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LAWYERS Columbus Bar WINTER 2022 QUARTERLY SPECIAL ISSUE: Real Estate LAW This issue explores the booming industry of real estate law. Peek inside for articles on the affordable housing crisis in Columbus and information on the upcoming 2023 property values reappraisal. Plus, find articles on the Ohio Justice Bus, a recap of 2021 Ohio Supreme Court cases and more. A publication of the Columbus Bar Association • www.cbalaw.org
Table of LAWYERS QUARTERLY Contents Winter 2022 We trim away the speculation. P r e s i d e n t ’s P a g e Winter ‘22: Real Estate Law Columbus Bar Association Editorial Board 4 Friendly Competition 34 What in the World is “Unclaimed Charles A. Schneider Property”? Chair Jameel S. Turner and James G. Ryan Melanie Tobias Bar Insider We drill past the conjecture. 38 Seeking Equity in Mass Appraisal Board Members 8 Michael Stinziano Mobile Justice Gwen Bocher Damon Durbin 42 Sophia Chang Steps Forward: Working Toward Ashley Johns Affordable, Equitable Housing in 12 Interview CBA Staff with Judge Barrows Columbus Tami Kamin Meyer Janyce Katz Shayla D. Favor Garth Rowbotham Doug Vonderhaar We pick apart the maybes. Better Lawyer Student Section 20 Women-Owned Business Editor Certifications Micaela Taylor 46 Five Skills Lawyers Need to Learn through Leadership Training Brianna Antinoro Claire Halffield We cut away the what-ifs. Design/Production Points of Practice Sarah Curran Life Outside the Law 24 Supreme Court of Ohio: 2021 Year in Review Saša Trivunić 50 Lawyers with Artistic License: Alec Wightman Heather G. Sowald Columbus Bar Association 175 S. Third St., Suite 1100 Columbus, OH 43215 Using every tool at our Bar Happenings 52 6 Ways to Prevent Depression (614) 221-4112 disposal to reveal the facts. Scott R. Mote www.cbalaw.org 32 Photo Gallery and Calendar of Events Precisely revealing the facts. Then explaining them in the simplest of terms. Advertising Doing both at the highest level is what sets us apart. From our superior forensics Burgie MediaFusion (614) 554-6294 talent, technology and experience to the visualization expertise of our Imaging leslie@burgiemediafusion.com Sciences team, we dig past the speculation to find and convey the truth about what happened like no one else. NOTICE: Statements or opinions expressed herein are those of the authors and do not necessarily reflect those of the Columbus Bar Association, its officers, board, or staff. Any Know. statements pertaining to the law contained in this magazine are SUBMIT AN intended solely to provide broad, general information, not legal 80 0. 782.6851 SEA limited . com Since 1970 ASSIGNMENT advice. Readers should seek advice from a licensed attorney with regard to any specific legal issues. © 2022
I started talking long walks in the morning, P r e s i d e n t ’s P a g e attempting to keep the same schedule that Friendly I followed when my health club was open. It helped, but was not fully satisfying. How could I maintain this routine and connect COMPETITION with others, like I did when the club was open? I began to think that the Attorney General employees that I supervise as Section Chief for Criminal Justice might also be struggling with the same challenges of isolation stemming from social distancing and BY CHARLES A. SCHNEIDER closures. We’re slowly coming up on two years of the beginning; we had no idea that it would last this I came up with what has been dubbed the “Friendly long. One leader speculated, or rather stated very Competition” as a way to unite and encourage the far- dealing with the COVID-19 pandemic, confidently, that we would all be back in church by flung section staff. Each participant would track the and as we get closer to the “anniversary”, Easter Sunday. Well, that did not happen! minutes they spend on exercise each week, whether I thought I would add my own story of that involves walking, running, swimming, biking, How did we cope? Well, we all did it differently. rowing, yoga, weightlifting or some other form of how I coped. exercise. I selected minutes over distance so that It was my habit, for years, to go to my health club every everyone’s effort would count equally. Each Monday, Sometime around March of 2020, our world and work weekday morning at 5:30 a.m. to start my one-hour they would report their minutes to me, and I would community changed like no one had ever witnessed routine. This was an important part of both my physical then report back to everyone the total minutes for the before. As a result of COVID-19, businesses were health and my mental wellbeing. When the health club team during the prior week and the team average. closed, and most of us were placed in a work-from- had to close, my world was turned upside down—and not home environment. It was a temporary change in for the better. All members of the Criminal Justice Section were The first week of the Friendly Competition was March invited to participate. The Section staff consists of 20, 2020. We are still at it, with over 30 participants. 