HUMAN TRAFFICKING - Ohio State Bar Association

Transcription

TH E OH IO STATE B AR ASSOCIATION MEMB ER MAG AZI NE
V O L . 2 7 , N O. 6
w w w.o h i o ba r.o rg
N OV E M B E R /D E C E M B ER 2013
The fight to end
HUMAN TRAFFICKING
in Ohio
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Ohio Lawyer September/October 2013
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OhioLawyer
Vol. 27 No. 6
Departments
3 | President’s Perspective
The importance of civics education to the success of
a constitutional democracy.
5 | In Brief
U.S. Supreme Court’s favorability edges below 50
percent; millennial workforce, talent crunch among
top trends affecting legal profession; Chief Justice
O’Connor wants to hear from you.
Features
6|
12 |
Human trafficking in Ohio
by Melinda Sykes Haggerty
With an estimated 27 million victims worldwide, the
epidemic of human trafficking continues to spread
to every corner of society, including Ohio, where an
aggressive campaign by lawmakers and law enforcement is fighting to end the modern-day slave trade.
20 | Practice Tips
The motion in limine as a Trojan horse.
Blue skies above?
Legal ethics and cloud storage
24 | Foundation News
Videos showcase work of 2011 Fellows for youth.
by Karen E. Rubin
Storing client files and other confidential information in “the cloud” while adhering to ethical rules
and guidelines can be tricky—and beneficial—for
lawyers practicing law in the digital era.
16 |
19 | Inside OSBA
Allowable self-study hours increasing; renew your
OSBA membership for 2014; OSBA to begin certifying attorneys as specialists in elder law; Casemaker
now includes Casecheck+.
Finances 101:
Taking control of your financial future
by Alana C. Jochum
Today’s new lawyers may find themselves struggling
under the burden of law school debt and the stresses
of an increasingly competitive job market, but there
are still important steps they can take to ensure their
financial well-being.
22 | Statehouse Connection
Ohio LAWPAC: Invest in good government.
26 | Did You Know?
Soliciting potential clients by text message is
no “lol” matter.
28 | Books & Bytes
Review of The Double V: How Wars, Protest, and
Harry Truman Desegregated America’s Military, by
Rawn James Jr.
30 | Member Benefits
Take advantage of OSBA practice tools.
31 | Member News
Awards and community involvement of OSBA
members.
32 | Sustaining Members
OSBA thanks members who have made generous
contributions to the organized bar of Ohio.
www.ohiobar.org
November/December 2013
Ohio Lawyer
1
OhioLawyer
Ohio Lawyer is published bimonthly
by the Ohio State Bar Association.
Ohio Lawyer Staff
Editor: Nina Corbut
Editorial: Andrew Hartzell,
John Hocter
OSBA website
wins national award
Graphic Designer: Andrea Donahue
Advertising: Terry Henson
Website Editor: Dan Beckley
Board of Editors
Joseph L. Ludovici, Chair,
East Liverpool
Kristin Burkett, Newark
Thomas L. Guillozet, Versailles
Yolanda D. Gwinn, Toledo
David A. Hejmanowski, Delaware
Paula S. Hicks-Hudson, Toledo
John D. Holschuh Jr., Cincinnati
Alan J. Lehenbauer, Swanton
Kevin P. Murphy, Warren
William M. Owens, Coshocton
Marquettes D. Robinson, Cleveland
Nancy Schuster, Cleveland
Stephen L. Smith, New Bremen
Brandi M. Stewart, Cincinnati
OSBA Officers
President:
Jonathan Hollingsworth, Dayton
President-elect:
Martin E. Mohler, Toledo
Executive Director:
Mary Amos Augsburger
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est 1880
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Ohio State Bar
The Ohio State Bar Association was honored to be among
a select number of bar associations nationwide to receive a
Luminary Award at the National Association of Bar Executives (NABE) Communications Section Workshop Sept. 25-27,
2013, in Portland, Oregon.
The OSBA received the 2013 NABE Luminary Award for its
website, www.ohiobar.org, in the “large bar association website” category. The website was recognized for both its design
and content. Nina Corbut, OSBA director of publications, accepted on behalf of the association.
All of the judges were highly complementary of the website.
One commented, “It’s truly an example of what a bar website
should be.”
“The OSBA website is constantly evolving to meet the needs
of our members and the public,” said OSBA President Jonathan Hollingsworth. “We are pleased that our efforts are being
recognized, and we congratulate all who work hard to keep our
website development ahead of the curve.”
NABE Communications Section’s Luminary Awards program
was created in 1992 at the Communications Section workshop
in Albuquerque and was named for New Mexico’s “luminaria.”
Awards are given annually in the following categories: publications, electronic publications, public relations, websites and
marketing campaigns. Within each category, awards are given
to small, medium and large bar associations. �
a s s o c i at i o n
est 1880
2
Ohio Lawyer November/December 2013
www.ohiobar.org
President’s Perspective
The importance of civics
education to the success of
a constitutional democracy
by Jonathan Hollingsworth
Most everyone remembers where they were during the tragedy
of 9/11. Some of us remember where we were on the day President John F. Kennedy was shot. Others of us remember where
we were when Dr. Martin Luther King Jr. was assassinated.
These were all life changing and pivotal moments in our
nation’s history.
However, do you remember where you were when it was announced that the Voting Rights Act of 1965 was signed? There
is a small group of the American population that can answer yes,
as it was as critical and life changing to them as all of the other
events referenced above.
The Voting Rights Act was widely considered landmark civil
rights legislation at the time. And now, nearly 50 years later,
some of its provisions are the subject of political controversy.
In June of this year, the U.S. Supreme Court struck down key
elements of the Voting Rights Act by a 5 to 4 vote, thus allowing
nine states, mostly in the South, to change the state’s election
laws without advance federal approval.
However, to understand and appreciate the significance of the
Voting Rights Act and the implications of the Shelby County v.
Holder decision, one must understand our form of government
and what it means to be part of a constitutional democracy.1
In the past, this important information was acquired in school
through civics education; today, sadly enough, not so much.
If the schools that educate the leaders of tomorrow, i.e., our
children, are unwilling or unable to make civics education a
part of the core curriculum, how can we expect our children to
understand how a representative democracy based on a constitution works? More importantly, how can we expect anyone to live
under the Rule of Law if they do not know what that means?
Many, including the Center for Civic Education, have repeatedly (and correctly) stated that “the goal of education in civics
and government is informed, responsible participation in political life by competent citizens committed to the fundamental
values and principles of American constitutional democracy.”
Many of our nation’s leaders have recognized that one of the
most important purposes of educating the nation’s citizens is
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to protect and strengthen constitutional democracy. President
Ronald Reagan said:
Since the founding of this nation, education and
democracy have gone hand in hand. The founders
believed a nation that governs itself, like ours, must rely
upon informed and engaged electorate. Their purpose
was not to teach all Americans how to read and write,
but to instill the self-evident truths that are the anchors
of our political system.2
Is there any doubt that self-government requires citizens who
are informed and thoughtful, participate in their communities,
are involved in the political process, and possess moral and civic
virtues? No doubt whatsoever as generations of leaders, from
America’s founding fathers to elected leaders in the 21st century, have understood that these qualities are not automatically
transmitted to the next generation—“they must be passed down
through schools,” as schools are the guardians of democracy.3
Answers to Annenberg Public Policy Center surveys, elicited
from national samples of the U.S. population in the past decade,
found that:
• Only one-third of Americans could name all three branches
of government (one-third couldn’t name any);
• Just over a third thought that it was the intention of the
Founding Fathers to have each branch hold a lot of power,
but the President has the final say; and
• Almost a third mistakenly believed that a U.S. Supreme
Court ruling could be appealed.
The National Assessment of Educational Progress (NAEP),
commonly referred to as the nation’s report card, issued a report
in 2010 on civics and found two thirds of all fourth, eighth and
twelfth grade students who took the test failed to score “proficient” in civics. For example, less than half of the eighth graders knew the purpose of the bill of rights. Less than one-third
of eighth graders could identify the historical purpose of the
Declaration of Independence. Fewer than one in five high school
Ohio Lawyer
3
seniors were able to explain how citizen participation benefits
democracy. Only one in 10 had age-appropriate knowledge
of the system of checks and balances. Scores on the 2010 NAEP
were even lower for low-income and minority students, with black
students scoring on average 24 to 30 points lower than their white
counterparts. This persistent gap in civics achievement is believed
by many to undermine the equality of all citizens.
Education, supported by the Supreme Court of Ohio, the Ohio
State Bar Association, the Ohio Attorney General’s Office and
the American Civil Liberties Union of Ohio Foundation, offers
its Mock Trial competition, We the People, Ohio Government
in Action and its Law & Citizenship Conference—all aimed at
improving civic education in Ohio. But so much more remains
to be done.
Many believe that research makes clear that students who receive
high-quality civics learning are more likely than their counterparts to understand public issues, view political engagement as
a means of addressing communal challenges, and participate
in civics activities. Civics learning has similarly been shown to
promote civics equality. As reported by the Guardian of Democracy: The Civic Mission of Schools, poor, minority, urban or rural
students who do receive high-quality civics learning perform
considerably higher than their counterparts, demonstrating the
possibility of civics learning to fulfill the ideal of civics equality.
Let us all heed the words of President Barack Obama and accept the challenge: “The loss of quality civic education from
so many of our classrooms has left too many young Americans
without the most basic knowledge of who our forefathers are, or
the significance of the founding documents, […and] the risks
and sacrifices made by previous generations, to ensure that this
country survived war and depression; through the great struggles
for civil, and social, and worker’s rights. It is up to us, then, to
teach them.” �
Research also demonstrates that civics learning has been shown
to instill young people with the “21st century competencies”
that employers value in the new economy. Despite the documented benefits, it is believed that civics learning and democratic engagement are often seen as “add-ons rather than essential
parts of the core academic mission” in too many schools and colleges. Additionally, it appears that many elementary and secondary schools are pushing civics aside, focusing more on preparing
students for college in the areas of math, English,
and science.
There are positives. On the national level, programs such as
iCivics created by Justice Sandra Day O’Connor are designed to
reverse Americans’ declining civic knowledge and participation
and to prepare young Americans to become knowledgeable, engaged 21st-century citizens through the use of innovative educational materials. Here in Ohio, the Ohio Center for Law-Related
Jonathan Hollingsworth is president of the Ohio State Bar Association.
Endnotes
1 570 U.S. 1.
2 See, also, Advancing Civic Learning and Engagement in Democracy: A Road
Map and Call to Action, U.S. Department of Education, January 2012.
3 As former Associate Justice Sandra Day O’Connor stated: “Knowledge
about our government is not handed down through the gene pool. Every
generation has to learn it, and we have some work to do.” See, also, commentary from Guardian of Democracy: The Civic Mission of Schools,
Campaign for the Civic Mission of Schools in partnership with the
Leonore Annenberg Institute for Civics of the Annenberg Public Policy
Center at the University of Pennsylvania; the National Conference on
Citizenship; the Center for Information and Research on Civic Learning
and Engagement at Tufts University; and the American Bar Association
Division for Public Education.
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administrator a member of the OSBA?
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For just $85 per year, paralegals and legal administrators have access to many
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For more information or to join, visit www.ohiobar.org/join.
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In Brief
Compiled by Andrew Hartzell
U.S. Supreme Court’s favorability
edges below 50 percent
The U.S. Supreme Court’s favorability rating has edged below 50
percent for the first time in nearly three decades of Pew Research
Center polling. Currently, 48 percent have a favorable opinion of
the court while 38 percent have an unfavorable opinion.
Specialized talent is proving elusive. As law firms and corporate legal departments become more exacting in the expertise
they require, demand is increasing for highly skilled talent with
industry or practice-area specialization. Litigation and e-discovery
are pivotal areas in which legal organizations continue to need
targeted expertise.
In March, before the court’s end-of-term decisions on same-sex
marriage and the Voting Rights Act, 52 percent had a favorable
impression of the Supreme Court while 31 percent had an unfavorable opinion.
Social media and Gen Y are influencing the legal workplace. The use of social media and collaboration tools has increased ideasharing among legal teams. To entice Millennial workers, law firms
are offering open office spaces and work-life balance perks, including flexible scheduling and telecommuting. �
—www.roberthalflegal.com
The national survey by the Pew Research Center, conducted July
17-21, among 1,480 adults nationwide, finds that African Americans’ views of the court have become much more negative in the
aftermath of the court’s decisions.
Chief Justice O’Connor
wants to hear from you
The survey finds that partisan differences in opinions about the
Supreme Court—which widened substantially last year after the
court’s ruling on the Affordable Care Act—have narrowed since
then. Currently, 54 percent of Democrats, 48 percent of Republicans and 47 percent of independents express favorable opinions of
the court.
During her annual address at the Ohio State Bar Association
convention in May, Ohio Supreme Court Chief Justice Maureen
O’Connor announced an eight-point plan to strengthen judicial
elections, and she invited Ohioans to visit a website to participate in a statewide discussion about the ideas.
As was the case in March, conservative Republicans and liberal
Democrats have contrasting opinions about the Supreme Court’s
ideology. Fifty percent of conservative Republicans say the court is
liberal, compared with just 8 percent who say it is conservative (35
percent say it is “middle of the road”). Liberal Democrats are far
more likely to say the court is conservative (40 percent) than liberal
(19 percent), with 35 percent saying it is middle of the road. �
—www.people-press.org
Millennial workforce, talent
crunch among top trends
affecting legal profession
Globalization, shifting demographics and increased mobility
are influencing the legal field and reshaping its workplace. The
Evolving Legal Profession and Emerging Workforce of Tomorrow
industry report from Robert Half Legal examines how law firms
and corporate legal departments are adapting to these changes to
gain a competitive advantage. Among the key trends uncovered in
the research:
The eight questions posed by the Chief Justice include:
1. Should Ohio change the law so judicial races are no longer
listed at the end of the ballot?
2. Should all judicial elections be held in odd-numbered years?
3. Should Ohio centralize and expand its civic education programming and institute a judicial voter guide?
4. Should Ohio eliminate party affiliation on the ballot in judicial primaries?
5. Should Ohio join the other states that have a formal, nonpartisan system for recommending nominees to the governor to fill judicial vacancies?
6. Should appointments to the Ohio Supreme Court require
the advice and consent of the Ohio Senate?
7. Should Ohio increase the basic qualifications for serving as
a judge?
8. Should Ohio increase the length of judges’ terms?
Participate in a statewide discussion about these ideas on the
Ohio Courts 2013 website at http://ohiocourts2013.org/. �
Mesothelioma
The definition of client service is expanding. Legal departments
are requiring an enhanced level of service and creative partnerships
from their law firms. In addition to flexible fee arrangements, they
seek outside counsel with in-depth knowledge of their industry
who can serve as trusted business advisers.
Globalization is increasing collaboration among law firms. As companies conduct more business on a global scale, they
require help from outside counsel to navigate business and legal
issues. Law firms are opening international offices or collaborating
through legal and multidisciplinary networks to meet this need.
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Ohio Lawyer
5
human
trafficking
in ohio
By Melinda Sykes Haggerty
With an estimated 27 million
victims worldwide, the
epidemic of human trafficking
continues to spread to every
corner of society, including
Ohio, where an aggressive
campaign by lawmakers and law
enforcement is fighting to end
the modern-day slave trade.
6
www.ohiobar.org
www.ohiobar.org
Ohio Lawyer
7
• The recruitment, harboring, transportation, provision or
obtaining of a person for labor or services, through the use
of force, fraud or coercion for the purpose of subjection to
involuntary servitude, peonage, debt bondage or slavery.4
Today, there are as many as 27 million victims of human trafficking across the globe.1 Though individual states and the federal
government define human trafficking differently, human trafficking essentially involves people being forced to engage in sexual
activity or labor services for someone else’s profit.
