Columbus Bar Lawyers Quarterly

Fall 2011

• Columbus Bar Lawyers Quarterly - (View PDF)
  Complete publication for Fall 2011.
• A Woman's Place Is… - (View PDF) - by Lloyd E. Fisher, Jr.
  Twenty-ten was a landmark year in Ohio legal history.
• Back in Time - Free Tool Offers Access to Old Web Data - (View PDF) - by Frank A. Wisehart
  Clients and their attorneys often want to use information gathered on the Internet as evidence only to find the information later changed, wiped-out, erased and gone forever.
• Campbell's Conjectures - (View PDF) - by Bruce A. Campbell
  The OED defines conjecture as a “conclusion as to facts drawn from appearances or indications.” That sounds about right for what I am putting out here as theorems about assorted aspects of practicing law.
• Civil Jury Trials - (View PDF) - by Monica L. Waller
  Frankllin County Common Pleas Court.
• Civil Rule 10(D)(2) - Affidavit Required, Merit Entirely Optional - (View PDF) - by Bobbie S. Sprader and Victoria A. Flinn
  The Affidavit of Merit requirement in Rule 10(D)(2) was introduced in 2005 to eliminate frivolous lawsuits.
• Don't Let Conflicts of Interest Slip Through the Cracks - (View PDF) - by Alvin E. Mathews, Jr.
  Any law firm or in-house corporate or governmental legal department, regardless of its size, locale and practice areas, should employ a reasonable system for screening and handling conflicts of interest.
• Great Travel Spots Lie Up North - (View PDF) - by The Honorable David E. Cain
  A mere 500 miles of northbound freeway will get you to a whole new world of nature, recreational opportunities and just plain sight seeing.
• Happiness is Healthiness, Part 2 - (View PDF) - by Robert Bailor
  In the first of this series, I proposed that “Happiness is Healthiness” and that the notion of “sobriety” could serve as a practical guide to attaining both healthiness and happiness.
• How Many Lawyers Does It Take…? - (View PDF) - by Samantha M. Makar
  Mr. Stanley (not his real name) came to Legal Aid in March of this year recently unemployed, out of money and on the brink of losing his home.
• Learning How to Be a Lawyer (Not Just "Think Like a Lawyer") - (View PDF) - by Paige E. Kohn
  Learning the law in today’s schools is the equivalent of a doctor learning the causes of disease in textbooks but never treating a patient, or a teacher learning the methods of instructing individuals but never teaching a student.
• Mockingbirds, Movies, Books and Ethics - (View PDF) - by Janyce C. Katz and Geoffrey Stern
  Books and movies can inform about law, legal ethics, professionalism and substance abuse while providing entertainment and, when so doing, hold the attention of the viewer or reader and raise questions that the average presenter of a lecture cannot do.
• Moving Cases Along - (View PDF) - by Jack D'Aurora
  If you’re pleased with the speed in which the courts publish decisions on motions, raise your hand. I doubt anyone is raising a hand.
• Of Cloudy Climes and Starry Skypes - (View PDF) - by Andrew Baker
  For those who know me, it will come as no surprise that I am writing on cloud computing.
• On Payday Lending Reform - (View PDF) - by Douglas L. Rogers
  The Ohio General Assembly passed Substitute House Bill 545 (SHB545), effective September 1, 2008, to repeal the Check Cashing Lender Law (which allowed an annual percentage interest rate of 391%) and replace it with a Short Term Lending Act (STLA)...
• Smoke-Free Condominiums - (View PDF) - by Robin L. Strohm
  An estimated 24.8 million men and 21.1 million women in the United States are smokers. That equals approximately 23% of men and a little more than 18% of women in America.
• So You Practice Public Finance Law - What Does That Mean? - (View PDF) - by Ed Cavezza
  One of my children observed many years ago that, as a public finance attorney, I was “not a real lawyer.” The incontrovertible evidence: I talked on the telephone and marked up documents all day.
• The Bad Idea That Won't Go Away - H.B. 265 - (View PDF) - by Jessica G. Fallon
  On April 14, 1930, United States Supreme Court Justice Sutherland opined, “The record of English and colonial jurisprudence antedating the Constitution will be searched in vain for evidence that trial by jury in criminal cases was regarded...
• The Billable Hour - (View PDF) - by Jeffrey A. Willis
  Here are some helpful tips for one of the most important, yet disliked, requirements for many attorneys working in firms — keeping track of one’s billable time.
