Item Link: So what do OSBA committees and sections do, anyway?

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Attend a fall 2010 committee or section council meeting and find out why committees and sections are your ticket to success. In addition to networking, members often contribute to legal publications, review pending legislation, draft legislative proposals and develop projects and programs designed to improve the legal system in Ohio. As an added bonus, distinguished guests are frequently invited to meetings to share their expertise on current issues affecting the profession.

Click here to check out the Fall 2010 Committee and Section highlights to see what you could be missing.

All meetings are at OSBA Headquarters unless otherwise noted.

Item Link: Simply the “best,” intentionally vague

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The phrase “best interest of the child” is an oft-quoted, misunderstood concept that has been in the minds and plans of litigators since the beginning of litigating parental rights and responsibilities, according to Stephen W. Daulton of Stephen W. Daulton & Associates Co. LPA in Columbus. The phrase and the legal concepts that support the statutory definition of “best interest” are intentionally vague. Since the standard of review in best interest litigation is preponderance of the evidence and since the statutory definition of best interest is vague and subject to subjective interpretation, it is impossible to predict the outcome of such litigation. Worse, the standard of review in the appellate courts is an “abuse of discretion” standard. On appeal the prevailing party need only demonstrate that all of the factors outlined in R.C. 3109.04(F) were considered. The weight given by the trial court is not subject to reinterpretation.

So how is the best interest of the child determined? Join Daulton and other family law practitioners at the OSBA CLE seminar Guardian Ad Litem (GAL) on Sept. 8 in Columbus (live or through webcast) or Sept. 15 in Cleveland to find out. This program provides an overview of the critical elements of the GAL’s role in domestic relations and juvenile law practice. Attorneys who practice as GALs as well as domestic relations and juvenile law practitioners who work with them will benefit from this program. Please note: this program does not qualify for GAL training as mandated by the Supreme Court.

This course is worth three total CLE credit hours and three specialty hours toward OSBA family relations law certification. Click here for more information, or call the OSBA Member Service Center at (800) 232-7124 or (614) 487-8585.

Item Link: Print “privilege” mightier than the blog

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Nationally known Christopher Elliott is a consumer advocate for MSNBC, National Geographic Traveler, Tribune Media Services and The Washington Post. Steven Frischling, aka Fish, is a globe-hopping professional photographer, airline emerging media consultant who works with large global airlines and the founder of The Travel Strategist and the blog, “Flying with Fish.” But are Elliott and Frischling considered journalists and entitled to protect their news sources through the shield law?

This is just one of many provocative topics to be discussed during the Law and Media Conference at the Ohio State Bar Association in Columbus on Friday, Oct. 15, in the session “Shield law: Is it time to let bloggers and online reporters protect news sources?”

Elliott and Frischling will be on hand to discuss “the privilege” with Professor Susan M. Gilles of Capital University Law School in a session moderated by attorney Daniel T. Trevas, senior communications consultant for Nationwide Insurance and of counsel to Axelrod LLC in Columbus.

To register for the conference, call the OSBA at (800) 232-7124 or (614) 487-8585 or visit www.ohiobar.org/LawandMedia. Advance-registration conference cost for lawyers is $50 (4.5 CLE hours approved); $30 for journalists and $15 for students. After Oct. 8, the cost for lawyers and journalists increases by $20. Conference sponsors include the Ohio Newspaper Association, the Ohio Association of Broadcasters and the Central Ohio Chapter of the Society of Professional Journalists.

Item Link: Safety first: Implementing a written orientation and training plan

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No matter how safe a work environment you provide, the success of your safety-and-health systems depends on the managers, supervisors, team leaders and employees buy-in of safe work practices. The goal of any safety and health training program is not just to impart knowledge, but also to change behaviors and improve decision making. Through a written orientation and safety training, employees receive information about hazards, procedures, processes and expected behaviors.

Your company safety and health training plan should include:

• Company safety and health policy statement; and
• Employee responsibilities.

