Columbus Bar Lawyers Quarterly

Fall 2009

• Columbus Bar Lawyers Quarterly
  Complete publication for Fall 2009.
• A Midsummer Night's Dream: Connecting the Pirates and the Dots - by Jacob A. Stein
  Long ago the Sunday newspaper had as its main attraction the big, separate “Comics” section. It included a puzzle called Connecting the Dots...
• Checking Up or Checking Out - by Dianna M. Anelli
  As attorneys, we know that we are responsible for our clients’ files. We have no doubt that we are duty bound to continue representing our clients until the legal matter is concluded. We usually have every intention of doing so.
• Civil Jury Trials - by Belinda S. Barnes and Monica L. Waller
  Franklin County Common Pleas Court.
• Collateral Consequences and Ohio's "Going Home to Stay" Reentry Initiative - by Carey Carr, M.P.H. and Dennis Moore, Ed.D.
  Reentry of ex-offenders back into the community continues to be a critical criminal justice issue on the national, state, and local level as the number of prisoners released into communities continues to grow.
• Fall Back to Books - by Janyce C. Katz
  Two journalists and one rabbi each wrote books reviewed in this issue. Each book raises a similar question about how and why law originates and then is interpreted and applied, telling a different story within that structure.
• Family Fugues* - by William & Scott Friedman, Heather & Beatrice Sowald, R. Douglas & Brad Wrightsel
  *A contrapuntal composition for a fixed number of parts referred to as "voices," opening with one main theme. Though there are certain established practices, composers approach the style with varying degrees of freedom and individuality.
• Fly Fish Where You Live - by Philip A. Brown
  I was hooked on fishing by the time I was six years old. I moved to Columbus in 1974 and promptly began fishing the Mad River because it was less than an hour away and was stocked with rainbow trout.
• FTC Grapples with Endless Red Flag Problems - by Bridgette C. Roman
  The goal was laudable: requiring businesses in the position to detect and prevent identity theft to implement procedures to identify it and take steps to mitigate it.
• Get to Croatia Before the Crowd - by The Honorable David E. Cain
  The Dalmatia Coast between Zadar and Split has 140 islands and islets that are all part of the Kornati National Park. They make for great yachting, sailing and other water sports in the crystal clear waters of the eastern Adriatic Sea.
• Mentoring - A Call to Action - by Justice Terrence O’Donnell
  In his inaugural address in January 1961, President John F. Kennedy challenged American citizens with what is now an instantly recognizable quotation...
• Notes from the Federal Court - by The Honorable Mark R. Abel
  The district court has experienced another changing of the guard this year. We have both a new chief district judge and magistrate judge.
• Piloting Courtroom Technology - by Atiba Jones
  Regardless of one’s preference, technology is pushing its way into the courtroom. Courts throughout the country are challenged with providing technology within the courtroom to enhance proceedings and create efficiencies.
• Practical Thoughts on Defending Formal Lawyer Discipline Charges - by Alvin E. Mathews Jr.
  The presenter at the annual legal ethics seminar said “it can happen to anyone” who is not careful enough. Yet, you didn’t think that included you!
• The Columbus Bar - Staying Alive - by Elizabeth J. Watters
  At my first Board of Governors meeting as President the question came up as to whether any Columbus Bar members realized that for the third year in a row – despite the economy – we did not raise member dues.
• The Myth of "Bad" Feelings - by Brad Lander, PhD, LICDC
  We believe that there are “good” feelings: happy, calm, joyous, serene, warm, satisfied, loving. This also means that there are “bad” feelings too: angry, guilty, anxious, resentful, disappointed, alone, ashamed. But is this really the case?
• The Specter of Juror Misconduct - by Brad L. Tammaro
  The specter of juror misconduct lurks in the shadows of any jury trial and can cause the best attorney to wonder why a future in veterinary medicine was not at the top of their career list.
