March/April 2016

THE OHIO STATE BAR ASSOCIATION MEMBER MAGAZINE

March/April 2016

VOL 3 0 , NO. 2 w w w.ohiobar.org

2016 ALL-OHIO LEGAL

FORUM SPECIAL EDITION

New rules for a better federal court

Who knew? Ohio lawyers who double as musicians

How one community fought for justice and won

rivacy breach Inattention to detail Failure to appear Poor results Client dissatisfaction Second-guessing Settle and sue Frivolous claims Fee dis ed-malpractice claims Malpractice claims Client complaints Grievances Disciplinary complaints Missed deadlines Non-client claims Negligent a fiduciary duty Potential claims Poor advice No knowledge of the law Incorrect application of the law Cyber breach Damages Libel Slander Def ght or trademark infringement Invasion of privacy Piracy or misappropriation of an idea Support Staff Errors Subpoenas Advertising plaints Claims filed in other states Lost/stolen client data Cyber extortion Cyber terrorism Damage to reputation Miscalc s to communicate Poor case selection Wrong advice Conflicts of interest Privacy breach Inattention to detail Fai oor results Client dissatisfaction Second-guessing Settle and sue Frivolous claims Fee dispute-turned-malp upport Staff Errors Subpoenas Advertising Errors Pro se complaints Claims filed in other states Poor clie ost client file Failure to supervise Lost/stolen client data Cyber extortion Cyber terrorism Negligent a fiduciary duty Potential claims Poor advice No knowledge of the law Incorrect application of the law ach Damages Libel Slander Defamation Copyright or trademark infringement Invasion of privac Se essing Settle and sue Frivolous claims Fee dispute-turned-malpractice claims Malpractice claims C nts Grievances Disciplinary complaints Missed deadlines Support Staff Errors Subpoenas Advertisin omplaints Claims filed in other states Poor client selection Lost client file Failure to supervise Lost/stol ber extortion Cyber terrorism of the law Incorrect app aw Cyber breach Dama Defamation Copyrigh infringement Failure e Poor case selec dvice Conflicts acy breach Inattention to detail ailure to appear Poor results Client d You may not cond-guessing Settle and sue Frivolous claims Client comp notice our work, Disciplinary complaints Missed deadlines Non-client acts Breaches of fiduciary duty Potential cla but we’re there vice No knowledge of the law Incorrect applic law Cyber breach Damages Libel Slanprotecting your mation Copyright or trademark infringement Invasion of privacy Piracy or misappropriation of reputation and idea Support Staff Errors Subpoenas Advertising Erpractice because Claims filed rors Pro se complaints in other states Lost/stolen client data Cyber extortion Cyber terrorism your reputation Potential claims Poor advice No knowledge of the law Incorrect application matters. Trust of the law Cyber breach Damages OBLIC, Ohio’s Libel Slandered deadpremier provider ent claims lines Non-cliNegligent acts Breaches of fiof professional duciary duty Potential claims Poor No knowledge of the tio liability insurance law Incorrect applicaber breach Damagesport Staff Errors Subpoenas Advertising Errors P aims filed in other states Poor client selection Lost in Ohio since 1979. client file Failure to supervise Lost/stolen client data Cyb er terrorism Damage to reputation Miscalculations Failures to communicate Poor case selection Wrong ad interest Privacy breach Inattention to detail Failure to appear Poor results Client dissatisfaction Second-gue e Frivolous claims Fee dispute-turned-malpractice claims Malpractice claims Client complaints Grievances mplaints Missed deadlines Non-client claims Negligent acts Breaches of fiduciary duty Potential claims Po owledge of the law Incorrect application of the law Cyber breach Damages Libel Slander Defamation Copy ark infringement Invasion of privacy Piracy or misappropriation of an idea Support Staff Errors Su ng Errors Pro se complaints Claim other states Lost/stolen clien tion Cyber terrorism Damag ation Frivolous claims Fee To learn more visit: Owned and endorsed d-malpractice claims Supp by the Ohio State Bar Association ubpoenas Advertising Erro www.oblic.com nts Claims filed in other sta t selection Lost client file Fa #ReputationMatters e Lost/stolen client data C ber terrorism Negligent acts Breaches of fiduciary duty Potential claims Poor advice No knowledge of the law Incorrect application of the law C mages Libel Slander Defamation Copyright or trademark infringement Invasion of privac Second-guessing Settle and sue Frivolous claims Fee d-malpractice claims Malpractice claims Client complaints Grievances Disciplinary complaints Missed deadlines reaches of fiduciary duty Pote advice No knowledge of the law Incorrect application of the law Cyber breach Damages Libel Slander Defamation Copyright or trademark infr www.ohiobar.org on of privacy Piracy or misappropriation of an idea Support Staff Errors Support Staff Errors Subpoenas Advertising Errors Pro se complaints C

Protecting Ohio lawyer reputations from more threats than they know

OhioLawyer Features

6|

10 |

Let the people ride

by Ellis Jacobs A lead attorney in the case recounts the story of the hard-earned victory of Dayton-area citizens who were able to reverse a discriminatory decision regarding bus routes in Beavercreek.

Vol. 30 No. 2 Departments 3 | President’s Perspective Are you a successful lawyer? Let these four tips guide you 4 | Member News Awards and community involvement of OSBA members

Changes in federal civil rules: A new culture for a better federal court system

22 | Practice Tips Five tips to help you launch social media

Introduction by Robert Steinberg Article by Hon. Jack Zouhary For the first time in decades, changes in federal civil rules hasten the resolution of civil disputes and reverse the downward trend in the affordability of the civil justice system.

24 | Inside OSBA Q&A’s from each of the OSBA’s 2016 presidentelect candidates 26 | Foundation News Strong board will lead the Ohio State Bar Foundation to a successful 2016

16 |

Member musicians connect through music

by Tori Metzger OSBA members find work/life balance in their musical talents.

28 | Books & Bytes Author and lawyer Steve Berry to present at OSBA CLE Legal Writing and Constitutional Curiosities 29 | Statehouse Connection Lawyer-Legislator Award 2016

Special Feature 30 |

All-Ohio Legal Forum Preview Guide Formerly known as the OSBA Convention and Annual Meeting, the new All-Ohio Legal Forum takes over Cincinnati. Discover what's new for the All-Ohio Legal Forum – CLE highlights, Young Lawyer Day, networking events, OSBA Symposium and OSBA elections.

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OhioLawyer Ohio Lawyer is published bimonthly by the Ohio State Bar Association.

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President: John D. Holschuh Jr., Cincinnati President-elect: Ronald S. Kopp, Akron

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Letter to the Editor Dear Editor, On a snowy, cold, icy day in North Carolina, when we even had to close the office, I had time to read my most recent edition of the Ohio Lawyer. Congratulations on a wonderful publication. I enjoyed the articles and learned so much, from the president's page through the member benefit ads.

The articles were so well written and informative—from drones to fantasy sports—very well done. I know there are authors and other editors, so please share this compliment.

Surely yours is one of the best bar magazines in the nation (and I get all of them). Very, very well done. Congratulations.

Allan Head, Executive Director, North Carolina Bar Association

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OSBA members are encouraged to submit manuscripts to the editor for possible publication in Ohio Lawyer. Articles submitted should not exceed 10 typewritten, double-spaced pages.

Manuscripts are not purchased, and those submitted become the property of the Ohio State Bar Association. Editorial policies can be obtained by calling (800) 282-6556 or (614) 487-2050 or visiting www.ohiobar.org/editorial policy.

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March/April 2016

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President’s Perspective Are you a successful lawyer?

Let these four tips guide you.

What does it mean to be a “successful lawyer”? Is it the lawyer who makes the most money? Is it the lawyer who works long hours and bills the most? Or is it the lawyer who wins most of his/her cases by doing whatever it takes to win?

I submit the answer to all three questions is NO! For example, a lawyer in Cincinnati was exceedingly successful as far as how much money he made, probably more than any other lawyer in the area, yet he was recently disbarred in Kentucky and was facing disbarment in Ohio when he resigned his license.

Another lawyer I know worked and billed unbelievable hours, but is now divorced, alienated from his children and has few friends left. I know another lawyer who tries and wins most of his cases, yet is known as a lawyer who cannot be trusted in what he says or promises. I doubt few, if any, would call these lawyers “successful.”

The law is a profession based on relationships—relationships with other lawyers who may refer cases to you, relationships with opposing counsel during adversarial proceedings, relationships with members of the judiciary who handle cases and rule on dispositive motions and may decide your case, and of course the most important relationships of all—with yourself, your spouse and your family.

A lawyer who has strong positive relationships and creates a reputation as a trustworthy and reputable lawyer is a successful lawyer.

So how do we become successful?

Here are some traits that have guided me through my career.

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Protect your reputation

Nothing is more important in the legal profession than your reputation.

Nothing. As my dad preached to me, this is simple if you always remember to “just do the right thing.” Begin by treating your clients with respect and dignity. Treat them like they are the only clients you have, and keep them advised on every development in the case. Return every phone call and email every day, and remember, it is their case, not yours. Don’t forget that there is no better source of future referrals than a happy and satisfied client.

Treat your opposing counsel with respect and dignity, even if he/ she does not afford you the same courtesy. Remember that old saying, “what goes around, comes around.”

If you play hardball and do not work with your opposing counsel, then be prepared for the same treatment the next time you need a favor. We all make mistakes, and when you need help from your opposition, you’re more likely to receive it if you’ve been upfront and honest with him/her.

For example, if your opposing counsel misses a deadline or needs an extension, work with that person. You will not regret it. And perhaps most importantly, if you made a mistake, admit it, and do your best to correct it.

Do not blame others or make excuses.

Your word is your bond. If you make a representation, make sure it is a truthful one. If you make a promise, make sure you stick by it. I recall a time when as a young lawyer I was trying a case and the opposing counsel made a false statement to the court.

I called him out on it, and he was admonished by the court. From that

point on, I never trusted or respected that lawyer, nor did the court. It only takes one lie or misrepresentation to ruin your reputation.

Balance your work, personal and family life

I know this is easier said than done! At times, your work will demand most of your attention.

Yes, “the law is a jealous mistress,” and it clearly takes compassion and understanding on both sides.