After your new employees participate in safety orientation, have their supervisors provide them with job-specific safety and health training. Do not permit employees to start a job until they have received instructions on how to perform the work safely.

In addition, it is important to build supervisor and manager competency levels in safety-and-health. As they emphasize and learn more about effective safety-process management, employees are less likely to be injured or become ill from inherent hazards.

Fully document your safety and health training by including the date, topics covered, instructor’s name and the names of employees attending the training session. Have employees answer written questions about the content of educational material you presented. This helps provide a sense of importance to the training, measures understanding and retention of the material and documents the effectiveness of the training. It also provides the opportunity for constructive feedback from the employees. Have each employee in attendance sign the documentation form on the day of completion.

The Ohio State Bar Association has been providing members with discounts on workers' compensation premiums since 1993 through the OSBA group rating program administered by the Frank Gates Service Company. Click here to find out more.

Item Link: Keep professionalism on par with Ideals

Text: Abraham Lincoln once said, “A lawyer’s time and advice are his stock in trade.” This tried and true statement could be applied to counsel appearing before the Industrial Commission and to hearing officers conducting hearings or drafting orders, according to William J. Heine of the Industrial Commission of Ohio.

Professionals in the hearing room also must reaffirm a commitment to the Aspirational Ideals, which makes it easier to stay “fresh” as lawyers continually strive for a more professional and prideful career.

Please join Heine and others with in-depth knowledge of work injury cases at the OSBA CLE seminar Advanced Workers’ Compensation Sept. 2 in Cleveland and Sept. 10 in Columbus (live or through webcast), Fairfield or Perrysburg. Program topics include:

• Industrial Commission Continuance Policy;
• Continuing jurisdiction and back to baseline issues;
• Professionalism in the hearing room; and
• Bureau of Workers’ Compensation update.

This course is worth 6.25 total CLE credit hours, including one hour of ethics and one hour of professionalism, and is approved for 6.25 hours of workers’ compensation certification. Click here for more information.

Item Link: New option available for uninsured Ohioans

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The Ohio State Bar Association Insurance Agency (OSBAIA) provides insurance to OSBA members and works with lawyers, paralegals and law school students to develop plans based on individual needs. The OSBAIA also wants you to be aware of a new program for those with pre-existing conditions struggling to find a health insurance plan.

If you have been turned down for health coverage because of a pre-existing condition or been without insurance for more than six months, you might be eligible for Ohio High Risk Pool plans administered by Medical Mutual of Ohio.

Funded by the U.S. Department of Health and Human Services, the Ohio High Risk Pool is designed to give uninsured Ohioans with pre-existing conditions access to quality health insurance. With two affordable plan choices, responsive local customer service, and access to the largest network of doctors and hospitals in the state, the Ohio High Risk Pool may give you the coverage you need.

Click here for more information, or contact OSBA Insurance Director Bo Drake at bdrake@ohiobar.org.

Item Link: Experience unmatched benefits and value with your OSBA membership

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Our goal at the Ohio State Bar Association is to make membership indispensable to Ohio lawyers. That means offering you the best programs and services to meet all of your professional needs, including unmatched benefits to help you through a rough economy. Some may think they cannot afford to be a member of the OSBA but, the reality is, you cannot afford not to.

Here are some of the valuable benefits you receive with your OSBA membership that are particularly attractive in today’s economic climate:

Casemaker
The new version of Casemaker, the OSBA’s online legal research tool, launched in early 2009. Casemaker is available 24/7 virtually anywhere in the world with an Internet connection to OSBA members at no additional charge as part of their OSBA dues. New features expand your research options.

OfficeKeeper
The OSBA developed OfficeKeeper, the Association’s award-winning online law office management resource, as a nuts and bolts resource guide to opening, maintaining and closing a law office, covering both the day-to-day operations of a law office as well as matters related to client relations. OfficeKeeper includes checklists, forms, references and links to Web sites and the new Model Rules of Professional Conduct. In today’s economic times, this is an even more valuable resource for OSBA members.

