Columbus Bar Lawyers Quarterly

Summer 2010

• Columbus Bar Lawyers Quarterly
  Complete publication for Summer 2010.
• A Message from the President - by The Honorable Stephen L. McIntosh
  Abraham Lincoln was known to discourage litigation if at all possible and to settled disputes. One day a man came to Lincoln asking him to bring suit for $2.50 against an impoverished debtor.
• And Some Like It Hot - not so much! - by A. Alysha Clous
  Sometimes, the “Ethics Hotline” feels more like the “Ethics Hot Seat” when questions worthy of the Bar exam or a 3L Professional Responsibility final roll in. One popular subject our callers seem to enjoy confounding me with is conflict of interest.
• “Apartment Available - Perfect for a Single [Lawsuit]” - How to Avoid Legal Issues in Ads - by Jeffrey A. Willis
  "Perfect for a single person” or “ideal for empty-nesters” are phrases that may be helpful in illustrating the small size of an available apartment, but the use of such language in a rental advertisement can lead to significant and costly legal issues.
• Basic Legal Research Part 2 - by Ken Kozlowski
  In the last issue, we took a look at basic legal research on the Internet in the areas of state and federal resources. This time, we’re going to explore a few legal portals and some places to find periodical literature.
• Cell Phones and Civil Liability - by Dale K. Perdue
  The first non-experimental use of a mobile phone in the United States is thought to have occurred in St. Louis in 1946. Impractical at best, early cell phones were bulky, expensive, and difficult to use.
• Civil Jury Trials - by Belinda S. Barnes and Monica L. Waller
  Franklin County Common Pleas Court.
• Client Emergency Call: Our Data Has Been Stolen! Important Steps Before That Call - by Benita Kahn
  Receiving a call that your client’s company is the common point of purchase or discovering that the database where your client’s employee information is maintained has been hacked starts the beginning of a long journey.
• Defamation - by Jacob A. Stein
  Afriend was in the office sounding me out about a lawsuit against his boss. His bully of a boss had called him a liar in front of some important people. Didn't I think this was an actionable case of defamation?
• Eighty-Six Years and Counting... - by Harold R. Kemp
  Ours is a law firm blessed with three legal assistants who have now logged a total of over 86 years of dedicated service for the firm. In this day and age, it is a real tribute to have this type of employee loyalty and longevity.
• Good Ol' Buckeye State and Its Challenging Trails - by The Honorable David E. Cain
  After twenty-three years of backpacking in mountain ranges at points south and southeast, it was about time we tried some trails in Ohio.
• Stephen L. McIntosh – Bulldog to Buckeye - by Karen McClain
  If you listen carefully to Judge Stephen McIntosh, the incoming President of the Columbus Bar, you can hear just the slightest hint of a southern twang, a carryover from his childhood in Columbia, South Carolina.