Achieving balance is not easy. When I leave the office, I do my best to leave my work there and not take it home with me. When our kids were young, I tried to attend every ball game or activity in which they participated.

With technology, it is easier to communicate outside the office, which can provide more time at home with your significant other and family.

Also, enjoy what you do! If you are not having fun or are feeling satisfied with what you are doing, then do something else. It may take a bold move to change jobs, or even professions, but if you’re not enjoying work, you and everyone around you will be miserable.

Get involved in activities outside your daily practice Make time for yourself!

This will help you balance your professional life and help keep priorities in perspective. Yes, there is a world out there other than the practice of law. Whether you enjoy going to church, coaching your kids, continued on page 3

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Member News President’s Perspective

Akron

In Memoriam

continued from page 3

Karen Adinolfi, Roetzel & Andress LPA, was elected to Chair the Board of Trustees of the Akron Blind Center.

2015

Bowling Green

Ralph L. Oates 77 Kent Oct. 3, 2015

participating in civic activities, or even, yes, bar association work, do something you enjoy. Not only is this good for your mental health, but also it allows you to get away from your practice such that when you return, you are ready to tackle a new day.

Magistrate Pamela A. Kaufman Heringhaus, Wood County Common Pleas Court, was elected president of the Ohio Association of Magistrates.

Cleveland Patricia A. Shlonsky, Ulmer & Berne LLP, was named a 2016 Client Choice award recipient.

Findlay Elizabeth A. Behrendt, Oxley, Malone, Hollister, Warren & Spaeth, received the 12th Annual Jackson E. Betts Professionalism Award at the Findlay-Hancock County Bar Association’s annual meeting.

Thomas I. Webb, Jr. 66 Toledo April 22, 2015

William T. Monroe 89 Cleveland Nov. 23, 2015 Judge John E. Corrigan 79 Avon Nov. 28, 2015 Christy B. Bishop 55 Akron Dec. 2, 2015 Gale Rexford King, III 74 Columbus Dec. 9, 2015 William A. Krebs 65 Dayton Dec. 31, 2015

2016

Joseph J. Corso, Sr. 81 Rocky River Jan. 23, 2016 Sam D. Bartlo 96 Lutz, Fla. Jan. 31, 2016 William B. Gore 77 Akron Feb. 1, 2016

OSBA Member News in Ohio Lawyer magazine is limited to awards and civic duties. The news listed above is edited from press releases that are sent to the OSBA. Other submitted member news, such as promotions and new positions, is featured on the OSBA website.

I have found it rewarding to be involved in Bar work. I love the people I work with and the challenges and tremendous opportunities to help others. Most importantly, I have found it both professionally and personally rewarding and have never regretted one minute of my time spent on Bar matters. Get involved!

Be proud—advocate for our profession

We are all truly fortunate to be members of the greatest profession in this country. We advocate for the rights of others; we make true differences not only in the lives of others, but also in the country as a whole. We are the protectors of life, liberty and justice. Without us, there would be chaos and ruin.

I have felt no greater honor than representing someone in a court of law where I can advocate for my client and hopefully make a significant change for the better. We can and do make differences in individual lives and in society as a whole, so be proud to be a lawyer. Advocate for our great profession, and strive to achieve the success of being a lawyer with an excellent reputation for integrity and honesty.

John D. Holschuh Jr. is the president of the Ohio State Bar Association.

To keep up to date with the most recent member news, visit ohiobar.org/membernews.

To submit an announcement for consideration in Member News, please email it to the editor at membernews@ohiobar.org.

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Is your case good law?

Don’t pay to find out.

Membership in the OSBA now includes free access to CaseCheck+, Casemaker’s negative citator system that rivals Shepard’s® and KeyCite®.

Previously available only by subscription, CaseCheck+ allows you to quickly determine if your case is good law.

Not a member? What are you waiting for?

Access to CaseCheck+ alone pays for your membership dues.

TITLE

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March/April 2016

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TITLE A lead attorney in the case recounts the story of the hard-earned victory of Dayton-area citizens who were able to reverse a discriminatory decision regarding bus routes in Beavercreek.

The singing began when the bus left the stop at Wright State University in Fairborn and continued until the bus came to rest at the next stop a mile and a half away near the Fairfield Commons Mall in Beavercreek. It was 6 a.m. on Sunday, Jan. 12, 2014. There was snow on the ground and the sun wasn’t up yet.

Most of the 40 people on that bus were there to celebrate a hard-earned victory. But the first person on the bus that morning was a young man who had boarded the bus in Dayton to get to his job at Walmart near the mall in Beavercreek. He was just glad that he no longer had to get off the bus in Fairborn and make the dangerous walk from Fairborn to Beavercreek along the narrow, gravelstrewn, shoulder of the dark, long overpass over I-675 to get to work.

This story begins four years earlier, when the greater Dayton Regional Transit Authority (RTA) asked the city of Beavercreek for permission to extend an existing bus line that began in the city of Dayton and ended at Wright State University in Fairborn, where it turned around to return to Dayton.

The RTA wanted the bus to cross I-675 and stop in Beavercreek near a mall, a community college, and a new regional hospital before looping back to the city of Dayton.

Beavercreek is a predominantly white, fast-growing suburban city perched on the eastern edge of Dayton.

The area around the Beavercreek Mall is one of high job growth, and study after study has pointed to the

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need for public transit to the area.

Dayton’s population is 43 percent African-American with 35 percent of its residents living in poverty.

A former industrial city, it was hit hard when the auto industry moved out, leaving it smaller and poorer than it was several decades ago.

The relationship between these two cities is much like other city/ suburb relationships throughout Ohio. Years ago, when AfricanAmericans were moving from the south to northern industrial cities like Dayton, they were met by restrictive covenants and redlining maps that allowed them to live only in certain neighborhoods. In the 1960s and 1970s, when segregation was being dismantled, many whites abandoned the cities and moved to the suburbs.

Expansion of the highways and ring roads like I-675, which separates Fairborn from Beavercreek, helped move this along. Developers discovered just how profitable corn fields could be. Factories closed. The suburbs thrived; the cities did not. The result we see today is a substantial disconnect between where many people, particularly African-Americans, live and where opportunities thrive.

In March 2010, the RTA and Beavercreek began to discuss extending the bus route. Beavercreek has an ordinance that covers bus stops and requires them to meet certain “design criteria” with the city council ultimately having the final say. In the backand-forth between the RTA and the Beavercreek director of public works, the RTA’s plan was changed from

six stops to three, and in November 2010 the RTA satisfied all of the design criteria and the application was ready for a vote in the city council.

What started as an administrative process designed to ensure functional and aesthetic compatibility then became a political process with troubling racial overtones.

After some council members initially expressed support for the bus stops, they all began to receive emails from Beavercreek residents expressing opposition to the application. Some of the emails insisted that RTA bus service would bring crime from the city of Dayton. Others warned that, “…we cannot allow West Dayton to strong arm its way into Beavercreek.”

West Dayton is the predominantly African-American part of Dayton.

At the meetings leading up to the vote, council members began to voice concerns about increased crime and highlight citizen opposition to the stops.

Several days before their vote, the council produced a list of 11 additional requirements for the RTA. Some went far beyond or contradicted the design criteria outright. For example, Beavercreek wanted RTA to provide heated and air-conditioned bus shelters, video surveillance of the bus shelters and an 18” thick concrete pad at each stop, when its guidelines called for 10.”

The RTA director objected and pointed out that the only heated and air-conditioned bus shelters he had ever heard of were in Dubai and that

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18 inch concrete pads were only needed if you were landing large airplanes.

When the city council voted 6-0 to reject the RTA’s application in March 2011, much of the larger community was shocked and disappointed.

The Dayton Daily News, which had extensively covered the issue, wrote an editorial entitled, “B-creek vote against RTA embarrassing.” The editorial ended with these words, “...many recognize the objections council gave as a ruse for some people’s prejudices.”

That’s when the Leaders for Equality and Action in Dayton (LEAD) came to Advocates for Basic Legally Equality to see if we could help. LEAD is a church-based social action group that works to solve local problems. It was at the forefront of those encouraging the RTA to expand bus service to areas of high job growth like Beavercreek.

My co-counsel Stan Hirtle and I saw the significance of the problem and thought it was important to represent a community group that was actively working to address such a critical issue, particularly if we could do it in a way that would empower that

group and expand its capability to address other issues in the future.

We agreed to investigate and discovered that over the years Beavercreek had received tens of millions of dollars of federal highway money to build and improve streets.

In fact, at that time it had 14 projects scheduled to receive $10 million in federal funds. Indeed, the bridge over I-675, which the RTA bus would pass while driving from its existing stops to the proposed new stops in Beavercreek, was going to be widened using almost $1 million in federal money.

Title VI of the Civil Rights Act of 1964 prohibits recipients of federal funding from excluding persons from participating in programs or denying persons the benefit of programs on the

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basis of race.1 Recipients are precluded from using criteria or methods in administrating programs that have the effect of subjecting persons to discrimination on the grounds of race.2

Initially, the DOT sent the complaint to the Federal Transit Authority, which has jurisdiction over public transit systems. It took a while for us to convince the DOT that, no, in this instance the mass transit

Title VI of the Civil Rights Act of 1964

prohibits recipients of federal funding from excluding persons from participating in

programs or denying persons the benefit of programs on the basis of race.

It was clear that not allowing bus stops in Beavercreek would have a disproportionate impact on AfricanAmericans. Seventy-three percent of RTA riders are minority while only 27 percent are white. Nearly 12 percent of African-Americans in Dayton ride the bus to work, compared to 3.7 percent of whites. Dayton is 43 percent African-American, while Beavercreek is less than 3 percent.

For many years private federal litigation seeking to enforce Title VI was an important tool for fighting public discrimination. That ended with Alexander v. Sandoval in 2001, which found no private right of action to enforce the disparate impact regulations of Title VI.3 Despite the circumstances surrounding the Beavercreek decision, we knew that it would be difficult to prove that a public body intended to discriminate.

So we began to consider filing an administrative complaint with the Federal Highway Administration

(FHWA) focusing on the disparate impact of the city’s decision and decision-making process.