• Visitation Rites - A Russian Visa, a Belarusian Passport Officer, and a German Shepherd - (View PDF) - by David S. Bloomfield, Jr.
  If the large German Shepherd that growled at me didn’t scare me enough, the AK-47 that the passport control officer had around his shoulder certainly caught my attention.
• What is Robo Signing, Anyway? - (View PDF) - by Dianna M. Anelli
  By now we are all too familiar with newspaper reports of the foreclosure crises. People are losing their homes to fraudulent foreclosure schemes perpetrated by trustees or other entities that really have no standing to bring the foreclosure action.
• What is the Debtor to Do? Bankruptcy Amendments to Correct Mistakes - (View PDF) - by Dean P. Wyman
  In every bankruptcy case, a meeting of creditors is held under 11 U.S.C. §341.

Summer 2011

• Columbus Bar Lawyers Quarterly - (View PDF)
  Complete publication for Summer 2011.
• “1776” and The Legal Thespians - (View PDF)
  “...I have come to the conclusion that one useless man is a shame, two are a law firm and three or more are a Congress..."
• A Checklist for Pharmaceutical Claims - (View PDF) - by D. Andrew List
  As the United States population ages, Americans ingest more and more prescription medications.
• About the New President - (View PDF) - by Sally W. Bloomfield
  Just a few years ago, writing this column was an opportunity I never would have dreamed of. I now have the honor, as well as pleasure, to disclose a few background tidbits about our new Columbus Bar President from the perspective of a very proud parent.
• Civil Jury Trials - (View PDF) - by Monica L. Waller
  Franklin County Common Pleas Court.
• Did You Read the Latest Opinion of the Supreme Court? - (View PDF) - by Jacob Stein
  1. I read about it in The New York Times. 2. I saw the summary in The Washington Post. 3. I glanced through it.
• Finding Cases without Breaking the Bank - (View PDF) - by Kenneth S. Kozlowski
  A few issues ago, I took a look at various basic legal research web sites, but did not go in-depth into finding cases.
• Five Electives for Extra Credit - (View PDF) - by Jack D'Aurora
  Tired of doing the same old thing? Here are five ideas that can make you a better lawyer while giving you the opportunity to help the profession.
• Guns and Restaurants and Bars - (View PDF) - by Lisa A. Wafer
  House Bill 45 and Senate Bill 17 were recently introduced before the 129th Ohio General Assembly. Each Bill expands the locations in which a concealed carry licensee may legally enter while in possession of a concealed handgun.
• Hard Drives Cause Hard Questions - (View PDF) - by A. Alysha Clous
  Digital copier and scanners are grand. Remember when you could only collate a handful of copies at a time because you were dependent on the number of trays sticking out of the side of the machine? No such restrictions now.
• How to Save Money on Technology You Buy - (View PDF) - by Barron K. Henley
  I am obsessive about researching purchases and getting the best deal. The Internet is my drug of choice for satisfying this obsession and the following are a few of my favorite tips you can use when investigating and buying technology for your law office.
• Jobs - (View PDF) - by Jill Snitcher McQuain
  While no two days at the Columbus Bar are the same, there is one theme that seems to be taking center stage each and every day: jobs.
• Making Probation Fit Its Purpose - Local Department Excels - (View PDF) - by The Honorable David E. Cain
  The Probation Department of the Common Pleas Court is winning acclaim for its efforts to match treatments with needs.
• Marshall Mellows - (View PDF) - by Bruce A. Campbell
  Newly whelped law grads in the late 1960’s and early 1970’s landed squarely on the fault line of two crustial plates, one of which was inexorably pushing over the top of the other.
• News from Nameless: LOL, You Old Geezer - (View PDF) - by Lloyd E. Fisher, Jr.
  Dear Cousin Bud, Thanks for lunch in the big city and the tour of your new office space. All that technology got my head spinning.
• Parental Rights and Parental Incapacity - A Conundrum - (View PDF) - by Josephine F. Wilson
  Cathy and Rick were married for over ten years and childless when they decided to adopt internationally.
• Products Liability Depositions: A Strategic "How To" Guide for Practitioners - (View PDF) - by Elizabeth L. Moyo
  While trial experience is becoming increasingly hard to come by for new and more experienced lawyers alike, the number of lawsuits filed has not correspondingly decreased.