Spring 2010

• Columbus Bar Lawyers Quarterly
  Complete publication for Spring 2010.
• A Snapshot of the Gun Control Act - by Derek Andrew DeBrosse
  Firearm regulations can have wide ranging implications on vast areas of the law. As attorneys, it is essential that we understand how firearm laws can affect our client’s rights and liberties.
• An Opiate Epidemic - by Deborah Hoy
  There is a fast growing population of prescription opiate drug abusers using prescription pain relievers for non medical use. Prescription abuse often begins during adolescence.
• Basic ADAAA - by Lisa M. Critser
  As you may be aware, the Americans with Disabilities Amendments Act of 2008 was enacted on September 25, 2008 and became effective on January 1, 2009.
• Better Than Ever: Basic Legal Research on the Internet - by Ken Kozlowski
  You know that old saying “you can’t see the forest for the trees?” Sometimes it gets that way with researching subjects on the Internet.
• Civil Jury Trials - by Belinda S. Barnes and Monica L. Waller
  Franklin County Common Pleas Court.
• Cold Cash Up Front - by Jacob Stein
  When I ask law students what they would like to do when they graduate, most say that at some time in their career they would like to try a case in federal court. They will be disappointed.
• How to Avoid Guardianships (and When Not To) - by Bradley B. Wrightsel
  This article is meant to provide a general overview of the methods used to avoid guardianships. It does not cover the topic of avoiding probate court in decedent’s estate administration, although the advantages may be similar.
• In Defense of Grumpy - by Bruce Campbell
  Those of us not burdened with a surplus of endorphins choose to ration our zest for important moments and not fritter it away with random spurts of sparkle to no specific purpose.
• Labor and Employment Law Predictions for the Next Decade - by Matthew D. Austin
  Anew year always welcomes new predictions. Although predictions frequently do not occur as expected, they are still fun to make.
• Lawyer Heal Thyself? - by Brad Lander, PhD, LICDC
  It is a widely held conviction that physicians are the worst patients. This is not so; lawyers are.
• Legal Remedies for Domestic Violence and Stalking Victims - by Harry F. Panitch
  Domestic violence is an issue that deserves public attention and concern. Endemic in our society, it is found in all socio-economic groups. The law now provides strong remedies for its victims.
• Notes from the Federal Court - by Hon. Mark R. Abel
  As the deadline for this column was approaching, I was preparing for a court ceremony to recognize my service as a United States Magistrate Judge. I am one of an increasingly rare number of workers who has worked for the same employer his entire career.
• Out of the Darkness - by James A. Readey
  It was April 10, 1988, when I went to pieces. But I am already ahead of myself in this story.
• Raising the Stakes - by Andrew C. Clark
  Last November a majority of Ohioans voted to amend the Ohio Constitution to allow the construction and operation of four casinos within the Buckeye State.
• Some Unsolicited Text Message Advertisements May Violate Federal Telemarketing Laws - by Lisa A. Wafer
  If your cellular telephone accepts text messages, you have probably received more than a few annoying, unsolicited commercial text messages in recent times.
• Taxes – Certain But Postponable - by Elbert R. Nester, J.D.
  As one of life’s two certainties, taxes become even more certain with rising budget deficits. Even so, 401ks and other pre-tax savings plans allow us to delay those taxes–often for many years–and that delay can have a tremendous value to us as investors.
• Techies Will Love New Courts Building - by Hon. David E. Cain
  For barristers accustomed to dealing with the acoustically-challenged and AV-barren Hall of Justice, the new common pleas courts building will be a dream come true.
• The Benefits and Pitfalls of Mandatory LEED Certification - by Nicole M. Loucks and Peter W. Hahn
  Though you may be asking, “What is LEED and why should I care?” – LEED is fast becoming an industry standard that your clients will expect you to know – even if you don’t consider yourself a construction or environmental lawyer.
• The Roads Traveled - by Robert Joseph Krummen
  In view of the current economic climate, it is understandable that lawyers today feel a profound sense of pressure to not only put in long hours, but also to forgo personal, family, and/or vacation time...
• U.S. Authors & Tax Stories - by Janyce C. Katz
  During the last few days of January the world lost three major U.S. authors, J.D.Salinger, Howard Zinn and Louis Auchincloss.
• W-2s, Tax Returns, and Earnings - by Susan A. Moussi
  When you need to determine an employee’s income, do you rely on obtaining that information from W-2s? Do you look to Form 1040, line 7 of past tax returns?
• Why (and How to) Join the Twitterverse? - by Pamela Walker Makowski
  When I graduated from law school in 1981, I remember just mastering a mag card machine and feeling like I was really ahead of the curve when it came to technology.
• Work-Life Balance: Not Just a Generational Issue - by Elizabeth J. Watters
  Iam not a Millenial. I am not a member of Generation Y. Technically, I am a member of Generation X, but I am just one year shy of being a Boomer.

