January 2010
by
Michael D. Murray, Esq.
IF IT AINT BROKE …
Chief Justice Moyer’s most recent role as activist is to ban the local
certified grievance committees. It was a complete surprise to me as I have
never heard that the current process, of utilizing local grievance
committees, was producing poor results. I cannot speak of other bar
associations but anyone who has had the pleasure to serve on the Lake County
Grievance Committee will tell you that it is an effective system in dealing
with disgruntled clients and lawyers who have gone astray. All of the
investigation is done by experienced lawyers at no cost. Only when charges
are filed is there a need to hire Bar Counsel. Being a member of the
committee is an educational process. However there is now a push to have all
grievances heard by a newly created Columbus Beauracracy. My guess is these
jobs will be filled by attorneys who have never practiced law.
In March 2009 Our Chief Justice appointed an 18-member group consisting
of the Supreme Court’s Disciplinary Counsel, the Secretary to the Board of
Commissioners on Grievances & Discipline, and various judges, attorneys and
law professors. The task force was ordered to conduct a comprehensive review
of the current disciplinary system and determine whether it provides the
most effective and efficient means of investigating, prosecuting and
adjudicating allegations of professional misconduct on the part of Ohio’s
lawyers and judges.
A recent review of the minutes of the task force shows that an on line
survey was conducted and the task force was making some extrapolations. Here
is part of the minutes.
"Task Force members shared the following observations based on
their review of the survey responses: (1) some support for moving
toward a more regionalized grievance structure; (2) the lack of
responses that would deter the Task Force from further discussing
the alternative structure proposals that were reviewed at the July
meeting; (3) the need for enhanced training for bar counsel and
volunteer members of certified grievance committees; (4) the lack of
feedback from respondents on the work of individual committees, due
largely to the survey’s classification of CGCs as small, medium, and
large; (5) the lack of respondents’ experience with smaller CGCs,
due in large part to the fact that these committees file very few
formal complaints.
The Task Force then discussed a structure proposal that would
permit the Ohio State Bar Association and any county with a lawyer
population of more than 600, based on the office address of active
lawyers, to establish and maintain a CGC. Using current attorney
registration figures, this figure would allow for nine CGCs. The
Task Force agreed that the lawyer population would be a threshold
for establishing a committee, but other criteria should be
established to maintain a CGC. The Task Force took a tentative vote
on a number of proposals that yielded the following restructure
proposal to guide future discussion and the work of the Process
Subcommittee:
Any existing CGC that serves a lawyer
population of 600 or more (based on office address), and
that satisfies other established criteria, could maintain
its certified grievance committee. For a limited period of
time (six months or one year) after the effective date of
any amendments to Gov. Bar R. V, a CGC that does not meet
the 600-lawyer threshold could merge with a CGC in a
contiguous county to meet the 600-lawyer threshold and other
applicable criteria. During this period, a non-qualifying
CGC could not accept any new grievances, but could complete
any on-going investigations and prosecutions. A CGC would be
required to have bar counsel, who must satisfy specific CLE
requirements and other criteria set forth in Gov. Bar R. V.
"
So as you can see, once you have 600 lawyers, than everything is ok.
(Wasn’t there a joke about 600 lawyers on the bottom of the ocean?). Judge
Trapp of the Eleventh District Court of Appeals is working hard to bring
common sense to this task force. I have expressed to her the willingness of
LCBA members to help if necessary.
December 2009
by
Michael D. Murray, Esq.
As I prepare this article, we are
approaching the Thanksgiving Holiday and wrapping up another year. As is
required by this holiday, we are to consider the many reasons to be
thankful. Sometimes we forget how good things are without some time for
reflection. Although you are reading this after the holiday, being thankful
is always timely. Knowing that you are all busy, I will provide the reasons
to be thankful for you. Just another service as your president.
Let’s be thankful to be lawyers. The practice
of law is still a noble profession. It requires a balance of hard work,
knowledge and creativity. We have the ability to help and guide those who
are often in a difficult time of life. At times the rewards are low and the
stress is high. However it still is a rewarding career that allows us to
learn new things on a daily basis and to earn a comfortable living.
Let’s be thankful to be Americans.
Not to be smarmy, but this is the greatest country on earth. My family
story is like many of yours. I am the grandson of Irish immigrants who came
to America with no money and limited education. Their greatest wish was to
have better opportunities for their children and grandchildren. The
obtaining of higher education was instilled in us from birth. In just two
generations, our family went from starving on a desolate land to having
access to obtaining higher education at a reasonable cost. Not only is
this a land of great opportunity, but it is great to be a lawyer in
America. Could any of us imagine the practice of law without the U.S.
Constitution and the Bill of Rights?
Let’s be thankful to be in Lake County Ohio.
Not only is it home to the finest bar association, it is a great area to
live and work. We have a reasonable cost of living and affordable homes.
Sure, we don’t have the climate of San Diego, but we do get to enjoy the
four seasons. We have close access to (professional?) sports teams and a
Great Lake. We have been blessed over the years with an excellent judiciary
and the civility of the vast majority of our bar members.
Let’s be thankful for our health.
As
we all know, health is everything. Let us cherish when we have it.
The recent social event to honor
the young and newly admitted lawyers was a great success. It was a great
opportunity to meet some new faces and see some old. (I have learned not to
designate the difference). Many seemed encouraged to join or maintain their
membership in the LCBA. Special thanks go out to all who participated and
to the Judges Mitrovich, Cannon, Collins and Gibson for taking time to
encourage our young colleagues to be bar members. Although one member
wished for rain and flat tires, it turned that no scourge was cast upon us.
We will have another welcoming event to coincide with the spring bar
passage.
***
Last month I shared the following quote:
‘Ex parte conversations with the Judge, not only are they
ethically not permitted, but really unfair to the other side”.
That
was none other than James Jackson
Can you guess the Lake County Jurist who said the
following?