• Sexting - The Fun's Up? - (View PDF) - by Angel V. Poynter
  With technology advancing faster than the speed of light, it is nearly impossible for our laws to keep up. Problems arise when there are situations that the current laws never contemplated.
• Shakespeare - On the Park - (View PDF) - by Bruce A. Campbell
  When City Center (1989-2008) commenced to disappear, And grieved neighbors looked with discomfort Came counsel with camera to record the myth That tale told ever after would unfold.
• The Enigmatic Art of the Trademark - (View PDF) - by Ashley A. Aminian
  Over the course of my practice, I’ve found trademark law to be a source of considerable confusion for the uninitiated, giving rise to such questions as “what’s the difference between a TM and a ®?"
• The Family Tradition Meets the 21st Century - (View PDF) - by David S. Bloomfield, Jr.
  As one of the perks of the Presidency of the Columbus Bar, Presidents get 900 (or so) words four times a year to say whatever they want. Therefore, indulge me as I write how our family “tradition” has evolved.
• To Practice or Not to Practice - What Else Can You Do with Your Law Degree? - (View PDF) - by Hindi Greenberg, J.D.
  Networking and informational interviewing for a job may not be as exciting as an evening at the theater, but an experienced business lawyer was so effective doing the former, that she now gets paid to spend time attending the latter...
• Twisted Laws - A Quaternion Review - (View PDF) - by Janyce C. Katz
  Attorney General v. Adolf Eichmann, criminal case no. 40/61, began fifty years ago, April 1961, ending eight months later with a guilty verdict and the only death sentence ever carried out in Israel.
• U.S. Supreme Court Expands Employees’ Anti-Retaliation Rights under Title VII - (View PDF) - by Adam R. Todd
  Employers should take note of a United States Supreme Court case decided in January of this year. In Thompson v. North American Staineless, LP, 562 U.S. 321 (2011), the Supreme Court expanded the rights of employees with regard to retaliation claims.
• What It's Like To Be in Jeopardy! - (View PDF) - by Carl A. Aveni II
  It had not been my life’s ambition to be on a game show. But when a friend mentioned in January 2010 that the Jeopardy! Online tests were being held that night, I signed up.
• When Do the Actions of an Officer Constitute a Search - And When Is It Reasonable? - (View PDF) - by Laura A. Bogrees
  On May 6, 2010 around 3 a.m., a Madison County deputy was following a white vehicle exiting Interstate 70, heading into London. The front seat passenger of the vehicle threw a lit cigarette from the window. The deputy stopped the vehicle.
• Working with Deaf Clients - A Cost Effective Interpreter Option - (View PDF) - by Ben Hall
  Attorneys have the responsibility to provide deaf and hard of hearing clients with sign language interpreters and other accommodations they may need to communicate effectively.

Spring 2011

• Columbus Bar Lawyers Quarterly - (View PDF)
  Complete publication for Spring 2011.
• 20/20 Vision - (View PDF) - by Jill Snitcher McQuain
  I recently was invited to be part of a panel discussion at the National Association of Bar Executives Conference in Atlanta. Our charge was to discuss the role and relevance of bar associations in the year 2020.
• A Message from the President - (View PDF) - by The Honorable Stephen L. McIntosh
  Judges must never forget that people are more inclined to respect their decisions when they look beyond the person and see the robe and all the qualities of justice, fairness and impartiality that the robe should represent.
• Adolescent Prescription Opiate Abuse 2011 - (View PDF) - by Brad Lander
  There are many factors that underlie this trend. Probably the most salient one is the ease that these drugs can be obtained. One in five teenagers reports being offered a prescription painkiller to get high.
• Chronicles of an Old Building - (View PDF) - by The Honorable David E. Cain
  Contemplating the move of Common Pleas Court caused more problems than just worry and work.
• Civil Jury Trials - (View PDF) - by Monica L. Waller
  Franklin County Common Pleas Court.
• Companies Beware of the Federal False Claims Act - (View PDF) - by Whitney C. Gibson
  When President Obama signed the Fraud Enforcement and Recovery Act in May 2009, he codified the most expansive amendments to the False Claims Act in over twenty years.
• Concerted Activity and Social Media: Failing to Hang Together May No Longer Mean Hanging Separately - (View PDF) - by Christopher Hogan
  At the signing of the Declaration of Independence, the everquotable Ben Franklin reportedly admonished his colleagues, “We must all hang together, or assuredly we shall all hang separately.”
