Columbus Bar Lawyers Quarterly

Spring 2013

• Columbus Bar Lawyers Quarterly - (View PDF)
  Complete publication for Spring 2013.
• Arizona SB 1070 - Back to the Drawing Board - (View PDF) - by David S. Bloomfield
  Support Our Law Enforcement and Safe Neighborhood Act, better known as Arizona SB 1070, was enacted by the Arizona legislature and signed into law by Governor Janice Brewer in April 2010.
• Avoiding Ethical Problems in the Cloud - (View PDF) - by Bradley W. Stoll
  As attorneys turn more and more to smart phones and tablets for their work, cloud computing services and online backup are becoming increasingly prevalent in the legal community.
• Bridging Troubled Waters: What Have We Done for You Lately? - (View PDF) - by Jill Snitcher McQuain
  I recently attended the National Association of Bar Executives meeting in Dallas.
• Civil Jury Trials - (View PDF) - by Monica L. Waller
  Franklin County Common Pleas Court.
• Collecting Fees on the Go - (View PDF) - by Jocelyn Armstrong
  Smartphones and tablets continue to impact the way lawyers do business. We have the ability to instantly access email and phone messages from clients. Accepting payment on the go is now an emerging trend.
• Giving Back Responsibly - (View PDF) - by Andrew C. Clark
  Every day the legal profession calls upon each of us to make a positive impact within the various aspects of our lives.
• Hall of Justice Will Live Again - (View PDF) - by The Honorable David E. Cain
  For nearly two years, the Franklin County Hall of Justice (HOJ) has appeared to be reposed in moth balls.
• Hate Speech - To Rule or Not to Rule - (View PDF) - by Janyce C. Katz
  Jeremy Waldrom in The Harm in Hate Speech (2012, Harvard University Press) asks the question, should a "just, well- ordered society" allow the regulation of hate speech.
• How Are Your Investments Seeded? - (View PDF) - by Roger S. Balser
  The Spring daffodils poking their heads up is a clear sign the college basketball season is beginning to wind down and the celebrated NCAA Division I Men's Basketball Tournament often nicknamed "March Madness" is right around the corner.
• "I Can't Dance, But I Sure Can Intermission" - (View PDF) - by Bruce Campbell
  Mostly what lands in my lap these days is hot soup, but occasionally a gemstone shows up there unexpectedly.
• Lawyers with Artistic License (Fourth in a Series) - (View PDF) - by Heather G. Sowald
  In 1995, attorneys Bill Klatt, Peter Pavarini, Joe LaFleur, Bob Robenalt, and Doug Morgan, who all played musical instruments, began getting together regularly for evenings of music, fun, and friendship.
• New "Legal Trust" Will Attract Clients In or Out of State - (View PDF) - by Brian C. Layman and Charles H. McClenaghan
  In the last edition of the WealthCounsel Quarterly, Steve Oshins provided an overview of Domestic Asset Protection Trusts and James Kalicki examined Nevada's DAPT statute (known as a "Legacy Trust").
• Not Even a Speeding Ticket? - (View PDF) - by Amy Koorn and Jameson Rehm
  "Not even a speeding ticket" wrote Rick Marsh on the cover page of one application. His concise description conveyed one end of the bar applicant spectrum.
• Reducing Gun Violence and the Second Amendment - (View PDF) - by Douglas L. Rogers
  "Too many children are dying," Gabby Giffords correctly testified recently before Congress. Of course, too many adults have also died from gunfire.
• Take a Chance! - (View PDF) - by Lloyd E. Fisher, Jr.
  The opening of the Scioto Downs Racino and the Columbus Hollywood Casino are the latest local manifestations of the long-standing human fascination with games of chance.
• The Art of Losing - (View PDF) - by Mark Lewis
  Some twenty years ago, a feckless young lawyer nearly lost his first client. He had negotiated what he assumed was an unusually handsome settlement offer with obvious appeal and needing no explanation.
• The Inevitable and Overdue Evolution of Law Schools - (View PDF) - by Michael Corey
  Ambiguous ambitions have induced thousands of students to matriculate in law school over the years, but at no time have juris doctorates had such an ambiguous future.
• Working Together - Father and Son - (View PDF) - by Thomas J. Bonasera
  Hold on! The young associate who just walked into my office looks exactly like my son? That just can't be.