Trafficking in the United States involves both foreign and U.S.
citizens and occurs in many locations, including brothels, massage
parlors, on neighborhood streets, hotels, restaurants, agricultural farms and in domestic service situations in private homes.5
Despite the prevalence of both labor and sex trafficking, it is the
sex trafficking of minors that is most often (and passionately)
discussed. The federal law provides broad protection for minor
sex trafficking victims by not requiring proof of force, fraud or
coercion in these cases. The law recognizes that minors are particularly vulnerable to manipulation by traffickers and that they
cannot consent to being sexually exploited for money.
Wrong. Recent media attention has shined a spotlight on the horrors of human trafficking in the United States. This July, the FBI
rescued 105 sex trafficked children in a cross-country sting that
targeted pimps who forced these girls into prostitution.2 Minors
as young as 12 years old are recruited into prostitution in the
United States.3 The sad truth is that the reality of traffickers using
lies, manipulation, threats and drugs to force young girls to sell
themselves for sex is nothing new.
Ohio statutes and cases
Ohio has been on the front lines in the battle to combat human
trafficking. Attorney General Mike DeWine re-created the Human Trafficking Commission (formerly named the “Trafficking
in Persons Study Commission” under Attorney General Cordray)
in August 2011 to better understand human trafficking in Ohio
and to assist in developing solutions to address human trafficking at the state level. A 2010 Ohio Attorney General Trafficking
in Persons Study Commission Report estimated that more than
1,000 minors are sex trafficked in Ohio annually.6 A follow-up
study released in 2012 surveyed more than 300 women involved
in the sex trade in five Ohio cities and asked when and how they
were recruited and surveyed their experiences. The study revealed
that 35 percent of these women were sex trafficked as minors, and
were most often recruited at some point by a female who was also
involved in selling herself or who first acted like a friend.7
The way we view and respond to these girls is novel. There is a
growing realization that the women and girls (and sometimes
men and boys) engaged in selling themselves are often current or
former human trafficking victims who should be given supportive
services rather than criminals who should be given jail time. This
perspective has spurred increased efforts at both the state and
federal levels to rescue and restore human trafficking victims and
prosecute criminals who prey on those most vulnerable for their
own profit.
Those who were sex trafficked as children reported having experienced child abuse and neglect, having a close family member
involved in the sex trade, suffering depression, being raped,
having difficulty in school and being in proximity of those who
bought or sold others for sex.8 The biggest risk factor associated
with a child recruited into sex trafficking was having a history of
running away from home. Sixty-three percent of those who were
sex trafficked as minors reported having run away one or more
times before they were trafficked.
Federal human trafficking framework:
The Trafficking Victims Protection Act
The federal Trafficking Victims Protection Act (TVPA), passed in
2000, was the first comprehensive federal law to address human
trafficking. The federal law defines “severe forms of trafficking in
persons” as:
This report, though it only covered five Ohio cities, shows that
human trafficking is real in Ohio and warns of the risk factors
that professionals need to identify to be able to intervene when a
minor is at risk of being sex trafficked.9
The 2008 movie Taken brought much-needed public awareness
to this problem in its portrayal of a teenage girl who is abducted
on a trip to Paris, drugged and sold for sex across Europe. In the
movie, the girl’s retired CIA father ultimately rescues her and returns her home to safety in America. America—where young girls
are safe from being drugged, raped and forced to sell sex, right?
• Sex trafficking in which a commercial sex act is induced by
force, fraud, or coercion, or in which the person induced to
perform such an act has not attained 18 years of age; or
8
In 2005, the scope of the problem in Ohio was illuminated when
the FBI sting “Operation Precious Cargo” recovered 151 sex trafficking victims, 78 of whom were from Toledo, and 45 of whom
were minors.10 As a result of Operation Precious Cargo, the FBI
created the Northwest Ohio Violent Crimes Against Children
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Task Force in 2006 to investigate child sex trafficking cases in
Toledo. This task force has had great success investigating human
trafficking in Toledo and securing long sentences for those who
sexually exploit children. Most recently, the task force charged a
Toledo woman with interstate sex trafficking after she allegedly
transported a minor from Ohio to Michigan in December 2009
to engage in commercial sex acts.11
The success of the task force model to investigate and prosecute
human trafficking cases led to its replication at the state level in
central Ohio. In 2012, Attorney General DeWine announced the
creation of the Central Ohio Human Trafficking Task Force. This
task force is part of the Attorney General’s Ohio Organized Crime
Investigations Commission and is made up primarily of officers
from the Columbus Police Department, along with officers from
the Ohio Bureau of Criminal Investigation (BCI), the Powell
Police Department, U.S. Customs and Immigration Enforcement
(ICE), the Ohio State Highway Patrol and the Federal Bureau of
Investigation (FBI).12 The task force also collaborates with a victim services coordinator from the Salvation Army who specializes
in working with human trafficking victims to ensure that victim’s
needs are being met, and with local and federal prosecutors to see
that these traffickers are brought to justice.
Task force investigations already have led to the prosecution of at
least five traffickers in the central Ohio area. One case involved
four Chillicothe residents who pled guilty to bringing a woman to
Columbus and forcing her to have sex with more than a dozen men
over a period of a few days.13 Another trafficker the task force investigated was charged with trafficking women by posting online ads
advertising sex and withholding drugs from the women until they
complied with his demands to have sex with men for money.14 As
public awareness of human trafficking grows, law enforcement will
receive more tips that will lead to further investigations and prosecutions under the task force model in the future.
Legislative efforts in Ohio have spurred awareness of human
trafficking in the state and have provided tools to prosecute
traffickers and provide much-needed services to victims. Ohio’s
first stand-alone human trafficking law became effective in 2011
with the passage of Senate Bill 235, which created the crime of
trafficking in persons in the Ohio Revised Code. Trafficking in
persons is defined as to knowingly recruit, lure, entice, isolate,
harbor, transport, provide, obtain, or maintain, or knowingly
attempt to do any of these things, to a person knowing that the
person will be either be:
1) Subjected to involuntary servitude (labor trafficking); or
2) Compelled to engage in sexual activity for hire, engage in
a performance that is obscene, sexually oriented, or nudity
oriented, or be a mode or participant in the production of
material that is obscene, sexually oriented, or nudity oriented (sex trafficking).15
The statute explicitly defines compulsion in a trafficking in persons
case, as requiring proof that the victim’s will was overcome by
“force, fear, duress, or intimidation.”16
In June 2012, the Ohio Legislature passed House Bill 262, Ohio’s
Safe Harbor Law, to strengthen the trafficking in persons statute.
This new statute raised the penalty for trafficking in persons from
a second degree to a first degree felony with a mandatory prison
term of 10 to 15 years.
www.ohiobar.org
Additionally, sex traffickers convicted of trafficking in persons
are now required to register as sex offenders.17 Furthermore, the
penalty for obstruction of justice in trafficking in persons cases
was raised to a second degree felony to discourage traffickers (or
those associated with traffickers) from intimidating the victim
witnesses to discourage their cooperation in the case.18 Penalties
in Ohio law now closely mirror those at the federal level, making state prosecution of these cases a reasonable alternative to
federal proceedings.
The Safe Harbor Law also provides assistance for human trafficking victims seeking to heal from the trauma of this crime. The
law created an abeyance procedure that allows juvenile judges to
hold a hearing to determine whether a minor in juvenile court is
a human trafficking victim and provides a procedure temporarily
to set aside a complaint for a prostitution-related or other offense
related to a minor’s human trafficking victimization pending the
completion of diversion actions.19 This provision was a compromise in the debate over how best to ensure the safety and wellbeing of minor human trafficking victims.
“
As public awareness of
human trafficking grows, law
enforcement will receive
more tips that will lead to
further investigations and
prosecutions.
”
Some states have passed laws that prohibit arresting a minor for
prostitution-related offenses on the basis that the arrest further
traumatizes the victim. However, the realities of “trauma bonding”
in human trafficking cases and the level of control by traffickers
over their victims make it likely that a minor victim will return to
the abusive trafficker after rescue. The abeyance procedure created
by the Safe Harbor Law allows minor human trafficking victims
to be held and supervised by the juvenile court until services are
provided to address the underlying trauma that often keeps the
victim chained to the trafficker long after being rescued.
The Safe Harbor Law also contains provisions to assist adult human trafficking victims. Victims of human trafficking now can
apply to the court to have their prior solicitation, loitering to
engage in solicitation and prostitution records expunged.20 This
provision seeks to reverse the damage that has been created by
decades of simply arresting the victim for prostitution without
investigating whether the victim might have been forced to commit the act.
Finally, the law authorizes human trafficking victims to file a civil
suit against their traffickers and receive compensatory and punitive
damages for harm sustained as a result of their victimization.21
Another major component of the Safe Harbor Law requires law
enforcement training and data collection. All peace officers now
are required to have training in handling trafficking in persons
violations as a part of basic peace officer training.22 The Ohio
Attorney General’s Office, through the Ohio Peace Officer’s
Training Academy, has woven human trafficking training into the
curriculum of the basic peace officer training for new law enforcement officers, and has created a series of online and in-person
Ohio Lawyer
9
training for current law enforcement officers. Since the passage
of H.B. 262 last summer, law enforcement officers have taken
35,000 online human trafficking courses.
New legislation, training efforts, and increased public awareness
have resulted in increased human trafficking investigations and
prosecutions across the state. According to data collected by the
Ohio Attorney General’s Bureau of Criminal Investigations, local
law enforcement agencies report 30 trafficking in persons investigations since last summer.23 The past year has brought the first
cases under the state trafficking in persons law and the first conviction. Kevin Donaldson was convicted by a jury verdict in Wood
County: he received a 12-year prison sentence. Other defendants
have been arrested and charged with trafficking in persons in
Knox, Delaware and Franklin counties, and have been convicted
by trial or plea of lesser related charges.
Trafficking in persons cases are particularly ripe for plea bargaining because human trafficking victims are often too afraid to
testify against their traffickers, or the victim is unavailable for trial
because of an unresolved drug addiction that began as a coping
mechanism to deal with the trafficking victimization. State efforts
are leading to the identification of more human trafficking victims
and getting stiffer penalties for the traffickers who exploit them.
There are many ongoing efforts at the state level further to address human trafficking. House Bill 130, the “End Demand
Act,” was developed by the Legal and Legislative Subcommittee
of Attorney General DeWine’s Human Trafficking Commission.
The bill is being sponsored by Representative Teresa Fedor, the
Legal and Legislative Subcommittee chair, and was introduced
on April 16, 2013. This legislation will make it easier to target
those who recruit minors into sex trafficking by removing the
need to prove that the victim was compelled to act. If passed,
this law will make the Ohio Trafficking in Persons law resemble
the federal TVPA by recognizing that minors are more easily manipulated by traffickers and cannot consent to commercial sexual
activity. The bill also targets johns who purchase sex with minors,
makes it easier to terminate the parental rights of parents who
traffic their children, and provides greater protections for victim
witnesses during the trial. The End Demand Act will further assist law enforcement in arresting and prosecuting those who prey
upon our most vulnerable.
As Ohio continues to make great strides in combatting human
trafficking, efforts are underway to better understand labor trafficking in Ohio, to continue to prosecute traffickers and johns,
and to build a system of services for the victims who are left
broken by these traffickers and in need of restoration and healing.
The paradigm shift in seeing human trafficking victims as victims
and vigorously going after those who exploit them is having an
impact that reaches beyond the criminal justice system to benefit
the citizens of our state. �
Melinda Sykes Haggerty serves as the Director of
Children’s Initiatives for Ohio Attorney General
Mike DeWine. In this role, she facilitates the
Attorney General’s Human Trafficking Commission and delivers training on human trafficking
issues across Ohio. She lives in Columbus and is
a graduate of the Ohio State University Michael
E. Moritz College of Law.
Ohio Lawyer 1 U.S. Dep’t of State, Trafficking in Persons Report 7 (2013).
2 Fed. Bureau of Investigation, Operation Cross Country: Recovering
Victims of Child Sex Trafficking, July 29, 2013, www.fbi.gov/news/
stories/2013/july/operation-cross-country-recovering-victims-of-childsex-trafficking.
3 Polaris Project, Street Prostitution, www.polarisproject.org/humantrafficking/sex-trafficking-in-the-us/street-prostitution (last visited Sept.
3, 2013).
4 22 U.S.C. §7102 (2000).
5 U.S. Dep’t of State, Trafficking in Persons Report 381 (2013).
6 Ohio Att’y Gen. Office, Ohio Trafficking in Persons Study Commission
2010 Year End Report 5 (2010).
7 Ohio Att’y Gen. Office, 2012 Domestic Sex Trafficking Report 2
(2012).
(2012).
(2012).
10 Taryn Mastrean, “Protected Innocence Initiative Part 2: Criminal Provisions Addressing Demand,” Shared Hope International, Nov. 5, 2011
(available at http://sharedhope.org/2011/11/05/protected-innocenceinitiative-part-2-criminal-provisions-addressing-demand/); Jake Grieco,
“Human Trafficking Report Released,” The News Record, Jan. 27, 2013
(available at www.newsrecord.org/news/article_dc16127c-68fa-11e296ec-001a4bcf6878.html).
11 Press Release, “U.S. Attorney’s Office Northern District of Ohio, Toledo
Woman Charged with Human Trafficking” (Aug.16, 2012) (available at
www.justice.gov/usao/ohn/news/2013/16auggint.html).
12 Press Release, “Attorney General DeWine Announces Formation of
Central Ohio Human Trafficking Task Force; First Investigation Leads
to Indictments, Arrests” (Oct. 4, 2012) (available at www.ohioattorneygeneral.gov/Media/News-Releases/October-2012/Attorney-GeneralDeWine-Announces-Formation-of-Cen).
13 Press Release, “Attorney General DeWine Announces Formation of
Central Ohio Human Trafficking Task Force; First Investigation Leads
to Indictments, Arrests” (Oct. 4, 2012) (available at www.ohioattorneygeneral.gov/Media/News-Releases/October-2012/Attorney-GeneralDeWine-Announces-Formation-of-Cen).
14 Press Release, “Attorney General DeWine, Prosecutor O’Brien Announce Human Trafficking Indictment” (Oct. 2, 2012)
(available at www.ohioattorneygeneral.gov/Media/News-Releases/October-2012/Attorney-General-DeWine-Prosecutor-O-Brien-Announc).
15 R.C. §2905.32.
16 R.C. §2905.32(B).
17 R.C. §2905.32(E); Ohio Rev. Code § 2950.01
18 R.C. §2921.32(C)(6).
19 R.C. §2152.021.
20 R.C. §2953.38.
21 R.C. §2307.51.
22 R.C. §109.73.
23 Ohio Att’y Gen. Office, Local Law Enforcement Human Trafficking
Statistics 1 (2013).
ATTENTION LITIGATION STAFF
Author bio
10
Endnotes
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Ohio Lawyer
11
Blue skies above?
Legal ethics and cloud storage
By Karen E. Rubin
Storing client files and other confidential information in “the cloud” while adhering to ethical rules
and guidelines can be tricky—and beneficial—for lawyers practicing law in the digital era.
12
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If you are looking for ways to bring your law office management
into the digital age, you might be considering “the cloud.” For
instance, using the cloud to store your client data can (at least
potentially) increase access to the data, reduce costs and boost
efficiency. But there are ethics issues to consider as you make
decisions about using the cloud—and there is a new informal
advisory opinion from the Ohio State Bar Association’s Professionalism Committee that can help guide Ohio lawyers.
First, here is some background. What is the cloud, and how does
it work? Cloud computing has been facetiously described as
when “stuff’s not on your [own] computer.”1 This is an apt
description, because data that is in the cloud is saved and stored
on off-site computers, instead of your office computers. A storage
system that is in the cloud is administered by a third-party vendor
instead of you or your office personnel. When you want to access
the stored data, you use the Internet to connect to the vendor’s
database, so that “your computer becomes just a way of getting
to your stuff.”2
You are probably already using the cloud in your personal digital
life. For instance, Web email is a form of cloud storage—providers such as Google store your messages on their servers, and you
access your email from your own device by connecting to the
Internet. Dropbox and Google Docs are other familiar providers
of cloud storage.