• Conversations for Solutions - (View PDF) - by Sandra Mendel Furman
  As family members’ age and government resources are ever diminishing many difficult choices concerning elder family members will need to be made.
• Happiness is Healthiness - (View PDF) - by Robert Bailor
  What is happiness? This question has haunted human thought since there has been human thought. The problem is that this question is like a two-edged sword.
• Is Scott-Pontzer Back? - (View PDF) - by D. Wesley Newhouse
  The last decade’s boon for personal injury attorneys, on both sides, was the case of Scott-Pontzer v. Liberty Mut. Fire Ins. Co. (1999), 85 Ohio St.3d 660.
• Kindergarten Credos of Professionalism - (View PDF) - by Lloyd E. Fisher, Jr.
  Judge James Graham’s excellent article about professionalism in the winter edition of the Lawyers Quarterly stirred some personal thinking on the subject.
• Law Schools: Why Faculties Fight Change - (View PDF) - by Jason M. Dolin
  Law school has never done a very good job of preparing students to practice. In the old days when law school was relatively inexpensive and jobs were more plentiful, the bench and the bar could look the other way.
• Look Before You Log! - (View PDF) - by Hasrat Rahamatalli
  Electronic discovery often poses unique challenges for litigators. A classic example involves logging email chains a party claims are privileged.
• Mediation Goes Hollywood - (View PDF) - by Jay M. Patterson, J.D.
  If you haven’t already, I recommend you check out the new television series on USA Network, “Fairly Legal.”
• Remembering Dottie Ketcham - (View PDF) - by Stephanie A. Connor
  It was a hot, sunny summer afternoon this past July, and my husband and I had the honor of attending Dottie Ketcham's 95th birthday celebration.
• The Unexpected Letter - (View PDF) - by Rosemary Ebner Pomeroy
  My hearing is done. I’m back in my car and ready to head back to my office center to get my mail. All in all, it’s a pretty good day, another happy adoptive family headed home with their baby, and for once no voice mail messages on my cell.
• Trial by Jury: How Did It Start and Where Will It End? - (View PDF) - by Frank A. Ray
  As lawyers, we find the essence of our professional validation within state and federal constitutions.

Winter 2011

• Columbus Bar Lawyers Quarterly - (View PDF)
  Complete publication for Winter 2011.
• An Adoption and Surrogacy Law Update - (View PDF) - by Susan Garner Eisenman
  Summer 2010 – a busy time for adoption and surrogacy practitioners. There were a number of important cases that impact the practice of adoption and surrogacy law.
• Bad for Business: Ohio's Statute of Limitations for Written Contracts - (View PDF) - by Mark A. Johnson and Rodger L. Eckelberry
  Do you recall details of conversations and events from 15 years ago? Unless the event was personally significant or tragic, probably not.
• Cheers - (View PDF) - by The Honorable Stephen L. McIntosh
  To Alex Lagusch. If you remember the sitcom, Cheers, then you will know what I am talking about. As the lyrics to the show’s theme song go…
• Civil Jury Trials - (View PDF) - by Monica L. Waller
  Franklin County Common Pleas Court.
• Death Where is Thy Slang? - (View PDF) - by Lloyd E. Fisher, Jr.
  As an estate planner and trust and estate lawyer, I’ve spent years dealing with the event that most Americans try to ignore -- death.
• Dodd-Frank Wall Street Reform and Consumer Protection Act - (View PDF) - by Jeffery E. Smith
  Drafted against a backdrop of intense political and industry pressure, the Dodd-Frank Wall Street Reform and Consumer Protection Act was signed into law on July 21, 2010.
• Excalibur Changes Hands - (View PDF) - by Bruce A. Campbell
  A weary King Arthur repaired to his barge. As he embarked, he told his worthy knight, Sir Bedivere, “the old order changeth, yielding place to new.”
• Foreclosure Defense - Where Do We Stand on Standing? - (View PDF) - by Tamara R. Parker
  In 2008, when the Ohio Supreme Court put out the call for private attorneys to assist legal aids in providing pro bono representation in foreclosure cases, it sponsored a two-day foreclosure defense training in conjunction with the...
• Get Started in the "Cloud" - (View PDF) - by Ken Kozlowski
  Some people know about cloud computing, some don’t care. However, the time has come for lawyers to see just what the cloud is and how they can take advantage of it.
