Columbus Bar Lawyers Quarterly

Fall 2012

• Columbus Bar Lawyers Quarterly - (View PDF)
  Complete publication for Fall 2012.
• A Culinary Adventure for a Passionate Cook - (View PDF) - by Marty Eisenbarth
  Some people cook to live. They dread the drudgery of preparing meals and despise the weekly trip to the grocery store. Their favorite dinner is going to a restaurant or calling for pizza.
• Civil Jury Trials - (View PDF) - by Monica L. Waller
  Franklin County Common Pleas Court
• Court Reporters Get Kicked While They Are Down - (View PDF) - by The Honorable David E. Cain
  The recession has hit court reporters a little harder than most county employees. While salaries have remained pretty much static for the vast majority, court reporters actually are seeing some of theirs trickle away.
• Deferred Action (DACA) - (View PDF) - by David S. Bloomfield
  What is it? What is it not? Who is eligible? And how do I sign up? It originated by executive order and not from Congress. It is a lesser version of the DREAM Act.
• Disaster Planning - (View PDF) - by Bradley B. Wrightsel
  Eleanor Roosevelt once said, “learn from the mistakes of others. You can’t live long enough to make them all yourself.” With that quote in mind, I will share a recent problem that our firm encountered, so you have the time to err elsewhere.
• Does a Family Lawyer Have a Duty to Counsel a Client Regarding ADR Options? - (View PDF) - by Robert N. Wistner
  The lawyer’s role in any ADR process may be either acting as a representative of one party or as a third-party neutral to assist the parties in finding a solution that is mutually acceptable to all of the parties.
• Examining S.B. 1070 After U.S. Supreme Court Ruling - (View PDF) - by Jane Lee
  S.B. 1070, the legislative name of the “Support Our Law Enforcement and Safe Neighborhoods Act,” was an immigration enforcement law enacted by the state of Arizona in April 2010.
• Flexibility: The Key to Improving Work-Life Balance - (View PDF) - by Amanda Zibners Naprawa
  Women still can’t have it all. So goes the title of Anne-Marie Slaughter’s recent article published in the Atlantic magazine.
• Help! I Have Too Much Money in My IOLTA! - (View PDF) - by A. Alysha Clous
  According to Wallis Simpson, Duchess of Windsor, you can never be too thin or too rich. No arguments from me about the former, but the latter can cause a problem if money is accumulating in an IOLTA due to MIA clients.
• Law Schools: The Real Employment Numbers for the Class of 2011 - (View PDF) - by Jason M. Dolin
  Will Meyerhoffer is a Harvard B.A., NYU JD, former associate at Sullivan and Cromwell, author of a recently published book on the difficulties of associate life in big firm practice, and now a licensed clinical social worker.
• Lawyers with Artistic License - (View PDF) - by Heather G. Sowald
  I continue my search for attorneys who have developed their artistic talents as a balance to their daily work. Here are three more amazing attorneys:
• On Judging the Commercial Docket - (View PDF) - by Jack D'Aurora and Jeffrey A. Eyerman
  Last June, the Franklin County Court of Common Pleas judges voted to discontinue the commercial docket, a relatively recent creation developed with the goal of streamlining business disputes.
• Pro Bono Publico - Making Ends Meet - (View PDF) - by Dianna Parker
  Clad in his signature golf shirt and khaki shorts, retired Porter Wright partner John Hartranft crosses the threshold of the Legal Aid Society of Columbus every Tuesday morning for his three-hour shift in the Volunteer Resource Center office.
• Speedy and Cost-Efficient Discovery Practices for Those Low-Asset Divorce Cases - (View PDF) - by Adam T. Barney
  Most clients in low-asset divorce cases will have a finite amount of funds from which to complete their divorce.
• The Art of Recovery - (View PDF) - by Robert Bailor
  Recovery is an art. It is an intuitive and creative attunement to what a healthy lifestyle requires, and it is a devotion to this lifestyle as a greater good.
• The Merchant of Venice - (View PDF) - by John S. Kuhn
  Editor’s note: The ABA Journal has on its website a playbill naming our 12 greatest legal plays. Shakespeare tops the list.
• THE RES IS NOT ALWAYS TO THE SWIFT - (View PDF) - by Lloyd E. Fisher, Jr.
  Every profession and occupation develops its own language and jargon. And law, with its dependence on language, has fostered many interesting words and phrases.

Summer 2012

• Columbus Bar Lawyers Quarterly - (View PDF)
  Complete publication for Summer 2012.