Winter 2013

• Columbus Bar Lawyers Quarterly - (View PDF)
  Complete publication for Winter 2013.
• A Week with My Peers - (View PDF) - by Bradley B. Wrightsel
  There it was in my mailbox – a summons. That was an unsettling piece of mail to receive. As it turned out, it was for jury duty at the Franklin County Common Pleas Court.
• A Pleasant Drive to Another Country - (View PDF) - by Janyce C. Katz
  A charming town in Ontario, Canada, sits on the banks of Lake Ontario. It is bordered on its western side by the northward-flowing river that empties into the Great Lake.
• A Shift in Legal Reasoning? Gambling Law in Ohio May Be Changing - (View PDF) - by Lisa A. Wafer
  With the publicity surrounding the addition of a "Racino" of slot machines at Scioto Downs and the recent opening of the Hollywood Casino – liquor permit holders, business owners, and legal scholars alike are wondering what the future of Ohio law holds.
• Civil Jury Trials - (View PDF) - by Monica L. Waller
  Franklin County Common Pleas Court
• Council and Counselors Working for Art's Sake - (View PDF) - by Eric R. McLoughlin
  It’s not unusual for local artists and arts organizations to struggle finding money to pay for rent and utilities, much less legal assistance.
• Elder Law and Intent in Estate Planning - (View PDF) - by Nikki Mesnard
  A unique challenge in estate planning is dealing with clients who, because of their age, have difficulty expressing their clear intent or have difficulty following through with acting on their intent with respect to estate planning.
• Emerging Law of Shared Custody - (View PDF) - by LeeAnn Massucci
  Shared Custody ... Co-Custody ... Non-legal parent ... Nonbiological parent ... these are just a few of the terms bandied about in the cases decided in an emerging area of law in Ohio and throughout the country.
• Get a Head Start on Tax Research - (View PDF) - by Ken Kozlowski
  Tax time is usually a busy time for individuals and businesses that have to file and for those tasked with helping out the latter. Here are some pointers to federal and state gateways to tax information, primary sources, and the State of Ohio’s tax sites.
• Initiative Update: Firm Hold on Diversity - (View PDF) - by Jill Snitcher McQuain
  This year marks the 12th year of the Columbus Bar Association Managing Partners Diversity Initiative.
• Lady Justice for Lady Justices? - (View PDF) - by Megan Goeser Gonzalez
  Blind Lady Justice. She is a common sight in many courthouses and legal institutions. She symbolizes the fair and equal administration of law; she balances the scales of justice and equality. What is not a common sight in courthouses? Lady Justices.
• Lawyers with Artistic License (Third in a Series) - (View PDF) - by Heather G. Sowald
  I continue to be amazed and delighted by the artistic, literary, and musical skills and talents of our colleagues.
• LinkedIn Skills: A Marketing Tool or Ethics Trap? - (View PDF) - by Michael S. Loughry
  If you are reading this, chances are you are holding a magazine in your hand. You know, the way people used to read things, the old fashioned way.
• Longest Serving Common Pleas Judge Runs Out of Time - (View PDF) - by Hon. David E. Cain
  When Roger Wilson became the common pleas judge in Champaign County, the Modern Courts Amendment was in the early stages of implementation.
• Mark My Words - (View PDF) - by Jack D'Aurora
  In the words of a great American nautical hero, “I’ve had all I can stands. I can’t stands no more!” I’m talking about bad grammar.
• Noah Swayne: Early Columbus Lawyer and U.S. Supreme Court Justice - (View PDF) - by Robert Van Schoyck
  Early in his presidency, amid the outbreak of the Civil War, Abraham Lincoln was presented with his first opportunity to appoint a member of the U.S. Supreme Court.
• Of Aristotle, a Renegade Prosecutor and a Sagacious Judge - (View PDF) - by Bruce A. Campbell
  In another milieu, what I am about to do could subject me to charges of peculation of intellectual property. I am going to pilfer another person’s brilliant prose and “repurpose” it in this article.
• Ohio's Business Opportunity a Tune-up for Franchise Law - (View PDF) - by Jim Meaney
  Ohio’s Business Opportunity Plan Law was designed to protect buyers of business opportunity plans – and buyers of franchises sold in violation of federal regulations adopted by Federal Trade Commission.
• Oil and Gas Leases, Public Policy and One Trial Court's Recent Opinion - (View PDF) - by Andrew Mills Holford
  One of the hottest areas of developing law today is in oil and gas leases and mineral rights. Scores of cases are pending in courts, both state and federal, across Ohio with millions of dollars at stake.
• Playing with House Money and Winning: Defendant Already Serving Time - (View PDF) - by Regina R. Richards
  Recently, I was court appointed to represent a defendant on an assault charge. This defendant had a long record before the same judge.
• Real Property Refrain - "Cards on the Table" - (View PDF) - by James A. Zitesman
  Home inspection. Two words that can make some sellers and agents tremble with fear and loathing.
• Street Legal - Extra Credit for Kids Who Show Up! - (View PDF) - by Kacey Chappelear
  In 2011, there were 7,469 juvenile delinquency cases in Franklin County. There were 8,485 in 2010.
• The Art of Recovery - (View PDF) - by Robert Bailor
  Like an artist, an addict committed to recovery must think of him or herself as a block of marble that with the proper attitude, skill set and orientation can be sculpted into a beautiful sober self.
• The Plain Writing Act of 2010 - A Game Changer or Just a Waste of Time? - (View PDF) - by Jameson Rehm
  “I am herewith returning the stipulation to dismiss in the above entitled matter; the same being duly executed by me.”
• The President of Ohio - (View PDF) - by Colleen Marshall
  I stole a napkin from the White House. Okay, it’s a paper napkin, but it’s quite thick and embossed with the Presidential Seal. I keep it to remind me of the heady time when Ohio journalists were courted like prom queens.
• Where There's a Will - (View PDF) - by Lloyd E. Fisher, Jr.
  From Presidents to members of the electorate, our estate plans are exercises in “Freedom of Expression.”
• Which WILL It Be? King Lear or the Prodigal Son - (View PDF) - by Jeff Eyerman
  Let's assume that, as a lawyer constantly reminded of the uncertainties in life, you've dutifully made out your last will and testament.
• You Want the Truth? - (View PDF) - by Stephen E. Chappelear
  So you’ve been to lots of movies, and think you know how to put the right quote with the right show. Let’s see how well you do with this little quiz. Name the movies where these lines were spoken.