Cloud computing is more than just storing data in the cloud. For
instance, cloud computing also includes “software as a service,” or
“SaaS,” in which a vendor hosts software applications and makes
them available to customers over the Internet. SaaS can augment
or replace individual ownership or licensing of software. “Platform as a Service” or “PaaS” is another aspect of cloud computing. PaaS has been described as “a way to rent hardware, operating
systems, storage and network capacity over the Internet.”3
However, there are significant ethics issues to consider when using
the cloud in your legal practice, because in many of its variations,
this involves turning client confidential information over to the
control of a third party. Of course there is risk in relinquishing
client data to a third party, even in the nondigital world of bricks
and mortar. Storage facilities burn; floods happen; a meteor can
destroy a building.4 But perhaps because it involves relatively new
technology that is not well-understood by non-experts, cloud
storage raises more concern than traditional forms. And indeed,
storing data in the cloud is not without some unique risks,
including outages resulting from technology glitches and even
from bad weather.5 Malicious disruption of the cloud remains a
nightmare scenario.6
Ethics committees in more than a dozen jurisdictions have issued
opinions on various aspects of cloud computing.7 In July 2013,
the OSBA’s Professionalism Committee weighed in with an informal advisory opinion on the subject of storing client data in the
cloud.8 The committee concluded that the Ohio Rules of Professional Conduct (ORPC) permit cloud storage, as long as lawyers
observe several key rules.
First, the opinion points out that Ohio’s lawyer conduct rules
are adaptable and able to address new technology. For instance,
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in 1970, when the now-superseded Ohio Code of Professional
Responsibility was enacted, email was not even a glimmer on
the horizon. Nonetheless, the former disciplinary rule on client
confidentiality was easily found to apply to email and the various ethical duties in handling it.9 Likewise, despite the digital
technology involved in storing client data in the cloud, the OSBA
Professionalism Committee found that the issues and ethical duties are not significantly different from those arising when lawyers
store data the old-fashioned way.10 Therefore, instead of microlegislating specific cloud storage security requirements or practices
that would be quickly overtaken by technology advances, the
committee expressed the view that with proper guidance lawyers
could look to the applicable ethics rules with “specific practices”
being left to the lawyer’s exercise of judgment: “Specific practices
regarding protection of client property and information have always been left up to individual lawyers’ judgment, and that same
approach applies to the use of online data storage.”11
Recently, the American Bar Association adopted amendments to
the Model Rules of Professional Conduct that reflect the same
approach. As a result of the work of the Commission on Ethics
20/20, the Model Rules and comments were tweaked to acknowledge digital technology, but no specific regulations were adopted.
For example, a new comment to Model Rule 5.3, regarding supervising nonlawyers who provide support services, now provides
that lawyers may use nonlawyers to help render legal services,
including “using an Internet-based service to store client information,” but that the extent of the lawyer’s supervisory obligation
as to such providers “will depend upon the circumstances.”12
(The Ohio Supreme Court has not yet adopted any of the revised
provisions of the Model Rules.13)
The OSBA Professionalism Committee’s opinion identifies four
key ethics considerations in the cloud storage of client data:
• Competently selecting the vendor;
• Preserving confidentiality and safeguarding client property;
• Supervising cloud vendors; and
• Communicating with the client.
The duty of competence under ORPC 1.1 requires a lawyer to exercise the “legal knowledge, skill, thoroughness, and preparation
reasonably necessary for the representation.” Selecting an outside
vendor for any type of legal support services has been held to
require a lawyer to exercise “due diligence as to the qualifications
and reputation of those to whom services are outsourced,” as well
as due diligence in determining whether the third-party vendor
will provide services competently and diligently.14 The committee pointed to several resources that can help lawyers select an
appropriate vendor.15
When it comes to selecting a cloud storage vendor, the committee
stressed not only the vendor’s reputation and qualifications, but
also the importance of reading and understanding the terms-ofservice agreement. The opinion lists the following questions that
can frame your approach to the agreement:
Ohio Lawyer
13
• What safeguards does the vendor have to prevent confidentiality breaches?
• Does the agreement create a legally enforceable obligation on
the vendor’s part to safeguard the confidentiality of the data?
• Do the terms of the agreement purport to give “ownership”
of the data to the vendor, or is the data merely subject to the
vendor’s license?
• How may the vendor respond to government or judicial attempts to obtain disclosure of your client data?
• What is the vendor’s policy regarding returning your client
data at the termination of its relationship with your firm?
• What plans and procedures does the vendor have in case of
natural disaster, electric power interruption or other catastrophic events?
• Where is the server located (particularly if the vendor itself
does not actually host the data, and uses a data center located
elsewhere)? Is the relationship subject to international law?
With respect to data ownership issues, the opinion advised that
agreement terms giving the cloud storage vendor “ownership”
rights in the stored data would violate ORPC 1.15(a), which
requires that client property “be identified as such.”16
The second key ethics concern is the confidentiality of client
data stored in the cloud. Under ORPC 1.6(a), a lawyer “shall
not reveal information relating to the representation of a client.”
Implicit in that duty, the committee opined, is “to maintain the
confidentiality of all client data relating to the representation,
irrespective of the form of that data.”17 The committee acknowledged that storing client data in the cloud could present the risk
of unauthorized disclosure—just as storing a client’s paper files
offsite does. In neither case can a lawyer guarantee that client
confidentiality will never be breached.18 The issue is analogous
to communicating with clients by email: There is a risk that a
confidential message can be intercepted, just as there is a risk that
postal mail or a telephone communication can be intercepted,
or a face-to-face conversation can be overheard. Yet, lawyers are
permitted to use any of these methods to communicate with
clients, without taking extraordinary precautions such as encrypting their emails.19 Therefore, the committee advised, the duty of
confidentiality with respect to cloud storage involves competently
selecting a vendor, staying abreast of technology issues affecting data storage and carefully considering whether particularly
sensitive client information should be stored in the cloud at all.20
The secret recipe for Coca-Cola, for instance, probably does not
belong in the cloud.
The third ethics issue connected to cloud storage is the duty to
supervise cloud vendors. Rule 5.3(a)-(b) of the ORPC requires
that law firms and individual lawyers make reasonable efforts to
ensure that the conduct of a nonlawyer employed by the lawyer
is “compatible with the professional obligations of the lawyer.”
These duties apply whenever lawyers outsource nonlegal support services, which have been defined to include all varieties of
“ministerial” services that the lawyer does not provide in-house,
and that are nonlegal in nature.21 The extent of vendor supervision, though, is “a matter of professional judgment for an Ohio
lawyer,” so long as the lawyer exercises due diligence with respect
to the vendor’s qualifications, competence and ability to protect
confidentiality.22 As applied to cloud storage, these concepts
point again to the lawyer’s judgment, and the necessity of vetting
the cloud-storage vendor.
Last, the committee advised that the lawyer must use judgment to
determine whether circumstances require client consultation before storing the client’s data in the cloud.23 Rule 1.4(a)(2) requires
a lawyer to “reasonably consult with the client” about how the
client’s objectives are to be accomplished. But in line with other
jurisdictions that have considered the issue, the OSBA Professionalism Committee stopped short of recommending such consultation in all circumstances. The committee concluded that whether
the lawyer should consult with the client about plans to store the
client’s information in the cloud depended on the sensitivity of
the data involved.
Using the cloud to store client data can benefit you in managing
your practice, and the Professionalism Committee’s informal advisory opinion should provide some clear guidance to Ohio lawyers
who would like to embrace the digital age. By proceeding with
due regard for Ohio’s ethics rules, there are blue skies above. �
Author bio
Karen E. Rubin is counsel at Thompson Hine LLP.
She is a member of the firm’s Conflicts/Ethics
Committee and counsels internal and external
clients on ethics issues. Karen is vice chair of the
OSBA Professionalism Committee, which issued
the opinion discussed in this article. Karen is
also a vice chair of the Cleveland Metropolitan
Bar Association’s Certified Grievance Committee.
14
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Endnotes
1 Formal Op. 2011-200, 1 (Pa. Bar Ass’n. Comm. on Legal Ethics &
Prof ’l Respon. 2011) (quoting Quinn Norton, Byte Rights, Maximum
PC (Sept. 2010)).
2 Quinn Norton, Byte Rights, Maximum PC (Sept. 2010). For a more
detailed description of the process, see J. Strickland, How Cloud Storage
Works, http://computer.howstuffworks.com/clouud-computing/cloudstorage1.
3 SearchCloudComputing, Platform as a Service, http://searchcloudcomputing.techtarget.com/definition/Platform-as-a-Service-PaaS.
4 See “Blaze in storage facility destroys belongings,” CBC News (Jan.
9, 2012, 7:56 a.m. ET) (reporting on fire at Toronto storage facility causing total loss of contents), www.cbc.ca/news/canada/toronto/
story/2012/01/09/osler-fire-street.html; See, “Meteorite-caused
emergency situation regime over in Chelyabinsk region,” Russia Beyond
the Headlines (English version) (Mar. 5, 2013) (describing damage and
destruction affecting thousands of buildings when a meteorite blasted
above the Chelyabinsk region in Russia on February 15, 2013), http://
tinyurl.com/kzkw8kz.
5 See J. R. Raphael, “The worst cloud outages of 2013 (so far),” InfoWorld (July 1, 2013) (describing, among others, day-long outage at
Dropbox in January 2013 caused by never-specified server problem),
http://tinyurl.com/lfvlau8; Mikael Ricknäs, “Lighting strike in Dublin
downs Amazon, Microsoft clouds,” Computerworld (Aug. 8, 2011, 8:02
a.m. ET) (describing Dublin, Ireland, lightning strike to a transformer
servicing data centers, causing cloud services to go offline for several
hours), http://tinyurl.com/4ytzghw.
6 Ellen Messmer, “Startup Defense.Net debuts with anti-DDoS service,”
InfoWorld (Aug. 6, 2013, 8:20 a.m.) (describing product aimed at
stopping denial-of-service attacks against enterprises and cloud service
networks), http://tinyurl.com/lpya4zp.
7 See Am. Bar Ass’n, Cloud Ethics Opinions Around the U.S., http://
tinyurl.com/733gyr8. Not yet included on the ABA’s chart summarizing cloud ethics opinions is Florida’s 2013 opinion. See Op.
12-3 (Fla. Bar Prof ’l Ethics Comm. Jan. 25, 2013) (concluding that
lawyers may use cloud computing assuming that lawyer researches
the service provider, and that lawyers take “reasonable precautions”
to ensure confidentiality, adequate security and adequate access to
remotely stored information).
8 OSBA Inf. Adv. Op. 2013-03 (July 25, 2013), available at www.ohiobar.org/ForPublic/LegalTools/Documents/OSBAInfAdvOp2013-03.
pdf. The Professionalism Committee of the Ohio State Bar Association issues informal, non-binding advisory opinions on the application of the Ohio Rules of Professional Conduct.
9 Id. at 2 (citing Ohio Adv. Op. 99-2 (Ohio Bd. of Comm’rs on Grievances & Disc. Apr. 9, 1999)).
10 Id. at 2.
11 Id. (quoting Adv. Op. 2215, 2 (Wash. St. Br Rules of Prof ’l Cond.
Comm. 2012)).
12 Model R. Prof ’l Cond. 5.3 cmt. [3].
13 See Univ. of Akron Miller-Becker Ctr. for Prof ’l Respon., Navigating the Practice of Law in the Wake of Ethics 20/20 - Globalization,
New Technologies, and What It Means to be a Lawyer in these Uncertain Times (Apr. 4-5, 2013) (examining Ethics 20/20’s work and its
impact in Ohio and elsewhere), http://tinyurl.com/lblj6q8; Frank E.
Quirk, “Lawyer Ethics for the 21st Century,” Ohio Lawyer, Jan. - Feb.
2013, at 19-21 (discussing Ethics 20/20, including possible future
impact on ORPC).
14 OSBA Inf. Adv. Op. 2013-03 at 3 (quoting Ohio Adv. Op. 2009-6
(Aug. 14, 2009)).
15 Id. at 3 n. 2. Cited resources include: John Edwards, “How to Pick
the Best Cloud,” Law Technology News (June 11, 2013), http://tinyurl.com/k77w2sg; Nicole Black & Matt Spiegel, “Breaking Down
Cloud Computing,” ABA Section of Litigation (Feb. 7, 2013),
www.ohiobar.org
16
17
18
19
20
21
22
23
http://tinyurl.com/ksaeww8; Am. Bar Ass’n, “Moving Your Law Practice
to the Cloud Safely and Ethically” (Jan. 14, 2013), available at http://
tinyurl.com/kr3s2xw; Am. Bar Ass’n, “Evaluating Cloud-Computing
Providers” (YourABA June 2012), http://tinyurl.com/l7b9wfh. See
generally, Nick Pournader, “Embracing Technology’s ‘Cloudy’ Frontier,”
Law Practice Today (webzine of ABA Law Practice Management Section)
(Oct. 2010), http://tinyurl.com/k54f3gh.
OSBA Inf. Avd. Op. 2013-03 at 4 n.2, 5.
Id. at 4.
Id. at 5.
See Ohio Adv. Op. 2009-6, 9-10 (Ohio Bd. of Comm’rs on Grievances
& Disc. Aug. 14, 2009) (even though communication may be susceptible to interception, no additional security method such as encryption
required for e-mail; attorney must use professional judgment in protecting confidentiality).
OSBA Inf. Adv. Op. 2013-03 at 5.
Ohio Adv. Op. 2009-6 at 3.
Id. at 8.
OSBA Inf. Adv. Op. 2013-03 at 6.
Ohio Lawyer
15
Finances 101:
Taking control of your financial future
By Alana C. Jochum
16
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Today’s new lawyers may find themselves
struggling under the burden of law school
debt and the stresses of an increasingly
competitive job market, but there are
still important steps they can take to
ensure their financial well-being.
It is a fact of life: Law students are graduating with more debt than ever before—
often layered on top of significant debt
from undergrad—and fewer are getting
legal jobs right out of school. Most legal
jobs do not offer six-figure salaries, or at
least not at the beginning. Even if it feels
as though every penny is gone before it
is earned, sticking your head in the sand
about finances as a young lawyer is setting
yourself up for disaster.
This article is a guide to some of the
financial basics to consider immediately
on graduating and while establishing your
career. It is for all income earners—whether you are in “big law” or getting started
as a solo practitioner—and it is a longterm plan. The steps are listed in order of
importance, but your plan should consider
all of them simultaneously (e.g., focus on
paying down credit cards while paying student loans). Even if you cannot contribute
more than a few dollars each month toward these goals, the most important step
is to start. Planning for the future should
not take a back seat, even if your starting
salary is low and your student debt is high.
Make wise lifestyle choices
After pinching pennies through undergrad
and law school, it is tempting to want to
splurge once you have a paying job. And
if you are at a large firm, implicit or explicit pressure can make you feel as though
you “need” a nicer car or suit or house to
“look the part.” Resist it. Let your good
work speak for itself, and take pride in
your frugality. You do not need to deprive
yourself of all luxuries, but being conscious about your purchases and why you
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are making them when you do will help
your financial well-being and will keep
you grounded in a materialism-driven culture. If you do want to treat yourself with
something pricey, save for it in advance
and purchase it only when you can pay for
it out of your savings.
Pay off your credit cards
Interest can be your friend, or it can be
your enemy. If you have a credit card balance at the end of the month, it will hinder all your other financial goals. Average
interest rates on credit cards range from
14 percent to 28 percent—a far higher
rate than school or mortgage loans, and
well-above average earnings in the stock
market. Although credit cards can be a
valuable tool, until you can—and do—pay
off the balance at the end of each month
they are holding you back from financial
freedom. Eliminating credit card balances
should be your top priority. Here are some
ways you can do that.