The informal feedback that this Judge has heard from
members of the Bar who attended the recent Drug and Alcohol Abuse seminar is
very parallel to the reactions of most judges who also had to attend their
own sessions. The mutual point of view seems that these are largely a waste
of valuable time in that they consist mainly of “war stories” by reformed
abusers.
November
2009
by
Michael D. Murray, Esq.
LAWYER ADVERTISING; SECOND GENERATION
Thirty some years ago, the Supreme Court gave the green light to lawyer
advertising. It was undoubtedly a great crossroad for the legal
"profession". Although, I wouldn’t become a lawyer for another 10 years, I
can still remember the initial debate. I did not grow up in a legal family
but I did have contact with some lawyers through my Father’s business and
political dealings. As a youth, I would watch television and read billboard
advertisements; most of those encouraged me to smoke Marlboro cigarettes.
None of those ads told me what law firm to hire. When I was introduced to a
lawyer, it would often be accompanied with some background information that
established his reputation. My children today know a lot of lawyers. But
mostly they remember the tag lines they see on television.
In the September 1979 Lake Legal Views, then Lake County Bar Association
President Tom Dean commented as follows;
"While it’s really too early to tell, one of the end results of
legal advertising might be the creation of super law companies. If
the large firms ever become convinced that advertising for legal
services is in their best interest, then the little legal ads of
today will seem like small potatoes. The large law firms have the
financial resources to market their ‘product’ beyond anything
today’s small law firm could possibly do".
Proponents of lawyer advertising often state that it is a benefit to the
public for a consumer to make an informed decision. But most advertising is
intended only for name recognition, especially on the larger level. Which
leaves us with the question Tom Dean had foreseen; what do we do with our
small potatoes?
Many lawyers in the generation before us had a disdain for advertising.
They saw it as an undermining of the profession. The public today has become
numb to it. Many wouldn't hesitate to call a "big box" firm. That's the
biggest problem with advertising. It works.
Most of us practicing in Lake County don't have the resources or the
desire to create a marketing department in our firms. Yet we all recognize
some need to do something. There was a time when the yellow pages of the
phone book ruled the day. First a whole page, then two pages and onto the
covers. Now there are three different phone books. Meet with any of their
representatives and they will tell you that their book is the best. Then
there is the internet. No doubt more people each day will turn to the
internet over the phone book when there is a need to hire a plumber, tree
trimmer or a lawyer. Clients are beginning to expect a lawyer to have an
"internet presence".
I believe our Bar Association needs to be pro-active in the coming years
to provide support for our members in this area. First we should plan to
update our website this year and continually update it in the future.
Ideally anyone looking for a lake county lawyer should be channeled to the
LCBA website. It’s been a few years since our site was updated and I would
like to see what improvements can be made. If anyone knows of a website guru
please let me know. I also think we should increase efforts to inform those
members of the public who don’t have a lawyer about our lawyer referral
service. I encourage your suggestions on this in the hopes of a better bar
association.
********
Famous Quotes
All of the old Lake Legal Views are in the Lake County Law Library. I
found great amusement in reading some of the old articles. Here is a quote I
found. Can you guess the author?
"Lawyers, we must understand, are a strange breed of human;
motivated by their own ego, intertwined with their client’s cause
and warped by their personal sense of justice which usually means
whatever is in the client’s best interest".
October 2009
by
Michael D. Murray, Esq.
LAWYER ADVERTISING; SECOND GENERATION
Thirty some years ago, the Supreme Court gave the green light to lawyer
advertising. It was undoubtedly a great crossroad for the legal
"profession". Although, I wouldn’t become a lawyer for another 10 years, I
can still remember the initial debate. I did not grow up in a legal family
but I did have contact with some lawyers through my Father’s business and
political dealings. As a youth, I would watch television and read billboard
advertisements; most of those encouraged me to smoke Marlboro cigarettes.
None of those ads told me what law firm to hire. When I was introduced to a
lawyer, it would often be accompanied with some background information that
established his reputation. My children today know a lot of lawyers. But
mostly they remember the tag lines they see on television.
In the September 1979 Lake Legal Views, then Lake County Bar Association
President Tom Dean commented as follows;
"While it’s really too early to tell, one of the end results of
legal advertising might be the creation of super law companies. If
the large firms ever become convinced that advertising for legal
services is in their best interest, then the little legal ads of
today will seem like small potatoes. The large law firms have the
financial resources to market their ‘product’ beyond anything
today’s small law firm could possibly do".
Proponents of lawyer advertising often state that it is a benefit to the
public for a consumer to make an informed decision. But most advertising is
intended only for name recognition, especially on the larger level. Which
leaves us with the question Tom Dean had foreseen; what do we do with our
small potatoes?
Many lawyers in the generation before us had a disdain for advertising.
They saw it as an undermining of the profession. The public today has become
numb to it. Many wouldn't hesitate to call a "big box" firm. That's the
biggest problem with advertising. It works.
Most of us practicing in Lake County don't have the resources or the
desire to create a marketing department in our firms. Yet we all recognize
some need to do something. There was a time when the yellow pages of the
phone book ruled the day. First a whole page, then two pages and onto the
covers. Now there are three different phone books. Meet with any of their
representatives and they will tell you that their book is the best. Then
there is the internet. No doubt more people each day will turn to the
internet over the phone book when there is a need to hire a plumber, tree
trimmer or a lawyer. Clients are beginning to expect a lawyer to have an
"internet presence".
I believe our Bar Association needs to be pro-active in the coming years
to provide support for our members in this area. First we should plan to
update our website this year and continually update it in the future.
Ideally anyone looking for a lake county lawyer should be channeled to the
LCBA website. It’s been a few years since our site was updated and I would
like to see what improvements can be made. If anyone knows of a website guru
please let me know. I also think we should increase efforts to inform those
members of the public who don’t have a lawyer about our lawyer referral
service. I encourage your suggestions on this in the hopes of a better bar
association.
