements necessary to establish a discussed herein, a majority position Cliff serves as the “causal negligence” finding (negligence has emerged that the O’Connell court’s General Counsel and proximate cause) involve separate same juror rule does not apply to the of Reminger, and distinct analyses which are not jury’s separate determination of the and as Co- interdependent on each other. requisite elements of “causal negligence” Chair of the law which, by definition, would include both firm’s Insurance Similarly, in Dillon v. Ohio Health Corp., the determination of a breach of the Coverage/ 2015-Ohio-1389, the jury answered standard of care and the determination Bad Faith and two separate interrogatories. The first of proximate cause. In sum, a juror who Appellate Advocacy practice groups. He addressed the question of whether the does not determine liability against a primarily focuses his practice on complex defendant was negligent and the second given defendant can still participate in insurance coverage litigation, appellate answered whether any negligence was the determination of damages against practice, professional liability, oil and gas, a proximate cause of the plaintiff ’s that defendant. Conversely, the courts and general liability. injuries. A six panel majority of the have uniformly construed the O’Connell jury answered the first interrogatory decision as prohibiting a juror who “yes” and the second interrogatory does not determine liability against “no.” However, the group of six who a given defendant from participating reached the negligence determination in the allocation of fault as between

OHIO LAWYER JULY/AUGUST 2018 19 OHIO CHAPTER

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TODD BOOK

Todd Book is the OSBA's Assistant Executive Director for Policy and Public Affairs. and how a representative democracy is battle over who will replace Justice supposed to work is also being shaken. I Anthony Kennedy on the U.S. Supreme always ascribed terms like compromise, Court, especially with issues like Dog Days reasonable, majority rule, and looking immigration, abortion, voting rights, out for the greater good to how U.S. and gerrymandering hanging in the and Ohio politics ought to function, balance. Don’t you hate it when you discover that but unfortunately, recent happenings in This implacable mentality is contrary to a things you long thought were true are, Washington and Columbus show these lawyer’s way of thinking. You don’t need in fact, not? It is always humbling to terms may also be lost in translation. to be in practice for very long before you learn just how little you know, and as I Ohio House Speaker Cliff Rosenberger learn that compromised resolution to was preparing for this article, I had that resigned in April amid an FBI a disagreement is often far superior to terrible feeling—twice. I was musing investigation into his alleged travel all-out war. When both sides give a little over what would be happening politically activities with lobbyists for the payday and get a little, you can normally find and legislatively in the months of July lending industry. The House went two lasting resolution. As a former legislator and August and – the answer I landed months without a leader and thus, two and an attorney, this always seemed upon was “not much.” The legislature months without passing a single bill to work well for me (the exception to will be out of session, and election (including a bill to crack down on payday the rule, of course, is marriage, where season doesn’t really heat up until Labor lending) while members of the majority my wife is always right). Public policy, Day. No, I thought, we will be well into party duked it out over who should hold like life, is ever changing and evolving the dog days of summer when not much the Speaker’s gavel for the rest of the to meet the needs of the people. It is happens because it is so darn hot. year. Of course, this is more about the interesting to me that at the very time All my life, I had heard and used that implications on who will be Speaker progress demands flexibility and the expression “dog days,” and just assumed in the next legislative session than the ability to adapt to change, our politics it described summer heat and dogs current one, but when they finally put seems to demand the exact opposite. being lazy, panting a lot, and looking it to a vote, House members spent two I suppose that what the future holds for shade. Turns out, I was completely hours and 11 rounds of roll call votes for our democracy is already written wrong. In fact, the expression “dog before Finance Chairman Ryan Smith in the stars, dog or otherwise. But my days” has nothing to do with heat or of Bidwell was elected Speaker by a earnest hope is that the new redistricting man’s best friend and everything to do plurality, but not a majority vote. formula adopted by Ohio’s electorate will with the stars. The latter part of July is Like me, I’m sure you have also bring about more competitive legislative when the dog star, Sirius, appears to rise noticed over the last decade how districts and elections that will in turn in the horizon just before the sun. To being reasonable has now become a bring us more elected officials who will the Greeks and Romans - folks who weakness in politics. Most pronounced put the greater good ahead of their paid attention to these star movements in Congressional elections, if you are own ambitions, who will be willing to - the dog days were known as the not seen as staunch and unmoving in compromise to meet it, and who will time when wars, fever and disasters your positions, you are not seen as a once again see being reasonable as a were more likely. The phrase survived “true believer” in the eyes of the party strength. the translation from Latin to English, faithful. This is why though Republicans but the true meaning has been lost as and Democrats alike agree that our we English speakers created our own Endnote 1 immigration system is broken, they can’t explanation for the phrase. seem to find common ground on how 1Little, Becky, “Why Do We Call In the same way, I feel like my long- to fix it. And it’s also why we should Them the ‘Dog Days of Summer?” standing understanding of politics all buckle our seats for the upcoming National Geographic, July 10, 2015.