• Set up a payment plan. Identify all
outstanding credit card balances you
have, and pay the highest interestbearing balance off first (while paying
at least the minimum amount on
all balances you have). You should
be paying much more than the
minimum payment on this high-rate
card—you are trying to eliminate its
balance entirely.
• Do not add to the balance. Put
the credit card in a bowl of water
in the freezer to literally “freeze”
your spending or cut it up until the
balance is paid off. By physically
preventing access to the card, you
reinforce your commitment to your
goal. Use cash for your purchases in
the interim to eliminate “pain free”
credit card spending.
• Once paid off, make your card work
for you. Credit cards can help you earn
airline miles, cash back, and other valuable rewards. Find a credit card with a
low (or preferably no) annual fee, use it
for your monthly purchases, and then
pay the balance off each month. Consider the UPromise credit card, www.
upromise.com, which gives you money
back toward your student loans from
your everyday purchases.
Create an emergency fund
This should be a separate account specifically set aside for emergencies—and
upgrading to an iPhone 5 is not an emergency. Generally, this fund should have
enough money to cover your expenses for
three to six months (and some advisers
suggest saving even more). Keep these
savings liquid in a high-interest savings account, and pledge not to touch
them except in true emergencies, such as
unexpected repairs to a car, loss of a job or
unanticipated medical bills.
• Take advantage of online banking.
Online banks often offer higher interest rates than traditional banks. Plus,
because you can not visit the bank to
make a withdrawal, they can reduce
your temptation to access the funds
while still being liquid enough for
an emergency.
Ohio Lawyer
17
• Contribute each month until you
make your goal. When you reach
your emergency fund savings goal,
celebrate! Then, because you are
already used to making this monthly
payment, put the payment towards a
retirement account, student loan debt,
or a brokerage account.
Build your 401(k)
The best way to make interest work for you
is by saving early. Your 401(k) is money
that you put away now before taxes which
cannot be accessed (without paying a
penalty) until age 59 ½. Your 401(k) funds
can be invested in a variety of stock, bond,
and money market plans to grow over the
course of your lifetime to help prepare you
for retirement. In 2013, the maximum
yearly contribution that can be made to a
401(k) is $17,500 (about $730 per pre-tax
paycheck on a bimonthly pay cycle). The
benefit of funding your 401(k) is that you
reduce your overall taxable income while
stashing away valuable funds to grow over
time. And because the money is automatically taken out from your paycheck before
taxes, you will hardly notice it is missing.
• Enroll in your employer’s 401(k)
plan or open a Solo 401(k) if you are
self-employed. Work with your HR
representative to set up the account
and begin deducting from your paycheck. If you are self-employed, you
can open a Solo 401(k) with an asset
management company, such as Fidelity or Vanguard.
• Take advantage of employer matches.
Many companies will match contributions you make to your 401(k) up to
8 percent or more of the maximum
$17,500. If your employer matches
contributions, at a minimum, contribute an amount that matches this
rate. This is free money—even if you
cannot contribute the full $17,500
per year, contribute enough to get the
free match. Do not make the mistake
of passing up this free money, even to
pay down student debt!
• Deduct the maximum if possible.
By contributing as close to the maximum allowable each year, you gain
the benefit of those extra years of
tax-free compound interest to grow
your balance.
18
Ohio Lawyer Tackle student loans intelligently
Student loans are “good” debt in that they
allowed us all to get the education that is
our earning power. But they can seem formidable at first. Try these steps to reduce
your balance and anxiety:
• Do your homework. See if there is
a governmental program that can
reduce your debt based on your job
and years of service. Check out www.
studentaid.ed.gov/repay-loans/forgiveness-cancellation to see if you qualify
for one of the many plans now available to cancel some or all of your debt
after minimum payments are made.
• Strategically pay off your loans. List
out each student loan you have and
rank them by interest rate. Whichever
loan has the highest rate—regardless
of the base principal amount—should
be the loan you attack first. Pay just
the minimum amount on all student
loans you have, then pay more on
the loan with the highest interest rate
with extra cash after you have tackled
steps 1-4 above.
• Reduce your student loan interest
rate. Some loan providers will reduce
your interest rate by 0.25 percent or
more if you sign up for automatic
monthly payments. Call your loan
servicer and enroll in their auto-pay
program. It is free, and it will also prevent you from accidentally making a
late payment, which can rack up fees.
Open a brokerage account
A brokerage account is an account with
an asset management firm (think Fidelity,
Charles Schwab, etc.) that allows you to
invest that money in the financial markets.
By investing in a brokerage account, you
can grow your savings through stocks,
bonds, and funds while keeping your
assets more readily accessible (e.g., no
penalty for early withdrawal like with a
401(k)). Specifically, consider an account
through an investment firm dedicated
to low investor fees, such as Vanguard.
Compare rates of various funds by looking
at the “expense ratio,” which is the fee you
pay for management of the fund. Index
funds, which try to track the stock market
long-term rather than beat it, usually have
much lower expense ratios than do highly
managed mutual funds. Also consider
ETFs, which can have even lower fees
than index funds. Automatic investment
contributions can be set up for your account, and by committing to even a small
automatic contribution—say, $10 to $50
per week—you will be amazed at how
quickly your investment grows.
The above outlines the fundamentals for
young lawyers to reduce debt and build
wealth. Even if you cannot contribute
significantly to each area of the plan, start
by setting up the accounts and making
small contributions. Create a budget that
includes these steps as part of your plan
(www.mint.com has great budgeting tools)
and stick to it. You do not need the highest salary to reach financial freedom—discipline and dedication to your goals will
get you further than most.
For more guidance on how to take practical steps now to secure your financial future, try these quick and interesting reads.
• Millionaire Teacher: The Nine Rules of
Wealth You Should Have Learned in
School, Andrew Hallam (2011).
• The Millionaire Next Door: The
Surprising Secrets of America’s Wealthy,
Thomas Stanley & William Danko
(1996, 2010).
• The 9 Steps to Financial Freedom: Practical and Spiritual Steps So You Can
Stop Worrying, Suze Orman (2001).
• The Truth About Money, Ric Edelman
(1996, 1998, 2000). �
Author bio
Alana C. Jochum is an
associate attorney at
Squire Sanders (US) LLP.
Her practice focuses on
complex civil litigation,
including product liability
and commercial disputes.
She also assists corporations in developing and implementing global compliance
programs.
www.ohiobar.org
Inside OSBA
Allowable self-study
hours increasing
Casemaker now
includes Casecheck+
The number of CLE hours you
may earn through self-study will
increase from 6 to 12 starting on
January 1, 2014. To meet the expanding self-study needs of Ohio
lawyers, OSBA CLE launched a
new Quick Webcast Series, increased our archived online CLE
selection and put in place special
bundled pricing that significantly reduces costs.
Casecheck+ is a negative citator system that rivals Shepards and
KeyCite. When you search Casemaker an icon appears next to
each case to show whether that case has experienced any negative treatment. A green thumbs-up icon means the case is currently good law while a red thumbs-down icon means that a case
has received negative treatment.
For the best quality, selection and price, visit us at today at
www.ohiobar.org/selfstudy. �
To access Casemaker, go to www.ohiobar.org/casemaker. �
Renew your OSBA
membership for 2014
Thank you for supporting the Ohio State Bar Association this
year! As we near the end of 2013 and another busy bar year, we
are very excited for what 2014 will bring. We hope we can count
on your continued support and participation. Your 2014 OSBA
dues statement will be mailed in late November. Watch for more
information in your email inbox or visit www.ohiobar.org/dues.
Casecheck+ doesn’t stop there. It allows a close examination of
the negative treatment itself. With this enhancement, Casemaker
now provides you with a quick, easy and free way to be confident the cases you cite are good law.
OSBA to begin certifying
attorneys as specialists in elder law
The Ohio State Bar Association is now accredited by the Supreme Court of Ohio Commission on Certification of Attorneys
as Specialists to certify lawyers as specialists in elder law. For
complete list of pre-approved CLE or eligibility information,
including application deadlines, visit www.ohiobar.org/specialization or call Melissa Quick at (800) 282-6556 or (614)487-4411. �
Renew prior to Dec. 31 and enjoy uninterrupted delivery of all
your OSBA member benefits. Thank you for your continued
support of the Ohio State Bar Association. �
Todd Book joins OSBA
Portsmouth native Todd Book is the Ohio State
Bar Association’s new legislative counsel. Book’s
duties include management, coordination and administration of the OSBA legislation and government relations program, through interaction with
the Ohio General Assembly, administrative agencies of the state of Ohio and OSBA committees
and sections. He will assist OSBA committees and sections in
preparing their legislative proposals.
Most recently, Book served as economic development director
for Scioto County. He was also a partner in the firm of Harcha,
Book & Beck, where he focused his practice on probate, estate
planning, real estate and general litigation. In addition, he has
worked in the Scioto County Prosecutor’s Office as an assistant
prosecutor.
Book, a former four-term member of the Ohio House of Representatives, was first elected in 2002. He served the 89th House
District, which includes all of Scioto County, the western half
of Lawrence County and the eastern half of Adams County in
Southern Ohio, from 2003-2010. �
www.ohiobar.org
Ohio Lawyer
19
Practice Tips
The motion in limine as a Trojan horse
by Mary Jane Trapp and Daniel T. Cronin
It is mere days before trial. You have just
received the defendant’s lengthy motion
in limine seeking exclusion of all evidence
related to your breach of contract claim,
based on the statute of frauds. Essentially,
the defendant has filed a dispositive motion under the guise of a motion in limine.
The motion does not actually list any evidence to exclude; the defendant is actually
looking for a judicial determination of a
legal issue. Some motions in limine may
even go on to seek dismissal. Maybe your
opponent does not understand the limited
purpose of motions in limine, but this tactic is sometimes employed to:
• “Sand-bag” an issue to catch the opposition off-guard;
• File a dispositive motion when trial is
imminent, after avoiding the early cost
of a motion for summary judgment
with the hope of settlement; or
• Remedy a failure to comprehend an
important issue until fully immersed
in the case.
Since you are at trial’s threshold, how will
you respond?
While not specified in the civil rules or
evidence rules, a motion in limine requests
a ruling limiting the introduction of evidence during trial. The trial court’s authority to entertain a motion in limine is found
in the court’s inherent authority to control
the presentation of evidence.1 A motion
in limine’s effect is to temporarily prohibit
any reference to the evidence that is the
subject of the motion.2
The appropriate use of
the motion in limine
A motion in limine is used to anticipate
and avoid the introduction of prejudicial,
irrelevant or inadmissible evidence at trial.3
Advocates may use a motion in limine
in two different ways: as the equivalent
of a motion to suppress evidence when
evidence is neither competent nor proper,
20
Ohio Lawyer and as a means of raising objection to an
area of inquiry to prevent prejudicial questions and statements until the admissibility
of the questionable evidence can be determined by the court outside the presence
of the jury.4
The Trojan horse motion in action
However, some attempt to use a motion
in limine to dispose of some or all of the
opposition’s claims without complying
with the rules of practice and procedure.
But “a motion in limine cannot properly
be used as a vehicle to circumvent the requirements of the Civil Rules.”5
For example, in Vitanza v. First National
Supermarkets, Inc., a wrongful discharge
case, the defendants filed motions in limine to exclude evidence of emotional
distress, claiming plaintiffs were unable
to produce any evidence of outrageous
conduct or severe emotional distress.6 The
court granted these motions and then sua
sponte dismissed plaintiffs’ emotional distress claim.
On appeal, plaintiffs argued that the court
improperly dismissed that claim, since the
outrageousness of the conduct was a factual determination that should have been
determined by a jury. The appellate court
found that the dismissal of the emotional
distress claim was improper since there
was no pending motion seeking such relief, and probably more importantly, no
notice of the intent to dismiss was given
to the affected party.7 The court observed
that “a motion in limine cannot be used
as a substitute for a dispositive motion.”8
While the sufficiency of evidence can be
challenged in a variety of other ways, “[i]n
no case can a motion in limine be used to
exclude evidence based on the argument
that the evidence is legally insufficient to
support a claim or defense.” 9
Ultimately, the Vitanza court found the
error harmless based on the lack of evidence available to support the claim for
relief, however, the defendants still bore
the cost of defending the appeal because
of the procedural impropriety.
Similarly, in Lin v. Gatehouse Construction
Company, the trial court granted the dismissal requested via a motion in limine.10
The appellate court reversed, finding that
“[e]ven if the court had a proper basis to
dismiss these claims, the appropriate vehicle to do so was a motion for dismissal,
not a motion in limine. Clearly, an evidentiary motion is not the proper way to dismiss those causes of action not otherwise
settled by the parties.”11
While an amendment to the rules of practice and procedure or a local rule banning
the use of motions in limine as dispositive
motions could potentially be enacted, a
new rule would offer no real solution to
this problem. It is always going to be left
to the judge to determine whether a motion in limine addresses a proper subject
(the admissibility of evidence) or whether
it is a subterfuge. Instead, advocates should
ask the court to look to the substance of a
motion over its form.12 Simply put, argue
that the motion in limine is being put to an
improper use, as was done in Miller v. Miller
& Miller Accountants, Inc., for example,
where the court determined that the sua
sponte grant of a directed verdict based
on the tellingly titled “motion in limine to
dismiss” was improper since the timing of
Civil Rule 50 was not observed.13
Just as the wily Greeks slipped into Troy
by hiding inside of a wooden horse, your
opponent may try to pass off a belated
dispositive motion by calling it a motion
in limine. Whether you choose to respond
substantively to the arguments raised in
the motion, or raise a procedural argument regarding the timing of the motion,
do not neglect to argue that a motion in
limine is only meant to be a mechanism
to preliminarily prohibit certain evidence,
and cannot be used as a second attempt
to dispose of a key portion of the opposition’s case. �
www.ohiobar.org
Author bios
Endnotes
Mary Jane Trapp is of
counsel to Thrasher,
Dinsmore & Dolan, L.P.A.,
joining the firm after her
service on the Ohio Court
of Appeals. Her practice
focuses on mediation
and arbitration services at the pre-trial,
post-trial and appellate stages, appellate
consulting services, including trial court
record review and case evaluation, brief
review and writing, and mock oral arguments, and appellate and trial advocacy
in all areas of complex civil and criminal
litigation in state and federal courts.
Daniel T. Cronin is an
associate with Thrasher,
Dinsmore & Dolan, L.P.A.,
where he advises his
clients on commercial
litigation and corporate
matters.
1 See Ohio Evid. R. 611(A); State v. Lundy, 41
Ohio App.3d 163, 165 (1st Dist. 1987).
2 State v. Grubb, 28 Ohio St.3d 199, 201
(1986); State v. Holland, 5th Dist. Stark No.
2011 CA 00104, 2012-Ohio-486, 2012 WL
424960, ¶15; Aerosol Sys., Inc. v. Wells Fargo
Alarm Serv., 127 Ohio App. 3d 486, 496 (8th
Dist. 1998).
3 Tabitha N.S. v. Zimmerman, 6th Dist. Lucas
No. L-06-1252, 2008-Ohio-1639, 2008 WL
901466, ¶ 37; Rinehart v. Toledo Blade Co., 21
Ohio App.3d 274, 278 (3rd Dist. 1985).
4 Nozik v. McDonald, 11th Dist. Lake No.
97-L-235, 1999 WL 454503, *9 (June 25,
1999) (citation omitted); Riverside Methodist Hospital Assoc. of Ohio v. Guthrie, 3 Ohio
App.3d 308, 310 (10th Dist. 1982).
5 Bruckner v. Taddie, 8th Dist. Cuyahoga No.
64567, 1994 WL 66455, *3 (Mar. 3, 1994);
Krejci v. Halak, 34 Ohio App.3d 1, 4 (8th
Dist. 1986).