37 attorneys and staff; 35 volunteered to participate. I Six people have left this section to join other Attorney divided the participants into two teams to encourage General sections, but asked if they could remain part maximum participation and effort through a self- of the Friendly Competition. Of course, we said yes— imposed “rivalry.” we are glad to have them. I came up with what has been dubbed the “Friendly Competition” as a way to unite and encourage the far-flung section staff. Each participant would track the minutes they spend on exercise each week, whether that involves walking, running, swimming, biking, rowing, yoga, weightlifting or some other form of exercise. 4 | C o lu m b u s B a r L aw y e r s Q u a rt e r ly W i n t e r 2 0 2 2 5 | C o lu m b u s B a r L aw y e r s Q u a rt e r ly W i n t e r 2 0 2 2
I have received a lot of positive feedback. Several have commented that it motivated them to get up and get moving. One commented that it has helped to keep her COLUMBUS BAR ASSOCIATION dog calm; not sure I had that in mind, but I am pleased. LAWYER REFERRAL SERVICE (LRS) E S TA B L I S H E D 1 9 4 7 As of this last week, the section has accumulated a total of 493,316 minutes, or an average of about 15,416 minutes per person. That is an average of 42 minutes per person per day, assuming a person is BUILD your working out every day. I have had several participants who have reported over 1,000 minutes in a week. That Each year, the CBA’s Lawyer is a lot of exercise. Referral Service receives CLIENT thousands of inquiries from My health club has reopened, and I am glad to say callers seeking legal services. that I still go there every day at 5:30 a.m. to start my Attorneys who agree to abide by BASE workout. I am still part of the competition. I think it our high standards can receive is doing what I had hoped it would. Physical health. quality referrals to expand their Mental health. And connectivity in a work from home Charles Schneider, Esq. client base. era. Ohio Attorney General charles.schneider@ohioattorneygeneral.gov For more information, contact with LRS Ashley at ashley@cbalaw.org or (614) 221-4112. Welcome Anthony Gurvis Maxwell King Emily Ojeil Karen Hamilton Geoffrey Kisor Nicholas Ortiz Aaron Harting Joseph Landusky Emily Owens MEMBERS Frank Hatfield Caitlin Langfitt Aubrey Patterson Wendi Henderhan Phillip Lauer Courtney Pyatt NEW Thomas Henderson Kayley Lew Theresa Rakocy Cassandra Hicks Evan Lewis John Reep Madison Hill Elizabeth Lindgren Gina Rowland Benjamin Adkins John Chaney Elizabeth Fiske Amy Himmelrick Austin Lines Jordan Rowland Michael Alsharaiha Lisa Christensen Megan Foley Andrea Howell Jeffery Linn Kandis Sargeant Stephen Ames Peter Contreras Scott Foster Michael Hushion Karin Long Chadwick Sayre Patrick Barnacle David Coyne Claire Fried Andrew Janitzki William Loveland Jacob Schlosser Adam Barney Samuel Crepeau Ellery Gerwig Gary Jones Justin Mackin Gregory Shak Maureen Beaver Carl Crow Robert Giffin, CPA Taylor Jones Sarah Marshall Roger Sugarman Christopher Beck Jake Denham John Gleason Michael Jordan Andrew Martin Tess Tannehill Jason Block Jeffrey DeVore Elizabeth Gleason Owen Kalis Alexander Mate Rebecca Turnbull Lauren Brandt-Quire Michael DeWitt Jaime Glinka Jamie Kamen Michael McDonald Mark Wachter Patrick Brogan Meagan Dimond Joanne Goldhand Grace Karabinus Regina Mendicino Susan Wasserman Michael Bull Nicole DiVittorio Russell Golowin Zeynep Kart Kent Mitchell Brady Wilson April Campbell Patrick Dugan Sean Gouhin Greta Kearns Jessica Moore Darrin Zombro Elizabeth Canter Mark Elliott Robert Grogan Sarah Kent Shelby Nathans Jacob Zuberi Robert Cesner J. Michael Evans David Guerrieri Jessica King Holly Oak 6 | C o lu m b u s B a r L aw y e r s Q u a rt e r ly W i n t e r 2 0 2 2
on a limited basis and with clear COVID protocols. In Bar Insider central Ohio, the Bus began partnerships with the Mobile Our Lady of Guadalupe Center in west Columbus and Asian American Community Services in central Columbus. Both organizations serve special populations whose needs are not always JUSTICE met by other legal services providers in the area. For these clinics, we focus on immigration as well as family law issues. From the fall of 2020 through the spring of 2021, the BY SOPHIA CHANG Bus also partnered with The Legal Aid Society of Every plan is Columbus its Senior Wills with one of a kind. A New Frontier for Pro Bono clinics. Being You can rely on our mobile provided estate planning experts. Since the beginning of 2020, society probate). The Bus primarily serves as a technology hub the benefit of and office space, so that volunteer attorneys can meet has had to adjust to a new set of rules. meeting seniors Call us today! with clients in-person or virtually, using the laptops, Wi- This holds true for the professional Fi and multi-function printer that goes out with the Bus at their homes to execute their wills 614-228-0063 