OHIO LAWYER JULY/AUGUST 2018 21 The Movement Join the movement!    INNOVATE. LEAD. EDUCATE.

University of Dayton to offer new Welcome new OSBA President-Elect UA School of Law team finishes hybrid J.D. program Eleana Drakatos of Yacobozzi Drakatos second in national competition The University of Dayton School LLC in Columbus was elected by her The mock trial team from the of Law has received American Bar peers to serve as the 2018-2019 OSBA University of Akron (UA) School of Association approval to begin offering president-elect and will take over as Law finished second in the national a hybrid J.D. program, which blends OSBA president July 1, 2019. Drakatos, Student Trial Advocacy Competition online and on-campus instruction. The a plaintiffs' attorney and the principal (STAC), held April 12-15 in Raleigh, University of Dayton joins three other in a small family firm, earned her J.D. N.C. Coached by alumnus and OSBA law schools in offering this unique from Capital University. member Kevin Kita, team members learning experience. The program starts included Rachel Coles and Cassandra in August of 2019 and the school will Welcome new OSBA Board of Rosa, of Akron; Jeananne Ayoub, of start accepting applications this fall. Governors members West Akron; and Logan Bryant, of Cuyahoga Falls. Dayton law faculty will teach students The 24-member OSBA Board of through weekly live classes and faculty- Governors conducts business on the STAC, organized by the American developed interactive coursework on OSBA’s behalf, managing business Association for Justice, is one of the an online platform, and students will affairs, setting policy and reviewing largest national mock trial competitions come to the University of Dayton pending legislation. We welcome the and includes 224 teams and about 900 campus for one week each semester for following attorneys whose board terms students in law school. The team had additional live classes and networking began July 1. a perfect record entering the regional opportunities. Just as with the on- competition, entered the quarter-finals campus J.D. program, Law@Dayton District 2 | Magistrate Kathleen S. and got wins and a tie to earn a spot will feature substantive exploration Lenski, Montgomery County Juvenile in the national championship against of legal doctrine as well as skill-based Court The University of California, Hastings education to prepare students for the District 8 | Frederick C. (Derick) College of Law, where UA lost in a split practice of law. Fisher Jr., McCown & Fisher, LPA decision. District 11 | Lawrence J. (Larry) This was the fourth time in the last Scanlon, Scanlon & Elliott five years that UA competed in the National Championship, and it’s the District 14 | Daniel R. Griffith, team’s best finish since 2014. The team Huntington National Bank will compete in the Tournament of District 15 | Bryan C. Conaway, Champions, an exclusive tournament Knowlton, Bennett & Conaway open to only the top trial programs in District 16 | Amy B. Ikerd, Assistant the country, next fall. Prosecutor Mercer County Prosecutor's Office At-Large Appointee | Kathleen A. Stoneman, Stoneman Law Office

OHIO LAWYER 22 JULY/AUGUST 2018 Here’s how the OSBA and our members help improve and advance the legal profession.    ADVOCATE. COLLABORATE. VOLUNTEER.

Ohio Senate passes OSBA tax law OSBA and CBA team up for Pro bono hours reported increases in proposal unanimously successful event Ohio Bill 292, which would restore clarity The chairs of the OSBA Women The number of pro bono hours provided to the law by re-establishing a “bright in Profession section, Rita McNeil by attorneys to low-income Ohioans line” test for determining who is a Danish, and CMBA Women in Law has increased. resident of Ohio for tax purposes, co-chairs Betsy Rader and Laura The Ohio Legal Assistance passed both the Ohio House and Creed, worked together to host a happy Foundation’s (OLAF) latest voluntary Senate, and now awaits the Governor’s hour event at Alley Cat in downtown pro bono report says the number of pro signature. The bill is in response to a Cleveland. bono hours provided by the attorneys 2015 Ohio Supreme Court decision in More than 45 attendees filled the who reported has increased by 15 Cunningham v. Testa, which muddled reserved space and spilled out to onto percent, even though fewer lawyers the previous test practitioners had the patio. It was a lovely evening with a reported pro bono duty. relied upon by injecting the common beautiful view of the river. law of domicile into the mix. The According to the report, 3,543 OSBA Taxation Law Committee The event included a guest speaker, attorneys participated in voluntary pro has worked closely with the Ohio Laura Volpini, who discussed the bono reporting in 2017, which was 18 Department of Taxation, the Ohio importance of networking and social percent less than the year before. Association of CPAs and of course, the media. This was the first event of its Despite the decrease in attorneys sponsor of the bill, State Representative kind and a second event is already reporting, the amount of money Gary Scherer (R-Circleville), to take being discussed. attorneys are shelling out to help legal the proposal from conception to law. aid services has increased. Individual The bill earned a few amendments In the May/June Movement, the following contributions from attorneys who in committee, one of which will help information was omitted from the Lawyer reported are up by 41 percent. with another tax law issue the Taxation Legislator Award section: Attorneys interested in pro bono work Law Committee has been seeking Senator Larry Obhof received may search a pro bono opportunities to address as it relates to where to the OSBA Lawyer Legislator guide at https://www.ohiolegalaid.org/ file appeals to Board of Tax Appeals Distinguished Service Award, pro-bono/. decisions, now that a direct appeal to presented to Ohio lawyers who also the Ohio Supreme Court is no longer provide exceptional service as Ohio an option. The amendment clarifies to legislators. Obhof has represented the which court of appeals a taxpayer (both people of Ohio's 22nd Senate District individuals and businesses) may go. since 2011 and serves as President of the Ohio Senate for the 132nd General Assembly. His legislative priorities have focused on improving Ohio's economy, including working with the OSBA on a comprehensive update to the statutes governing LLCs. He has been an OSBA champion by sponsoring corporate law reforms and supporting increased funding for legal aid and indigent defense. OHIO LAWYER JULY/AUGUST 2018 23 Member Profile

