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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 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
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 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 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 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 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
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
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
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
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.
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
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
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 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 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.
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 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 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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