********
Famous Quotes
All of the old Lake Legal Views are in the Lake County Law Library. I
found great amusement in reading some of the old articles. Here is a quote I
found. Can you guess the author?
"Lawyers, we must understand, are a strange breed of human;
motivated by their own ego, intertwined with their client’s cause
and warped by their personal sense of justice which usually means
whatever is in the client’s best interest".
September 2009
by
Michael D. Murray, Esq.
OHIO’S MENTORING PROGRAM
Many of you may not be
aware of the Ohio Supreme Court’s Lawyer to Lawyer Mentoring program. The
program was recently made available to all lawyers. The Supreme Court of
Ohio Commission on Professionalism spent two years studying and developing a
state wide mentoring program. The intent of the program was to link a new
attorney with an old one. The new lawyer will have the benefit of gathering
the nuggets of wisdom the old one will drop along the way. The benefit for
both attorneys is free CLEs, twelve for the old lawyer including ethics
professionalism and substance abuse and six for the new one.
In 2006, a
pilot program was started and I was fortunate to be nominat-ed as a
potential mentor. The Supreme Court evaluated the success of the program in
2008 and made it a permanent program to be offered to new lawyers admitted
in November 2008 and every class thereafter.
Here’s how it works. The mentoring lawyer takes a two hour free CLE
class on the requirements of mentoring. Once approved, you are placed on
the list to be matched with a new lawyer. A mentoring plan is put together
by the young lawyer and as sent to the Supreme Court. The mentoring plan
requires the two lawyers to meet for a minimum of 6 hours over a 9 month
period. These meetings can be during the lunch hour or can be accompaniment
to court, deposition or other proceeding. Topics of conversation are to
include ethical concerns and professionalism.
Specifically, the
mentoring relationship should:
· Assist in the
development of the new lawyer's practical skills and increase his or her
knowledge of legal customs
· Improve legal
ability and professional judgment
· Promote collegial
relationships among legal professionals and involvement in the organized bar
· Encourage the use of
best practices and highest ideals in the practice of law
· Contribute
to a sense of integrity in the legal profession.
I
have noticed over the years that many members of our bar have engaged in
“informal” mentoring of the younger lawyers practicing in our county. This
is a lost practice in the larger bars. We should certainly continue this
practice but take the opportunity to sign up for the free CLEs. This
program is a great opportunity for all involved. For more information check
out the mentoring link at the Ohio Supreme Court website.
On a final
note, a challenge has been put forth to the Geauga County Bar Association
for a soft ball game to be held near the end of September. We need to put
together a team. Talent not required. Let us know if you are interested.
August 2009
by
Michael D. Murray, Esq.
As the unemployment rate reaches a twenty five year high
and the real estate values continue to swirl over the drain, more of our
clients are in need of legal advice on financial matters. I have seen a
great increase in calls involving credit card and mortgage debt. It is an
experience the likes of which I have not seen in my 21 years of practicing.
Even lawyers are feeling the downturn in our lives proving we are not
recession proof.
There are many in our community who are feeling deeper cuts than us. You
may have heard of the Save the Dream program sponsored by
Governor Ted Strickland. (See Ohio.gov) It provides information available
for those in danger of losing their home. The Lake County Bar should
supplement this effort.
Our Lake County Clerk of Courts is now averaging 1500 foreclosures
annually over the last two years (that’s six a day). Many of these families
in crisis are not cognizant of their options and don’t have a lawyer to
speak with. In order to provide much needed information, we will provide
these people with the number to our Lawyer Referral Service through a flyer
sent by Clerk of Court Maureen Kelly. Other efforts will be made to
let the community know that our service is available. Those calls will be
handled by the newly created foreclosure committee. Some of these potential
clients will need a lawyer to steer them through the process. Others will
just need some direction and advice. Either way it is a small effort on our
part that will help the community. I would ask each of you to consider
volunteering for this committee. A few minutes of your time could make a
difference in someone’s life. Please call 350-5800 to sign up for this
opportunity.
Many of you have commented that the Lake Legal Views seems much more
lively and colorful since I have taken over as President. Many have wondered
if they had been overly accustomed to the shades of grey from the prior
administration. The true story is that LLV is now created "in-house" through
the efforts of Ruth Ann and Carrie in the Bar Office. This is also saving
significant expense dollars. Stop by and tell them thanks for their efforts.
July 2009
by
Michael D. Murray, Esq.
I am writing this column upon return of the Lake
County Bar Association’s Washington D.C. trip. What a wonderful trip it was.
Anyone who has not taken this opportunity should not miss the next one. Many
thanks go out to Darya Jeffreys Klammer and Lora Lynne Stalnaker for all of
their efforts in planning and organizing this fine event.
The swearing in by the United States Supreme Court
was set for Monday morning June 15, 2009. Darya and Lora Lynne arranged for
a discount rate at the historic Latham Hotel in the Georgetown district.
Cocktails and dinner were had by many on Sunday evening ,
just a block from the hotel.
On Monday morning , we
went down to the lobby to await taxis to carry us all to the Supreme Court.
After a few pictures, we went through security and assembled inside.
We were soon escorted to the Rehnquist dining
room. It was a beautifully appointed set of rooms where we were treated to a
light breakfast and some additional photo ops.
We were given instructions from the Supreme Court
Clerk William Suter on the process of the swearing in. Congressman
LaTourette arrived who was to make the formal motion in the Court.
Shortly before 10:00 a.m., our escort brought us
into the Chamber of the Supreme Court. Our seats were in the front row. The
mere sitting in such a stunning and historic room is breathtaking .
The bench is dark mahogany surrounded by marble pillars. It’s a place every
lawyer should experience. The bailiff yelled some "here ye" "here ye" and
then "they" walked in from behind the curtains. It was hard to believe we
were just a few feet away from the U.S. Supreme Court. Justice Breyer gave a
brief well explained summary of two Court decisions.