We filed that complaint with the FHWA and the U.S. Department of Transportation (DOT) in August 2011.4

system was the good guy. It was the City of Beavercreek that was taking federal highway money and then making decisions about how its streets could be used that had the effect of discriminating. This was relatively new territory for the Federal Highway Administration, but they ultimately assigned an excellent investigator to the complaint.

LEAD continued to protest, petition and speak out about the need for bus service in Beavercreek while the investigation proceeded.

That investigation moved slowly, but it did move. In April 2012 the FHWA sent a team to the area to meet with Beavercreek and RTA officials. They rode the bus and took the treacherous walk from the Wright State bus stop across the bridge into Beavercreek.

They also held a meeting open to the community. Two hundred people packed the College Hill Community Church for that meeting.

There were job seekers and job counselors, community members and community leaders who told the federal investigators how inaccessible Beavercreek was to people who didn’t own cars and the importance of

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bus transportation to the places where jobs are now located.

Time passed and there was no decision. LEAD continued to speak out about the issue, but after a year of waiting, community members became concerned and planned a large march across the bridge from Wright State to Beavercreek. The Beavercreek police chief initially insisted on an exorbitant bond to grant a permit for the march.

He relented when reminded about the First Amendment implications of such a demand.

On April 29, 2013, hundreds of people marched the 1.5 miles across the overpass, getting a visceral feel for what bus riders who had jobs at the mall had to experience every day.

In June the Federal Highway administration issued its decision, finding that Beavercreek was in violation of Title VI.5 It was the first time the Federal Highway Administration had ever found a city in violation of Title VI based on a citizen complaint. The decision attracted attention around the country and was viewed as potentially

revitalizing an important tool against discrimination that had been dormant for a number of years.

While the victory of the bus stops doesn’t end the economic isolation of urban communities, it is one small step in the right direction. In some ways the bigger victory was the way this small triumph was greeted in the community. It was seen as an example of what citizens could accomplish if they organized themselves, stayed focused and fought hard to achieve justice. As Gladys Turner Finney, one of the riders on that first bus trip said, “It brings hope. It brings hope that if we work together, other things can change as well.”

The FHWA’s lengthy and tightly reasoned decision found that AfricanAmericans disproportionately rely on RTA transit service compared to whites, and that as a result they would be disproportionately affected by the city’s denial of the RTA’s application to install the bus stops.

The decision looked at whether the city stated a substantial legitimate justification for the denial, examining carefully each of the reasons given for the denial. It found that none of them were necessary for the city to meet a legitimate, important goal that was integral to the city’s mission.

Author bio

Ellis Jacobs is an attorney at Advocates for Basic Legal Equality, Inc., in Dayton.

The FHWA gave the city 90 days to comply. If it failed to do so, the FHWA could use its authority under Title VI to suspend or terminate federal highway assistance to the city.

Endnotes

42 USC Sec. 2000d; 49 CFR 21.5(a).

49 CFR 21.5(b)(2).

3 532 US 275 (2001).

4 http://goo.gl/jq9ybr 5 http://goo.gl/dBZjUR 1 2

After some discussion, Beavercreek decided to comply in November 2013, leading to the first bus ride to Beavercreek that cold early morning in January, almost four years after the stops were first proposed.

RSVP to the OSBA Symposium to learn more.

Join us at the All-Ohio Legal Forum (formerly known as the OSBA Annual Meeting and Convention) April 27-29, where we will discuss this topic and others at the “Symposium on Race and Its Effect on Law.” Starting with a simple story of how a few attorneys worked to reverse a discriminatory decision by a local government, this symposium explores how racism can influence decision-making in the legal profession, the judicial system and with respect to executive actions. The OSBA convenes attorneys, corporate industry leaders, members of the judiciary, law enforcement personnel and law students to discuss and find solutions to address the following topics:

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• Exploring confirmation bias in racialized perceptions of legal writing and lawyering skills; • Uncovering and eliminating implicit bias in the court system; and • The influence of racism in the execution of the law: What to do when law enforcement training and equal treatment by governments break down.

Visit ohiobar.org/forum for more information or to register.

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CHANGES IN FEDERAL CIVIL RULES A new culture for a better federal court system For the first time in decades, changes in federal civil rules hasten the resolution of civil disputes and reverse the downward trend in the affordability of the civil justice system.

Introduction by Robert Steinberg Article by Hon. Jack Zouhary

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TITLE Introduction

Dec. 1, 2015, marked the launch of the most significant changes in the federal civil rules in decades. The new rules narrow the scope of discovery, shorten deadlines, emphasize proportionality, and encourage increased judicial involvement in managing cases. U.S. District Judge Jack Zouhary, a member of the Judicial Conference Committee on Rules of Practice and Procedure charged with the oversight of the rules amendments, gives his personal view, and not that of the Committee, of the effect the new rules will have on federal litigation practice.

The origin of the rules changes may be traced to the 2008 Joint Task Force on Discovery manned by the American College of Trial Lawyers and the Institute for the Advancement of the American Legal System. Their report evinced a concern by many that the increasing expense and burden of discovery were having substantial adverse effects on the the civil justice system and were jeopardizing the goal of the federal rules: a “ just, speedy, and inexpensive determination of every case.” Their final report in 2009 led to the 2010 Duke Conference discussed by Judge Zouhary.

What’s all the fuss about?

What’s the purpose behind these new rules? Will they make a real difference?

These are all good questions. To understand the answers, we need to understand the framework for how these recent amendments—known as the “Civil Rules Package” in 2010—were formed. Chief Justice John Roberts made the new rules a centerpiece of his 2015 Year-End Report on the Federal Judiciary.

He traced the process for changes to the federal rules which, in the past, he described as “modest and technical, even persnickety,” but then contrasted the Civil Rules Package as “different—the product of five years of intense study, debate and drafting to address the most serious impediments to a just, speedy, and efficient resolution of civil disputes.”

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What is the process for passing new rules?

The Rules Enabling Act, 28 U.S.C. §§ 2071 et seq., empowers federal courts to prescribe rules. The Judicial Conference is authorized by Congress with overall responsibility to “carry on a continuous study of the operation and effect” of rules governing our practice and procedure.1 This work is done through the leadership of the Committee on Rules of Practice and Procedure (“Standing Committee”), which in turn works closely with several advisory committees that focus on the specialties of appellate, bankruptcy, civil procedure, criminal procedure, and rules of evidence.

The starting point for the Civil Rules Package is the 2010 Conference on Civil Litigation held by the Civil Rules Advisory Committee (“Rules Committee”) at the Duke University School of Law and which has since come to be known as the “Duke Conference.” That conference was a response to concerns about the cost of civil litigation, especially discovery and, in particular, e-discovery. Invited participants included lawyers from across the professional spectrum: federal judges, law professors, corporate counsel, government lawyers, plaintiff lawyers, defense lawyers, public interest groups, and state court judges. Surveys and studies were presented and shared at the conference, which included panel discussions and audience participation. The conversation was “robust,” and a consensus was reached that cases in the federal court system are too costly, take too long, with needless gamesmanship, resulting in diminished access and dissatisfaction by both lawyers and clients.

what changes, if any, should be proposed. Changes were presented for public comment. Public hearings were held in 2013–14 with some 120 witnesses testifying at sessions held in Phoenix, Dallas, and Washington D.C. The Rules Committee reviewed more than 2,000 written comments from individuals and groups. Revised proposals, approved by the Standing Committee, were then submitted to the Judicial Conference, which approved the changes in November 2014.

The U.S. Supreme Court adopted the proposed amendments in April 2015, and these amendments were forwarded to Congress, which took no action, thus allowing the amended rules to become effective in December 2015.2

The new rules

The new rules focus on: •

Improved case management;

•

Proportionality;

•

Cooperation in discovery; and

•

Preservation of e-discovery (spoliation).

The goal of these changes is to reduce the cost and delay in civil litigation, by reining in discovery to make it more proportional and by changing the culture to be more cooperative.

Accomplishing these goals will require judges, with the help of their staff, to be active case managers and lawyers to recognize that getting along with each other will help advance their cases without damaging their ability to advocate for their respective clients.

The Rules Committee, armed with this information, began a painstaking process of examining the rules to determine

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Rule one: Be cooperative

The changes start with aspirational Rule One, which encourages the “just, speedy, and inexpensive determination of every action and proceeding.” The amendment requires both “court and the parties to secure” these goals. In other words, the rule emphasizes a culture of cooperation and discourages “abuse of procedural tools that increase cost and result in delay.” It is not acceptable for lawyers to manipulate the system to catch the opposing side in a “gotcha” that does nothing to advance the outcome of the case on the merits. Simply put, counsel should be extending basic courtesies to each other that need not tie up the time of the court. After all, lawyers are officers of the court and owe duties to the judicial system itself.

Reduce delay

The rules also place on the judiciary responsibility to manage cases early and actively. To reduce delay at the beginning of a case, the time for domestic service of a Complaint upon the defendant is reduced from 120 to 90 days. To encourage more direct discussions between parties, counsel, and the court, scheduling conferences are encouraged to be held in person but, if more practical, by phone or video. The rules also require the judge to issue a Scheduling Order no later than 90 days after the defendants have been served.

These reduced time guidelines remain generous. In many cases, service can be accomplished in 30 days and a Scheduling Order can be issued soon after. Some courts have initiated a practice of “kicking off” a case with a phone conference with counsel prior to the Case Management Conference (CMC) to discuss case specifics and an agenda for the CMC. Such a practice fits nicely into the theme of these new rules, which is “one size does not fit all.” Each case is different and the case management for

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handling that case needs to recognize those differences. Counsel should be familiar with the case early and be prepared to familiarize the judge with the “rest of the story” that the Complaint and Answer do not tell.

Make a good-faith attempt at resolution

Another change has to do with discovery disputes. The rules outline a practice that is already in use in many courts around the country: Counsel must make a goodfaith attempt at resolving the dispute and, if not successful, then and only then is the matter submitted to the court informally by e-mail setting forth their respective positions. A discussion follows with the judge in the next day or two, and a short docket entry summarizing the discussion can memorialize the ruling. Those courts that already follow this practice have found it is an efficient way to resolve most discovery disputes without delay and expense. Of course, more complicated or serious disputes can still be resolved by motion practice.