• Hide and Go Seek - Inventory Attorneys Chronicling Another's Cases - (View PDF) - by Charles J. Kettlewell
  Taking over a law firm from a suddenly disabled or deceased attorney can be a daunting proposition even if you are already familiar with the clients and cases.
• I Passed the Bar Exam - Now What? - (View PDF) - by Derek Andrew DeBrosse
  It has not been an easy road and it appears to keep getting harder, but in the end through perseverance I know that opening my own law practice right out of school was the right decision.
• John Maynard Keynes, David Lloyd George, Arthur Koestler, The Snowfall, and the Dog with an Ear Infe - (View PDF) - by Jacob A. Stein
  When I picked up two tattered books at the Palisades Neighborhood Library book sale, I thought there would be no connection between them. They were just side by side, two for a dollar.
• Law Firms Websites and Ethical Considerations - (View PDF) - by Alvin E. Mathews, Jr.
  You’ve wanted to freshen up your law firm website for a while. So, you hire a self-proclaimed web designer/marketing guru to help you with branding and attracting clients.
• Litigate the Merits - Avoid Spoliation Claims - (View PDF) - by Rodney A. Holaday
  Work with your client to understand who the relevant custodians are, what computer systems can reasonably expected to contain relevant information, and what the costs and burdens are of preserving relevant information.
• New Common Pleas Courthouse May Have Fewer Visitors - (View PDF) - by The Honorable David E. Cain
  The moving of Common Pleas Court to a new building will soon be followed by some new technologies, practices and procedures. They will actually make trips to the courthouse much less frequent for many attorneys.
• No Place Like Home - Voucher Termination and Due Process - (View PDF) - by Dianna J. Parker
  Ms. Thomas1 sat in my office at the Legal Aid Society of Columbus (LASC) in mid-April with tears in her eyes, a small child on her lap, and a very clear message: "If you do not help me, we will be homeless."
• On Defending the Defenders: Expanded Legal Assistance Program for Military Attorneys in Ohio - (View PDF) - by Steve Lynch
  A proposal to allow military attorneys licensed in other states to represent military clients in Ohio’s courts will soon be presented to the Supreme Court of Ohio for its consideration.
• PACO and LASC Join Forces - (View PDF) - by Teresa Scharf
  Does the thought of volunteering for pro bono work frustrate you and seem like an attempt to complicate your already busy schedule with obligatory activities you really are not interested in?
• Reflections on the Meaning of Professionalism - (View PDF) - by The Honorable James L. Graham
  My love affair with the law began in the autumn of 1959 when I enrolled as member of the freshman class at The Ohio State University College of Law.
• The Choice - (View PDF) - by Alan T. Radnor
  It is not the best day in a father’s life when his only son announces, “Dad, I want to be a professional actor.” He was 15 years old, a good student and an athlete.
• The Election of 1960 - Fifty Years Later - (View PDF) - by David Stebenne
  November 8, 2010 marks the fiftieth anniversary of the presidential election of 1960, which still very much interests those who care about disputed elections and how best to resolve them.
• Think Rome - And What Comes to Mind? - (View PDF) - by Janyce Katz
  Romantic? Capital of Italy? Roman Empire? Ruins? Vatican? Eternal City? La Dolce Vita? Trip? "Expensive" is another word that could be used to describe a visit to this magnificent city.
• Unraveling the Web 2.0 - Recent Developments in Social Media and the Law - (View PDF) - by Joseph Fungsang
  If you’ve updated your Twitter feed, posted a video on YouTube, or “friended” someone on Facebook lately, you are undoubtedly aware of the way social media has permeated many aspects of day-to-day life.
• What Clients Want in Tough Economic Times - (View PDF) - by Jessika M. Ferm
  It’s a tough economy out there, especially for lawyers. Law firm leaders are struggling to cope with recession, technological change and a pressing need for business development skills that often goes unmet.
• What Every Lawyer Should Know About Ohio Bicycle Traffic Law - (View PDF) - by John Gideon
  Over the last few years Mayor Coleman has expressed the commitment of the City of Columbus to become a bicycle friendly city on a number of occasions and in a variety of ways.
• Winning Trials with Audio-Visual Evidence - (View PDF) - by Frank A. Ray
  As an audio-visual experience washes over a listener and observer, the person’s brain consolidates information for storage.