Soon after the Congressman arose and made a motion
to accept the following lawyers of the Lake County Bar Association;
Richard L. Dana Jr.; Lynne Day; Carl L. DiFranco ,
Brandon D. R. Dynes; Adrienne S. Foster; Joyce Hribar Fiebig; Darya Jeffreys
Klammer; Michael D. Murray Marianne Sezon; Lora Lynne Stalnaker; Elaine
Tassi; Louis Henderson; and Jason A. Wuliger.
Chief Justice Roberts accepted the motion and we were admitted to the Bar of
the U.S. Supreme Court.
After an official Supreme Court photograph and a
quick lunch, we met up at the Capitol for a special guided tour by the
Congressman. Besides the Rotunda, Statuary Hall and other public areas, we
were treated to a few behind security areas such as the House Chamber.
That was quite a day. I was fortunate to stay a
few extra days with my family. My daughters of ages 12 and 16 thoroughly
enjoyed visiting the National Archives to view the Declaration of
Independence, the Constitution , and the Bill of
Rights. The National Monuments were inspiring to all. The trip was great in
all aspects and I was truly proud to be an American and a Lawyer.
June 2009
by
Mark A. Ziccarelli, Esq.
My year as President is over and this is my last
column. Next month Michael Murray will take over as President and I have no
doubt that he will write better columns than I have written. It is with
great sadness that we have lost another member of our Bar, Kevin Lister,
Judge Lucci’s staff attorney. As I set forth in my column last month, Kevin
was truly an inspiration to all of us with the courage he displayed over
that last several years. He was a wonderful role model for all of the young
lawyers coming up as to how to research and prepare legal writing. We have
lost other members and friends this year and I would like to pay tribute to
J. Thomas Dean, Nancy Bidell and Michael Perme.
On the positive side this was a good year
for me personally as my Partner of many years, Joe Gibson, was elected Judge
of the Lake County Common Pleas Court. I also wish to congratulate Karen
Lawson who is doing a wonderful job in the Lake County Juvenile Court. Both
of these Judges have replaced long sitting Judges and a new era is now
here.
This was also a memorable year in that the
Cleveland Browns again sunk into the quicksand, and though I had great
anticipation of the Cleveland Indians, as I write this column they are the
worst team in the American League. Hopefully, the Cavaliers can continue
their winning ways so that Cleveland has something to finally be proud about
with their sports teams.
This past year has also seen changes in my
life including my son driving a car, (which so far has been successful), and
the loss of my best friend. It has also seen a change when we have elected
the first Afro-American President, and have financial distress which most of
us have never seen in our lifetime.
I had tried to write about many themes
during this year. One is lawyer civility, and I can only hope and continue
to encourage all of us to deal respectfully with each other, and get back to
the old days where when you shook another lawyers’ hand you could take him
at his word. I am not so confident as to the other area that I have written
about, that being the technological stampede. Although I would much rather
talk to people, it seems like I get more and more e-mails on a regular
basis. I guess that this is simply change and an old timer like me will
have to learn to change with the times.
This past year has been quite an experience
and I would be remiss in not thanking Ruth Ann and Carrie at the Bar
Association for all of the help that they have provided. As any past
president will tell you, they do the lions share of the work and without
their knowledge and professionalism and hard work, it would have been
impossible to do everything that needed to be done. I also need to thank my
predecessor, Walt McNamara, who by his conspicuous absence at monthly
Executive Board meetings held at 7:30 a.m., gave great inspiration to future
presidents to move the Executive Board meetings to Noon.
I must say, that other than writing these
monthly columns, it was a valuable experience to be part of the Executive
Board moving through the chairs and ultimately becoming President. I thank
the Bar for allowing me to have this opportunity and I would encourage all
of you have not become involved to get involved in running your Bar
Association. It was a very rewarding experience.
May 2009
by
Mark A. Ziccarelli, Esq.
In thinking about this months’ column, which I can
assure you is late, I had an occasion to reflect on the important things
that matter in life. Kevin Lister, Judge Lucci’s staff attorney, is dealing
with Glioblastoma Multiforme which is the worst type of brain cancer you can
have. He was diagnosed in 2006 and has had 4 surgeries, the most recent
being on Friday, April 24, 2009. He was dealing with an infection at the
site and Friday’s surgery was to clear the area and administer antibiotics
to fight the infection. He is gaining strength and will have a very
difficult road ahead. Kevin is truly an inspiration to all of us with the
courage he has displayed over the last several years. I have had an
opportunity through the years in the practice to deal with Kevin both
professionally, and to sit and talk with him about matters outside of the
court. In whatever capacity that I have dealt with Kevin he is not only a
great gentleman, but has a sharp, intelligent, legal mind when it comes to
legal issues used by Judge Lucci in his decisions. On behalf of the Lake
County Bar Association, I offer get well wishes to Kevin. On a personal
level I am glad to say that I know Kevin.
I hope all of you remember just how important life
is. As lawyers, one of the things that we hope that we are remembered for is
our courteousness, our legal ability, and our ability to remain civil with
one another in our everyday practice. Although I certainly could not emulate
his actions, if all lawyers looked to Judge Joe Gibson for how to deal with
opposing counsel, Judges, and court personnel, they would find the perfect
example of the definition of civility.
As I write this column today, the Cavaliers’ have
won their first playoff game and based on the start by the Indians it
certainly seems like they will be the only sports team with a winning record
this year. By the time you will read this column you will also know what
looms in store for the Brown’s as the NFL draft day is April 25th.
Hopefully, the regime in office now will either make trades or draft players
that will remain for more than one or two years and either not be traded or
lost to the team due to criminal actions.
I also want to thank Lora Lynn Stalnaker and the
rest of the Law Day Committee for the hard work they put in this year. I had
a first hand view by attending their last meeting and they have worked very
hard to make May 1st a special day. I believe their choices for
the President’s Award and the Liberty Bell award were well deserving and
both fit the definition for these awards to a tee.
April 2009
by
Mark A. Ziccarelli, Esq.