Winter 2010

• Columbus Bar Lawyers Quarterly
  Complete publication for Winter 2010.
• 2009 Ethics Advisory Round-Up - by Alysha Clous
  Every year, the Board of Commissioners on Grievances and Discipline issues a number of Advisory Opinions based on requests submitted by attorneys and judges. Below is a summary of the 2009 opinions issued (as of print time) by the Board.
• A Jury of Your Peers - by Christina Fitchner with Marty Eisenbarth
  A couple of months ago, I received a letter from the Franklin County Court of Common Pleas summoning me to appear for jury duty. I was not thrilled by the prospect, but made arrangements to take time off work to do my duty.
• Amended Appellate Rules to Allow En Banc Rehearings - by Glen Pritchard
  The twelve district courts of appeals in Ohio comprise as many as twelve judges. It is not uncommon for different three judge panels within the same district to reach different conclusions about the same legal issue.
• Animal Cruelty & Free Speech: United States Supreme Court v. Pit Bull Video - by Renee Amlin
  A video depicts two pit bulls engaged in an organized dog fight, a hunting excursion showing pit bulls catching wild boar, and some gruesome footage of pitbulls being trained to catch and subdue hogs.
• Back to the Green Future - by David M. Scott
  Experts cite the “energy crisis” as the impetus for exploring the “heat of the sun, the power of the winds and the rains, and the warmth of the earth” in order to “capture energy from sources available, renewable and infinite.”
• Civil Jury Trials - by Belinda S. Barnes and Monica L. Waller
  Franklin County Common Pleas Court.
• Criminal Sentencing Remains a Work in Progress - by Hon. David E. Cain
  The Ohio Supreme Court is still trying to save the constitutionality of parts of the legislature’s massive criminal sentencing “reform” that went into effect in 1996.
• Employee Monitoring - Not What It Used to Be? - by William A. Nolan
  Twenty-o-nine was a tough year for employers checking up on their employees’ electronic activities. I recently had occasion to collect the year’s decisions relating to employer monitoring of employee computer use.
• Ethical Obligations in Bankruptcy - by Robert J. Sidman
  In the broadest sense, ethics are ethics; that is, it should not matter the context or the court in which a lawyer operates. A lawyer should always act ethically.
• Ethics: Personal Happiness and Professional Excellence - by Chris Beck
  What do ethics mean to you? Most people probably do not give this question much thought because the answer seems self-evident.
• Executing the Constitution and Other Works on Paper - by Janyce C. Katz
  On her first tour of the U.S. House of Representatives in D.C., my late mother-in-law Revekka Glazman stared intently at Howard Candler Christy’s depiction of George Washington signing the U.S. Constitution.
• Face Time - Better Than Facebook - by Aaron L. Granger
  Facebook is like wearing 2D glasses. Transforming our three dimensional existence into a two dimensional replica, not of who we really are, but of how we want others to see us.
• How Bilingual Should My Interpreter Be? - by Bruno Romero
  It depends. Am I ordering in an ethnic restaurant? Am I touring a distant land and want to hear about the attractions? Am I looking to set up a business in a foreign country?
• Just Take One! - by Elizabeth J. Watters
  On my desk right now is my first draft of this President’s column. The Columbus Bar President only gets four columns these days, so you really have to make them count and get to the point of what you want to share with the association’s members.
• Lawyers’ Conduct in Depositions: Professionalism Applies - by Frank A. Ray
  Lawyers who conduct depositions in civil cases should respect the process as an extension of the courtroom.
• May the Force Be With You in Court - by Stephen E. Chappelear
  It’s time to bring cultural relevance into the courtroom. That means movies and television.
• New Year Resolve: Grow New Brain Cells - by Jessica G. Fallon
  Although it’s a brand new year, it’s back to the same old grind — clients, deadlines, billable hours, student loans and all of the other assorted perks that come with being an attorney.
• Nom de Avocat - by Bruce E. Campbell
  Names, like wildebeests, migrate in great herds with the changing seasons. Stragglers molder in the dust.
• Notes from the Federal Court - by Hon. Mark R. Abel
  This past fall Judge Michael Watson completed five years on the federal bench.
• Special Dockets for Timely Consideration - by Atiba Jones
  Specialized dockets have become a growing trend with courts throughout Ohio.
• Surfing the Web Anonymously - by Ken Kozlowski
  There comes a time when you don’t want anyone to know you are visiting certain web sites. That’s not necessarily a bad thing, although it does seem to have an unsavory connotation.
• Survival of the Fittest (or, How to Protect Yourself from “Collateral” Damage) - by Judith M. McInturff
  I have devoted some time for many months thinking about the good old days. There was the time when the big bank lawyer filed vociferous objections to my self-employed debtor’s Chapter 13 plan, thinking that his Chapter 11 expertise would win the day.
• Sustainable Law Office Drives Future Success - by Alex Shumate
  In today’s value conscious legal marketplace, clients are scrutinizing every aspect of the legal services offered by law firms, including the space in which lawyers practice.
• The Amended ADA Conversing on Accommodations - by Christopher Hogan
  As the impact of the Americans with Disabilities Amendments Act begins to be felt in both workplaces and courtrooms around the country, no one can doubt that effective accommodation dialogues have never been more important.
• The Eponymous Mr. Ponzi - by Jacob A. Stein
  Hardly a day passes without the Securities and Exchange Commission or some defrauded party filing a pleading charging a defendant with engaging in a Ponzi scheme.
• The Franklin County Court of Common Pleas Commercial Docket: A Year In Review - by John P. Brody and Rebecca Roderer Price
  The Ohio Supreme Court implemented commercial dockets in four common pleas courts in Ohio – Franklin, Cuyahoga, Lucas and Hamilton counties.
• The Modern Family Feud - by Ehren W. Slagle
  When you think of family feuds, you likely recall Hatfield et al. v. McCoy et al., or the once popular television game show.
• Vicious Dogs in Ohio - by Bill Hedrick
  Vicious dogs and the laws regulating them have been a growing issue for communities throughout Ohio. One such dog commonly found to be vicious by law is the pit bull.
• What If Jurors Drafted Our Laws? We Could Only Be So Lucky! - by Hon. Charles A. Schneider
  All too often the wisdom of the jury is not recognized but, rather, criticized. What were they thinking? Where did they get lost? What trial were they listening to?
• What is a Trust Protector and How Might You Use One? - by Richard F. Meyer
  Atrust protector is a separately designated fiduciary appointed by the Grantor to ensure compliance with the Grantor’s intent of the Trust, especially where the Trust is to be administered over a period of years.