• 365 Thank Yous: The Year a Simple Act of Daily Gratitute Changed My Life - (View PDF) - by Susan Garner Eisenman
  This book was written by a midlife attorney from California. The author seems an ordinary individual, not unlike someone who might have been in line with you at the Clerk of Courts office this morning.
• A Rose by Any Other Name… Wouldn't Have a Ruined Credit Score - (View PDF) - by A. Alysha Clous
  As you may imagine, we receive all sorts of ethics questions, requests and complaints. One issue that is appearing with increasing frequency involves mistaken identity.
• Civil Jury Trials - (View PDF) - by Monica L. Waller
  Franklin County Common Pleas Court.
• Cross-Examination - (View PDF) - by Jacob A. Stein
  Court TV brings this great legal engine right into the bedroom. Court TV also brings instant commentary by the acknowledged experts on just how the art should be practiced.
• Cy Pres and Class Action Settlements: Giving Away Other People's Money - (View PDF) - by Drew H. Campbell
  It was recently reported that a charitable foundation received a generous gift out of the blue – from lawyers. A performing arts center in Ohio received $50,000 from a local law firm, which came from "cy pres money."
• Drug Testing the Judiciary? - (View PDF) - by Gabrielle P. Moore and Adam R. Todd
  Ohio House Bill 343 seeks to require drug and alcohol testing of several Ohio public officials, including judges.
• eBooks: The Future of Law Practice (and Death of the Printed Book)? - (View PDF) - by Bradley W. Miller
  I can remember lugging heavy case books back and forth between classes in law school. With eBooks, there are no more large books to embarrassingly drop in the hallway.
• Farewell and Best Wishes - Deborah DeHaan, Executive Director, OCLRE (1999-2012) - (View PDF) - by Richard Dove
  As lawyers, we occasionally encounter a layperson who shares our appreciation for the rule of law and an understanding of its importance to maintaining a democratic society.
• From Work Horse to Show Pony: Problems with the H-1B Visa - (View PDF) - by Maria F. Miller
  The H-1B visa is a classification used for foreign nationals who will be temporarily employed – full or part-time – in a specialty occupation.
• Integrative Law and Other Firms of Endearment - (View PDF) - by J. Kim Wright
  Not long ago, I was speaking to a professional responsibility class at a law school. I asked them: do you believe it is possible to make a difference in the world, earn a good living, and have a satisfying personal and professional life?
• Judicial Theatrical Troupe Toasts Big Anniversary - (View PDF) - by Hon. David E. Cain
  The Gallery Players are celebrating their 20th anniversary. Although sporting a generic name and being virtually unknown, the players have periodically presented high drama involving everything from sexual predators to lawyers avoiding discovery.
• Justice Trips the Light Fantastic - (View PDF) - by Bruce Campbell
  The evolutionary processes – natural and social – yield some bizarre forms, the symmetry and utility of which is hard to discern (e.g. cockroaches and Congress).
• Lawyer Referral Service "Bully" Case Goes Global - (View PDF) - by Daniel R. Mordarski
  When a mother from Washington Court House needed a lawyer to help her special-needs child, she called the Columbus Bar. She was referred to LRS panel member Brian Garvine, who recruited fellow LRS panel attorney Dan Mordarski to co-counsel on the matter.
• Lawyers with Artistic License - (View PDF) - by Heather G. Sowald
  I have dabbled over the years in various artistic mediums. I had hoped when I began my empty-nest phase of life to jump back into redeveloping my creative side. Well, that hasn’t quite happened.
• Living "Illegal": The Human Face of Unauthorized Immigration - (View PDF) - by Devon N. R. Oser and Michael N. Oser
  Four authors have written an intriguing book to give "illegal" immigrants living in the United States a voice.
• Must I Pay Attention to the NLRB? - (View PDF) - by Matt Austin
  Business owners – especially owners of small businesses – are busy. I know this because I own a small business. We are pulled in countless directions overseeing myriad areas of our companies that all must work together.
• Must Moving Cases Be Heavy Lifting? - (View PDF) - by Jack D'Aurora
  During its March meeting, the Common Pleas Court Committee conducted a forum on how the court might improve the speed with which motions are decided.
• Patenting Laws of Nature? - (View PDF) - by Douglas L. Rogers
  There is tension in patent law between granting certain biotechnology patents and preserving laws of nature for the public domain.
• Poolside Reading - (View PDF) - by Janyce Katz
  Summer and vicious election campaigns started too early this year. It’s tiring. I need a laugh. Badly. The swimming pool beckons.