Spring is finally here, or at least appears to be
right around the corner as I am writing this article. The days are getting
longer, there is more sunlight, and most importantly there is no longer snow
covering the ground. That is good in that the Indians are only a few weeks
away from their opener and the beginning of another hopeful season. When I
was a kid all the excitement faded by the July 4th weekend as the
Indians were either in last place or next to last place by that time.
Hopefully, this season will be better than last and the Indians will give us
much excitement during those warm, balmy summer months. Although it is not
my sport of choice, this is also a wonderful season for the Cleveland
Cavaliers as they should be entering the playoffs shortly [which playoffs
will not end until I have completed my term as Bar President]. Hopefully
this will be the year that Cleveland claims a championship and take the
sting out of all of those years of near misses by Cleveland sports teams.
We are fortunate to call ourselves
lawyers today because even as the economy continues to spiral down and the
unemployment rates continue to rise, we are at the forefront of helping
those when they most need our assistance. Unfortunately, there will be more
claims for bankruptcy, divorce, and I believe alcohol related offenses for
which we can help those people who find themselves facing such dire times.
It is ironic that for probably the first time in my memory, lawyers are not
reviled as the lowest on the food chain. That is now being held by bankers
and investment brokers as the general public sees those two professions as
the root of why we are in the midst of this recession. As we now have an
“elevated status”, I encourage all of us, as lawyers to do everything that
we can do to portray to the public that we are a good group of people and an
honorable profession. Hopefully this will be only the beginning and our
status amongst lay people will improve, or at least not go back down, after
these economically trying times are over.
Although I have written at least two or
three columns since becoming Bar President that we should all try to be more
professional with each other, and try to cooperate so that our relationship
with opposing counsel is less contentious, I am not sure that this message
is getting through. I remarked back in my February column that everything
always seems to be on a path of litigation and I feel compelled to share a
recent story reflecting this type of attitude. My client had done
landscaping work at a residence whose parties were represented. We
attempted to send an expert to look at the property in order to write us a
report, and the attitude of the opposing counsel was file a motion with the
court to inspect the property. I believe that this is the type of attitude
that is so prevalent today to just file your motions with the court, incur
more costs for your clients rather than picking up the phone talking to each
other and say let’s just pick a date. I will keep preaching civility until
my term is over in the hope that at least on my part there is less
contentiousness.
I also want to remind everyone that May
1st is Law Day 2009 which will be held at LaMalfa with this
year’s theme being the celebration of the life of Abraham Lincoln. I invite
all members of our Bar Association to attend.
I had previously written that my oldest
son would be driving, and that has now recently happened. I must say that
it is not as bad as I thought it would be. Although the legislature usually
drafts legislation that is a knee jerk reaction to some pressing problem to
that particular legislature, I must compliment them on drafting a law that
requires a new driver to have 50 hours of driving time with a parent. As
they say experience is the greatest teacher, and 50 hours of driving, even
before formal instruction with a driving school, will give my son far more
hands on experience than I had at that age.
March 2009
by
Mark A. Ziccarelli, Esq.
I ended last month’s column by telling you
that by the time my March column was due my oldest son would be
driving. After taking him out driving on 3 or 4 occasions, I am amazed
that the legislature has seen fit to allow youths this young to start
driving. Hopefully, after 50 hours of driving with his parents he will
gain enough confidence and experience to be able to drive without his
parents being quite so worried.
As we head into March, and
especially as we are now gearing up for Law Day, I know that the theme
for this years Law Day is Abraham Lincoln. I recently wrote an article
for the News Herald about the importance of remembering Abraham Lincoln
as a lawyer. I thought for those lawyers who did not read this article
I would reprint it here as I certainly think it is important for all us
to remember him not only as President, but also his contributions as a
lawyer.
This is the 200th
year of Abraham Lincoln’s Birthday and he is obviously best remembered
as President of the United States. We must not forget, however, that
before he became President he was a lawyer for 24 years before he took
the office of President. The skills that he learned as a lawyer served
him well in later life as his heavy courtroom caseload sharpened his
skills of debate that proved useful to him in the political arena. In
an age before the practice of law became as specialized as it is today,
Abraham Lincoln represented clients in a broad spectrum of cases
including debtor/creditor cases, medical mal-practice, divorce, custody,
mortgage foreclosures and many others. He even handled over 25 murder
cases. He gained a reputation as being a fine trial lawyer due to his
down home manner. By the time he suspended his practice of law to run
for President, Abraham Lincoln had achieved material success and
professional stature. He carried with him into the presidency his
lawyerly habits, skills and values.
Abraham Lincoln should be a
great role model for the aspiring lawyers of today. He came from a
humble background, but with hard work, diligence and perseverance he was
able to practice law starting with relatively small cases and worked
himself up the ladder of ever challenging legal work. As a young
lawyer, he quickly learned that success in the legal profession requires
bottomless energy and more importantly the ability to juggle multiple
responsibilities. As political philosopher, Edmund Burke, once stated:
“ No other profession is more closely connected with actual life than
the law. It concerns the highest of all temporal interests of man –
property, reputation, the peace of all families, the arbitration and the
peace of nations, liberty, life even, and the very foundations of
society.”
The
work ethic that Abraham Lincoln learned and used throughout his tenure
as a lawyer, as well as President, is one that all lawyers today should
strive for. Today’s lawyers, although far more specialized in their
practice than Abraham Lincoln, should remind themselves that we are all
from humble backgrounds and that it is an honor and a privilege to be a
member of a group calling themselves lawyers and that we should continue
to uphold the traditions passed down through the generations and
exemplified by Abraham Lincoln. Who knows, the noble profession that we
are part of may help inspire future presidents to achieve the greatness
of Abraham Lincoln.
February 2009
by
Mark A. Ziccarelli, Esq.