6 Vitanza v. First Nat’l Supermarkets, Inc.,
8th Dist. Cuyahoga No. 62906, 1993 WL
226576 (June 24, 1993).
7 (Essentially found by the court to be
either an Ohio Civil Rule 12(B)(6) or
12(C) dismissal.)
8 Vitanza at *7.
9 See, e.g., Ohio Civil Rules 12(B)(6), 12(C),
56, 50(A), 50(B), or 59; Vitanza at *7.
10 Lin v. Gatehouse Construction Co., 84 Ohio
App. 3d 96, 104-05 (8th Dist. 1992).
11Id.
12 City of Cuyahoga Falls v. Federspiel, 9th Dist.
Summit No. 12540, 1986 WL 9903, *2
(Sept. 10, 1986) (citation omitted).
13 Miller v. Miller & Miller Accountants, Inc.,
5th Dist. Richland No. 99CA18-2, 2000 WL
329814, *2 (Mar. 6, 2000).
It’s Monday, the First Day of the Rest of Your Life.
Too bad last Friday was the last day to file the Bergstrom motion.
Did you know that missing deadlines continues to be one of the
most common mistakes leading to malpractice claims? The failure
to file a document is the second most common alleged error and
the failure to calendar properly was the fifth most common mistake
leading to a malpractice claim*. A dual calendaring system which
includes a firm or team networked calendar should be used by every
member of your firm.
At Minnesota Lawyers Mutual we don’t just sell you a policy. We
work hard to give you the tools and knowledge necessary to reduce
your risk of a malpractice claim. We invite you to give us a call at
800-422-1370 or go online at www.mlmins.com and find out for
yourself what we mean when we say, “Protecting your practice is our
policy.”
* American Bar Association Standing Committee on Lawyers’ Professional Liability. (2008). Profile of Legal Malpractice Claims, 2004-2007. Chicago, IL: Haskins, Paul and Ewins, Kathleen Marie.
800.422.1370
www.ohiobar.org
R
www.mlmins.com
Life - Ohio Lawyer 2010
Ohio Lawyer
21
Statehouse Connection
Ohio LAWPAC:
Invest in good government
As members of the legal community, we
have an important stake in how laws are
crafted, drafted and enacted in the Ohio
General Assembly. Regardless of your practice area, your ability to serve your clients
can be significantly impacted by the action
of our state lawmakers.
the application of the law as it effects our
citizens in their daily lives. OSBA encourages lawyers to seek legislative office and
we assist them with contributions for their
campaigns. We also assist nonlawyer legislators who share our common goals and
objectives as noted above.
Fortunately, you have an important
voice representing your interests at the
Ohio Statehouse. That voice is your Ohio
State Bar Association. No other legal
professional association is as dedicated to
representing the diverse interests of our
profession in promoting improvement
in the law and advancing the administration of justice. We are acknowledged by
local, state and national organizations for
our zealous advocacy in preserving and
enhancing the Rule of Law. Over the
past 35 years, your government relations
professionals including Bob Fletcher,
Greg Finnerty, Steve Stover, Mary Amos
Augsburger and Todd Book have demonstrated exemplary leadership in advancing
the legislative program of the Association
through collaboration with OSBA committees and sections, diverse professional
and trade organizations, and the members
of the Ohio General Assembly.
The OSBA legislative program is highly
respected. Each session achieves a success rate of 90 percent of its legislation
proposed and is regularly called upon to
assist and facilitate on matters pertaining to the justice system. A significant
amount of the law pertaining to corporate, business, probate, domestic relations
and real property is the result of the hard
work of our committees and sections that
develop legislative proposals and submit
them for consideration by the Council of
Delegates. The Council of Delegates is the
OSBA-elected body responsible for vetting
proposals from committees and sections
to address improvement in the law and
administration of justice. Our members
appear regularly as witnesses before legislative committees where they share their
expertise to assist in the development of
the legislative proposals. I can tell you
without hesitation that our members are
highly regarded, and people listen.
An integral part of our legislative efforts
in the Ohio General Assembly is OHIO
LAWPAC, the OSBA’s political action
committee. Administered by a fivemember board of trustees appointed by
the OSBA Board of Governors, OHIO
LAWPAC provides financial assistance to
candidates for the Ohio General Assembly
who share the objectives and goals of the
Association, those being commitment to
the improvement of the law and the administration of justice. OHIO LAWPAC
makes contributions only to candidates
for the Ohio General Assembly. It does
not make contributions to candidates for
statewide, local or federal office or for
judicial candidates. Contributions are also
made to the respective legislative caucuses
in a bipartisan manner.
As we have noted over the years, lawyerlegislators play a vital role in the legislative
process, bringing with them experience in
22
Ohio Lawyer Running for office in the Ohio General
Assembly is expensive. Maintaining district
offices and communicating with constituents require resources. That is why OHIO
LAWPAC tries to assist our friends.
Effective OSBA participation in the legislative process depends on your support.
Your OSBA dues statement contains a
recommended $25 contribution to OHIO
LAWPAC. Yes, the Board of Governors
recommended an increase from $15 to
$25 after all these years. The contribution
is purely voluntary and you must add it
on to your dues. Only checks (payments)
from individuals, partnerships, LPAs,
LLCs, and LLPs may be accepted. By law,
corporations, not-for-profit corporations
and labor unions cannot make contributions to a political action committee.
Contributions to OHIO LAWPAC are not
deductible for federal income tax purposes.
by William Weisenberg
The credit available on the Ohio income
tax return does not apply to political action committees.
Your support for OHIO LAWPAC is
important! Please consider making a
contribution when you receive your 2014
dues statement. If you have any questions,
please call me direct at (614) 487-4474 or
on my cell at (614) 582-7570. Or you can
email me at [email protected].
Personal note
In September, I notified the OSBA officers
and Board of Governors that I will be retiring from full-time employment on June
30, 2014. At that time, I will have celebrated my 70th birthday and 35 years of
full-time service with this great association.
To say it has been a privilege and honor to
work with and for you would be an understatement. There will never be enough
time to talk about all the highlights, but
more importantly the friendship.
However, I will not be leaving completely,
as I will be serving in a consultant capacity to our executive director Mary Amos
Augsburger, our officers and with special
projects. I am not going away that fast! As
you all know, my passion is the cause of
justice, adequate resources for our courts
and the assurance of access to justice for all
our citizens. A free and democratic society
cannot sustain itself and flourish if justice
for all is not pursued and accomplished.
Being able to continue this quest in a more
normal work schedule is a goal shared by
my family, my OSBA colleagues and me. I
plan to see you all in the months and years
ahead, albeit in a different capacity. Thank
you for all you do in the pursuit of justice
and thank you for all you have done for
me. You have been and will always be an
important part of my life; in fact, part of
my family. �
William K. Weisenberg
is the Ohio State Bar Association assistant executive
director for public affairs,
government relations and
diversity initiatives.
www.ohiobar.org
Has the Affordable Care Act left you confused,
frustrated or full of unanswered questions?
We can help.
Here’s how:
For individuals, we can:
• Lock an underwritten plan into place with
an effective date prior to 1/1/14;
• Quote for 1/1/14 and thereafter on and off
exchange;
• Calculate exchange subsidies for open
enrollment period which expires 3/31/14; and
• Submit for 2014 business once the federal
exchange and individual carrier portals are
up and running efficiently.
For groups, we can:
• Lock an underwritten plan into place with
an effective date prior to 1/1/14, and
• Calculate, quote and submit for 2014 business
once all plan designs and premiums have
been approved and listed, and the federal
exchange and individual carrier portals are
up and running efficiently.
You don’t have to do this alone. We can help
you make sense of the new marketplace and
determine what coverage is the best fit for your
specific situation. Don’t leave it up to a website,
contact us today!
Danna Blackburn & Tammy Thornton
The OSBA Insurance Agency, Inc.
(614) 572-0616 or (855) 745-9222
We also offer:
Disability
Life
Long-term Care
Professional Liability
www.ohiobar.org
Ohio Lawyer
23
Foundation News
Videos showcase work
of 2011 Fellows for youth
Going to court is unsettling, especially for youth with exceptional
needs. Teaching youth with autism or other developmental disabilities about their legal rights and courtroom procedures is a
unique challenge. The Ohio State Bar Foundation’s 2011 Fellows
Class accepted that challenge.
The OSBF Fellows, working with experts in the field of developmental disabilities, have developed a video series titled O.P.E.N.
Court (Orienting young People with Exceptional Needs about Court) to
prepare these youth if and when they become involved in the juvenile justice system.
Two years of hard—and extremely relevant—work was showcased on Oct. 2, when the videos were premiered in Columbus
for an audience of juvenile judges, OSBF Board members,
Ohio Department of Education workers, 2011 Class Members,
and specialists in the field of developmental disabilities. The
videos and supplemental materials are now available on www.
osbf.com/opencourt. The verdict is in: This project will
make a difference in the lives of many. For additional information about O.P.E.N.Court contact Beth Gillespie at
[email protected]. �
Henry, a fictional teen with autism who is accused of stealing an
iPad from a store, begins the story. The first interactive video addresses Henry’s rights after being accused, while the second and
third videos follow Henry to court as he learns about court procedures and appropriate court behavior. Filmed at the Delaware
County Juvenile Court, professional actors and volunteers tell
Henry’s story. OSBF Class Fellows play supporting roles in this
project of three seven-minute videos that can stand alone or be
viewed all together.
Although these videos can apply to all young people, they target
the emotional and practical issues often faced by young people
with developmental disabilities. Andie Ryley, an autism specialist
who worked with the class, says, “The Fellows have done groundbreaking work. Nothing like these videos exists. They provide a
guide for teachers, parents, attorneys, social-service professionals,
and court personnel in working with these youth during a stressful situation.” In addition, the Fellows created a video discussion
guide, a communication tip sheet, resource links, court-related
vocabulary and supplemental graphics to engage caregivers and
facilitators in best practices as they protect the rights and responsibilities of these youth during their “day in court.”
HONOR. REMEMBER. CELEBRATE.
You can give thanks this holiday season with a tribute
gift to the OSBF that supports our statewide grants
to law-related nonprofits and programs. Tribute gifts
are a simple and meaningful way to say “Thank You,”
“I Remember” or “Congratulations” in honor of esteemed colleagues, special friends or family. Dedicate
your tax-deductible gift today at osbf.net and click
“Donate Now” or call (614) 487-4477.
IN HONOR OF
24
Fellows Nominations
Hon. Stuart A. Friedman
Dennis G. Terez
Recognize Excellence
Extend the Honor
Fellows Nominations due December 15
Visit osbf.net/who-we-are/fellows
or
Contact Beth Gillespie at (614) 487-4474
IN MEMORY OF
Hon. Peggy L. Bryant
Heather G. Sowald
Diane Hatcher
Ohio Association for Court Administrators �
*Received July 15, 2013 – Sept.15, 2013
www.ohiobar.org
now includes
Casemaker, the OSBA’s online legal
research service, now includes free
access to Casecheck+—a negative
citator system that rivals Shepards
and KeyCite. Previously available
only by subscription, Casecheck+
allows members to quickly determine
if a case is still good law.
When you search Casemaker, an icon
appears next to each case to show
whether that case has experienced any
negative treatment. A green thumbs-up
icon means the case is currently good
law while a red thumbs-down icon
means that a case has received
negative treatment.
There is now no need for OSBA
members to pay hundreds … even
thousands of dollars per month for
citator services. Simply access
Casemaker; another valuable benefit
of membership in the OSBA.
www.ohiobar.org/casemaker.
www.ohiobar.org
Ohio Lawyer
25
Did You Know?
Soliciting potential clients by text
message is no “lol” matter
by Chuck Ticknor and Nita Hanson
The evolution of technology has changed the way attorneys
do business, yet the waters have been muddied by debates over
proper and ethical uses of that technology in carrying out their
responsibilities. However, a recent opinion from the Ohio Supreme Court Board of Grievances and Discipline has offered
some clarity on the use of technology, specifically as it relates to
the solicitation of clients. In August 2012, an attorney’s teenage
daughter was a passenger in a car that hit another from behind.
Less than 24 hours later, the teenager received a text message
solicitation from a local attorney suggesting she may need his
services. Incensed by what was perceived as an improper communication, her parent sought guidance from the board. Recognizing
that perhaps the Ohio Professional Conduct Rules lagged behind
technology, the board asked for a formal request for an advisory
opinion on the issue: May Ohio lawyers use text messages to solicit professional employment from prospective clients? On April
5, 2013, the board issued Advisory Opinion 2013-2, “Direct Contact with Prospective Clients: Text Messages.”
The short answer is yes. Lawyers may advertise their services
through SMS text messages, which are written and/or electronic
communication for purposes of Prof.Cond.R. 7.2(a). The message must comply with Prof.Cond.R. 7.1 and 7.3. The text must
not contain a false, misleading or nonverifiable communication
about the lawyer or the lawyer’s services. Prof.Cond.R. 7.3 imposes five additional requirements that apply to text message
advertising by lawyers:
• The text message cannot create a “real-time” interaction
similar to an Internet chat room;
• The text message may not involve coercion, duress, or harassment, and the lawyer must abide by a person’s request
not to receive solicitations;
• If the lawyer has a reasonable belief that the prospective
client is in need of legal services in a participate matter, the
text message must state how the lawyer learned of the need
for legal services, include the language “ADVERTISING
MATERIAL” OR “ADVERTISEMENT ONLY” at both
the beginning and ending of the message, and cannot offer a
case evaluation or prediction of the outcome;
• If the prospective client is a defendant in a civil case, the lawyer shall verify that the person has been served; and
• Text message solicitations sent within 30 days of an accident
or disaster must include, in the body of the text message, the
entire “Understanding Your Rights” statement contained in
Prof.Cond.R. 7.3(e).
Text messages are not “real-time” typically
The board found that a text message solicitation of a prospective client is not an in-person communication, and although it
may be initiated with a cellular phone, would not ordinarily be
considered a “live telephone” conversation. The board’s view is
that a standard text message is more akin to an email than a chat
room communication. Accordingly, a typical text message is not a
“real-time” electronic contact. However, lawyers must ensure that
the technology used to solicit clients using text messages does
not generate a real-time or live conversation. In addition, because
most text messages are received on cellular phones, which are
often carried on one’s person, lawyers should be sensitive to the
fact that a text message may be perceived as more invasive than
an email.
“Understanding Your Rights” statement
The board expressed concern that due to the limited number of
characters available in a standard text message (typically 160 characters), including the entire “Understanding Your Rights” statement may cause the message to be split into multiple messages;
or worse, fail to transmit in its entirety. The board found that
including an Internet link in the message to the statement was
not sufficient. Likewise, including a photographic attachment of
the statement fails to satisfy Rule 7.3(e). As with any solicitation
sent within 30 days of an accident or disaster, it is the lawyer’s
26
www.ohiobar.org
duty to ensure communication of the full statement—not just
hit “send” and hope for the best.
Three things to consider before soliciting
a potential client by text message
The board identified three practical considerations for a lawyer
who chooses to directly solicit prospective clients using text message. First, the text message should not create a cost to the prospective client. Because not every service plan includes free or
unlimited text messaging, and significant cost may be incurred if
the recipient is traveling internationally when the text is received,
unless the lawyer can verify that a text message solicitation will
not result in a cost to the prospective client, the lawyer should
use “Free to End User” or similar technology by which the initiator of the message is responsible for the cost of both delivery
and receipt. In other words, one should not pay for the privilege
of receiving the solicitation.
Author bios
Chuck Ticknor is a partner in Dinsmore &
Shohl’s Litigation Department and serves as
the managing partner of the firm’s Columbus
office. Ticknor has more than two decades
experience representing clients in litigation
and dispute resolution matters at the federal,
state and local levels.
Nita Hanson is a member of Dinsmore &
Shohl’s Litigation Department. Hanson has
a breadth of knowledge and experience in
complex litigation including the formation and
implementation of specific strategies in trial
in both state and federal courts in Ohio, and
around the country.