Preserve electronic information

Another critical area addressed by the rules is the preservation of electronic information. Changes to Rule 26 require parties to discuss disclosure, discovery, and preservation of electronically stored information (ESI).

Rule 37 recognizes the duty to preserve discoverable information, before suit is filed, and later with court guidance, if counsel cannot agree on preservation.

Information need not be admissible to be discoverable Hand-in-hand with changes in preservation is the refined scope of discovery in Rule 26. The scope of discovery is defined as “relevant” to a claim or defense and “proportional to the needs of the case,” replacing the phrase “reasonably calculated to lead . . .” as unnecessarily confusing. That old

phrase was not meant to define the scope of discovery, but many courts and counsel have incorrectly read it that way. It remains that information need not be admissible to be discoverable— but the key is balancing the information to the needs of the case.

What does “proportional” mean in practice?

It means counsel and the court weigh the following: •

Importance of the issues at stake;

•

Amount in controversy;

•

Each party’s access to relevant information;

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Each party’s resources;

•

Whether burden or expense outweighs the likely benefit; and

•

Importance of discovery in resolving issues.

There is no assigned weight to any of these factors and one is no more important than another. It will depend on the case. The factors weighed are meant to bring some common sense to litigation and avoid the “scorched earth” approach to discovery where, sometimes, discovery seems to be the end game instead of a trial.

And this theme of proportionality applies to both discovery requests and responses, as well as depositions.

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Boilerplate objections refusing discovery are no longer allowed.

Answer the question, identify documents produced or withheld, and be specific. Proportionality is now a constant guide as the case moves along, allowing for either more or less discovery, with the most critical depositions taking place first and then second-tier discovery as needed.

Staged (or tiered) discovery recognizes the need to prioritize the exchange of information with the need to minimize cost and reach the merits.

Understand search methods

ESI is another major area of change.

Search capability and cost-shifting have accompanied the growth of electronic discovery. The new rules endorse the use of computer-based search methods to address proportionality concerns in cases involving large volumes of ESI. This can often be accomplished by adopting a keyword search through selected custodians.

When do sanctions apply?

Related to ESI is the issue of spoliation. The new rules do not change the sanctions for lost tangible evidence, which continue to rest with the inherent power of the court.

This common law duty to preserve has been applied by the Sixth Circuit using a negligence standard, and trial courts may continue to evaluate whether tangible evidence was destroyed or lost and what the appropriate “punishment” should be.

More specific rules, however, now apply to ESI. If the lost ESI can be “restored or replaced through additional discovery,” then there is no punishment. Even where ESI is forever lost, Rule 37(e) precludes sanctions unless the court finds the party “failed to take reasonable steps to preserve.” Here again, proportionality is a factor in determining what is reasonable, including the party’s resources. For sanctions to apply, four findings are first needed:

Federal Rules at the Forum and at the Bench Bar Conference The Federal Courts and Practice Committee will present two seminars this year on the impact of the new Federal Rules: April 29, 8:15 a.m. at the All-Ohio Legal Forum in Cincinnati, and Oct. 27-28, 10:30 a.m., at the Federal Bench Bar Conference in Columbus.1 Our Committee website is also carrying an ongoing discussion of the rules changes. We invite you to attend these presentations and to visit our website at connect.ohiobar.org.

Visit ohiobar.org/forum to register for the OSBA All-Ohio Legal Forum.

•

ESI should have been preserved;

•

ESI is lost;

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Party failed to take reasonable steps to preserve; and

•

ESI cannot be restored or replaced.

If those factors are met, then there must also be a showing of “prejudice to another party . . .” and, even then, sanctions should be “no greater than necessary to cure the prejudice.”

Obviously, prejudice may turn on the importance of lost information. But even without prejudice, if a party can show that the lost information occurred “with the intent to deprive another party of the information’s use in the litigation” then sanctions might yet apply. In other words, regardless of prejudice, if there was an intentional, and not mere negligent, action resulting in the lost information, a court may—not must—impose sanctions. continued on page 14

Speakers:

Hon. Jeffrey Sutton, U.S. Court of Appeals for the Sixth Circuit and Chairman of the U.S. Judicial Conference Committee on Rules of Practice and Procedure Hon. Jack Zouhary, U.S. District Court for the Northern District of Ohio and Member of the U.S. Judicial Conference Committee on Rules of Practice and Procedure, Toledo Charles J. Faruki, Esq., Faruki, Ireland & Cox P.L.L., Dayton Robert Steinberg, Esq., Robert Steinberg, Attorney and Counsellor at Law, Cincinnati

Endnote

The Bench Bar Conference brings together district judges and magistrate judges in the Northern and Southern Districts of Ohio with Ohio attorneys interested in federal practice.

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continued from page 13

system that cannot be accessed by our citizens is, after all, a failed system.

What’s next?

The Rules Committee intends to study the effect of these new rules through pilot projects and other metrics that track the movement of cases and the effectiveness of active case management. The Federal Judicial Center recently completed a study of civil case disposition time in district courts, and is planning case management training for federal judges.

Depending on the culture of your legal community, the spirit of these rules may already be in practice. As an example, in employment cases, a large part of the federal court civil docket, some judges have been applying Initial Discovery Protocols. These protocols are designed to achieve more efficient and targeted discovery by setting parameters on document production.

These new rules should both hasten the resolution of civil disputes and decrease the cost of litigation. These goals are important, as there has been a clear downward trend in the affordability for many in our society to access the civil justice system. The hope is that these rules will reverse that trend. A court

So, are these new rules significant?

To quote Chief Justice John Roberts: The amendments may not look like a big deal at first glance, but they are. . . . [They] are a major stride toward a better federal court system. But they will achieve the goal of Rule One . . . only if the entire legal community, including the bench, bar, and legal academy, step up to the challenge of making real change. . . . It will also require a genuine commitment, by judges and lawyers alike, to ensure that our legal culture reflects the values we all ultimately share. . . . [W]e must engineer a change in our legal culture that places a premium on the public’s interest in speedy, fair and efficient justice.

And so the final question, which we will have to answer together, is: “Are we up to the challenge?”

Author bios

Bob Steinberg is Chair of the OSBA Federal Courts Practice Committee and a former federal magistrate judge and former federal prosecutor who has engaged in complex litigation throughout the country as a private practitioner for the last 18 years. He has conducted hundreds of professional mediations as a judge and as a private attorney and is frequently retained as an expert witness supporting or challenging attorney fee applications.

Hon. Jack Zouhary, is a judge out of the U.S. District Court for the Northern District of Ohio.

Endnotes

28 U.S.C. § 331. www.supremecourt.gov/orders/ courtorders/frcv15(update)_1823.pdf.

1 2

References American College of Trial Lawyers & Institute for the Advancement of the American Legal System, Reforming our civil justice system: A report on progress and promise (Apr. 2015).

Institute for the Advancement of the American Legal System, Change the Culture, Change the System: Top 10 Cultural Shifts Needed to Create the Courts of Tomorrow (Oct. 2015).

American College of Trial Lawyers, Code of Pretrial and Trial Conduct (2009).

Institute for the Advancement of the American Legal System & American College of Trial Lawyers, Working Smarter Not Harder: How Excellent Judges Manage Cases (Jan. 2014).

Electronic Discovery Institute, Federal Judges’ Guide to Discovery (2d Ed. 2015).

Fixing Discovery: “Are We There Yet?,” 99 Judicature 19–60 (2015).

Philip Favro, “The New ESI Sanctions Framework Under the Proposed Rule 37(e) Amendments,” 21 Richmond Journal of Law & Technology 8 (2015).

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Hon. Elizabeth Laporte & Jonathan Redgrave, “A Practical Guide to Achieving Proportionality Under New Federal Rule of Civil Procedure 26,” 9 Federal Courts Law Review 19 (2015).

Hon. Craig Shaffer, “The ‘Burdens’ of Applying Proportionality,” 16

Sedona Conference Journal 55 (2015).

Special Joint Issue on the New Amendments to the Federal Rules of Civil Procedure, 82 Defense Counsel Journal 365–520 (2015).

Donna Stienstra, Federal Judicial Center, A Study of Civil Case Disposition Time in U.S. District Courts (May 2015).

Hon. Jack Zouhary, “Ten Commandments for Effective Case Management,” 60 Federal Lawyer 38 (March 2013).

Hon. Jack Zouhary, “Civil Litigation is not an Oxymoron,” The Bencher (July/August 2010).

www.ohiobar.org

ME MB E R

MUSICIANS CON N ECT

THROUGH MUSIC

OSBA members FInd work/life balance in their musical talents.

BY TO R I M ETZG E R

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www.ohiobar.org

We all know lawyers can perform in the courtroom, but who knew they could perform on stage? Our members impress us day after day, and we want to showcase their talents. Lawyer musicians are not a rare species—naturally curious and eager to learn, many seek to use both sides of the brain: the analytical side (left), and the creative side (right).

From judges to law students, many of our members find happiness, liberation and stress relief through musical performance with instruments including the tuba, banjo, guitar, drums, cajón, and keyboard. We always hear about their practices, now let’s hear about their music.

John Hardisky

Candace Brown

Mark Kitrick

After receiving both his bachelors and masters degrees in music performance, John decided to become a lawyer. He is currently in his second year of law school at the University of Dayton. Before law school, John played tuba in the Air Force Band of Flight for 12 years while he was in the U.S. Air Force.

Candace has been a lawyer since 2006 and has been playing drums since she was a child. She began in fifth grade, continued through high school, and played for The Ohio State Marching Band in college. Because not many women played snare drum then, Candace considers herself a trailblazer for female drummers.

Mark has been a musician since he was young. His mother trained him in classical piano as a child, and he attended Cincinnati’s Archbishop Choir School for four years. Since then Mark has taught himself how to play guitar (acoustic, electric, jazz), banjo (frailing), bass, and blues harmonica.

When he’s not advocating for justice with the Ohio State Bar Foundation and the American Association for Justice, Mark is writing and producing his own music, doing album sessions in various studios and sitting in for different bands, including the Crazy Gringos and the Boatles. He has played music with professional musicians around the country, as well as with lawyers, doctors and teachers, and says it makes him appreciate what other musicians do as masters of both their instruments and full-time careers.