A new year is upon us and like every new year this is the time that we
all make New Year’s resolutions. Like my former partner who always resolved
to exercise and loose weight, I too am one of the many who start out with
these resolutions and hope that they do not fizzle too soon. This new year
is also an exciting time as we recently had a new change with the new
President of the United States, and a new change with the legislature in
Columbus which will no longer be run exclusively by the Republican Party.
Hopefully, this will also be a year of change for all lawyers, especially
those in the Lake County Bar Association. We should all resolve to be more
professional with each other and to try to cooperate with each other so that
the relationship with opposing counsel is less contentious. It seems that as
I grow older that the profession has gotten more contentious, as attorneys
are certainly more rude to each other and it seems few lawyers are willing
to resolve cases. Everything always seems to be on a path of litigation.
Although I am not here to cast stones and say that I am not one of the
offenders, I can assure you that I am going to make a concerted effort to
follow my resolution. I will try to be courteous, cooperative and less
contentious in my dealings with other counsel. If you fit into this category
I hope you will use this new year to make a resolution to be more
professional.
This is also the month of the High School Mock Trial competition which is
scheduled for Friday, January 30, 2009. If you have not been involved in the
mock trial either as a judge or as an advisor to one of the competing
schools, you are really missing out on an opportunity to see how our young
people conduct themselves. Every time that I have been a judge for one of
these competitions I am truly amazed at how well prepared and how
professional each of these high school students handle themselves. Many
times I have heard arguments advanced as well as the presentation itself
done as well as most lawyers would present their cases. If you are in the
courthouse on that day or next year or the year after please make it a point
to look in on these students who have given up many hours of their free time
to prepare for these competitions.
Before I write my next newsletter my oldest son will be old enough to
drive. Like many of you this will be my first experience. Hopefully, my
nerves will be good enough that I will be able to write next months
newsletter based on all of the stories that I hear from my friends. This
will be a scary time.
December 2008/January 2009
by
Mark A. Ziccarelli, Esq.
As Charles Dickens once said, it was the best of times, it was the
worst of times. For the best of times it is certainly with great
pleasure that my Partner, Joe Gibson, was elected as Common Pleas judge
to fill the shoes of retiring judge Paul A. Mitrovich. I am sure that he
will ably handle the position, although on a personal note having been
his Partner for 25 years I will sorely miss his guidance and the many
hours that we spent discussing the practice of law. Congratulations are
also in order for Karen Lawson who will be taking over for retiring
judge William W. Weaver in Juvenile Court, and also to Tim Cannon for
his election and continuing on in the Eleventh District Court of
Appeals.
As a lawyer I feel compelled to write about this election, and as
your President I have the forum in which to express these views. The one
disappointing part of the election process was the negative, personal
ads that were taken out by candidates against their opponents. As a
lawyer I find it reprehensible that campaign advertising would target
the negatives and personal lives of the candidates. This is especially
true with the negative ads that are not completely accurate. Our
profession is one in which we have ethics to live up to. We are to
exhibit professionalism amongst our peers, and attempt to advocate on
behalf of our clients without personal attacks against opposing counsel.
I for one hope that candidates running for judicial office, or members
of the Bar running for any office will remember that they are part of a
noble profession and that negative advertising is a practice that should
not be continued.
It is with sadness that we loose another member of our Bar as Nancy
Biddell passed away on November 13, 2008. I remember having several
cases with Nancy and I know she enjoyed the practice of law and I know
that the Bar has lost a very fine lawyer. Based on all the e-mails I
received many of our peers will be at her funeral service to show their
respect.
Nancy’s death makes me reflect on what is really important in life.
As many of you probably know my best friend from law school, my best man
in my wedding, and my youngest son’s godfather was recently murdered in
Phoenix. After the initial shock and disbelief dissipated, it made me
think about those things in life that are more important than work. It
is important that you have friends. It is important that you enjoy those
friends, socialize with those friends, tell jokes with those friends and
in general live your life to the fullest.
Many times in this profession we get caught up in the minutia. The
nature of our business is such that our blood pressure is often high,
our stomachs are often upset, our temperaments and patience are
strained, and we spend many hours working instead of with our families.
At the end of the day we would do well to remember that this is a
profession that we have chosen and we should not take our impatience out
on our loved ones. One of the most important lessons that I think that
we tend to forget as we go about our business every day and take the
people that we love for granted it is important to remember that above
all else we should love people and not money. My friend was someone that
I loved and I will have the memories of all the things that we have done
through the years as a reminder of the importance of friends.
November 2008
by
Mark A. Ziccarelli, Esq.
November is the time of year when the leaves are almost completely
down, and we look to the first major holiday of the so called "holiday
season", that being Thanksgiving. Thanksgiving is also the time is when
we can probably say good bye to the Cleveland Browns as contenders for a
playoff position if they continue with woeful play. [Except for the
wonderful game against the New York Giants which my son and I attended.]
Thanksgiving is the time of year that we need to slow down for at least
one day and be thankful for all we have been blessed with. First and
foremost we should be thankful for our health, thankful for the love of
our family members, and thankful for that we are lawyers.
As you have read in the newspapers over the last several weeks, there
are many professions that have struggled and for which jobs are going to
be more scarce. Certainly there are less jobs for the housing industry,
including tradesmen, mortgage brokers and real estate agents, and it
will not be long before the banking industry and the stock brokers also
will have individuals out of work. Although there is certainly no one
cause of the recession facing this country, greed of the banking
industry certainly must be at the top of the list.
Although I am sure that many of us have lost part of retirement
during these troubled economic times, we should all be thankful that we
have a law degree which allows us the ability to work during these
troubled times and to continue to provide services to people who may
need help more than ever. Although not all lawyers make a substantial
profit in helping their clients, there are very few of us as lawyers who
have ruined our profession by being greedy. Although there are always a
few who are disciplined for their action and who taint the rest of us,
our profession as a whole is quite Honorable. Fortunately, unlike the
banking system, those few greedy lawyers have not brought down the legal
profession. I would suggest, as we all hoped to do when we first became
lawyers is that should strive to maintain the integrity and trust in our
profession.