• Ten Tips for Success in the Court of Appeals - (View PDF) - by Hon. William A. Klatt
  Appellate cases present counsel with some unique challenges and pitfalls. Some of these challenges and pitfalls are fairly obvious. Others are less so.
• The Art of Recovery - (View PDF) - by Robert Bailor
  John, a lawyer, liked to have a couple drinks after work every day. He figured he deserved it. The one or two drinks after work became three and four because one or two were not enough.
• The Art of Requesting Remedies - (View PDF) - by James A. Zitesman
  The Real Estate Purchase Contract approved by the Columbus Bar Association and the Columbus Board of Realtors, "the Contract," contains provisions for inspections and requests for remedies if unsatisfactory conditions are discovered.
• The Columbus Bar is Flying High - (View PDF) - by Bradley B. Wrightsel
  I recently had an opportunity to fl y on a KC-135R Stratotanker and witness the re-fueling of a B-2 Bomber. Although we took off from Rickenbacker Air National Guard Base, the re-fueling occurred somewhere over Tennessee at 30,000 feet.
• The Demise of Civility? - (View PDF) - by Christina Corl
  We have all seen them. Hunched over our desks, wolfing down a sandwich for lunch, we open the amusing emails from our colleagues and have a good chuckle.
• The Fracking Frenzy: A Windfall for the Legal Community - (View PDF) - by Gary A. Moll
  Periodically it becomes necessary for the Merriam-Webster Dictionary to update its content for new words that enter the lexicon.
• The Ohio Bar Has Lost One of Its Finest - (View PDF) - by James W. Lewis
  Joseph Briggs DeVennish, 94, of Upper Arlington and Naples, Florida, passed away this year. He received his B.A. in 1939 and J.D. in 1946 from The Ohio State University. The Second World War interrupted his studies.
• "Think Different" - (View PDF) - by Jill Snitcher McQuain
  I’m not really one to buy into "hype." I had no intention of reading Steve Jobs's biography.
• Three Pillars of Search Engine Ranking and Why You Should Care About Them - (View PDF) - by Sara Smith
  Personal referrals and a good reputation are no longer enough to build your practice. With so many potential clients relying on web searches to find the right attorney, search engine results can significantly impact the growth of your practice.
• Trashy Trysts - (View PDF) - by Lloyd E. Fisher, Jr.
  Kinky sex, drugs and a philandering OSU professor who kills his coed mistress with a knife and a ball peen hammer. The plot for a 2012 pulp novel? No – the facts of one of Franklin County's most lurid criminal cases.
• Waging War Against the Intoxilyzer 8000 - (View PDF) - by Jessica Fallon
  Much controversy has surrounded Ohio’s decision to adopt the Intoxilyzer 8000 as its newest breath alcohol testing instrument.

Spring 2012

• Columbus Bar Lawyers Quarterly - (View PDF)
  Complete publication for Spring 2012.
• A Shift in Focus - The Amended ADA - (View PDF) - by Chris Hogan
  The ADA Amendments Act of 2008, that became effective January 2009, directed the courts and the Equal Employment Opportunity Commission to “restore the intent and protections” of the Americans with Disabilities Act of 1990.
• America Invents Act - (View PDF) - by Douglas L. Rogers
  In 2011, Congress passed and the President signed the “America Invents Act,” the first comprehensive patent reform since 1952.
• And the Future Brings... - (View PDF) - by David S. Bloomfield, Jr.
  As my year quickly comes to a close and I turn the reigns of the presidency over to another second-generation President, Brad Wrightsel, people have asked me how I will occupy my free time.
• Civil Jury Trials - (View PDF) - by Monica L. Waller
  Franklin County Common Pleas Court.
• "Clarifying" Removal Under the Federal Courts Jurisdiction and Venue Clarification Act of 2011 - (View PDF) - by Bryan R. Faller
  In December, President Obama signed into law the Federal Courts Jurisdiction and Venue Clarification Act of 2011.
• Courage to Heal - (View PDF) - by Candace Hartzler
  There is nothing sure-footed about addiction except for the way it wreaks havoc on the addict’s spirit and spills pain across his family system.
• Cruising to Alaska - (View PDF) - by Janyce C. Katz
  My husband, Mark, and I stood on a small, wooden bridge thirteen miles outside of Juneau, Alaska, looking at the Mendenhall Glazier and an ice cube fi lled lake on one side of the bridge.
• Dead Gain Voice in Fracking Debate - (View PDF) - by Sean P. Casey
  A recent development in Ohio’s fracking boom is raising the dead, well, at least raising concerns for the dead.