Second, the lawyer should consider the age of the recipient of
the text message. Lawyers who obtain phone numbers from
police or accident reports should attempt to verify that the
numbers do not belong to minors before sending a text message
solicitation. Although Prof.Cond.R. 7.3 does not explicitly prohibit the direct solicitation of minors, the board discourages it.
The Rules Committee has been asked to consider proposing an
amendment to the Rules of Professional Conduct that would address direct contact with prospective clients who are minors.
Third, before a lawyer solicits a prospective client using text message, the lawyer should carefully scrutinize the message and delivery mechanism to ensure compliance with all applicable federal
and state laws, rules, and regulations pertaining to telemarketing
laws. This may include consumer protection rules prohibiting
the number of text messages sent by an autodialer to a cellular
phone, the federal CAN-SPAM Act and the requirements to
abide by the federal “Do Not Call” provisions.
Back to the future
Based on Advisory Opinion 2013-2, the lawyer who solicited
the teenager failed miserably in his ethical obligations. While
the message contained a statement that it was a solicitation and
identified the lawyer sending the message, the entire “Statement
of Your Rights” was not transmitted. And, remember—the text
message was sent within 24 hours of the accident. Despite the
fact that teen’s age was listed in the box right next to the telephone number, the solicitation was sent to a minor without even
seeking the opportunity to communicate with a parent or guardian. The lawyer did not know whether the text would result in a
cost to the recipient. But, in all fairness, he may have used “Free
to End User” or similar technology. The number where the solicitation text was sent is listed on the federal “Do Not Call List.”
The board opined that while text messaging may be a novel
approach to client solicitation, their ethical review was actually a straightforward application of the Rules of Professional
Conduct. Here’s hoping that most lawyers are making better application of the rules than the one encountered by the attorney’s
teenage daughter. �
Technology makes
eDiscovery possible.
People make eDiscovery happen.
A major university involved in a high profile case needed to
collect data from over 80 webmail and social media accounts
on a tight deadline. Other companies said it couldn’t be done.
We did it, developing a custom process and application that
not only satisfied the court, but saved the university thousands
of dollars.
DSi continually invests in technology so these kind of realitydefying feats are possible. But our people make it happen. And
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DSicovery.com | 877-797-4771
This article was originally published by the Columbus Bar Association.
www.ohiobar.org
Ohio Lawyer
27
Books & Bytes
Book review
The Double V: How Wars, Protest, and
Harry Truman Desegregated America’s
Military, by Rawn James Jr. 290 pages.
New York, NY: Bloomsbury Press. 2013.
Illus. $28.00.
Rawn James Jr., a lawyer practicing in the
District of Columbia, traces the status of
blacks in the American armed forces from
colonial days through President Harry
Truman’s administration in his book, The
Double V: How Wars, Protest, and Harry Truman Desegregated
America’s Military. Revolutionary War leader George Washington,
a slaveholder himself, worried that “Providing military training
to freed black men would lead to an armed slave insurrection.”
For decades, the fear of teaching blacks how to fight to defend
their country relegated them to serve as stewards, cooks and
menial laborers, even for those enlisted with college degrees.
During the Great War, when heavy casualties in the French
army depleted their ranks, the French were eager to accept
black reinforcements from the Americans. U.S. Army General
John Pershing admonished the French military, warning them
about their use of black troops overseas, “We must prevent the
rise of any pronounced degree of intimacy between French
officers and black officers … We must not eat with them, must
not shake hands or seek to talk or meet with them outside the
requirements of military service. We must not commend too
highly the black American troops, particularly in the presence
of Americans.”
The irony of blacks fighting during the Great War for
democracy overseas while being denied the very freedoms
they fought to achieve in foreign lands were revived during
the Second World War. The book’s title, The Double V, refers
to the phrase coined during WWII in which “Black Americans
and their allies of all races would fight for victory overseas and
victory at home.”
Harry Truman, as a Missouri Senator, had gained national fame
during WWII by investigating war profiteering. His project,
dubbed the Truman Committee, “changed Truman’s reputation
from that of a political machine’s flack to an official intent
on protecting the taxpayers’ dollars by eliminating waste and
corruption from government contracts.” The work of the
Truman Committee conspicuously omitted studies into the
race-based practices of the defense and military industry. The
deliberate omission would haunt him during his 1948 bid for the
presidency, as Republicans pounced on Truman’s silence on civil
rights in an effort to court the Negro vote.
James struggles with being able to identify why Truman, with
unabashed southern sympathizers in his family and Truman’s
own racist comments, took the giant leap of proclaiming an end
to a segregated American military. “It is impossible to discern
precisely when President Truman decided to desegregate the
armed forces, but it may have been on the morning he learned
of the blinding of Isaac Woodard.” Woodard, a black WWII
28
veteran, was beaten and blinded during a bus ride by local South
Carolina law enforcement officials. Reports of the vicious,
unprovoked attack on Woodward alarmed Truman.
James suggests that Truman’s move toward integrating the
military ranks was not so much attributed to a spiritual or
emotional epiphany, but also a calculated political decision.
White House counsel and future Secretary of Defense Clark
Clifford, in a prescient late 1947 memorandum to Truman
analyzing the upcoming 1948 presidential election, advised the
president, “Unless there are now real efforts (as distinguished
from mere political gestures which are today thoroughly
understood and strongly resented by sophisticated Negro
leaders), the Negro bloc which, certainly in Illinois and probably
in New York and Ohio, does hold the balance of power, will go
Republican.” (Ohio did side with Truman, who beat Republican
Thomas Dewey by barely 7,000 votes.)
As commander in chief, Truman issued Executive Order 9981
in the summer of 1948 in the midst of his reelection battle.
The executive order stated, in part, that “It is hereby declared
to be the policy of the President that there shall be equality of
treatment and opportunity for all persons in the armed services
without regard to race, color, religion, or national origin.” By
releasing the presidential edict rather than pushing for federal
legislation, Truman was able to circumvent a congressional vote
and avoid further alienating Southern Democrats.
The Double V is a discomforting, but enlightening, book to read.
The countless incidents of racism perpetuated for decades
by the U.S. military and political leadership are staggering.
The bizarre discussion about the refusal of the military and
American Red Cross to allow mixed blood transfusions
between the races during wartime is worthy of another book.
Interestingly, Truman’s executive order conspicuously omitted
any reference to ending gender discrimination in the armed
forces. That topic is another book too. �
—Bradley S. Le Boeuf
Akron
Mediation
Arbitration
Richard B. McQuade Jr.
Former United States Judge
419.265.1107
[email protected]
www.mcquademediation.com
www.ohiobar.org
Grab a CLE six-pack today
and save big on self-study
How can you save $170 with a single click? Take advantage of the OSBA Six-Pack—
a bundle of six one-hour courses specifically tailored to Ohio law, with the
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For more information or to register,
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Ohio Lawyer
29
Member Benefits
Take advantage of OSBA
practice tools
According to the American Bar Association’s 2012 Legal Technology Survey Report released in July 2012, 89 percent of
attorneys reported using a smartphone for law-related tasks while
away from their primary workplace.
As for tablets, such as the iPad, 33 percent of lawyers said they
used a tablet computer this year for law-related tasks while away
from their primary workplace, which is up considerably from
just 15 percent in 2011.
While this technology might be changing the way you practice,
the OSBA also believes it can change the way you interact with
your Association. There are two member benefits that the OSBA
is particularly excited to offer that cater to both smartphones and
tablets—the OSBA Report Online and the OSBA eBook Library.
OSBA Report Online and app
The OSBA Report Online takes the familiar green book and turns
it into a daily or weekly index of Ohio case summaries through a
customizable email and mobile-enabled website.
The OSBA Report Online is available as a daily or a weekly
email—you get to choose which option you prefer. You can even
choose which practice areas and courts you want to include. The
Report also features breaking OSBA and legal news and the latest
job listings from our online career center. Case summaries are
30
available six to nine weeks sooner than they appear in the print
version—a feature that could prove invaluable when preparing
for a case.
The OSBA Report Online won a 2012 National Association of
Bar Executives (NABE) Luminary Award for excellence in electronic publications during the NABE Communications Workshop in Denver, Colo.
There is also an OSBA Report mobile app for iPhone and Android
devices that offers all of the features of the email and the website,
and it is always there on your phone, ready when you are.
OSBA CLE eBook Library
Another exciting new member benefit is the Ohio State Bar
Association eBook Library. OSBA members who have registered
for at least one live CLE seminar have access to all of the eBooks
in the library, which includes eBooks from all CLE seminars,
district meetings and convention seminars. Available formats
include pdf, epub (for use with most e-readers) and mobi (for
Kindles). The library currently includes more than 220 books
and is fully searchable by author, title, contents and practice area.
Check out the library at www.ohiobar.org/ebook.
To learn more about these member benefits, go to
www.ohiobar.org/agooddecision. �
www.ohiobar.org
Member News
Chardon
In Memoriam
Honorable Tim Grendell, Geauga County Probate/Juvenile
Court Judge, has been named to the Legislative Committee of
the National Council of Juvenile and Family Court Judges.
Kimberly A Kohli, 43
Cincinnati
Howard F. Breitholle, 88 Cincinnati
Feb. 11, 2013
Jonathan C. Bennie, Barron, Peck, Bennie & Schlemmer Co.,
LPA, has been selected to receive the Ohio State Bar Foundation Community Service Award for Attorneys 40 & Under.
Clayton G. Napier, 66 Hamilton
Aug. 14, 2013
David H. Lefton, Barron, Peck, Bennie & Schlemmer Co.,
LPA, has been elected division secretary of the American Bar
Association General Practice, Solo and Small Firm Division.
Douglas Dean MacGillivray, 77
Liberty May 11, 2012
Bellefontaine Sept. 9, 2013 �
Cleveland
Andrew G. Fiorella, Ulmer & Berne LLP, has been elected to
board of directors of The Music Settlement.
James N. Kline, Ulmer & Berne LLP, has received the OACTA
2013 Frank Seth Hurd Member of the Year Award.
Jennifer Stueber, Tucker Ellis LLP, has been elected board
chair of Project Learn.
Columbus
Beatrice Wolper, Emens & Wolper Law Firm, has been selected to receive the International Women’s Forum Award. �
x
x
x
www.ohiobar.org
Ohio Lawyer
31
Sustaining Members
The following Ohio State Bar Association members have made financial contributions to the Association beyond payment
of their annual dues. The OSBA thanks these members and recognizes them as sustaining members for their generous contributions to the organized bar of Ohio. Contributions given by the sustaining members are used to further the goals of the
OSBA and to fund programs that help improve the administration of justice in Ohio. All OSBA members owe them a debt
of gratitude for their meritorious support of the legal profession.
Daniel N. Abraham
Columbus
Henry D. Acciani
Cincinnati
Beverly A. Adamczyk
Parma Heights
James R. Addison
Marietta
Judge Ronald B. Adrine
Cleveland
Casimir T. Adulewicz
Steubenville
William F. Aigler
Bellevue
Steven W. Albert
Shaker Heights
David W. Alexander
Columbus
Charles F. Allbery
Dayton
Patrick W. Allen
Franklin
John M. Alton
Columbus
Sandra J. Anderson
Dublin
Robert M. Anspach
Toledo
Jeffrey R. Appelbaum
Cleveland
James C. Aranda
Lancaster
Richard M. Arceci
Sagamore Hills
Randall S. Arndt
Columbus
Kemper D. Arnold
Independence
James B. Aronoff
Cleveland
Stanley P. Aronson
Akron
Keith A. Ashmus
Cleveland
Gary W. Auman
Dayton
Sue N. Averill
Kent
Gerald J. Babbitt
Columbus
32
Ohio Lawyer David F. Bacon
Upper Sandusky
Jerome R. Bahlmann
Columbus
Todd H. Bailey
Cincinnati
Gerald L. Baker
Canton
Jeffrey S. Bakst
Cincinnati
David G. Bale
Westerville
John R. Ball
Sandusky
Kathleen A. Ballenger
Columbus
Hugh Barnett
Springfield
Robert B. Barnett
Columbus
Joseph J. Barone
Westerville
Joyce E. Barrett
Cleveland
John C. Bartram
Marion
Richard W. Bashein
Cleveland
William C. Bashein
Cleveland
Charles H. Bean
Saint Clairsville
Otto Beatty Jr.
Columbus
Linden J. Beck
Carey
Dennis A. Becker
Loveland
Michael R. Becker
Columbus
John C. Beeler
Columbus
Robert J. Behal
Bexley
James E. Behrens
Cleveland
Lee E. Belardo
Avon
David A. Belinky
Columbus
Joseph A. Benavidez
Lima
Mary K. Bender
Chardon
Franklin S. Bennett
Canfield
Steven A. Bennett
San Antonio, TX
James H. Berick
Cleveland
Bruce D. Bernard
Worthington
Louis R. Bertrand
Ravenna
April L. Besl
Cincinnati
Dianna L. Bessemer
Mansfield
Valerie J. Best
Washington, DC
Robert C. Bianchi
Seven Hills
Pamela K. Billmaier
Monclova
Dan J. Binau
Columbus
William R. Biviano
Warren
R. Jeffrey Bixler
Toledo
Rodney R. Blake Jr.
Huntsville
Anna M. Blankemeyer
Ottawa
David S. Bloomfield
Columbus
Sally W. Bloomfield
Columbus
John H. Boggs
Toledo
Robert W. Boich
Columbus
Samuel G. Bolotin
Toledo
Thomas J. Bonasera
Columbus
William D. Bonezzi
Saint Petersburg, FL
Sandra E. Booth
Columbus
Phyllis G. Bossin
Cincinnati
Richard A. Boucher
Dayton
Nicholas A. Bourne
Youngstown
John E. Bowers
Circleville
Katherine D. Brandt
New York, NY
Stephen D. Brandt
Dayton
Dwight D. Brannon
Dayton
Michael Braunstein
New Albany
Kenneth A. Bravo
South Euclid
James M. Brennan
Dayton
Andrew G. Bresko
Canfield
Timothy T. Brick
Cleveland
Douglas M. Bricker
Columbus
G. Ross Bridgman
Columbus
Peter J. Brodhead
Cleveland
Margo E. Broehl
Wooster
Paula L. Brooks
Columbus
Richard D. Brooks
Columbus
Douglas B. Brown
Chardon
Robert H. Brown
Akron
Stephen J. Brown
Medina
William J. Browning
Worthington
C. Richard Brubaker
Novelty
Rick L. Brunner
Columbus
Stephen R. Buchenroth
Columbus
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James T. Buck
Fort Mill, SC
Daniel J. Buckley
Cincinnati
Robert W. Buechner
Cincinnati
Judge Kathleen B. Burke
Akron
Bruce H. Burkholder
Columbus
Donald Butler
Cleveland
Jack C. Butler
Powell
Thomas P. Butler
Punta Gorda, FL
John R. Butz
Springfield
Paul A. Caimi
Chagrin Falls
J. Philip Calabrese
Cleveland
John B. Caldwell
West Union
Hon. James S. Callender Jr.
Mentor
Donald E. Caravona
Cleveland
Leonard A. Carlson
Columbus
John A. Carnahan
Columbus
Timothy D. Carnahan
Cleveland
James C. Carpenter
Columbus
Walter E. Carson
Columbia, MD
Anna M. Carulas
Cleveland
Albert D. Cash
Cincinnati
Samuel G. Casolari
Cleveland
Robert L. Caspar
Dayton
Michael A. Catanzaro
Springfield
W. Jeffrey Cecil
Naples, FL
Louis A. Chaiten
Cleveland
James J. Chalfie
Cincinnati
Howard S. Chapman
Bedford
Stephen E. Chappelear
Columbus
Richard A. Chase
Toledo
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Michael J. Cheselka
Cleveland
Mark R. Chilson
Dayton
James W. Chin
Cleveland
Mario C. Ciano
Cleveland
Alphonse P. Cincione
Columbus
Michael L. Cioffi
Cincinnati
Mary J. Clair
Willoughby
Daniel T. Clancy
Westlake
Amanda J. Clapp
Stow
Charles F. Clarke
Cleveland Hts.