Music Master & 2L

Other musical endeavors include playing in the Dayton Philharmonic Orchestra and the Cincinnati Orchestra. He occasionally plays with Oakwood Brass—a quintet.

He is currently clerking for a family law firm in Dayton and teaching music at Cedarville University. “It keeps me connected to the music world,” John said.

Instrument:

Queen Mother Mars

Now Candace plays with her band Queen Mother Mars twice a month for open mic and scheduled gigs; instead of drums, Candace plays the cajón, a box percussion instrument primarily played in Latin American music.

Queen Mother Mars was born when Candace ran into a friend from high school who needed a drummer for his band.t

Instrument:

Tuba

Drums, cajón

Fun fact:

Fun fact:

John has played upwards of 5,000 performances and earned his masters degree while on active duty in the USAF.

Candace was in T.B.D.B.I.T.L.

Band MemberS:

Marcus Whiteamire, guitar, vocals

Music genre:

Area of practice:

Area of practice:

Chase College of Law at Northern Kentucky University

He appreciates all types of music, but his heart lies in orchestra.

John hopes to practice in family law after graduating.

Alma maters:

University of Dayton School of Law (J.D.) and Wright State (masters)

Juvenile and family law

Alma mater:

Music Composer & Producer

Mark’s advice to musicians: “Do not get trapped in a time frame or genre of music. Listen to all the new music from rap to indie to alternative.

There’s fantastic music today, and thanks to the internet you can hear music from all over the world.”

Instruments:

Guitar, banjo, bass, keyboard, harmonica

Music genre: Rock, jazz, blues

Albums:

Sidebar (2002), Blue Shift (2001)

Alma mater:

University of Dayton School of Law

Steve Tilson George Moore

John Hardisky

Marty MoHLER Jingle Balls

Candace Brown

Tom Haren / OUT of order

Tony zaharieff / Blind Justice

Judge Michael P. Donnelly

Dan Gerken / face

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Mark Kitrick

www.ohiobar.org

Dan Gerken

MarTY Mohler

George Moore

Dan became a musician when he began taking piano lessons at age five. His parents were both musicians, and he was encouraged to play several instruments over the years. A natural song writer and musician, Dan formed bands with friends he met in high school and college. He is currently a member of FACE and Miranda Sound. Although he is a lawyer full time, Dan often plays music as a stress reliever and creative outlet.

OSBA immediate past-president Marty Mohler is a lawyer-turnedmusician who spends his time advancing the legal profession and rocking out for a good cause.

“My wife bought me a guitar and created a monster,” Marty said.

City of Celina Law Director George Moore is a rock, blues, country and southern gospel musician and singer. He plays music often with his band Erastus, named after a small suburb in Mercer County.

FACE

Jingle Balls

Instruments:

He plays guitar in Jingle Balls, a classic rock band made up entirely of OSBA members— all lawyers and one judge. They primarily perform at charity events, especially to raise money for legal aid.

Music genre:

Jingle Balls will perform in the Battle of the Bands at the All-Ohio Legal Forum.

FACE members:

Rhythm guitar

Guitar, piano, cello, drums, baritone horn Indie rock, melodic rock

Dinah Gerken Babcanec (Dan’s sister), Brian Freshour and Brian Moore

Charities:

The American Stroke Association, Families of SMA (spinal muscular atrophy), Stefanie Spielman Concert For Breast Cancer Research, Andymana-thon For the Kids and more.

Practice area: Litigation

Instruments: Music genre:

Rock, mainly 60s, 70s and 80s

Instruments:

Vocals, guitar, bass, drums, piano, banjo and mandolin

Music genre:

Rock, blues, country and southern gospel

Practice area:

Matt Denney, Brent Roth, Ross Overman

Judge Michael Goulding, John Rozic, Jim Anderson and Larry Gold Broad general practice

Alma mater:

University of Toledo College of Law

Erastus members: Areas of practice:

Criminal prosecution and general

Alma mater:

University of Dayton School of Law

George Washington University Law School

Eat, drink and support the Ohio State Bar Foundation while welcoming incoming President Ronald S. Kopp.

Back by popular demand, the OSBA Battle of the Bands will feature bands squaring off to raise money for the Ohio State Bar Foundation. Attendees are encouraged to vote for their favorite

Erastus performs primarily in Mercer County for community events and charities, including Celina at the Lake Festival and an annual benefit for St. Jude Children’s Research Hospital. “It’s important to give back with our musical talent,” George said. He has also been co-writing and recording songs with other artists including Jan Buckingham in Nashville, their latest being “My Future Next Ex.”

Jingle Balls members:

Alma mater:

Battle of the Bands

Erastus

band by making a donation to OSBF during the event. The audience will ultimately decide the winner of the 2016 Battle of the Bands at the end of the night. The Ohio State Bar Foundation wins either way, and the winning band earns bragging rights.

Thursday, April 28, 7-10 p.m. in the Pavilion Ballroom at the Hilton Cincinnati Netherland Plaza Hotel

Judge Michael P. Donnelly

Steve Tilson

Tom Haren

Steve Tilson, past President of the Ohio State Bar Foundation, has been a music lover since he can remember. “I’ve always been into music–since age 4–and never stopped,” Steve said. He performs with his son and a couple friends in a band called The Crazy Gringos, a classic rock and blues band. The band often performs at charity benefits, including those that support legal aid, service clubs, muscular dystrophy and more.

Tom has been a member of Out of Order since the band was created in 2013. He plays guitar and is also a lead vocalist. Of the six band members, four are lawyers. According to Tom, they began talking about creating a band at a friend’s wedding.

The Crazy Gringos

Faith & Whiskey

Cuyahoga County Common Pleas Court Judge Michael Donnelly plays guitar and sings in a rock band called Faith & Whiskey. The band has 10 members including three attorneys. Judge Donnelly met Steve Zashin on a plane to Lollapalooza and struck up a conversation to find they were both lawyers. Then they met others involved in the Cleveland School of Rock and eventually a band was formed. Faith & Whiskey has been together for four years.

The band often plays at benefit fundraisers including The Women’s Recovery Center, The Gathering Place, a benefit to save the Beachland Ballroom, and the Cleveland Legal Aid Society’s Jam for Justice, where it helped raise $65,000 for legal aid last year.

“Any time we’re brought a story about someone who needs support, we’ll play a benefit to help support them,” Judge Donnelly said.

Instruments:

Steve uses his music as a stress reliever and an opportunity for free-flowing creativity. The Crazy Gringos will perform in the Battle of the Bands at the All-Ohio Legal Forum.

Instruments:

Acoustic and electric guitar, tenor banjo and ukulele

The Crazy Gringos Members:

Eric Tilson (Steve’s son), John Erlsten and Roger Mayes

Music genres:

Blues, classic rock, country, bluegrass, Latin, jazz, oldies, pop and even some Gershwin

Guitar and vocals

Faith & Whiskey members:

Steve Zashin (OSBA member), Rich Wesorick (OSBA member), Joe Barone, Dan Kreuger, Jerry Kysela, Keith Merritt, Jim Pujolas and Jim Reesing

Music genre:

Areas of practice:

General practice concentrating on litigation, estate planning and family law

Alma mater:

The Ohio State University Moritz College of Law

Rock n’ roll

Out of Order

“We all had an interest and luckily it worked out,” Tom said. “It’s a way to blow off steam and have fun, and it all came together pretty smoothly.”

Out of Order often performs for charity events including the Legal Aid Society of Cleveland’s annual fundraiser and an event at the Beachland Ballroom to raise money to keep the venue open. This spring they will play to raise money for a friend with overwhelming medical bills.

Instrument:

Guitar, vocals

Out of Order members:

Emily Dettmer, Vince Ruffa, Marcus Sidoti, Joe Grandinetti (OSBA member) and Dave Thein

Music genres:

Rock n’ roll—from Elvis to Poison to C.Lo Green

Areas of practice:

Criminal defense and business litigation, first amendment defense

alma mater:

Cleveland-Marshall College of Law

Alma mater:

Cleveland-Marshall College of Law

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Tony zaharieff Blind Justice

A retired lawyer and OSBA member, Tony became a musician when his parents bought him his first set of used drums. Without ever being able to read a sheet of music, he formed a band to cover evolving rock n’ roll music, including The Beatles and the Rolling Stones. Eventually, an all-lawyer band was started with lawyers and judges alike. Tony and the Tortfeasors turned into Blind Justice, his band today.

“I doubt we’ll ever make it into the Rock & Roll Hall of Fame; however, we have undoubtedly enjoyed ourselves and, in the process, entertained varied audiences since 1981,” Tony said.

Instrument:

Drums/percussion

Music genre:

Classical rock n’ roll

Blind Justice members: Ken Krochmal (OSBA member), Chuck Wagner, Mark Donatelli (OSBA member), Geoff Johnson, Phil Beard (OSBA member), Jim Nolan (OSBA member), John Kessler (OSBA member), Judge Tom Rose (OSBA member), Rich Mitchell and Louie Adams

Charities:

Ohio Trial Lawyers Association Convention, political fundraisers for judicial candidates, Habitat for Humanity events and more

Alma mater:

University of Cincinnati College of Law

How does music benefit lawyers?

“Making music takes you away from the law for a while to focus on other things and use a different part of your brain. After playing music, I feel rejuvenated and recharged to take on new legal cases.” —Candace Brown

“Practicing for a music audition is training for the intense level of preparation for that 5-minute impact you get in court hearings. It also gave me discipline to focus on time management.

Music makes me feel a little more in tune with people, and I certainly agree it is a stress reliever. Music is the universal language.” —John Hardisky “Any time we’re brought a story about someone who needs support, we’ll play a benefit to help support them.”

—Judge Michael P. Donnelly “Music engages the right side of the brain and is a nice balance for lawyers. Anywhere in the world if you know how to play an instrument, people love it. Everyone loves music. It’s a way to connect with one another.” —Mark Kitrick

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“To me, music benefits everyone who participates, from the composer to the performer, the avid music aficionado to the casual listener. I don’t think it’s an exaggeration to say that music is part of the artistic tapestry that not only enriches life, but also gives it meaning.”

—Dan Gerken “Music can be therapeutic for anyone.