The month of November also brings us the election of two new judges
to the Common Pleas bench. By the time you read this article we will
know the new judges who will be replacing Judges Paul A. Mitrovich and
William W. Weaver. As I repeated in several columns, both of these
judges have served with many years of distinction and honor and have
helped the reputation of Lake County’s judicial system throughout the
State. As a way to honor both of these retiring judges we hope that
members of the bar, court staff, as well as friends and clients are
invited and turn out on December 18, 2008 for a retirement luncheon to
be held at LaMalfa. Both of these judges deserve recognition not only
for their long and distinguished years of dedication in serving the
people of Lake County not only as judges, but as a prosecutor for Judge
Mitrovich and as a law director for Judge Weaver. I urge all of you to
come and show your appreciation for the years of service that they have
provided to all of us.
October 2008
by
Mark A. Ziccarelli, Esq.
In many ways September and October are some of the best times of the
year. It is still a great time to golf. We were quite fortunate that the
turn out for the Lake County Bar outing held on September 10, 2008 at
Thunder Hill was one of the most highly attended in several years. For
all of the members from the Bar, as well as their guests, they were
treated to a beautiful, sunny day and a great day for golf. I again
thank all of those members, and especially those who brought guests, for
their participation in the Lake County Bar Golf Outing.
September is also the time of the year that the season which got away
from the Cleveland Indians starts to wind down, and the Cleveland Browns
football season just begins. Unfortunately, for all of us who are
Cleveland Browns fans, the baseball team and the football team seem to
be going in opposition directions. The baseball team has one of the
winningest records in the American League since the All Star break,
(even though they were so far behind they had no chance to win the
division); the Cleveland Browns have started their season at 0-3 and
look like they are totally lost. Hopefully their season gets better
before it is too late.
This is also an exciting time because on Tuesday, November 4th,
we will be electing a new President of the United States, various
members of both the Federal and State Legislatures, and new judges. We
will be electing replacements for Judges Paul A. Mitrovich and William
W. Weaver who will be retiring at the end of this year, as well as a
Judge for the Court of Appeals.
As far as the presidential election, we can only imagine what a
different world it would have been if the outcomes of the 2000 and 2004
presidential elections were different. Perhaps we would have captured
Bin Laden and saved ourselves a war in Iraq. Perhaps gasoline would not
be over $4.00 a gallon, with billions in profit going to the oil
companies.
As a lawyer, I believe that we all have a duty to tell our clients,
our families and our friends about the candidates that are running for
political office. Certainly in Ohio, the legal system, lawyers in
general and the Plaintiff’s Trial Bar have had a rough go of it over the
past several years. From the Plaintiff’s standpoint, we have lived
through twelve years of state government dominated by tort reform minded
law makers, chief executives and judges. Certainly over the past few
years cases have been decided and laws passed that punish the injured
and benefit the insurance industry. Although there are many that believe
that tort reform was necessary, I believe that it is important for all
of us as lawyers to extol your clients, friends and family to exercise
their constitutional right to vote, as this is an important issue that
impacts us every year.
It is only by exercising the right to vote that we can have three
independent branches of the government, which exercise its checks and
balances, rather than allowing a "country club atmosphere" so prevalent
during the first 6 years of the Bush administration. It is only by
checks and balances that all of the citizens can be represented, because
without checks and balances there is no one to keep an eye on the hen
house.
As members of the Lake County Bar, we are or should be familiar with
the judges running for office in Lake County. It is important that lay
persons are as knowledgeable as possible about the qualifications of our
judges. I believe Lake County has the best judiciary in the state.
Inform your clients about our judicial candidates so that we continue
the level of excellence which has been exemplified by those currently
residing.
September 2008
by
Mark A. Ziccarelli, Esq.
It is now September and sadly summer is winding down. My children are
returning to school and the days are getting shorter. But not everything
is sad as we look to fall because it is now football season. Not just
any football, but Buckeye football season. Over the past 6 years the
Buckeye’s have won a National Championship and for the last two years
have played in the Bowl Championship series for two more national
championships. At least according to the football polls for this year,
the Buckeye’s are again ranked near the top with another opportunity to
go back to the Championship game. I know many of you, like me, feel bad
that that team up north is not even ranked this year, nor have they won
against the Buckeye’s in several years. It does not seem that many years
ago that retired Judge Francine Bruening would walk around the
courthouse with a large smile every time that team up north would win
against the Buckeye’s. Perhaps that is why we have not heard from Judge
Bruening in several years around the last week of November.
Fall is also the time of year that we now spend more time dedicated
to our practice as our children do not have as many activities,
secretaries are not on vacation and it is time to slowly gear up for the
winter months ahead. As you sit back and contemplate the lovely days of
fall, it is a good time to reflect on professionalism in the practice.
As good ideas are worth repeating, I will share with you the 20 Rules of
Ethical Behavior that was originally presented by former Lake County Bar
Association President Joseph Gibson. He had learned these ideas of
ethical behavior at a CLE Seminar presented by Miami attorney Richard
Mastingson, as quoted in an article by Tom Mastenson, who was President
of St. Petersburg Florida Bar Association at that time.
The Twenty Rules for Ethical Behavior:
1. Behave yourself.
2. Answer the telephone.
3. Return your phone calls.
4. Pay your bills.
5. Keep your hands off your client’s money.
6. Tell the truth.
7. Admit ignorance.
8. Be honorable.
9. Defend the honor of your fellow lawyers.
10. Be gracious and thoughtful.
11. Value the time of your brother and sisters of the Bar.
12. Give straight answers.
13. Avoid the need to go to court.
14. Think first.
15. Define your goals:
a. Remember that you are first a professional and then a
businessperson.
b. If you seek riches, become a businessperson (and hire a
lawyer).
16. Remember: There is no such thing as billing 3,000 hours per year.
17. Tell your clients how to behave; if they can’t they don’t deserve
to have you for their lawyer.
