Columbus Bar Lawyers Quarterly

Fall 2010

• Columbus Bar Lawyers Quarterly - (View PDF)
  Complete publication for Fall 2010.
• About That Proposition... - (View PDF) - by Jack D'Aurora
  U.S. District Judge Vaughn Walker's decision overturning California's Proposition 8, which prohibited same-sex marriage, has sparked angry comments.
• Appellate Advocacy at Trial - (View PDF) - by Glen R. Pritchard
  When litigation justifies the involvement of two lawyers, the “lead trial attorney” often enlists a “second chair” to help.
• Basic Legal Research - Part III - (View PDF) - by Ken Kozlowski
  This is the third and last of our series dealing with basic legal information. Part III looks at various reference sites, places to find software programs and reviews, and concludes with some pointers to blogs.
• Civil Jury Trials - (View PDF) - by Belinda S. Barnes and Monica L. Waller
  Franklin County Common Pleas Court.
• Concealing Due Process - (View PDF) - by Derek Andrew DeBrosse
  State law is deceptively clear: a county sheriff shall revoke a concealed carry license if the licensee does anything on a laundry list of mostly criminal acts.
• Current Conflicts Under Rules 1.7 - (View PDF) - by Dianna M. Anelli
  Generally, an attorney’s duties of honesty, diligence and undivided loyalty prevent him or her from representing clients with conflicting interests.
• Equal Access v. Free Association? - (View PDF) - by Larry S. Hayman
  Public universities, student organizations, and the First Amendment after Christian Legal Society v. Martinez.
• Filing an Administrative Appeal - Easing the Process - (View PDF) - by Thea L. Allendorf
  Revised Code 119.12 provides a roadmap for filing an appeal from an administrative decision. Recent Supreme Court of Ohio precedent made navigating that roadmap a bit tricky for the unwary appellant.
• Generalists and Specialists - Looking Global - (View PDF) - by Gus M. Shihab
  The area of immigration law is extremely complex and touches on many other areas of jurisprudence. Without doubt, immigration law in the United States is going to become a major public interest issue in the next several years.
• Hey, Dude! - (View PDF) - by Lloyd E. Fisher, Jr.
  Any list of colorful Ohio lawyers would include Nicholas Longworth IV (1869 – 1931).
• Hiring a Police Expert? Five Points to Examine - (View PDF) - by Dr. Richard Weinblatt
  Your client comes in and tells you a tale of woe from an interaction that happened the night before with law enforcement officers. It is not uncommon for people to have contact with law enforcement officials.
• Message from the President - (View PDF) - by The Honorable Stephen L. McIntosh
  At the recent ABA conference there was a panel discussion on the topic of attorney job satisfaction. Most of the data used by the panel was from a survey conducted by the South Carolina Bar Association.
• Muster Rolls - Then and Now - (View PDF) - by Bruce A. Campbell
  In 1934, the year in which the Queen Mary and Donald Duck were both launched, an about-to-be-ticketed OSU law grad, perhaps lacking anything better to do while waiting to start building his book of business, ginned up a book of a different sort.
• No Shortage of Travel Ideas - (View PDF) - by The Honorable David E. Cain
  Want to shop for the most exciting destinations on the planet? Go to Adventure Center.com. Or, better yet, talk to Judge Anne Taylor.
• On Judges - A Triptych - (View PDF) - by S. Michael Miller
  Nearly 43 years ago, I was preparing for a habeas corpus hearing in the US District Court, Southern District of Ohio. I was representing the State of Ohio and the petitioner was a convicted axe murderer who was represented by a pair of seasoned lawyers.
• Promotion and Tenure and the Fair Pay Act of 2009 - (View PDF) - by Christopher E. Hogan
  A year and a half after being the first bill signed into law by President Obama, the Lilly Ledbetter Fair Pay Act of 2009 (FPA) continues to create uncertainty for educational institutions.
• Sign Up Now - (View PDF) - by Anne M. Valentine
  I walk into the old, stained concrete block building (home to an average of 90 men on any given day) as I have done on many Wednesday evenings over the past 20 years.
• The DMCA & Video Games and Passwords - (View PDF) - by Andrew Mills Holford
  Copyright management information can include, among other things, the title of the work, the author of the work, the status of the copyright of the work, identifying information about the work as well as terms and conditions for the use of the work.
• The Living Constitution - (View PDF) - by Janyce C. Katz
  Constitutional discourse is not new. Each time the Constitution is interpreted, the questions raised are basic.
• The Lost Art of Listening - (View PDF) - by Brad Lander, PhD, LICDC
  Technology, tight schedules, deadlines, distractions and interruptions are all part of a lawyer's life.
• The Ohio Veterans Wraparound Project: Wrapping Our Arms Around Veterans - (View PDF) - by Justice Evelyn Lundberg Stratton
  Among the 50 states, Ohio has the fifth largest veterans population -- an estimated 900,000. An increasing number of our veterans are developing serious mental illnesses, substance abuse issues (or both) and as a result...