I see it as a legal mind- and moodaltering substance. Music helps lawyers escape from reality and lift them up when they’re down.” —George Moore “Music fills time with beauty, the same way two-dimensional art fills space. Personally, music is a stress release and opportunity for freeflowing creativity. I think I’ve been able to have stronger relationships with other lawyers, especially younger ones because my band endeavors force me to learn newer music and connect with younger folks—and many of them are lawyers.” —Steve Tilson “Music is the universal language.” —Marty Mohler

21

Practice Tips Five tips to help you launch social media

By Rob Brundrett You wake and rub your eyes. You reach out and blindly feel around until you find your phone where it’s plugged in and recharging from its previous day of texting, calling and GPSing. You spend more time with it than your spouse and kids—it’s practically another family member. You unlock it and start to scroll through your social media feeds. First you check Twitter, cruise through Instagram, Snapchat, then LinkedIn and finally Facebook. After about 15 minutes you decide to get out of bed and get your day started. If this sounds about right, you are among the 80 percent of legal professionals who are now using social media.

Lawyers use social media for the typical things—keeping up with friends and family, stalking exes, and keeping up with pop culture and current events. But more lawyers are also diving into the world of social media as a means to advance their practices. Whether you want to use social media to stay up to date on current legal trends, gain business, follow trend-setters or become the next subject matter expert, here are five tips that will help you use your social media channels to advance in the profession.

Save the selfies: Be ethical

The most important rule to follow on social media is to be ethical. If you are using social media as a way to promote your business, remember that all the rules of professional conduct still apply. Before you post that selfie with your beer bong, remember that your potential clients and professional peers will be able to view this and form their own conclusions about how you practice. Save the selfies for your personal account, the one that only your close friends and your

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mom can see, or better yet, don’t post it at all. You never know when the picture will come back to haunt you.

Create and curate relevant content

If you want to attract followers, you need to post relevant content, whether you write it yourself or share content from other industry experts.

Keep a list of legal blogs, online magazines and newspapers to find content. A time-saving app called Pocket can help you do just that—it allows you to save articles, videos and more from the web in one place for future viewing or sharing. Once saved to Pocket, the list of content is visible on any device—phone, tablet or computer. It can be viewed while waiting in line, on the couch, during commutes or travel, even offline.

Need inspiration? Follow these handles on Twitter:

Attorney at Work: @attnyatwork Attorney at Work delivers one really good idea every day to help enterprising lawyers create the career and life they can love.

Lawyerists.com: @lawyerist The law practice survival guide.

ABA Journal: @ABAJournal Continuous news updates from the most-read and most-respected U.S. legal affairs magazine and website.

Supreme Court Blog: @SCOTUSblog Discussion of recent developments in U.S. Supreme Court jurisprudence.

Automate and schedule content

To make your life easier and less

stressful, try automating or scheduling your content with programs such as HootSuite, Buffer and SproutSocial.

These programs can manage all of your social outlets in one spot and schedule content for publishing in the future, making social media management much easier. They also monitor what others are saying about you on social media and provide analytics to find out what type of content is resonating with your followers. This is especially helpful when you have multiple social media accounts.

Remember that not all posts will apply to all social media platforms.

You might find that humorous posts do better on Facebook than they do on Twitter, or that career advice does better on LinkedIn than on Twitter.

Set aside a couple times a week to find or write posts and schedule them throughout the week.

Find followers

To get the most out of your social media efforts, you need to gain followers—people who will share your content, stay loyal to your brand and engage other followers. For starters, follow other legal professionals through social media. They are likely to follow you back and share your content.

Make sure your website, blog and other publications have direct links to your social media accounts. This makes it easy for others to share your content or comment on your posts.

To see who recently followed you, who unfollowed you, who isn’t following you back and who you are not following back, try the Crowdfire app.

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Reliable resources:

Reuters Legal: @ReutersLegal The Reuters legal team brings you the latest legal news and analysis from around the country, including breaking stories, trial coverage and law firm news.

FindLawLP: @FindLawLP FindLaw for legal professionals is designed especially for lawyers and legal professionals with tweets relevant to the business of law and your legal interests.

Bloomberg Law: @BloombergLaw Bloomberg Law helps firms grow revenue, provide world-class counsel, and maintain and increase their profitability. @BloombergBNA’s flagship legal product.

Ohio State Bar Association: @OSBA Brings you breaking legal news, how-to articles and other helpful Ohio legal information.

Measure and analyze

Now that you have increased your followers and are posting content often, you need to measure and analyze what works. Platforms such as Facebook, LinkedIn and Twitter have their own built-in analytics, but you can also use Google Analytics to track the traffic that has come to your website from social media platforms. Programs like HootSuite, Buffer and SproutSocial can also provide helpful analytics.

www.ohiobar.org

Use the analytics to determine what types of content are resonating with your audience and what types to get rid of. If you notice that a “how-to” post is getting shared or commented on more often than a post on “updates to employment law,” then you should think about adding more of “how-to” posts in the future.

tips” and add the articles you find most helpful to your “Pocket.”

Author bio

These five tips should help you get started and save time with your social media efforts. For more information on social media, Google “social media

Rob Brundrett is the director of public policy services at The Ohio Manufacturers’ Association in Columbus.

Learn more about today's communication shifts In today’s legal practice social media plays a major role in the courtroom and through discovery. Outside parties are commenting often in real time through social media on day-to-day courtroom proceedings.

Law firms and attorneys are using social media for public relations campaigns on behalf of clients, and even the least social media savvy firms are on Facebook or Twitter.

This year, during the Young Lawyer Day at the All-Ohio Legal Forum (formerly known as the OSBA Annual Meeting and Convention) the OSBA’s Young Lawyer Section is sponsoring a new fast-paced, high-energy CLE seminar: “The New Realities: The

Three Major Communication Shifts that Today’s Legal Professionals Can’t Afford to Ignore.”

Dr. Debra Jasper, co-founder of Mindset Digital, is an international keynote speaker who will be leading the seminar. She will guide lawyers of all stages of practice, from seasoned vets to the greenest millennials, through a session to get up to speed on the latest communications shifts and technologies changing the practice of law, illustrating what attorneys must know to adapt in the digital age.

Visit ohiobar.org/forum to register.

March/April 2016

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Inside OSBA Meet the President-Elect candidates This year there is a contested election for OSBA president-elect. Belinda S. Barnes, Columbus; Randall M. Comer, Springfield; and Robin G. Weaver, Cleveland, welcome your vote at the Forum. All members of the OSBA are encouraged to vote for president-elect, even if they are not registered for the Forum.

Why did you choose to be a lawyer?

Randy Comer (RC): I became an attorney because it was the highest and best use of my natural talents and afforded me the greatest opportunity to be of service to others.

Being an attorney has been most rewarding and I am deeply humbled to be a member of the same noble profession as Lincoln and Gandhi.

Belinda Barnes (BB): When I was seven, my teacher asked me what I wanted to be when grew up. I proudly said, “A movie star!” She laughed. Deflated, I told my mom what happened. Mom suggested that being a trial lawyer would be a better choice. In high school I joined the speech and debate team. I loved it and decided that being a trial lawyer would be the right career choice for me. Mom and I were both right!

Robin Weaver (RW): Growing up as a child of the '60s I admired how lawyers worked within the system to help resolve societal problems. The rule of law is vital to a democratic society and lawyers are the chief guardians of this principle. While I did not turn out to be a civil rights attorney, the fundamental goal of helping people solve their legal problems has always appealed to me and has motivated me in my practice.

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What qualifications make you the best candidate to lead the OSBA?

BB: I haven’t just talked the talk, but have walked the walk in terms of Bar Association involvement. I have been active in many committees and volunteered thousands of hours in service to the state and local bar over the past 28 years. In 2014, the Columbus Bar Association (CBA) awarded me the Bar Service Medal, the highest award that is given for service to the Bar. In 2006-2007, I served as the CBA President and thus, realize the commitment involved in being the President of a premier Bar Association.

I have served on the OSBA Council of Delegates for more than a decade and previously was on the OSBA Board of Governors. As a small firm practitioner, I face daily the same issues that most Ohio attorneys face and therefore, would be a good representative of my fellow OSBA members.

RW: I am a Fellow of the American College of Trial Lawyers and a Fellow in the International Society of Barristers. Further, I am a proven leader having served as President of the Cleveland Bar Association, as Chair of the Supreme Court Board of Commissioners on Grievances, and as the Foreman of the Cuyahoga Grand Jury. Finally, I have a thorough understanding of the OSBA operations as a member of the Board of Governors and OBLIC. No other candidate has ever had the experience of serving on the OBLIC Board prior to running for President.

RC: I am currently in my third year on the Board of Governors, where I serve in a number of positions, including Vice-Chair of the Budget and Headquarters Committee and Chair of the Non-Dues Revenue Committee. I am also actively

involved in my community serving on numerous civic boards. These experiences have afforded me numerous leadership opportunities in a wide array of areas, which I believe will serve me well in leading the OSBA.

What is the most significant issue facing the bar, and what role should the OSBA play in addressing it?

RW: The most significant issue facing the bar today is the move to allow non-lawyers to perform independent legal services. The need for increased access to justice can be accomplished by increasing pro bono representation, supporting the concept of unbundled legal representation, and by providing more financial support to legal services.

RC: The “Great Recession” has altered the economic landscape of the legal profession. The demand for legal services has remained flat, which has had a significant impact on the bar, especially new attorneys saddled with substantial student loan debt. I believe the OSBA is uniquely situated to provide guidance and assistance to the bar in navigating and adapting to these new economic realities.

BB: Matching attorneys with the legal needs of consumers. There is a huge unfilled need for legal services.

At the same time, most attorneys are working harder than ever to earn a living and our newer attorneys are having a very difficult time finding sustainable employment. The OSBA should enhance its mentoring endeavors by matching seasoned attorneys with newer attorneys who together provide bro bono and reduced priced services.

This would help legal consumers get much needed services, help attorneys gain experience providing services to those in need, and help with networking opportunities for all participating attorneys.

www.ohiobar.org

What new innovations for non-dues income or other benefits to the association would you promote?