18. Solve problems – don’t become part of the problem.
19. Have ideals that you believe in.
20. Tell your mother what you did.
These ideas have survived the test of time because they set good
goals for attorneys. If everyone followed these rules, it would benefit
all of us and make the practice of law far less stressful.
September also brings a slow down to golf. However, on September 10,
2008 the Lake County Bar Association is having its Annual Golf Outing at
Thunderhill Golf Course in Madison. It would be nice if all members of
the Bar came out one time a year to intermingle and socialize and to hit
the little white ball. Please mark your calendar for September 10th
and join your fellow attorneys and judges for a day of fun.
August 2008
by
Mark A. Ziccarelli, Esq.
The best thing about being Bar President is that I have the
distinction of getting to write a column once a month, so naturally the
best way to do that is to wait until the very last day to develop a
topic and put your thoughts together.
It seems that over the last several years technology has progressed
very rapidly. When I first began practicing law there were typewriters
that stored approximately 50 pages of memory. Today everybody has
computers including the court reporters. There are now cell phones used
by everyone and pay phones that were once used have now been removed
from the Court and most other public places. People no longer watch
movies on VHS, but now watch movies on DVD (or the new technology of Blu-Ray).
People no longer have to watch television on their 19" color
televisions, because based upon the advertisements I see in the Sunday
newspapers, it seems like everybody today owns a large screen plasma
television that they put in every room of their house. We used to listen
to cassette tapes and vinyl records back then. Now those have been
replaced by compact discs, which are themselves being replaced by IPODS
that can hold over 2000 songs in a gadget the size of a matchbook. Over
the last few years, the internet has provided information for us in many
areas including legal research which was once done by going to the law
library, searching through the stacks and using Sheppard’s to make sure
your research was up to date.
Today, the cell phone not only allows you to talk to people, but it
seems that more and more of the younger attorneys use their phone to
text message their office, friends and family. Sadly, with the advent of
all of this technology came the loss of one of the most important skills
that a lawyer must have which is verbal communication. It is rare that a
younger opposing attorney will pick up the phone and talk to you about a
case. Today they would much rather e-mail or text message you. I admit
that I am one of the dinosaurs in this age of technology. I still
believe that as lawyers it is important to have verbal communication so
that we are able to deal with our clients, opposing attorneys, Courts
and family. I feel this gives me an opportunity in talking with them to
get to know them a little better then if I had just sent a black and
white message. As I told somebody the other night I find that this
generation is turning into a generation of thumbs. Like my 14 year old
son (almost 15), everybody wants to use their thumbs to text message on
their cell phones, to play video games, or to send e-mails on their
computers. I have heard one story about an attorney so zealous that
while the Judge was charging a jury with instructions, he was already
text messaging at the trial table.
I certainly welcome all of the new technology, but I think that we
should all strive to communicate with each other better by learning to
talk to people again. Although we lawyers are engaged in a wonderful
profession to help people, when all of the trappings are cut away we are
sales people who have to sell ourselves everyday to clients, to juries
and even to opposing counsel, and I believe the best way to promote
yourself as well as our profession is to not forget to use your verbal
communication skills. Slow down and learn to get to know your fellow
lawyers. [That reminds me of the story of the old bull and the young
bull – oh, I digress]. With all of the new technology, I hope the new
generation of lawyers will not lose this valuable skill of verbal
communication, because talking has always been what lawyers do best.
July 2008
 by
Mark A. Ziccarelli, Esq.
The time has come when I cannot put off any longer what I have been
able to put off for four years, which is to write my first column as
President. It certainly is a difficult task to follow up on one of the
funniest lawyers (isn’t that an oxymoron) that I have had the pleasure
to meet, our former President, Walt McNamara. I would also be remiss if
I did not thank my partner, the former President of the Bar in 2001, Joe
Gibson, for getting me involved in this process, although I guess I
should reserve my thanks for the end of my term.
I was in Judge Trebet’s court the other day, and saw a wonderful sign
on his corridor wall. The saying which was credited to Arthur Vanderbilt
goes as follows:
"If citizens have respect for the work of their
Courts, their
respect for the law will survive the shortcomings of
every-
other branch of government, but if they loose their
respect
for the work of the Courts, their respect for law and
order
will vanish with it."
This saying certainly is appropriate for those of us fortunate enough
to practice in Lake County. I believe that in my 29 years of practice
here that we have the finest and most capable group of judges who are
widely respected not only by the Bar, but by the people of Lake County.
Two of our judges have served for a number of years, and sadly this will
be the final year for Judges William Weaver and Paul Mitrovich. Both
have served with distinction for many years. This year is an exciting
time for the Lake County Bar with Judge Mitrovich and Judge Weaver
retiring, as we will have two new judges to work with and who I am sure
will continue the same high standard of integrity that has been set by
their predecessors.
It is important that we as lawyers respect our courts and communicate
this respect to our clients regardless of whether we win or we lose.
This is even more important in these times when there are short comings
in the other branches of government. We have an executive branch that
has the lowest public opinion ratings in the history of the presidency
down to 29%, and we have a Congress, whose new members and fresh ideas
have failed to change anything in the almost two years that they have
been in office. Their public opinion ratings are even lower with a 23%
approval rate. When we look at the price of gasoline, the price of food,
and the collapse of the real estate market, it appears that the public
is unhappy with the workings of their government. It is therefore,
doubly important during these trying economic times that we as lawyers
never lose respect for the work of our courts and judges. It is
important that the judiciary maintain our respect and that they maintain
their independence from the other branches of the government.
I think it is important for the members of the Bar to have an
opportunity to express their opinion. I would like to make available
this year to any member so desiring to submit ideas for the President’s
column to me. If not, I will keep writing these pearls of wisdom while
imbibing on my favorite cold, tasty beverage. If that idea does not get
your blood moving, then I invite all of you to look back at Walter’s
first column where we could vote that he become President for life and
continue to write monthly columns forever.
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