world, including the legal field. Now, on every trip. and other end-of- parknationalbank.com Investments are not FDIC insured, not bank guaranteed, and may lose value. imagine trying to launch a brand new life documents. mobile legal services program at the One of the primary purposes behind the creation of the The partnership explaining the completed documents, answering any Bus was to help serve areas and populations of the with Legal Aid was same time as what we knew to be state that are not currently getting their legal needs essential for this project, lingering questions and notarizing the final documents. “normal” was being turned upside- met. The Bus started operations in the fall of 2019 by because Legal Aid is well-known to Volunteer with the down. This is the story of the Ohio partnering with the Ohio State Bar Association and the community, has a client base, and has volunteer attending their annual district meetings to introduce the attorneys ready and willing to draft documents. The Ohio Justice Bus Justice Bus. Bus to attorneys, encourage the attorneys to volunteer Bus provided the crucial final step, especially in the To date, the Bus has served nearly 100 clients in the and provide legal services to the district’s community. new COVID world, of serving the clients at their homes, central Ohio area alone. Across the state, the Bus has Looking back at that time, and the temporary delays to Before the pandemic, the Bus also had commitments all the grand plans we had for the Bus, it is amazing that from several law firms in Columbus to volunteer the Bus continues to grow and flourish. We knew that for clinics throughout the year. But once COVID-19 we needed the right combination of financial support, partnerships and engaged volunteer attorneys to concerns grew, the traction of the Bus began to slip, In central Ohio, the Bus began partnerships and the Bus had to make an important decision on its succeed, and luckily for us, we did. next move. with the Our Lady of Guadalupe Center in west Columbus and Asian American Community Services What is the Ohio Justice Bus? The Ohio Justice Bus and COVID in central Columbus. Both organizations serve special The Bus is a mobile legal clinic that drives around Ohio and provides free civil legal services to underserved To comply with federal and state mandates, the Bus had populations whose needs are not always met by other to cease operations at the beginning of 2020. It wasn’t communities (e.g., family law, housing, public benefits, until the summer of 2020 that the Bus resumed clinics legal services providers in the area. consumer debt, record sealing, immigration, wills and 8 | C o lu m b u s B a r L aw y e r s Q u a rt e r ly W i n t e r 2 0 2 2 9 | C o lu m b u s B a r L aw y e r s Q u a rt e r ly W i n t e r 2 0 2 2
! OT served over 700 people. But we are not done. We are Let’s all start the year with a resolution to do more good SH just getting started with the mission. in our community and volunteer to do pro bono work. AD www.cbalaw.org HE To volunteer, visit https://www.ohiojusticefoundation. As we begin 2022, the Bus will continue to chug EE org/bus-volunteer/ and complete the simple form. We FR along. But we need your help. For those of you who will reach out to you with volunteer opportunities in have volunteered with the Bus, thank you so much for your areas of interest. Law firms can also reach out to supporting us. For the rest of you, we would love for you to partner with us to provide pro bono legal advice commit to staffing any set number of clinics throughout C OL UMBUS BA R ASSO C IATI O N the year. For those who know of organizations serving or services. special populations and would like the Bus to partner with them, please send an email to help@ohiojusticebus. There are many benefits to providing pro bono NEW! org. We look forward to building new partnerships in legal services with the Bus or other legal services the central Ohio legal community. organizations like Legal Aid. Other than the wonderful satisfaction of helping your fellow Ohioans address their legal problems, pro bono volunteers can get one CLE credit hour for every six hours of pro bono work Sophia Chang, Esq. Kelley Marchal—the CBA’s Multimedia Specialist and highly Ohio Access to Justice Foundation they complete. Mentoring and volunteer training also schang@ohiojusticefoundation.org experienced photographer/videographer—is available to assist help attorneys gain valuable experience in new areas you with professional headshots (including a FREE headshot for of the law. For those of you who are concerned about malpractice, we’ve got you covered on that front as well. members) and any other audio, video and photography needs. PHOTOGRAPHY VIDEOGRAPHY AUDIO CBA Members: Video services: Audio services: Free 30-minute photo Bring your message to • Voice overs session and professional life! Kelley has years of • Spot tags digital headshot experience producing • Podcast digital video, from small production Non-Members: social media posts to • Transcription $200 for headshot full blown multi-camera Also available: live production. Discount Discounted rates for Event coverage and for members. CBA members. meeting documentation CONTACT US Kelley Marchal kelley@cbalaw.org • (614) 340-2044 1 0 | C o lu m b u s B a r L aw y e r s Q u a rt e r ly W i n t e r 2 0 2 2