Summer 2010

• Columbus Bar Lawyers Quarterly - (View PDF)
  Complete publication for Summer 2010.
• A Message from the President - (View PDF) - 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! - (View PDF) - 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 - (View PDF) - 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 - (View PDF) - 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 - (View PDF) - 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 - (View PDF) - 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 - (View PDF) - 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 - (View PDF) - 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... - (View PDF) - 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 - (View PDF) - 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.
• Head of the Class - (View PDF) - by Aisling Babbitt
  Earlier this year, Richard Simpson was named dean of Capital University's Law School. While he pondered joining a law school faculty upon his eventual retirement, he had not considered actually leading a school until the opportunity arose last Fall.
• How to Avoid Guardianships (and When Not To) - (View PDF) - 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.
• Investing in Futures - (View PDF) - by Michael K. Yarbrough
  At a time in which many national law firms either rescinded or postponed first-year associate offers, Frost Brown Todd chose to find a creative solution.
• It's a New Day at the Domestic Relations Court - (View PDF) - by Heather G. Sowald
  Ohio law students who were recently surveyed overwhelmingly indicated that they had no desire to practice family law. Why? They replied that it is an area of practice with low monetary reward, high stress, and generally unsatisfied clients.
• Managing the Client Who Has Nothing to Wear - (View PDF) - by Aaron L. Granger
  Getting ready for “pajama day” in first grade was an exhausting exercise. My daughter proclaimed that the drawer full of pajamas did not contain any “good ones.” Her tone, facial expression, and body language were eerily familiar.
• New Leadership and Direction for the CBA - (View PDF)
  Editor's Note: This page is taken from a now defunct publication and reprinted without permission of the Board of Governors, past or present. We know the material presented to be true, in most part.
• Notes from the Federal Court - (View PDF) - by The Honorable Mark R. Abel
  The 70th, biggest and best yet, Sixth Circuit Judicial Conference was held this May in Columbus. Over 900 attendees were treated to a blockbuster lineup of speakers.
• One Out Of Thirty Attorneys Loves Timekeeping - (View PDF) - by Matthew Krejci
  A year ago, we embarked on an extensive research project assessing the management pains in the legal profession. One aspect of the research involved detailed interviews of thirty attorneys to identify developing trends.
• Patent Preparation and Prosecution - (View PDF) - by Ashley A. Aminian
  Most everybody knows that if you want to protect an invention, you need to get a patent. But what if a client came to you asking how? Would you know what to say?
• Representing Yourself: A Fool for a Client - (View PDF) - by The Honorable Patrick E. Sheeran
  Over the years, I have had different reasons for not wanting a defendant in a criminal case to represent himself.
• Snakes on a Staff - (View PDF) - by Bruce A. Campbell
  Teddy Roosevelt bragged about carrying a “big stick,” (double entendre his), but Mercury (the god – not the soon-to-be dumped car brand) had a really big staff with dueling snakes wrapped around it.
• Stephen L. McIntosh – Bulldog to Buckeye - (View PDF) - 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.
• Technology and Globalization and Their Growing Impact on the Model Rules - (View PDF) - by Alvin E. Mathews Jr.
  Over the past 15 or so years, technological advances and globalization have changed the legal profession in ways not yet reflected in our legal ethics rules.
• The Fraudster! Devastating to Small Businesses: How to Minimize the Risk - (View PDF) - by Courtney Sparks White, J.D., LL.M., ASA, AVA, and Mike Stevenson, CPA, CFE
  Whitney, a bookkeeper for a small trucking company, embezzled $550,000 from her employer. She spent a great deal of the illegal cash on a new Mercedes, luxury vacations and jewelry. Of course, she had to have a new house to store all her finery.
• The Other Depression - (View PDF) - by Lloyd E. Fisher Jr.
  Having achieved permanent “geezer” status several years ago, I have an AARP-guaranteed right to tell tales of the other Depression.
• Top Tips for Positive Profiling - (View PDF) - by Paula Coulter
  For a growing number of Columbus Bar members the online lawyer referral service has become a major force in a marketing plan for growing a practice. It’s no wonder.
• What’s the Use? Ohio Supreme Court Clarifies Limitations on the Information Obtained Via Threat - (View PDF) - by Matthew D. Whitman
  Labor and employment professionals should review the Ohio Supreme Court’s recent State v. Jackson decision.

Spring 2010

• Columbus Bar Lawyers Quarterly - (View PDF)
  Complete publication for Spring 2010.
• A Snapshot of the Gun Control Act - (View PDF) - 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 - (View PDF) - 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 - (View PDF) - 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 - (View PDF) - 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 - (View PDF) - by Belinda S. Barnes and Monica L. Waller
  Franklin County Common Pleas Court.
• Cold Cash Up Front - (View PDF) - 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) - (View PDF) - 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 - (View PDF) - 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 - (View PDF) - 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? - (View PDF) - 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 - (View PDF) - 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 - (View PDF) - 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 - (View PDF) - 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 - (View PDF) - 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 - (View PDF) - 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 - (View PDF) - 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 - (View PDF) - 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 - (View PDF) - 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 - (View PDF) - 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 - (View PDF) - 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 - (View PDF) - 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? - (View PDF) - 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 - (View PDF) - 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 - (View PDF)
  Complete publication for Winter 2010.
• 2009 Ethics Advisory Round-Up - (View PDF) - 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 - (View PDF) - 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 - (View PDF) - 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 - (View PDF) - 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 - (View PDF) - 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 - (View PDF) - by Belinda S. Barnes and Monica L. Waller
  Franklin County Common Pleas Court.
• Criminal Sentencing Remains a Work in Progress - (View PDF) - 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? - (View PDF) - 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 - (View PDF) - 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 - (View PDF) - 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 - (View PDF) - 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 - (View PDF) - 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? - (View PDF) - 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! - (View PDF) - 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 - (View PDF) - 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 - (View PDF) - 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 - (View PDF) - 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 - (View PDF) - 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 - (View PDF) - by Hon. Mark R. Abel
  This past fall Judge Michael Watson completed five years on the federal bench.
• Special Dockets for Timely Consideration - (View PDF) - by Atiba Jones
  Specialized dockets have become a growing trend with courts throughout Ohio.
• Surfing the Web Anonymously - (View PDF) - 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) - (View PDF) - 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 - (View PDF) - 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 - (View PDF) - 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 - (View PDF) - 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 - (View PDF) - 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 - (View PDF) - 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 - (View PDF) - 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! - (View PDF) - 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? - (View PDF) - 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.