CLE
The OSBA remains the premier CLE provider in Ohio. Options are available 24/7 to the lawyers of Ohio through live presentations, video replays, Webcasts, podcasts and other online options. We are always ahead of the curve with new programs responding to current changes in the law.

Committees and sections
The OSBA’s 43 committees and 10 sections provide opportunities to gain valuable resources and insights. Committee and section members review pending legislation, draft legislative proposals and develop projects and programs designed to improve the legal system in Ohio. By joining a committee or section, members can increase their expertise in specific practice areas, accomplish collective goals and exchange ideas with their peers.

Insurance Alliance Program
The cost of health insurance is one of the many economic pressures facing Ohio law firms. The OSBA Insurance Agency understands and has responded with a new health insurance alliance with Medical Mutual of Ohio that provides access to exclusive savings opportunities through the pooling of interested OSBA members from across the state.

Silent Partner
"Silent Partner" is designed to provide OSBA members with confidential advice and guidance from experienced and successful members of the bar to you, the practicing lawyer, on a wide range of problems or concerns involving, but not limited to you and your law practice; your partners, associates or employees; your clients, family or friends; the Association or judiciary. Silent Partner panel members are attorneys who have gained the respect of their fellow attorneys through the successful practice of law.

OLAP
In tough economic times, there may be a rise in depression, substance abuse and/or other mental health matters. The Ohio Lawyers Assistance Program is a confidential way for lawyers to have access to assistance with these matters. This is another way the OSBA can assist members in tough economic times. Confidential assistance is available by calling (800) 348-4343.

Career Center
Now, more than ever, Ohio attorneys need programs and services to help them reach their highest level of professional success. The OSBA offers a variety of career services to assist attorneys with personal advancement, professional development, career satisfaction and legal workplace issues.

The OSBA’s powerful new online career center, powered by career services leader Job Target, connects job seekers with prospective employers in the legal field. Job seekers can post resumes, search jobs, access numerous career resources and manage their job search all in one place. OSBA members receive special rates on job postings, and all employers have access to numerous tools designed to help you find the right candidate for your job opening.

Job seekers should also make a habit of checking the weekly job postings found in the OSBA Report Online. Whether you are seeking new career opportunities, hiring new associates for a law firm, managing a law practice, or trying to strike balance with the day-to-day pressures of a demanding profession, the OSBA has programs that provide the expert advice and information you need.

Publications
OSBA members have access to the weekly OSBA Report, weekly OSBA Report Online, bimonthly Ohio Lawyer, all the section newsletters, the newsletters for associate members (students and paralegals) and our growing list of e-mail publications.

Financial hardship help
Members experiencing a period of financial difficulty may apply for up to 50 percent off their annual dues.

Member Service Center
The OSBA Member Service Center is available during regular business hours to answer questions about OSBA services, membership maintenance, to register for CLE courses or most other member needs. Please call the Member Service Center at (800) 232-7124.

Facilities
OSBA members who need a place for a meeting, conference calling, video conferencing or online meeting capabilities in Columbus can use facilities at the OSBA Headquarters building free of charge on an availability basis. Contact Joe Brancato for your technology needs and Jan Rose for room reservations. You can reach them both by calling (800) 282-6556.

News
Connect with Legal News for news items related to the current economic situation and the legal profession.

Item Link: Young lawyer applies love of technology to his practice

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Most law students have undergraduate degrees such as political science, history or English. Andrew Clark is an exception. He graduated from Ohio Dominican University with a degree in computer science, and his unique background has allowed him to bring a different perspective to the profession.

“Logic equations are a big component of both programming and understanding the law,” Clark says. “The ability to think abstractly can be helpful when crafting arguments and understanding the interplay between issues.”

Clark’s computer background has been extremely helpful for his career as an attorney, as he is able to provide clients with technical knowledge regarding programming and computing issues.