• Toe Tags - by Bruce A. Campbell
  If you practice amid the sheltering arms of Fubar & Ratsafratz or some similarly prestigious firm, you may not have to concern yourself with questions of what will happen to your clients, cases, billing records, closet skeletons...
• When Parens Patriae Goes Wrong - by Angela Wilson Miller
  The professed purpose of R.C. 2907.02(A)(1)(b), Ohio’s strict liability prohibition against rape, is to “protect the young and physically immature victim from sexual advances.”1 To effectuate this purpose, the statute establishes the age of consent at 13.
• Writing It Right But "Will It Write"? - by Douglas E. Abrams
  How writing sharpens decision-making.

Summer 2009

• Columbus Bar Lawyers Quarterly
  Complete publication from Summer 2009.
• 401K Survival Tool Kit - by Bert Nester
  How to help participants tap retirement accounts for needed cash – but only as a last resort.
• A Brief History of Franklin County's Courthouses - by Robert C. Van Schoyck
  The new Franklin County courthouse being built on South High Street promises to be a groundbreaking piece of civic architecture, thanks in particular to its unique design and environmentally-friendly features.
• A Few Books for This Summer - by Janyce C. Katz
  The song “Summertime” from the opera Porgy and Bess has a phrase about “the livin’ is easy” in the summer. For me, that easy living includes time to read.
• A Primer on Ohio's New Commercial Dockets - by Timothy B. McGranor
  In his April 2007, State of the Judiciary Address, Chief Justice Thomas J. Moyer announced the creation of the Supreme Court Task Force on Commercial Dockets.
• Are You in Compliance with the Medicare Secondary Payer Act? - by Derek J. Walden & Zachary B. Pyers
  Over the past 20 years, and almost completely unbeknownst to many in the legal community, Medicare has held a right of recovery for conditional payments made to Medicare beneficiaries which should have been made by a primary payment source.
• Birthplace of Coffee Houses and Goulash... Heaven or Budapest? - by A. Alysha Clous
  The answer is Budapest. American coffee houses are now filled with blurry eyed office workers and internet addicted laptop users but in the mid 1800’s, Budapest coffee houses were hotbeds of artistic, revolutionary and literary minds.
• Broken Dreams and Nightmares - by Susan Garner Eisenman and Erik L. Smith
  County agency child support in disrupted adoptions.
• Civil Jury Trials - by Belinda S. Barnes and Monica L. Waller
  Franklin County Common Pleas Court
• Closing Argument or Razon Amiento Final - by Joel H. Mirman
  When I was eight years old and helping out in my dad’s grocery store, I concluded that milk cartons needed translucent slits in their side so that the level of remaining milk could be seen.
• Court Needs Protection from Protection Requests - by The Honorable David E. Cain
  Foreclosure filings are not the only things soaring in the sour economy. Requests for Civil Protection Orders (CPOs) have nearly tripled over the last three years.
• Deepening Insolvency is Only Damages Deep - by Peter Kimani
  With the current economic downturn, it is anticipated that there will be an uptick in cases alleging deepening insolvency as a cause of action or a measure of damages or both.
• Diminution in Property Value After Rakich - by Scott E. Smith
  You find yourself driving along in your one-year-old dream car, just washed and waxed when some knucklehead blows a stop sign and sideswipes your precious.
• Do No Harm - by D. Wesley Newhouse and Amy E. Kuhlman
  Physician non-compete agreements and public policy.
• Fiduciary Duty of Real Estate Agents - by James A. Zitesman
  Fiduciary duty. What do these words really mean to real estate agents?
• Generational Diversity - by Marty Eisenbarth
  Or, what do you do when your new employee thinks bar codes have always been on everything?
• Getting a GRIP on Litigation HOLDS - by David F. Axelrod and John A. Walker
  In Arthur Andersen v. United States, 125 S. Ct. 2129 (2005), the Supreme Court acknowledged the legitimacy of the routine destruction of unneeded records.
• Go the Distance - by Richard T. Taps
  The mysterious voice in "Field of Dreams" told John Kinsella to "Go the Distance." I learned the meaning of that in the summer of 1998.