Sandra W. Cleaver
Canton
John M. Cloud
Dayton
Shirley A. Cochran
Reynoldsburg
Leland D. Cole
Akron
Leo R. Collins
Mentor
Tim L. Collins
Cleveland
Brooks A. Compton
Dayton
Donald M. Compton
Kettering
Carol A. Contrada
Sylvania
Charles V. Contrada
Sylvania
W. Michael Conway
Kettering
Colleen E. Cook
Marietta
David R. Cook
Fairview Park
Thom L. Cooper
Centerburg
Ronald M. Cooperman
Toledo
Jon M. Cope
Columbus
William V. Corban
Granville
Stuart W. Cordell
Ashtabula
Joseph G. Corsaro
Westlake
Richard L. Cory
Bucyrus
Steven C. Couch
Columbus
Anthony G. Covatta
Cincinnati
Jeffrey T. Cox
Dayton
Ronald D. Cramer
Marion
Daniel A. Creekmur
Columbus
F. Ann Crossman
Dayton
Stuart F. Cubbon
Toledo
Robert M. Curry
Dayton
John Czarnecki
Toledo
*Rudolph A. D’Amico
Kettering
Richard C. Daley
Columbus
Daniel P. Daniluk
Warren
Steven L. Dauterman
Cincinnati
Robert L. Davis
Cincinnati
Ronald E. Davis
Columbus
Steven S. Davis
Cleveland
William J. Davis
East Liverpool
J. Michael Debbeler
Cincinnati
Thomas E. DeBrosse
Dayton
Ralph T. DeFranco
Cleveland
Jonathan C. Dehmlow
Marietta
Gregory D. Delev
Cincinnati
Michael J. Delligatti
Columbus
Alexander V. DeMarco
Vandalia
Robert P. DeMarco
Solon
Craig Denmead
Columbus
John R. Dennis
Columbus
Larry J. Denny
Dayton
Charles S. DeRousie
Lake Oswego, OR
Cheryl H. DeVore
Dublin
Eric R. Dieterich
Columbus
Edward D. Diller
Cincinnati
Jon N. Diller
Pandora
John J. Dixon
Youngstown
Richard S. Donahey
Columbus
Peter J. Donahue
Dayton
John D. Donaldson
Mansfield
Terrence M. Donnellon
Cincinnati
Michael D. Dorf
Toledo
Marshall K. Dosker
Covington, KY
Ronald W. Dougherty
Canton
Jon A. Doughty
Springfield
Hon. Andrew G. Douglas
Columbus
Sue M. Douglas
Cleveland
Wolfgang Drescher
Sylvania
Stanley B. Dritz
Columbus
Andrew R. Duff
Akron
Vincent A. Dugan
Columbus
*Robert M. Duncan
Columbus
William N. Eachus
Gallipolis
Sally M. Edwards
Williamstown, KY
John W. Eilers
Cincinnati
Gene Elconin
Beachwood
Rush E. Elliott
Canfield
William B. Elliott
Dayton
William W. Emley Sr.
Canton
Daniel L. England
Alliance
Robert D. Erney
Columbus
Herbert Ernst
Dayton
Charles R. Eshelman
Cuyahoga Falls
Ohio Lawyer
33
Bennie E. Espy
Columbus
Judge D. Dean Evans
Gallipolis
J. Michael Evans
Columbus
John K. Everett
Columbus
Lee C. Falke
Dayton
Steven R. Fansler
West Liberty
Elizabeth T. Farrar
Columbus
John H. Farthing
Circleville
George H. Faulkner
Cleveland
Henry L. Fein
Galena
Judge Richard P. Ferenc
Batavia
Lester L. Ferguson
Xenia
Thomas V. Ferrero
Massillon
John A. Finlay
Xenia
Jeffery L. Finley
Gallipolis
Mark F. Fischer
Canton
Judge Patrick F. Fischer
Cincinnati
Kenneth J. Fisher
Cleveland
Lloyd E. Fisher
Columbus
Barry W. Fissel
Toledo
Dennis M. Fitzgerald
Findlay
John A. Flask
Richfield
Russell N. Flickinger
Columbus
Mark S. Floyd
Beachwood
Thomas P. Flynn
Bradenton, FL
Michael E. Foley
Waynesville
Judge Patrick J. Foley
Dayton
Frank H. Foster
Reynoldsburg
Vincent L. Foulk
Sanford, NC
Michael J. Frantz
Cleveland
34
Ohio Lawyer Debra J. Fredrickson
Mc Lean, VA
Howard J. Freedman
Beachwood
William M. Freedman
Cincinnati
Ronald A. Fresco
Columbus
Bradley N. Frick
Columbus
Thomas E. Friedman
Columbus
William S. Friedman
Columbus
Zeev Friedman
Beachwood
Gary L. Froelich
Dayton
Frank J. Froelke
Hamilton
Carl B. Fry
Columbus
Gary F. Frye
Marietta
Philip J. Fulton
Columbus
Carmine M. Garofalo
Centerville
Patrick J. Garry
Cincinnati
Timothy A. Garry
Cincinnati
Timothy A. Garry Jr.
Hamilton
Roger S. Gates
Hamilton
Michael F. Gehrig
Cincinnati
Charles F. Geidner
Dayton
Nelson E. Genshaft
Columbus
Steven G. Gentry
Dublin
Nicholas T. George
Akron
Timothy D. Gerrity
Columbus
David C. Gibbs
Largo, FL
Rollyn C. Gibbs
Columbus
Gregory C. Gibson
Kettering
Matthew W. Gibson
Powell
Allan H. Gifford
Honolulu, HI
James M. Gillette
Chardon
Joseph R. Gioffre
Cleveland
Judge Joseph Giulitto
Ravenna
Judge George M. Glasser
Toledo
Richard H. Glazer
Cincinnati
Elizabeth L. Glick
St. Clairsville
Mark E. Godbey
Cincinnati
Douglas N. Godshall
North Canton
Robert A. Goering
Cincinnati
Judge Rosemary G. Gold
Cleveland
Stuart J. Goldberg
Toledo
Spiros E. Gonakis
Euclid
Bernard D. Goodman
Cleveland
N. Victor Goodman
Columbus
Stanley Goodman
Cincinnati
James H. Gordon
Hilliard
Judge Robert H. Gorman
Cincinnati
John E. Gotherman
Columbus
Judge Michael R. Goulding
Toledo
Raymond J. Grabow
North Royalton
Michael J. Grady
Canton
William R. Graf
Cincinnati
Douglas E. Graff
Columbus
Arthur F. Graham
Tiffin
Melissa A. Graham-Hurd
Akron
Anthony W. Greco
Columbus
David C. Greer
Dayton
Charles S. Griffith
Amelia
D. Michael Grodhaus
Dublin
Andrew S. Grossman
Columbus
Jeffrey A. Grossman
Columbus
James R. Gucker
Tiffin
Thomas L. Guillozet
Piqua
Dennis E. Gump
Dayton
Daniel J. Gunsett
Columbus
George Gusses
Toledo
Harry L. Haber
Solon
I. James Hackenberg
Painesville
Howard J. Haddow
Columbus
Gloria S. Haffer
Cincinnati
John F. Hall
Fremont
John A. Hallbauer
Cleveland
Paul G. Hallinan
Dayton
Dennis M. Hanaghan
Dayton
Robert E. Hanson
Columbus
Mary K. Hapner
Hillsboro
R. Chris Harbold
Columbus
Michael L. Hardy
Cleveland
David W. Hardymon
Columbus
Kenneth E. Harris
Columbus
Judge William D. Hart
Kenton
John C. Hartranft
Columbus
David B. Harwood
Willard
Anthony J. Haueisen
Fairlawn
Robert J. Haverkamp
Gloucester, MA
Frank M. Hays
Wooster
John F. Hayward
Toledo
Anthony M. Heald
Delaware
C. Luther Heckman
Columbus
Holly H. Heer
Columbus
Jeffrey T. Heintz
Akron
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Charles J. Helbley
Brunswick
Paul W. Hertrick
Medina
John V. Heutsche
Cleveland
Ian A. Heyman
Gahanna
Ralph E. Heyman
Dayton
Bryan F. Hickey
Greenville, SC
John W. Hickey
Cleveland
Ralph P. Higgins
Cleveland
Donald J. Hilliker
Bellefontaine
Richard O. Hilliker
Ft. Myers, FL
G. Robert Hines
Cincinnati
Michael A. Hirschfeld
Cincinnati
Jon Hoffheimer
Cincinnati
H. Ritchey Hollenbaugh
Columbus
Edwin J. Hollern
Westerville
Jonathan Hollingsworth
Dayton
John D. Holschuh, Jr.
Cincinnati
Ronald E. Holtman
Wooster
Harold L. Hom
Cleveland
Michael T. Honohan
Rocky River
Douglas E. Hoover
Worthington
Judge James L. Hoover Ret.
Galion
Herbert J. Hoppe
Rocky River
Michael J. Horvitz
Cleveland
James W. Hostetter
Newark
Lawrence J. Hotchkiss
Columbus
James T. Houfek
Worthington
Barbara J. Howard
Cincinnati
Roy H. Huffer
Circleville
Terry V. Hummel
Blacklick
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Jonathan F. Hung
Dayton
Frederick Hunker
Columbus
Richard M. Hunt
Dayton
Bruce A. Hunter
Cincinnati
Robert R. Hunter Jr.
Alliance
Rufus B. Hurst
Granville
Richard B. Igo
Columbus
Daniel J. Igoe
Upper Arlington
D. Jeffrey Ireland
Dayton
Darryl L. Isaacs
Louisville, KY
Titus Jackman
Kent
Reginald S. Jackson Jr.
Toledo
Donald N. Jaffe
Cleveland
Jeffrey N. James
Akron
Douglas S. Jauert
Wapakoneta
Victor M. Javitch
Cleveland
John T. Jeandrevin
Medina
James R. Jeffery
Toledo
Judge Thomas K. Jenkins Ret.
Marion
Thomas E. (Ted). Jenks
Kettering
Judge James D. Jensen
Toledo
John A. Jeren Jr.
Youngstown
Reed P. Jewett
Springfield
David L. Johnson
Columbus
Ronald V. Johnson
Cleveland
Robert E. Johnston
Lancaster
John S. Jones
Worthington
Michael C. Jones
Powell
Taylor Jones Jr.
Dayton
Jerry D. Jordan
Columbus
Jennifer J. Joseph
Columbus
John J. Joseph
Columbus
Joseph M. Juergens
Springfield
Benita A. Kahn
Columbus
Edward Kancler
Twinsburg
Marvin L. Karp
Cleveland
Judge David A. Katz
Toledo
Richard S. Katz
Beachwood
David E. Kauffman
Columbus
Elliot M. Kaufman
Cleveland
Ronald D. Keener
New Lebanon
Stephen E. Keister
Van Wert
George G. Keith
Cuyahoga Falls
Mark D. Keller
Columbus
Thomas G. Kelley
Cleveland
Thomas W. Kendo
Dayton
Richard M. Kerger
Toledo
Russell W. Kessler
Columbus
Richard S. Ketcham
Columbus
Donald G. Keyser
Wheelersburg
James A. Kiger
Washington Court House
David M. King
Willoughby Hills
James R. Kirkland
Dayton
Mark M. Kitrick
Columbus
Richard C. Klein
Moreland Hills
Donald P. Klekamp
Cincinnati
Dale W. Klocke
Cincinnati
Barbara A. Knapic
North Canton
Scott E. Knox
Cincinnati
Edward M. Kochalski
Columbus
John A. Kocher
Port Clinton
William G. Kohlhepp
Cincinnati
Gary A. Kohli
Oak Harbor
Eric T. Kohut
Akron
Clement Kollin
Broadview Heights
Thomas P. Kot
Tallmadge
Mark E. Kouns
Pickerington
David J. Kovach
Independence
John R. Koverman
Dayton
Roy A. Krall
Cleveland
Leo F. Krebs
Dayton
Gary P. Kreider
Cincinnati
Margaret H. Kreiner
Cuyahoga Falls
Randy J. Kreizenbeck
Cleveland
Andrew P. Krembs
Gates Mills
Jacob A. H. Kronenberg
Cleveland
David P. Kuenzli
Findlay
Matthew J. Kunsman
Newark
Kevin F. Kurgis
Columbus
David A. Kutik
Cleveland
David G. Lake
Cortland
William W. Lamkin
Columbus
Thomas D. Lammers
Celina
Wallace J. Lanci
Cleveland
Richard L. Lancione
Bellaire
Susan M. Lantz
Columbus
Thomas A. LaPolla
Warren
Alan L. Lapp
Dublin
Laurence A. Lasky
Dayton
Frank A. Lavelle
Athens
Ohio Lawyer
35
Richard D. Lawrence
Covington, KY
Robert B. Laybourne
Akron
Doloris F. Learmonth
Cincinnati
Kennedy Legler III
Bradenton, FL
Harry J. Lehman
New Albany
Stephen P. Leiby
Akron
Gerald R. Leipply
Cuyahoga Falls
Paul W. Leithart
Columbus
Madeline J. Lepidi-Carino
Hudson
Frank A. Lettieri
Akron
Richard L. Levine
Columbus
Martin H. Lewis
Cleveland
Robert L. Lilley
Logan
John M. Liming
Defiance
David V. C. Lincicome
Roxbury, CT
Lawrence V. Lindberg
Cleveland
Thomas K. Lindsey
Columbus
Ronald G. Linville
Columbus
Richard A. F. Lipowicz
Dayton
Charles H. Lizanich
Independence
Philip A. Lloyd
Akron
Nancy N. Locke
Ashland
Webster M. Lonas
Canton
Christopher A. Lopez
Delaware
Michael J. Loughman
Sheffield Village
Richard L. Loveland
Columbus
Dean S. Lucal
Sandusky
Joseph L. Ludovici
East Liverpool
J. Richard Lumpe
Columbus
Lonnie R. Lutz
Toledo
36
Ohio Lawyer *Douglas D. MacGillivray
Bellefontaine
Judge William W. MacMillan Jr.