“Virtually everything about my practice centers around the use of technology,” explains Clark. “A big part of operating a technologically advanced law office is understanding what you need, what you have and what you are actually using.”

After Clark graduated from Capital University Law School, he started his own practice as a general practitioner. In November 2009, he joined the Dublin law firm of Anelli Holford, Ltd., where he focuses on real estate, business planning and general litigation. He lives in Hilliard with his wife, Sara, whom he met in law school. He is an active member of the Ohio State Bar Association’s Young Lawyers Section Council and was recently appointed as the vice chair for the OSBA’s Solo, Small Firm and General Practice Section. He is also a member of the Columbus Young Professionals, as well as several committees and sections of various bar associations.

Although Clark’s education has prepared him well for many elements of the profession, he believes that education alone could not prepare him for generating business, managing a practice and creating his own niche. “My advice to new lawyers entering the solo/small firm arena is to find a mentor who can help provide some direction.” He offers, “The legal concepts that we deal with on a daily basis are only a portion of what being a lawyer is all about. A lawyer is more than the well drafted document or flawless closing argument he or she presents. A lawyer is an advocate, a counselor, an advisor and occasionally the bearer of bad news and a mentor can help you become a well-rounded, successful lawyer.”

Clark believes that social media sites provide a convenient and invaluable forum for attorneys, regardless of their age: “Active involvement with sites such as Facebook, Twitter and LinkedIn can increase your market visibility, provide co-counsel opportunities, reinforce your current relationships and help you understand how social media sites may impact your clients.”

Click here to view a video interview with Clark on the OSBA's YouTube channel.

Item Link: Chief Justice Moyer Legacy Fund established

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The Ohio State Bar Association, the Ohio State Bar Foundation, the Ohio Judicial Conference and The Ohio State University Moritz College of Law announced the establishment of the Chief Justice Moyer Legacy Fund to honor the contributions of the late Chief Justice Thomas J. Moyer.

The Fund’s initial fundraising efforts will support two worthy causes:

• Chief Justice Thomas J. Moyer Professorship for the Administration of Justice and Rule of Law. This endowed professorship at The Ohio State University Moritz College of Law will honor and continue Chief Justice Moyer’s legacy of integrity and professionalism, deepening the impact of these qualities on the lives of countless students and on the law itself; and
• Fellowship grants to law students at Ohio law schools. These rotating fellowship awards will support statewide legal education initiatives and programs for exceptional law students to instill in them the concepts of ethics, integrity and civility that Chief Justice Moyer personified.

Details about the Chief Justice Moyer Legacy Fund will be unveiled at a gala planned for Dec. 3 in Columbus.

“Our friend and colleague, Thomas J. Moyer, the mild-mannered patriarch of the Ohio judiciary for nearly a quarter century, is gone,” said Barbara J. Howard, OSBA past president and chair of the Chief Justice Moyer Legacy Fund Committee. “He leaves an amazing legacy of which every citizen of the State of Ohio can be proud. And he leaves a legacy that all of us can preserve through the Chief Justice Moyer Legacy Fund. We are announcing the establishment of the Fund now so the lawyers, judges, leaders and citizens of Ohio can join together in supporting the legacy of Chief Justice Moyer in very meaningful ways and in ways that will last in perpetuity."

Members of the Chief Justice Moyer Legacy Fund Committee include:

• Barbara J. Howard, chair, immediate past president, Ohio State Bar Association;
• Alison Belfrage, executive director, Ohio State Bar Foundation;
• David B. Bennett, president, Ohio State Bar Foundation;
• Robert M. Duncan, former Justice, Supreme Court of Ohio;
• Judge Sheila Farmer, chair, Ohio Judicial Conference;
• Steven C. Hollon, administrative director, Supreme Court of Ohio;
• Leslie W. Jacobs, partner, Thompson Hine;
• Carol Seubert Marx, president-elect, Ohio State Bar Association;
• Dean Alan C. Michaels, The Ohio State University Moritz College of Law;
• Frederick E. Mills, partner, Vorys Sater Seymour & Pease;
• William S. Newcomb Jr.; retired partner, Vorys Sater Seymour & Pease;
• Carmen V. Roberto, president, Ohio State Bar Association; 
• Steve Stover, legislative counsel, Ohio State Bar Association; and
• Craig Zimpher, vice president, government relations, Nationwide Insurance.