• House Bill 7 - by Thomas N. Taneff
  Summer of adoption and child welfare provisions.
• Law School: A Time to Discourage, a Time to Disclose - by Jason Dolin
  Recent data from the Law School Admission Council shows that the number of students applying to law school for fall 2009 has increased 3.8 percent over last year and the number of law school applications filed by those applicants is up 6 percent.
• Legal Skills Sharpened by Family - by Aaron Granger
  Throughout my legal career I have been fortunate to work with dynamic mentors who taught me valuable lessons in professionalism, responsiveness to clients, and how to blend critical thought with creativity to solve problems.
• Memorandum to Elizabeth J. Watters - by Frank A. Ray
  Re: Your Term as President of the Columbus Bar
• Metadata Mania - by Dianna M. Anelli
  So what is new in the area of metadata? Can one peek into an electronic document’s metadata to discover hidden treasures? Or is such voyeurism strictly forbidden?
• News from Nameless - by Lloyd E. Fisher Jr.
  Dear Cousin Bud, The depressing recession has finally hit Nameless. We kept hearing about the bank and financial institution problems, the layoffs, cut-backs and bankruptcies all over the country.
• On Becoming a Professional Phoenix - by James N. Turner
  It comes as no surprise that in a time of economic stress employers must cut costs to protect their solvency.
• On Being a Private Attorney General - by Edward Forman
  A fifty-five year old man has spent his entire working life at a midsized corporation. He earns a comfortable salary, with health benefits which cover both his wife and his second child, who is still in college.
• Sites and Scenes from Your Neighborhood Bar
  Photo gallery of recent events in the Columbus legal community.
• The Art of the Appellate Appendix - by The Honorable Judith French and Jon Schelb
  The local rule for the Tenth District Court of Appeals, Loc. R. 7(E), requires parties to include in an addendum or appendix to their briefs materials that are “essential to the determination of the assignments of error.”
• The Columbus Bar - You'll Get What You Need - by Elizabeth J. Watters
  Like most Columbus Bar presidents, I am honored and excited by the opportunity to take on such a leadership role in one of the most respected bar associations in the country and to work with all of you - its members.
• The High Art of the Wheedle - by Bruce Campbell
  The glossy sheets of wood pulp dotted with black smudges at which you are peering did not drop spontaneously into the cosmos fully formed.
• Web 2.0 for Lawyers - Benefits and Risks - by Alvin E. Mathews Jr., and Barbara Wayman
  “It’s not what you know, it’s who you know.” In our ever-changing economic climate, this truism has never been more relevant.

Spring 2009

• Columbus Bar Lawyers Quarterly
  Complete publication from Spring 2009.
• Attorney Positions Available - by Andrew C. Clark
  Oh what a wonderful day! Instead of dressing up as an attorney for Halloween, you actually are one! (Well, not until you are sworn in, but who cares about details on a day like today.)
• Big Bad Wolf Comes to Town - by Andrew Mills Holford
  Who pays for recovery of deleted email and computer files?
• But all I can do is say thank you - by Alex Lagusch
  Thank you Joyce, thank you. And thank you Porter Wright and all of your people who have contributed to this stellar piece of lawyering.
• Change You Can Believe In - by Matthew D. Austin
  Labor and Employment Changes to Expect During the Obama Era.
• Civil Jury Trials - by Belinda S. Barnes and Monica L. Waller
  Franklin County Common Pleas Court
• Collecting Judgments against Internet-Based Companies - by Adam J. Bennett
  What do we mean by an “internet-based business.” Most businesses of any category have some presence on the internet, however, for the purposes of this article, we will define“internet- based business” to mean one which relies primarily...
• Commercial Docket Specialized Court for Franklin County - by John P. Brody
  Effective January 2, 2009, Chief Justice Moyer designated Judges John P. Bessey and Richard A. Frye of the Franklin County Common Pleas Court to hear business cases through a specialized “commercial docket.”