• Flying Solo or Flying with a Co-Pilot: The Growth of a Law Practice - (View PDF) - by Derek A. DeBrosse
  I never wanted to practice law on my own – I always felt having a law partner or partners was a value added benefit not only to myself but my clients as well.
• Happiness is Healthiness - (View PDF) - by Robert Bailor
  We have been considering “sobriety” as a mnemonic to reflect on what being happy means and what it requires.
• Ink on inc - (View PDF) - by Jill Snitcher McQuain
  At this point, we are just finishing the first year of our pilot program, a venture of Columbus Bar inc – a Professional Development Center.
• Opening the Door - (View PDF) - by Francine Jacobs
  The best advice I’ve ever heard was, “When you come to a fork in the road, take it!”
• Persistence Conquers an Imperfect Legal System - (View PDF) - by James D. Abrams
  As the Chair of the Columbus Bar’s Pro Bono Committee, I’m always pleased to learn about extraordinary efforts attorneys have taken on behalf of their pro bono clients, and the impressive results those attorneys achieve.
• Pharmacokinetics - (View PDF) - by Allen Nichol
  The clinical science of how the body works when given a medication.
• Reflections from Another Lifetime - (View PDF) - by The Honorable David E. Cain
  The flashbacks began when an attorney said his mother cleaned out her attic and set aside some very old newspapers.
• Regarding Women in the Profession - Promise and Alarm - (View PDF) - by Kerry Renker Green
  In 2011, two organizations released reports regarding women in the legal profession. Each report shows women have made some strides in the profession, but there is still work to be done.
• Religious Challenges to Employer Dress Codes - (View PDF) - by David T. Ball
  Clothing retailer Abercrombie & Fitch, that also operates Abercrombie Kids and Hollister stores, fosters what it calls an “all-American” image in its marketing, merchandise, décor, and in the attire of its employees.
• "SEXCOUPLETS" - (View PDF) - by Bruce Campbell
  Two things converged to suggest the style of this article. First, a respected colleague described my writing — I think, meaning to compliment me — saying I “have a talent for stringing words together to make a simple idea complicated.”
• Sharpen Your Listening Skills to Detect Fraud - (View PDF) - by Frank A. Wisehart
  We frequently forget the lessons learned as a child. If we want a cookie from the counter, sliding a chair across the kitchen fl oor is not the best method for concealing our actions.
• The Importance of (Being) Google - (View PDF) - by Ken Matejka
  Search engine optimization for the solo practitioner and small law firms.
• Trial by Jury - by Google - (View PDF) - by Jack D'Aurora
  We have entered the age of Google mistrials, where jurors disregard court admonitions and use the internet and social media to investigate and communicate about cases, and courts have to consider whether mistrials should be declared.
• Was He Guilty? An Epic Trial - (View PDF) - by Lloyd E. Fisher, Jr.
  Even this old “anti-techie” couldn’t resist Googling my name on the computer. And the result was a reminder that an unrelated “Lloyd Fisher” was a lawyer-participant in one of the most dramatic trials of the 20th century.
• When Parents Have to "Send Their Kids Away" - (View PDF) - by Bradley P. Koffel
  When parents feel they have lost the ability to control their teen, they will hire an educational consultant (“ed consultant”).
• When Will Ohio Law Recognize the Modern Family? - (View PDF) - by Paige E. Kohn
  The most striking concern missing from an emotional custody dispute between a same-sex couple that recently reached the state’s high court is Lucy.

Winter 2012

• Columbus Bar Lawyers Quarterly - (View PDF)
  Complete publication for Fall 2011.
• Avoid Expensive Trips Down the Rabbit Hole - (View PDF) - by Russ Dempsey and Leah Sellers
  Legal Process Management or LPM is a tool to make delivery of legal services more efficient and goal-oriented and avoid trips down the rabbit hole of endless litigation and unplanned legal expenses.
• Bizzaro Barristers - (View PDF) - by Bruce A. Campbell
  It is that time again – a time to dip a ladle into the old ethics crockpot for chunks of weird and wacky lawyer misbehavior. The recent batch does not disappoint.
• Civil Jury Trials - (View PDF) - by Monica L. Waller
  Franklin County Common Pleas Court.
• Credit Cards and Richard Cordray - What's Next? - (View PDF) - by Helen Mac Murray
  With the recession and/or its aftermath lingering for far longer than anyone hoped, consumers are growing increasingly more frustrated with the perceived lack of action and results by state and federal government to ease financial concerns.
• Cyber Bullying at Work - (View PDF) - by John M. Gonzales
  Cyber bullying is a relatively new topic, following the rapid increase in cell phone and internet usage.