Item Link: Give clients an advantage at trial—you

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The Ohio State Bar Association is offering a continuing legal education program specifically for criminal defense attorneys to hone their trial advocacy skills.

On Sept. 8 in Cleveland or Sept. 28 in Columbus (live or through webcast), learn about the most effective ways to conduct voir dire and examine witnesses on the stand at the Criminal Advocacy seminar. This program will explore the best strategies for appeal and how to use motions and evidence to your client’s best advantage.

This course is worth six total CLE credit hours. Click here for more information, or call OSBA Member Services at (800) 232-7124 or (614) 487-8585.

Item Link: Mayor's court activity for 2009 shows increase in new cases

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Following a four-year decline, more than 300,000 new cases were filed in Ohio’s 330 mayor’s courts in 2009, according to a report released by the Supreme Court of Ohio.

The total new filings for all case types increased by 6 percent over 2008, mainly due to a 7 percent year-over-year increase in “Other Traffic” cases, which includes any traffic cases other than OVI (operating a vehicle while under the influence) cases.

Ohio law allows mayors of municipalities with more than 100 residents without a municipal court to conduct mayor’s court. These courts hear only cases involving violations of local ordinances and state traffic laws.

In 2003, the General Assembly made mayor’s court registration and reporting with the Supreme Court mandatory for the first time and, beginning in 2004, the courts began filing quarterly reports under the new law. Mayor’s courts operate largely outside the judicial system as quasi-judicial bodies administered by mayors in the executive branch.

In 2009, Linndale mayor’s court in Cuyahoga County led the state in cases per 100 residents with 3,987, just as it did for 2008 and 2007. Only one other community, Hanging Rock in Lawrence County, generated more than 1,000 cases per 100 residents. Statewide, mayor’s courts averaged 22 cases per 100 residents in 2009.

The Supreme Court analyzes case filing patterns and trends for the exclusive purpose of assisting in the efficient administration of justice. The Court does not examine or analyze larger social and governmental trends that may contribute to or influence changes in case filing volumes.

To access the 2009 summary, click here.

Item Link: Message from OSBA President: Preserve civility in Supreme Court of Ohio races

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The following is a statement issued by Ohio State Bar Association President Carmen V. Roberto.

The Ohio State Bar Association has long believed that the citizens of Ohio need to be presented with the credentials and experience of candidates for the Supreme Court of Ohio so they can make intelligent and informed voting decisions. Credentials, judicial temperament and experience should be the focus of the races for Supreme Court of Ohio, not name calling, personal attacks or political posturing.

The Supreme Court of Ohio has long been noted for having justices who show respect to one another and to those who appear before them. That is a standard that all candidates for seats on the Supreme Court of Ohio should maintain during the campaign and after the election to ensure the public’s trust and confidence in the judiciary.

We urge the candidates for the Supreme Court of Ohio to be civil to one another, to respect their differences and to provide Ohioans with the information about their credentials and experience voters deserve to make well-informed decisions on Election Day.

Item Link: With Facebook “friends” like these …

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Relationships may come and go, but Facebook is forever—and divorce attorneys are taking full advantage of it.

Social networking sites can be a treasure chest of evidence in a divorce, according to Judge Colleen A. Falkowski of Lake County Domestic Relations Court. In a recent survey conducted by the American Academy of Matrimonial Lawyers, 81 percent said they have seen a large increase in the number of divorce cases using social networking evidence.

Want to know more? Check out Falkowski’s article, “Life is an open book,” from the most recent issue of Solo, Small Firms and General Practice News.