• Factors, Not Formulas - by L. Bradfield Hughes and Justin L. Root
  Appellate Review of Punitive Damage Awards In Ohio.
• Gay Adoption - by Thomas Taneff
  The Latest Across the Country and in Ohio. On several different fronts, the battle for and against gay adoption is once again being fought across the country. From the polls in Arkansas, to a Florida courtroom to the floor of the Tennessee...
• Harold and Kumar Plunge Into Legal Waters - by Bruce Campbell
  Our favorite slackers, having survived a much-delayed White Castle sliders binge and, most recently, an unplanned stint in Guantanamo, have gone all entrepreneurial on us this time.
• Longtime Long Term Disability - by Stanley L. Myers
  What started as a fact-driven ERISA disability case became nationally significant, as the outcome could impact insurers through out the country.
• News from Nameless - by Lloyd E. Fisher Jr.
  Dear Cousin Bud, It’s not as exciting as the Madoff Ponzi scheme but I had to write to you about Nameless’s first jury trial in about two years. You remember that since he graduated from LaSalle Internet Law School, Aunt Mabel’s...
• Piercing the Corporate Veil - by David C. Levine
  Long ago, in a time more quaint than our own, the Ohio Supreme Court issued a decision explaining with commendable clarity what a plaintiff would have to prove in order to pierce a corporate veil and hold a shareholder liable...
• Properly Responding to Iolta Overdrafts - by Alvin E. Mathews Jr.
  You are pleased about the substantial fee your firm earned from the recent client settlement. The fee is one of the largest your firm ever earned. The firm is off to a great year. All is well until you receive a notice from the bank.
• Recession and the Profession - by Kathleen M. Trafford
  The economy. We worry about it. We talk about it. We wonder what has gone so wrong. We ask: when will it turn around again? The economy is on everyone’s mind and Columbus lawyers are no exception.
• Specialty Dockets Pose Special Questions - by The Honorable David E. Cain
  Anew “specialty docket” is being tested in Common Pleas Court while other specialties may be going in different directions. Plans for an experimental “commercial docket” to be handled by two “commercial judges” went into effect at the first of the year.
• Ten Things I wish I'd Known When I was Still Practicing Law - by The Honorable Judith L. French
  Before becoming a judge on the Tenth District Court of Appeals, I spent much of my professional life writing briefs, presenting oral arguments, and wondering what the judges were thinking about appellate lawyers and their arguments.
• The 21st Century and the Virtual Paralegals - by Melodee K. Currier
  Virtual paralegals can save you money in other important ways: no training costs; no workspace costs; no supplies or equipment costs; no payroll taxes (federal, social security, unemployment, workers compensation); no overtime, bonuses, vacation...
• The Computer Scientist and the Value of Electronic Evidence - by Lee T. Ayres
  Finding answers to the questions that arise in litigation often hinges on the proper acquisition,preservation, analysis, and presentation of electronic evidence. Reliance on electronic information is sure to increase as computer systems continue...
• The Winding Path and Pitfalls of Federal Pre-emption - by D. Andrew List
  A young neighbor seeks your counsel after her husband dies following a heart attack. She tells you that her husband had a Beat-Without-Fail pacemaker, and that he had taken the pain medication Fix-It-All. The widow is distressed because she...
• Through a Different Doorway - by Barclay Hastings
  “Never condemn a man to death until you have shown him the truth” — Lao Tzu. In a follow up article reporting the Haiku Restaurant vehicular assault by Michael Rose, in which he was convicted and sentenced to 15 years, Judge John A. Connors...
• Understanding Addiction Part III - by Brad Lander
  Choice and volition are relative terms as they relate to human behavior. As we enumerated in the first two parts of this series, behavior is inextricably tied to the structure and chemical composition of the brain. Some chemical influences...
• What a Tangled Web We Weave - by Anthony M. Sharett
  Trademarks of Franchisor Used by Franchisees