RC: The OSBA has the resources and talent to deliver additional member services, namely in economic areas of the practice of law. I envision the OSBA expanding its internet presence to create greater connectivity among its members in such a way that facilitates employment relationships and a client referral network. When it comes to looking for legal talent, whether for employment purposes or to refer a client, the OSBA should be the first place to which our members, and the public, turn.

a great service to our members and legal consumers while generating non-dues revenue for the OSBA.

Saturdays (in warm weather) and 65 to 100 miles on Sundays. Fortunately I have a very close-knit family and I love spending time with them.

RW: OBLIC is our primary source of non-dues revenue. We should increase the size of law firms that are insured

by OBLIC. Greater premiums would result in a larger dividend payment to the OSBA. Also, we ought to expand the types of insurance offerings beyond malpractice coverage through OBLIC affiliated companies.

RC: I began competing in triathlons at the age of 16. My “career” in triathlon culminated in the completion of an ironman distance event in 2010. For the sake of my joints, I discontinued running, but am still an avid cyclist and swimmer. In retirement, I hope to ride my bike across the country (over many weeks, of course).

Tell us something interesting about you that isn’t legal-related.

Polls open: Wednesday, April 27: Noon – 5:30 p.m. (near Registration)

BB: I do many of my own home improvements and am pretty good at it.

BB: A more robust OSBA website where individual members would pay RW: Outside of the practice of law a reasonable fee to promote/advertise I am involved with my church and their services—a statewide legal community related activities, especially directory, that could replace attorneys’ our local school district.10:46 I amAMalso JIC-336_OhioLawyer_ 7.5” w x 4.754_P1a_Print.pdf 1 6/12/14 individual websites. This would be an avid cyclist in riding 40 miles on

Thursday, April 28: 7:00 a.m. – 5:30 p.m.

(Exhibit Hall) Friday, April 29: 7:30 a.m. – 11:00 a.m (Exhibit Hall)

Our clients trust us to manage $8 billion in assets.

Our relationships with them span generations.

At Johnson Investment Counsel, we put the goals of our clients ahead of our own. Since our founding in 1965, we’ve held ourselves to the highest fiduciary standards. Our experienced, fee-based advisors provide clients with sophisticated strategies that help ensure and protect their future.

800.541.0170 |

www.ohiobar.org

March/April 2016

johnsoninv.com

Ohio Lawyer

25

Foundation News Strong board will lead the Ohio State Bar Foundation to a successful 2016 Thomas P. Moushey takes the helm as president of the Ohio State Bar Foundation (OSBF). A Distinguished Life Fellow Counselor of the Foundation, Moushey will lead a talented group of 988 volunteer attorneys who are committed to promoting public understanding of the rule of law and improvements in the justice system. Joining Moushey and president-elect Andrew C. Storar on the board this year are John S. Stith, Martin E. Mohler and Ronald S. Kopp.

Thomas P. Moushey, President

An attorney at the firm Robinson & McElwee PLLC, Moushey began his one-year term as president Jan. 1. His practice focuses on estate planning, probate, business law and real estate. He is certified as an OSBA specialist in estate planning, probate and trust law and previously served as magistrate of the Stark County Probate Court. He has been recognized annually by Super Lawyers since 2008.

A volunteer and Fellow of OSBF since 1997, Moushey said, “The Ohio State Bar Foundation has been helping to educate the citizens of Ohio and improving the justice system for over 60 years. Through volunteer work with OSBF, many legal professionals contribute thousands

Connect with OSBF 26

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March/April 2016

of hours of time to advance their communities around the state.”

Moushey has been very active with the Ohio State Bar Association, serving on its Board of Governors and Council of Delegates. He served on the Ohio Supreme Court’s Continuing Legal Education Commission from 2005 to 2010 and is active with the Stark County Bar Association, having served as president as well as chairman of the Probate Practice Committee and chairman of the Real Property Committee.

Andrew C. Storar, President-elect

Andrew C. Storar of Dayton will become president of OSBF on Jan. 1, 2017.

An OSBF Distinguished Life Fellow Associate, Storar is the President of Pickrel, Schaeffer and Ebeling and has more than 30 years of experience representing entrepreneurs, individuals and businesses in a wide range of industries. His experience spans an array of legal issues from complex commercial litigation, appropriations litigation and contract enforcement, to premises liability, zoning challenges and realtor and appraiser errors claims.

and has substantial involvement with the nonprofit sector, both as a professional advisor and a volunteer.

As an OSBF Distinguished Life Fellow Counselor and a former president of the Ohio State Bar Association, Stith was awarded the Ohio Bar Medal, the OSBA’s highest honor, in 2012.

He is currently a director of the Ohio Bar Liability Insurance Company and has chaired that board since 2007. A former president of the Cincinnati Bar Association, Stith is also the former chair of the Supreme Court of Ohio Commission on Professionalism. He was also a member of the Founders’ Steering Committee for the Cincinnati Academy of Leadership for Lawyers.

Martin E. Mohler

Toledo attorney Martin E. Mohler begins his one-year term as a member of the OSBF Board of Trustees, filling the seat vacated by OSBF’s presidentelect Andrew C. Storar.

Mohler, an OSBF Distinguished Life Fellow Counselor, is a member in the Toledo firm Mohler Law Ltd. and was formerly a partner in the Toledo firm of Shindler, Neff, Holmes, Worline & Mohler, LLP.

John S. Stith

Ronald S. Kopp

A partner in the Cincinnati firm Porter Wright Morris & Arthur LLP, Stith has long been a leader in both the legal profession and the Cincinnati business community,

Kopp, an OSBF Fellow, is a 35year practitioner who has spent his entire career in Akron and Cleveland with Roetzel & Andress.

Attorney John S. Stith of Cincinnati begins his three-year term as a member of the OSBF Board of Trustees.

As president-elect of the OSBA, Ronald S. Kopp of Akron will serve his two-year term on the OSBF Board of Trustees ex-officio.

Twitter: @_OSBF_ Facebook: facebook.com/OhioStateBarFoundation LinkedIn: linkedin.com/company/ohio-state-bar-foundation www.ohiobar.org

HONOR. REMEMBER. CELEBRATE. Tribute gifts are a simple and meaningful way to say “Thank You,” “I Remember” or “Congratulations.” To recognize your esteemed colleagues, friends or family by dedicating your tax-deductible gift, call Tammy Savage at 614-487-4477 or visit osbf.net and click “Donate Now.”

IN HONOR OF

(Gifts received from Nov. 15, 2015, to Jan. 15, 2016)

Lee Belardo Mr. John D. Holschuh, Jr.

Prof. Dennis Greene Ms. Deborah J. Adler, Esq.

Kathy and Bill Weisenberg Ms. Belinda S. Barnes, Esq.

Past President Lee Belardo and the 2015 Ohio State Bar Foundation Board of Trustees Ms. Michelle L. Kranz, Esq.

Law and Leadership Institute Mrs. Hope M. Sharett, Esq.

William K. Weisenberg Ms. Mary Asbury, Esq. R.R. Denny Clunk Ret. Hon. William D. Hart Mr. David and Marlene Sternberg

Alison M. Belfrage Ms. Jennifer M. Nelson Carney, Esq. Robert W. Boich Mr. Grant W. Wilkinson, Esq Van Carson Mr. Grant W. Wilkinson, Esq. Kacey Chappelear Mr. Stephen E. Chappelear C. Lynne Day Beth Ann Gillespie Doralice Ricchiuti Mr. Daniel Ricchiuti John W. Edwards Mr. Grant W. Wilkinson, Esq

Andrew E. Lyles Mr. Grant W. Wilkinson, Esq. Carol Seubert Marx Ms. Martha A. Rose, Esq.

R.C. Wiesenmayer, 50 Years of Practice Rob Wiesenmayer, Courtney Burton and Kelli Price

Ohio State Bar Foundation Staff Alison M. Belfrage

Eugene Whetzel Mrs. Kathryn Gonser Eloff Mr. Thomas D. Lammers, Esq. Ms. Carol Seubert Marx, Esq.

Thomas P. Pappas Mr. Grant W. Wilkinson, Esq. John Petzold Patrick J. Foley

Marie P. Wolff Ret. Hon. William H. Wolff, Jr.

The wonderful work being done

by OLAF’s Jane Taylor Mr. Ronald S. Kopp, Esq.

The Honorable Jack Zouhary Anonymous Anonymous Anonymous

To all of those who teach the Constitution to our children Mr. Dennis G. Terez, Esq.

IN MEMORY OF

Beth Ann Gillespie Mr. Stephen F. Tilson, Esq.

(Gifts received from Nov. 15, 2015 to Jan. 15, 2016)

My father, Judge William T. Allmon Ms. Kathleen A. Stoneman, Esq.

Michael Prephan Mr. George Gusses, Esq.

Carole S. Dougherty Mr. Ronald W. Dougherty, Esq.

Robert Edward Pfeiffer Mr. Thomas W. Palmer, Esq. Mr. and Mrs. Richard C. Pfeiffer

William T. Monroe Mr. and Mrs. Jules N. Koach Edward Noble Ms. Carol Seubert Marx, Esq.

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David Railsback Ms. Carol Seubert Marx, Esq. Thomas I. Webb, Jr. Mr. Grant W. Wilkinson, Esq.

Kathy Weisenberg Anonymous Mr. Jack L. Neuenschwander, Esq. Martin D. Witherell Mr. Grant W. Wilkinson, Esq. Louis L. Owens, brother of Linda Hollingsworth Mr. Jonathan Hollingsworth Mr. Martin E. Mohler, Esq.

March/April 2016

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Books & Bytes CLE feature author preview: Steve Berry Legal Writing and Constitutional Curiosities April 7 in Cleveland April 8 in Columbus “Meet and Greet” with author Steve Berry.

Special bonus!

Each attendee will receive a copy of Steve Berry’s latest book, The 14th Colony.

Add a Little Fiction to Your Legal Writing

In this compelling one-hour session, Berry brings fact and fiction together in a CLE-eligible hour designed to help lawyers not only grab a reader’s attention, but also make a compelling legal argument.

Topics include: • Eleven rules of legal writing; • Practical advice on how to apply those rules for clear, concise and compelling arguments; • A review of some definite do’s and don’ts.

Quirks and Curiosities of the United States Constitution

The United States Constitution is full of odd provisions. Some have played a key role in our history; others not so much. In this one-hour session, Berry will review several hidden and intriguing constitutional clauses, a few of which may even shock.