Dayton
Helen M. MacMurray
New Albany
Blair L. Magaziner
Zanesville
James A. Magnuson
Columbus
Daniel M. Maher
Columbus
Georgia Maistros
Stow
Lynn N. Major
Mayfield Village
Stephanie H. Malbasa
Cleveland
Paul H. Malesick
Canton
William T. Maloney
Toledo
Michael J. Manahan
Toledo
Edward G. Marks
Cincinnati
Dale E. Markworth
Cleveland
Francis M. Marley
Fostoria
David W. Marquis
Dayton
Richard P. Martin
Hudson
Carol Seubert Marx
Lancaster
John J. Mascio
Steubenville
John J. Masternick
Girard
Stanley A. Mathews
Cincinnati
James Maurer
Dublin
Robert W. Maurer
Bowling Green
John G. Maxa
New Bremen
Whitney B. Maxson
Cincinnati
Patrick F. McCartan
Cleveland
Dennis M. McCarthy
Columbus
Robert A. McCarthy
Troy
Frank A. McClure
Cambridge
Leon M. McCorkle
Dublin
John W. McCormac
Worthington
Michael P. McCormick
Saint Clairsville
Mark K. McCown
Ironton
Christopher C. McCracken
Cleveland
Donald P. McFadden
Cleveland
Terrance J. McGonegal
Canton
John J. McGowan
Cleveland
Susan S. McGown
Akron
William J. McGraw
Troy
John K. McHenry
Portsmouth
John J. McHugh
Sylvania
W. Locke Mckenzie
Columbus
Daniel H. McKinney
Cincinnati
Keith McNamara
Columbus
Richard L. McNellie
Beachwood
Edward J. McTigue
Cincinnati
Philip McWeeny
Toledo
Thomas P. Meaney
Euclid
Michael H. Mearan
Portsmouth
Stephen G. Meckler
Elyria
Leonard S. Meranus
Cincinnati
Judge Michael R. Merz
Dayton
Donald H. Messinger
Cleveland
Kenneth H. Messinger-Rapport
Cleveland
Donald M. Mewhort
Toledo
Richard F. Meyer
Worthington
Robert A. Meyer
Columbus
John E. Meyers
Bellevue
Karen D. Meyers
Cincinnati
Richard B. Meyers
Chesapeake
Earl R. Miller
Salem
George M. Miller
Akron
James P. Miller
Wilmington
Marvin C. Miller
Sunbury
Paul A. Miller
Millersburg
Terrance M. Miller
Columbus
Charles K. Milless
Johns Island, SC
Ronald H. Mills
Rocky River
Stephen E. Mindzak
Columbus
Charles D. Minor
Columbus
Robert A. Minor
Columbus
Harvey S. Minton
Worthington
Martin E. Mohler
Toledo
Gerald A. Mollica
Athens
Theodora M. Monegan
Cleveland
William T. Monroe
Cleveland
Donald H. Moore
Powell
Robert S. Moorehead
Cambridge
Philip R. Moots
Columbus
Stanley Morganstern
Scottsdale, AZ
C. Arthur Morrow
Newark
Gretchen Koehler Mote
Columbus
Scott R. Mote
Columbus
Thomas P. Moushey
Alliance
James S. Mowery
Dublin
Eric R. Mulford
Gallipolis
Carl F. Muller
Ashtabula
John T. Mulligan
Cleveland
L. Patrick Mulligan
Dayton
Michael E. Murman
Lakewood
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Xenia
Richard R. Murphey
Columbus
Timothy E. Murphy
Powell
Bernard M. Murray
Gahanna
Douglas S. Musick
Independence
John P. Muskoff
New Albany
Bradley A. Myers
Columbus
Stanley L. Myers
Cypress, TX
Mark R. Naegel
Cincinnati
Fritz Neil
Shaker Heights
John C. Nemeth
Columbus
Mark M. Nesbit
Columbus
Jack L. Neuenschwander
Piqua
John A. Neville
Cleveland
Dennis R. Newman
Columbus
Dianne R. Newman
Akron
Curtis B. Nichols
Marietta
Bruce I. Nicholson
Dayton
Robert G. Nickodem
Cleveland Heights
Suzanne M. Nigro
Cleveland Hts.
Edward S. Noble
Saint Marys
Kraig E. Noble
Saint Marys
C. Edward Noe
Cincinnati
Jonathan M. Norman
Columbus
Suzanne Belot Norton
Toledo
John C. Norwine
Cincinnati
James R. Office
Springboro
James R. Ogden
Cuyahoga Falls
Norman J. Ogilvie
Lancaster
Laurie E. Ohall
Brandon, FL
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Columbus
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Cleveland
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Athens
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Chardon
Dan R. Orner
West Chester
Alvarene N. Owens
Dallas, TX
Robert G. Palmer
Columbus
James E. Papp
Fairview Park
Robert T. Pappas
Powell
David B. Pariser
Columbus
Morgan E. Parke
Akron
Terri L. Parmley
Springfield
Thomas E. Parrish
Cuyahoga Falls
Gary L. Pasqualone
Geneva
W. Andrew Patton
Cincinnati
Robert C. Paxton
Columbus
Donald G. Paynter
Columbus
Robert C. Peelle
Wilmington
William E. Peelle
Wilmington
Samuel A. Peppers
Columbus
Judge Frederick D. Pepple
Wapakoneta
Paul G. Perantinides
Akron
Paul E. Perry
Cincinnati
Geoffrey J. Peters
Dublin
Georgeann G. Peters
Columbus
Barbara B. H. Petersen
Marblehead
Lee Petersen
Akron
Stephen J. Petras
Cleveland
John J. Petro
Columbus
John P. Petzold
Mount Pleasant, SC
William E. Pfau
Youngstown
Jerome Phillips
Toledo
Robert D. Phillips
Hudson
Judge John S. Pickrel
Dayton
James R. Pierce
Cincinnati
Robert N. Pierce
Columbus
John C. Pierson
Akron
John B. Pinney
Cincinnati
Ernest M. Pitt
Ashland, KY
Marvin S. Platt
Akron
George N. Plavac
Beachwood
Thomas G. Pletz
Toledo
Harry B. Plotnick
Cincinnati
C. Keith Plummer
Cambridge
Michael A. Poe
Columbus
Richard W. Pogue
Cleveland
William R. Polhamus
Hilliard
Vincent P. Popp
Dayton
John A. Poppe
Wapakoneta
*Samuel H. Porter
Columbus
Charles C. Postlewaite
Columbus
Anne M. Prack
Columbus
Edwin C. Price
Cincinnati
Milton A. Puckett
Columbus
Timothy J. Putman
Canton
Alan T. Radnor
Columbus
Mark A. Rafidi
Canfield
Ted L. Ramirez
Washington, DC
Kathleen Hayes Ransier
Columbus
Dennis A. Rathburn
Columbus
Robert H. Rawson
Cleveland
Frank A. Ray
Columbus
Frank J. Reed
Columbus
William J. Rees
Columbus
Judge Christopher J. Regan
Jackson
Hon. Richard D. Reinbold Jr.
Canton
Douglas W. Rennie
Cincinnati
Clement A. Revetti
Andover, MA
John L. Reyes
Akron
Susan L. Rhiel
Columbus
Paul D. Rice
Granville
Lawrence H. Richards
Poland
R. L. Richards
Dublin
Matthew J. Richardson
Columbus
Thomas B. Ridgley
Columbus
Ron L. Rimelspach
Sylvania
Judge Richard J. Rinebolt
Findlay
Dana G. Rinehart
Columbus
William T. Rini
Beachwood
Stephen C. Roach
Toledo
Scott M. Robe
Athens
John F. Robenalt
Osprey, FL
Carmen V. Roberto
Akron
James E. Roberts
Poland
Mark F. Roberts
Springfield
John B. Robertson
Gates Mills
Michael L. Robinson
Akron
Douglas L. Rogers
Columbus
Nancy H. Rogoff
Chagrin Falls
Matthew J. Rohrbacher
Toledo
Ohio Lawyer
37
Carol Rolf
Cleveland
G. Drew Rolston
Logan
J. Andrew Root
Xenia
Gordon L. Rose
Wilmington
Jacob I. Rosenbaum
Pepper Pike
Harold A. Ross
North Olmsted
Anthony G. Rossi
Warren
Jerry Rossman
New Albany
Richard M. Rothfuss
Cincinnati
Michael J. Rourke
Columbus
David W. Rowan
Cleveland
Ronald L. Rowland
Columbus
Thomas O. Ruby
Columbus
Randil J. Rudloff
Warren
Michael A. Rumer
Lima
C. Allan Runser
Van Wert
David P. Rupp
Archbold
James D. Ruppert
Franklin
Dr. Michael J. Russo
Seven Hills
Robert A. Rutter
Independence
Robert P. Rutter
Independence
Edwin L. Ryan Jr.
Dayton
Philip P. Ryser
Dublin
James A. Saad
Westerville
Michael D. Saad
Columbus
Tamara S. Sack
Cincinnati
James P. Salyer
Mc Arthur
Harvey M. Samuels
Columbus
Robert M. Sanders
Reynoldsburg
Thomas R. Sant
Columbus
38
Ohio Lawyer David A. Saphire
Centerville
James L. Sassano
Cleveland
Timothy W. Sauvain
Beachwood
Charles R. Saxbe
Columbus
Lawrence J. Scanlon
Akron
Thomas J. Scanlon
Cleveland
David J. Scarpone
Steubenville
B. Joseph Schaeff
Dayton
Benjamin Scherner
Powell
Hans Scherner
Columbus
Scott W. Schiff
Columbus
Maria Romanowski Schimer
Rootstown
Hon. Richard T. Schisler
Portsmouth
Alfred W. Schneble III
Dayton
Kenneth J. Schneider
Cincinnati
Donna J. Schoebel
Columbus
Alfred E. Schrader
Akron
Thomas C. Schrader
Brecksville
Patricia J. Schraff
Willoughby Hills
Joseph C. Schroeder
Ottawa
Stephen J. Schuh
Cincinnati
Allen Schulman
Canton
John D. Schuman
Columbus
Richard M. Schwartz
Cincinnati
Paul A. Scott
Columbus
James H. Searles
Brussels, Belgium
Jon M. Sebaly
Dayton
Kenneth F. Seibel
Cincinnati
Oliver E. Seikel
Cleveland
James A. Sennett
Beachwood
Stephen R. Serraino
Bellevue
Michael I. Shapero
Beachwood
Alan J. Shapiro
Shaker Hts.
Joseph W. Shea
Cincinnati
Alan W. Sheppard
Columbus
James C. Shew
Middletown
Sam M. Shihab
Dublin
David P. Shouvlin
Columbus
Jeffrey B. Shulman
Dayton
Roger L. Shumaker
Cleveland
Alex Shumate
Columbus
David S. Sidor
Columbus
Thomas J. Sigmund
Columbus
James D. Sillery
Athens
William G. Simon
Ravenna
Jay M. Skolnick
Canfield
James W. Slater
Akron
Donald C. Slowik
Columbus
Bradley C. Smith
Dayton
J. MacAlpine Smith
Bellefontaine
Katherine C. Hart Smith
Akron
Larry A. Smith
Dayton
Scott E. Smith
Columbus
Stephen L. Smith
New Bremen
Stephen K. Snavely
Defiance
Richard G. Snell
Dayton
Jill M. Snitcher McQuain
Columbus
James D. Snively
Massillon
John A. S. Snoderly
Cuyahoga Falls
Constance A. Snyder
Maumee
Daniel M. Snyder
Findlay
Mary K.C. . Soter
Dayton
Michael Soto
Westerville
Beatrice K. Sowald
Columbus
Heather G. Sowald
Columbus
Judge George W. Spanagel
Cleveland
David M. Spears
Ironton
John M. Spencer
Springfield
Thomas M. Spetnagel
Chillicothe
Allen S. Spike
Elyria
Neil H. Spike
Elyria
Thomas F. Spinks
North Ridgeville
Steven M. Spitler
Toledo
Andrew R. Spriegel
Hudson
Margaret E. Stanard
Cleveland
Paul J. Stano
Cleveland
Ronald C. Stansbury
Cleveland
Margaret A. Stavick
Youngstown
Terrence J. Steel
Cleveland
Melody L. Steely
Circleville
Stanley R. Stein
Columbus
John S. Steinhauer
Akron
Judge John T. Stelzer
Bryan
James S. Stevenson
Columbus
Robert C. Stinson
Okatie, SC
John S. Stith
Cincinnati
John P. Stockwell
Toledo
Mark E. Stone
Beavercreek
Andrew C. Storar
Dayton
Roger P. Sugarman
Columbus
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Chardon
James E. Swaim
Dayton
Todd S. Swatsler
Columbus
Gerald H. Swedlow
Columbus
Robert P. Sweeney
Cleveland
David L. Swift
Naples, FL
Curtis J. Sybert
Powell
Joseph R. Tafelski
Toledo
Thomas M. Taggart
Columbus
Thomas P. Taggart
Marietta
Judge Kevin H. Taylor
Van Wert
Joseph P. Thacker
Toledo
Jason E. This
New Bremen
Duke W. Thomas
Columbus
Mark A. Thomas
Saint Clairsville
Warner M. Thomas Jr.
Columbus
H. Lee Thompson
Columbus
Nancy C. Thornburgh
Miamisburg
Roger D. Tibbetts
Lakewood
Stephen F. Tilson
Galion
Stuart Tobin
Cincinnati
Gerald J. Todaro
Columbus
Louis E. Tosi
Toledo
Ronald N. Towne
Akron
Louis E. Tracy
West Carrollton
J. Robert True
Batavia
Angelo J. Tsangeos
Canton
Narcus J. Tsiliacos
Worthington
Sol Tushman
Beachwood
Mark A. Tuss
Dayton
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Northfield
Warren L. Udisky
Cleveland
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Ottawa
Joseph P. Valore
Urbana
Craig J. Van Horsten
Toledo
Robert J. Vana
Tallmadge
Amber L. VanGunten
Delta
Jane M. Varga
Cleveland
Christopher E. Veidt
Logan
Frederick A. Vierow
Worthington
Jackman S. Vodrey
East Liverpool
Daniel R. Volkema
Columbus
Peter F. von Meister
Dayton
John C. Vorys
Columbus
William J. Wahoff
Columbus
Wallace W. Walker
Brecksville
William R. Walker
Athens
Hugh E. Wall
Dayton
Richard H. Wallace
Sidney
Judge Richard M. Wallar
Logan
Stephen E. Walters
Cleveland
John R. Waltman
Millersburg
Robert F. Ware
Cleveland
Marc F. Warncke
Defiance
Linda R. Warner
Pomeroy
Douglas W. Warnock
Delaware
Richard S. Wayne
Cincinnati
James K. Weaner
Defiance
John W. Weaner
Defiance
Edward P. Weber
Aurora
Judge Herman J. Weber
Cincinnati
Geoffrey E. Webster
Columbus
Stephen D. Webster
Cleveland
Donald Weckstein
Dayton
Robert J. Weiler
Columbus
Samuel B. Weiner
Columbus
John C. Weisensell
Akron
Larry A. Weiser
Cleveland
Joseph H. Weiss
Chesterland
Fred Wendel III
Chagrin Falls
James I. Weprin
Dayton
Robert W. Werth
Columbus
Bruce J. Weston
Columbus
Sandra M. Wetzel
Westerville
David R. White
Scottsdale, AZ
Judge Harold F. White
Akron
Hon. Harry W. White
Saint Clairsville
Martin F. White
Warren
Jerry F. Whitmer
Akron
Donald K. Wick
Mount Gilead
Robert C. Wiesenmayer
Wapakoneta
Charles W. Wilburn
Circleville
James M. Wiles
Columbus
John W. Wiles
Willoughby
Grant W. Wilkinson
Maumee
C. Bruce Williams
Salem
Vesper C. Williams
Toledo
Richard L. Williger
Akron
Paul W. Winks
Springfield
Christopher S. Winters
Westlake
Robert N. Wistner J.D.
Dublin
Dennis L. Wittman
Hamilton
Richard E. Wolfson
Portsmouth
Margaret W. Wong
Cleveland
Dr. Wheaton B. Wood
Athens
Col. Dale N. Woodling
Sarasota, FL
William H. Woods
Columbus
Frank C. Woodside
Cincinnati
Donald G. Worly
Powell
R. Douglas Wrightsel
Columbus
Barbara Friedman Yaksic
Beachwood
David J. Young
Supply, NC
Martin M. Young
Cincinnati
William J. Zabkar
Westerville
Judge Thomas F. Zachman
Ripley
A. William Zavarello
Akron
John W. Zeiger
Columbus
Richard G. Zellers
Canfield
Barry H. Zimmer
Cincinnati
Terry D. Zimmerman
Akron
Richard V. Zurz
Akron
* Deceased
Ohio Lawyer
39
CLE Calendar
To register or for more information, call (800) 232-7124 or (614) 487-8585 or visit our website at www.ohiobar.org
Strategies for Taking Charge of Your Law Practice
6.0 CLE credit hours
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Health Care Law
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Ohio Lawyer Building Intelligent Templates, Precedents and
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2.5 CLE credit hours (PM)
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11/12 - Cleveland, Columbus,
Sean Carter, Humorist at Law
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Financial Planning for Lawyers
11/25 - Fairfield - Receptions Conference
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ACTL Ethics, Professionalism and Substance
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Growth Strategies
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