• Demonstrative Training – Trial Skills Institute - (View PDF) - by Janice Pierce Tucker
  The Columbus Bar and the Central Ohio Association for Justice (COAJ) joined together for the second time to demonstrate trial skills to practitioners through the presentation of a mock trial.
• Don Ruben, Esq. - (View PDF) - by Maggie Newkirk
  One night in the early 1970s, a young Columbus lawyer named Bruce Campbell happened in on a get-together at a neighbor’s East Broad Street apartment across the park.
• Driving Disabled - (View PDF) - by Robert C. Buchbinder and Christina L. Corl
  The U.S. Equal Employment Opportunity Commission has been actively pursuing transportation companies when the employer attempts to permanently sideline or disqualify a driver with a potentially serious and dangerous disability...
• Give Us a Piece of Your Mind - (View PDF) - by Jill Snitcher McQuain
  You may recall recently receiving an e-mail about a survey being conducted by the Columbus Bar. It’s one we try to do annually, with some modest changes depending on the “issue of the day.”
• H. Alfred Glascor (1914-2011) - (View PDF) - by E. Scott Shaw
  Judge Glascor served on the bench of the Franklin County Municipal Court (1976-1990).
• Happiness is Healthiness - (View PDF) - by Robert Bailor
  In this third article (series of four) we continue our look at the mnemonic “sobriety” as a guide to happiness. So far, we have the “S” standing for serenity.
• Have An Opinion? - (View PDF) - by A. Alysha Clous
  Opinions are wonderful. But when they arrive on Supreme Court of Ohio letterhead, they are really something special.
• Have You Heard of Linkrot? - (View PDF) - by Ken Kozlowski
  When a URL is cited to, and becomes incapable of being accessed at a later date, it has been termed "linkrot."
• Heads I Win, Tails You Lose - (View PDF) - by Drew H. Campbell
  Class certification typically turns on an analysis of the familiar elements of Federal Rule 23(a) and (b).
• I Resolve… - (View PDF) - by David S. Bloomfield, Jr.
  I’m sure many of you are like me; I’m horrible at keeping New Year’s resolutions. For example, it’s not that I don’t want to lose a little weight; it’s just that I never seem to be able to stick to a diet.
• Law Schools: The Next Half-Truth - (View PDF) - by Jason M. Dolin
  Our justice system has rightfully enshrined “the truth, the whole truth, and nothing but the truth” as the standard for witness veracity. Truth is the currency of our legal system, not the half-truth, not the partial truth.
• Medicaid for the Aged, Blind and Disabled in Ohio - (View PDF) - by Douglas L. Rogers
  Imagine you have been unemployed for two years; you are diagnosed with Chronic Active Hepatitis, Thrombocytopenia and depression; your health is deteriorating...
• News from Nameless - Could the Columbus Bar Have an Altar Ego? - (View PDF) - by Lloyd E. Fisher, Jr.
  Dear Cousin Bud: Enjoyed our time together during the Christmas holidays.
• Normandy - (View PDF) - by The Honorable David E. Cain
  After 67 years and millions of visitors, the beaches of Normandy are still ghastly and gripping.
• Owners v. Athletes - (View PDF) - by Justin R. Hunt
  Over the past two years, professional sports have been marred by images of chains prohibiting player access to an organization's training facility, editorials expressing dissatisfaction with the revenue split between professional athletes...
• Silencing Departing Lawyers - (View PDF) - by Alvin Mathews
  How corporate legal departments avoid restrictive covenants when hiring lawyers.
• Something Truly Amazing - (View PDF) - by Chrissie Landolfi
  What would make an attorney who has not yet reached the age of 60 retire from a thriving practice as a litigation partner in Columbus’s oldest law firm to take the helm of an urban high school?
• The Rise of Female Leadership in Columbus Firms - (View PDF) - by Heather G. Sowald
  My mother, Beatrice, graduated from The Ohio State University School of Law in 1966 at the top of her class. Not a single law fi rm in Columbus would interview her because of her gender. She ultimately was hired by the Legal Aid Society of Columbus.
• Trial By Jury - Expeditiously - (View PDF) - by Jack D'Aurora
  Here’s the scenario most of us dread: you’ve taken a case that concerns a relatively modest amount of money, you don’t want to invest a lot of time in trial, and, despite your best efforts, the case won’t settle.
• What Did You Do During the War on Terror? - (View PDF) - by Ronald A. Fresco
  All of us have had that day indelibly marked in our minds and hearts and I am sure we can all point to where we were when we heard the news.