What led you to a career as an drugs again as part of their investigation. attorney? I was very proud of that. That set me on the path to knowing that you'll always be I came of age during Watergate. I thought against the powerful, and you'll always have I was going to be a government official and to do more than get money; you have to get do public service. I decided during that era reforms. the need was to be suing government and Do you see a difference holding it accountable. The way to do that between lawyers just graduating is to be an attorney and focus on civil rights law school from when you to help people address those in power and graduated? challenge them in a forum where you have some leverage. I've been doing it ever since Whenever I have a chance to talk to new for 40 years. lawyers or people in law school, I tell them Was there a specific event that "take the clinics, do stand-up work, get led you to want to do this type yourself on video, and get real people to of work? criticize your work" because you might not have an opportunity to do that in the field. I started witnessing injustice early in my You need to be ready to go to court, and life. My dad was fired from our chicken I'm not seeing as many people coming out farm. It was owned by a corporation and he with that skill set. Different specialty areas was given no pension, no return to the old have mentor opportunities and we're always ALPHONSE A. jobs that the corporation had asked him to willing to work with people who want to leave. He was discriminated against based learn. GERHARDSTEIN on his age, not only in the firing but when Do you have work-life balance? he tried to find work later. This was also the Gerhardstein era when Martin Luther King and Bobby I think so, but there are people around & Branch Co. LPA Kennedy were assassinated. You can't grow me who probably don't think so. I don't up in that period and not see the need to do a lot of sleeping. I get up really early in MEMBER SINCE: speak up. the morning, and I'm usually here at the Did you ever get any advice that office. When I had kids at home, I was 1976 you still use to this day? home for dinner every night, but I would start my days at five in the morning. My Bob Laufman was my first law partner, and balance is not about a daily balance. I'll YEARS IN PRACTICE: he was a great mentor. It was a wonderful, work hard and then take some time off. trusting and supportive relationship. He's I'd set up my schedule so I could take 42 a good guy and I learned a lot from him. about twenty days and do these long bike Every case I take, Bob is in my head telling rides. I've ridden across the country, with CITY/COUNTY: me “it's too risky, you shouldn't do this.” my daughter down to New Orleans, from He was a lot more conservative than I was Cincinnati, OH Mobile to Cincinnati, and from El Paso to about what to take on. I usually didn't San Francisco. My balance is a little weird, follow his advice, but it made me do a but it's there. I know that I don't just want Compiled by Kylie Bennett, a reality check on every case. I still do that to work. sophomore at The Ohio State and he's still there. Is there something that maybe a University and an intern in the Is there one case that you're lot of people don't know about Communications Department at the most proud of? you? Ohio State Bar Association. One of my early cases prepared me for the One of the greatest joys for me, and it was shocks to come. A nurse, about my age, totally unexpected, is that I have three was seduced by a guy she met when he kids and two of them are lawyers. One of was recovering from a gunshot wound. them practices with me, and he's been a He turned out to be an undercover narc, great colleague. I love hanging out with got her involved in drugs, and set her up. him, doing depositions together and going She was framed. She was convicted and to court together. He has the fire in his committed suicide when she went to jail. belly to shake things up. My daughter is Only through very high tension, high- a juvenile justice advocate and a change energy, aggressive litigation did we expose maker in DC. I'm very excited for her and Want to nominate someone for the that the undercover unit was using drugs know that she'll be shaking that system to and sex to attract otherwise law-abiding member profile checkout? Send the core, which needs to happen. Seeing people. We found eight nurses had been an email to [email protected] their careers take off and seeing their framed. We got a consent decree that passion is a real special thing for me. prohibited the unit from ever using sex and

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