We were lucky enough to sit down Bar Insider YOUR TRUSTED RESOURCE with Judge Barrows himself as he speaks about his past, Interview with his military service and his accomplishments. Some of the FOR ESTATE AND TRUST LITIGATION DISPUTES IN Judge Barrows interview has been transcribed below. You can watch the full video at cbalaw.org – and make sure to congratulate Judge CENTRAL OHIO Barrows the next time you see him, BY CBA STAFF whether that’s on Zoom or in person! CBA: Tell us a little bit Judge Ted Barrows receives about your childhood and Adam Fried Practice Group Co-Chair Franklin Malemud Practice Group Co-Chair Adriann McGee Partner honor from Ohio Veterans Hall of Fame afried@reminger.com fmalemud@reminger.com amcgee@reminger.com where you grew up. 216.430.2193 216.430.2225 614.232.2442 Reminger’s Estates, Trusts, and Probate Litigation team Recently, our very own Judge Ted Judge Barrows joined the army right out of high Judge Barrows: My childhood was an interesting one, has expanded to Central Ohio. Our fully staffed team has school, served in the 82nd Airborne Division and was because by the time I was 13 years old, we’d lived in more than 100 combined years of experience guiding Barrows was inducted into the Ohio honorably discharged at the rank of Staff Sergeant. clients in Ohio’s trial and appellate courts. 11 different places. My father got transferred, got Veterans Hall of Fame. He was one of Through his work as a judge on the Military & Veteran promoted, changed jobs, got fired once, and so we 20 inductees for the 2021 class, and Services Court and his tenure as an administrative moved all up and down the East Coast. I was born www.reminger.com/OhioEstateandTrustDispute judge on the Franklin County Municipal Court, he has in Maine, my first sister was born in Virginia and my joins 915 Ohio veterans who have been worked hard to help at-risk former service members. younger sister was born in upstate New York. We lived Division during the second World War, and I wanted to inducted since 1992, including former as far south as Charlotte, North Carolina. Finally came follow in his footsteps. So I requested jump school, and U.S. Supreme Court Justice William He exemplifies the dedication to community and back to the Hartford, Connecticut, area - a suburb told them that I was second generation. service that shows how incredible our judicial bench of Hartford - which was where I graduated from high Woods and former CBA president, is. And, while we’re sad to see that Judge Barrows’ school in 1965. John Bricker. term as judge has ended, we wanted to take this time CBA: What was your father’s to thank him for all of his tireless work. CBA: When did you first become military history like? Judge Barrows: My father’s history in the military is not interested in pursuing a career the same as mine. He enlisted at the beginning of the in the military? second World War. He wanted to be a pilot, but his vision Judge Barrows: When I was in high school, I was wasn’t good enough. He became an officer. He fought determined that I wanted to go to the United States in Europe near the Battle of the Bulge at Nijmegen, Military Academy at West Point, become a career Holland. And he was in that fighting. He was in North soldier. I didn’t get accepted to the military academy, Africa. He landed in Salerno, Italy and fought there, [but] I knew that every year out of the ranks, the army too. He was decorated. He was wounded, although sends a certain number of people to West Point. So I he always told us it was an accidental shooting during thought, “Here’s my chance, it may be a long shot. What training, and I never believed him. But to the end of his the heck?” So in 1965, age 17, with the permission of life, I couldn’t press him too far for it. And then when the my parents, I enlisted in the United States Army. I went war got over, he got out. He had no interest in a career through basic training and advanced infantry training. in the military. He went to college at the University of My father was a paratrooper in the 82nd Airborne Maine in chemical engineering, and that was his career. 1 2 | C o lu m b u s B a r L aw y e r s Q u a rt e r ly W i n t e r 2 0 2 2 Photo: Barbara J. Perenic/The Columbus Dispatch 1 3 | C o lu m b u s B a r L aw y e r s Q u a rt e r ly W i n t e r 2 0 2 2