Author profile

Bestselling author and lawyer Steve Berry will visit Ohio to speak about legal writing, constitutional curiosities and his latest book The 14th Colony on April 7 and 8.

Berry earned his juris doctorate from the Walter F. George School of Law at Mercer University. He was a trial lawyer for 30 years and held elective office for 14 years before publishing his first novel in 2003. Since then he has published a total of 20 historical thrillers and has become a New York Times and internationally bestselling author. His passion for history has fueled his writing and his audience’s interest; his books have been translated into 40 languages in 51 countries.

An avid traveler and historical researcher, Berry built History Matters, a foundation dedicated to historical preservation, with his wife Elizabeth. Through History Matters, Berry teaches writing seminars and donates all collected contributions to a historic preservation project. His devotion to historic preservation was recognized by the American Library Association in 2012 and 2013. He currently lives in Florida.

To register for this course please visit: ohiobar.org/steveberry

CLE calendar preview

Ohio Elder Law Institute March 31 - April 1 (2-day Program)

Immigration Law: What Every Ohio Lawyer Needs to Know March 16

Booze, Bullets and Bingo April 1

Appellate Practice April 7 & April 21

Legal Writing and Constitutional Curiosities with bestselling author Steve Berry, Esq.

April 7 & 8

Making Your Case With A Better Memory April 12 & 13 For the complete list of upcoming CLE titles please visit:

yourosba.ohiobar.org

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www.ohiobar.org

Statehouse Connection

Lawyer-Legislator Award 2016

It is time once again to announce the winner of the 2016 LawyerLegislator award.

I am proud to report, that in late February the OSBA Board Senator Scott Oelslager of Governors made one of its finest decisions. This year’s recipient is Senator Scott Oelslager from Stark County. Senator Oelslager is a long serving legislator in both the Ohio House and Ohio Senate. He presently serves as Chair of the influential Senate Finance Committee and has been instrumental in keeping at bay recent attempts to expand the sales tax into the area of professional services. He is also a champion for open records and the civil justice court system.

I served three terms with Scott in the House. He was always a treat to work with. You could count on him to look at every issue from every possible angle in his attempt to craft the best legislation for Ohio and its citizens.

Senator Oelslager is term-limited and

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will leave the Senate in 2018, but until then the lawyers of Ohio should know they have a friend in Scott Oelslager.

Scott will receive the LawyerLegislator Award on April 27 in Cincinnati at the All-Ohio Legal Forum – Council of Delegates meeting.

If you happen to see Scott be sure to congratulate him on the award and thank him for his many years of service to Ohio and the legal profession.

Ohio Primary 2016 and staying advised of the OSBA legislative agenda

There are several contested State Representative and State Senate primaries this time around. As you would expect, the hallways in the Ohio House and Senate have been relatively quiet while the candidates campaign in preparation for the March 15 primary.

The legislature is expected to reconvene for the months of April and May.

follow me on Twitter @ToddBook.

Read my blog Word on the Square on ohiobar.org, to keep aware of what is happening on capitol square.

Lame duck for the ages?

Many watchers of the legislature are anticipating the relatively short spring legislative session combined with the end of President Faber’s term in the Senate sets the stage for a lame duck that will go down in the history books. The feeling is that most pieces of legislation will be pushed off until after the general election, leaving a lot of unfinished business that President Faber will want to finalize before he loses control of the Senate.

Author bio

Todd Book is the OSBA Director of Policy and Government Affairs.

The OSBA has seven priority bills working through the process. To receive legislative updates on the progress of our legislative priorities and other legislative developments,

March/April 2016

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PREVIEW GUIDE

#OSBAFORUM

ALL-OHIO LEGAL FORUM

CLE HIGHLIGHTS YOUNG LAWYER DAY

Thursday, April 28 — For the online registration price of

The New Realities: The Three Major Communications Shifts That Today’s Legal Professionals Can’t Afford to Ignore With more than 80 percent of attorneys now using social media, according to an ABA survey, it’s critical for legal professionals to understand how to apply new thinking and approaches in safe and responsible ways. This session will help lawyers get up to speed on the latest communications shifts and technologies impacting the practice of law, and will illustrate what attorneys must know to adapt in a digital age.

$40 ($65 if registering by mail or call-in), OSBA attorney members in practice five years or less or 36 years and younger can earn up to 7 CLE hours and enjoy networking opportunities while discovering all that the OSBA has to offer. Presented by the OSBA Young Lawyers Section.

NETWORKING OPPORTUNITIES Lawyers in Trouble: Dealing with Professional Discipline Claims

Join us at these open events to network with colleagues, friends and classmates during your three days at the Forum.

Wednesday, April 27

6-7:30 p.m.

OSBA Reception Honoring outgoing President John D. Holschuh Jr. and Celebrating the Work of the Ohio State Bar Foundation

• A Cincinnati-inspired event featuring local foods

Change Is Coming: Preparing for Ohio’s Medicaid Transition For the full list of CLE courses go to: www.allohiolegalforum.org/CLE

Thursday, April 28

7-8 a.m.

Networking Continental Breakfast in the Exhibit Hall 11:45 a.m.-1:15 p.m.

OSBA Annual Luncheon, sponsored by the Ohio State Bar Association Insurance Agency and OBLIC

6-7 p.m.

Law School Receptions 7-10 p.m.

Battle of the Bands in honor of President-Elect Ronald Kopp

Friday, April 29

7:30-8:45 a.m.

Networking Continental Breakfast with Exhibitors Noon-1 p.m.

Complimentary Luncheon

• Announcement of election results for OSBA president-elect

OSBA SYMPOSIUM Race and Its Effect on the Practice of Law Starting with a simple story of how a few attorneys worked to reverse a discriminatory decision by a local government, this symposium explores how racism can influence decision-making in the legal profession, the judicial system and executive actions. OSBA convenes attorneys, corporate industry leaders, members of the judiciary, law enforcement personnel and law students to discuss and find solutions to address the following topics:

• Exploring confirmation bias in racialized perceptions of legal writing and lawyering skills • Uncovering and eliminating implicit bias in the court system • The influence of racism in the execution of the law: What to do when law enforcement training and equal treatment by governments break down • Taking an introspective look to create a law firm environment that attracts and retains diverse talent

OSBA ELECTIONS This year there is a contested election for OSBA president-elect. Belinda S. Barnes, Columbus; Randall M. Comer, Springfield; and Robin G. Weaver, Cleveland, welcome your vote at the Forum. All members of the OSBA are encouraged to vote for president-elect, even if you are not registered for the Forum.

You must vote in-person in Cincinnati.

Learn about each candidate on page 24.

CAST YOUR VOTE Polls open: Wednesday, April 27: Noon – 5:30 p.m. (near Registration) Thursday, April 28: 7:00 a.m. – 5:30 p.m.

(Exhibit Hall) Friday, April 29: 7:30 a.m. – 11:00 a.m (Exhibit Hall)

www.ohiobar.org

MAIL-IN REGISTRATION SPECIAL EVENTS

Mail-in registration pricing is listed below.

If you would like to save $25, please visit ohiobar.org/forum.

OSBA MEMBER#

SUPREME COURT REGISTRATION #

NAME

PREFERRED NAME FOR BADGE

ADDRESS CITY

STATE

PHONE

FAX

ZIP

Please check all events you are going to attend. You may only attend the special events on the days you are registered for the Forum. Important: You must pre-register for these events. Walk-ins will be accepted on a space-available basis only.

Wednesday, April 27  Council of Delegates / General Assembly Meeting  OSBA Reception Honoring Outgoing President John D. Holschuh Jr. and the Work of the Ohio State Bar Foundation.

Thursday, April 28  OSBA Annual Luncheon (ticketed)  OSBA Reception for President-elect Ronald S. Kopp (ticketed)

EMAIL

Alumni Reception (check school)

FORUM LOCATION

 Not Attending

 Case Western Reserve

Duke Energy Convention Center /Hilton Cincinnati Netherlands Plaza

 The Ohio State University

 University of Toledo

PROGRAM REGISTRATION

 University of Cincinnati

 University of Akron Law School

 Cleveland-Marshall

 Ohio Northern University

 University of Dayton

 Capital University

Full Forum Fees

Early Bird

After April 1

OSBA Member

 $400

 $450

Non-member*

 $500

 $550

Law Student

 $0

 $0

Single Day Fees

 Chase College of Law (Northern-Kentucky University)  University of Michigan Law School

Friday, April 29

Early Bird

After April 1

OSBA Member

 $230

 $255

Non-member*

 $280

 $305

SPECIAL EVENTS

New Lawyer Day Only (Thurs.)**

 $65

 $65

 Spouse/Guest Registration

Paralegal Day (Fri.)

 $85

 $85

# of attendees

x $95 =

Spouse/Guest name

Check which day you plan to attend:  Thursday

 Friday

*  The amount of the nonmember fee that exceeds the OSBA member rate may be applied toward OSBA membership. Check box if interested in membership in the OSBA. ** Thursday, April 28: open to lawyers who have been in practice five years or less, or are age 36 or younger. Participants must be OSBA members in good standing.

SPECIAL SERVICES  Check here if you or your guest require special services. Attach a written description of needs and return registration no later than April 1.  Dietary restrictions:  Vegetarian  Vegan  Kosher

 Complimentary Luncheon with Exhibitors

Spouse/Guest name

TOTAL FEES Total Registration Fees Enclosed

$

PAYMENT OPTIONS Payment Type  MC Account No.

 Visa

 Credit

 Check

 AMEX Exp Date:

Signature Please make checks payable to: Ohio State Bar Association

 Gluten Free

 Other

Registration fee includes seminars and special events. Payment must accompany registration to receive early bird discount. Seminar selections will be available online closer to the event date.

Please send registration form and fees to: Ohio State Bar Association P.O. Box 16562, Columbus, Ohio 43216-6562

Save $25 by registering online at www.ohiobar.org/forum www.ohiobar.org March/April 2016 Ohio Lawyer

33

The OSBA Convention & Annual Meeting is now known as the

13.5 CLE Hours | Networking Opportunities | Symposium on Race

visit ohiobar.org/forum to learn more. #OSBAFORUM

SAVE THE DATE