mentioned to Kura that I’d like a job. He offered me the CBA: When did you decide that job, and I took it [in] 1978. I think the salary was $6,700 Photo: Fred Squillante/The Columbus Dispatch you wanted to go to law school? a year. I was a public defender for three years. Judge Barrows: By the time I’d been in the army for six months, I decided it was not the career that I wanted, CBA: And you were in private after all. So I finished out my three years in the United practice for a few years, right? States Army and was able to use the GI Bill to pay part of my tuition at Bates College in Lewiston, Maine, where What happened after that? I went and did undergraduate studies with a major in Judge Barrows: I went in private practice for two years. what they called government, which is political science, I was a failure because I’m not a businessperson at all. and a minor in English. And I got to my senior year and And then one day, Mr. Kura called me up. He said, “I hear said, “You know, the only thing I’m qualified for at this you’re having trouble in the private practice…you want point is to go teach. And I didn’t think that sounded like to come back?” I had no reason for him to ever offer me what I wanted to do. So a couple of friends of mine the job back, but I came back. I enjoyed public defender said, “Well, why don’t you go take the law boards?” And work. That’s probably the best work I’ve ever done. I said, “What’s that?” Well, you take an LSAT… They were offering it at Colby College, which is in a different town. After a while there, I got an offer to go to the state attorney general’s office. I worked in the consumer So the three of us drove over there, got a room for the protection section for about nine years. I learned civil night, went out drinking and we took the test the next law while I was there, and then my friend Janet Jackson day. One of my friends didn’t do very well in the test at got appointed to be the city attorney, and she was all, but I scored higher than I had any reason to expect. going to hire some people. She wanted to hire a chief So when I got my results, I talked to my advisor, and he prosecutor, so I applied for the job. I was interviewed The next time I had an opportunity, she said [to] go for it. about doing it. Scott Vanderkarr, who’s cleverer than I said, “This is – you’ll go to Yale, you’ll go to Harvard! by Tony Celebrezze, of all people, and a couple of other I ran against a woman, who is also a friend of mine, who am, just went to the county commissioners’ and said, Look at these things!” And I said, “Well, wait a minute, folks, and I didn’t get the nod. They hired Steve McIntosh, had been appointed by the governor. She had worked “Give me some more money, and I’ll start a veterans’ slow down.” who’s now a Common Pleas Court judge. But about on the governor’s staff and been appointed by the court.” And he did it. I was glad he got his start; I was a three weeks later, I got a call from Janet Jackson. She governor. She’d only been on the bench for five months little disappointed, but I sucked it up. And then a couple I got married at the end of my college years, and my said, “Do you still want to come and work for me?” And by the time the election came around. So she and I ran. of years later, he said, “The Supreme Court is setting wife and I talked about graduate school in law school, I said, “Well, let me think about it for about a second. I enjoyed campaigning. It was evident to me that she rules for these things, now. We’re going to have to and I said, “Let’s go to graduate school for you first, and Yes.” And so she hired me as the first assistant. So Mac really didn’t enjoy it that much. And I was successful. follow the rules, and it’s going to be more complicated. I then we’ll go to law school later.” So it was delayed for and I worked together, side by side, for about seven It was a long shot. People I talked to said, “You don’t can’t handle all three of these courts myself. I want you several years, but I eventually came here to The Ohio years, and it was one of the best experiences I ever had. have a snowflake’s chance in hell of winning.” And I did. to take this one over.” And I said okay. So I got involved State University to go to law school. Fine man, one of the best I’ve ever met. That’s where I’ve been for the last eight years, and [it’s with the military and veterans’ service specialized the] best job in the world. docket. And it’s just been an amazing transformation. CBA: After law school, what did CBA: What made you want to your career look like? become a judge? CBA: How did you come up CBA: How does the Veterans’ Judge Barrows: When I got here, I worked. I had a job for Judge Barrows: At the end of [working with the city with the idea of starting up a Court work, and how does it a couple of years with an agency that provides support attorney’s office], I thought it might be time for me to take Veterans’ Court in Columbus? support people coming before it? to small county public defenders. It was called the a shot at running for judge. And the first time I went to Public Defender Association. On our board of directors ask Janet if I could do that, because that’s what you do in Judge Barrows: I knew that there were other veterans’ Judge Barrows: The way it’s set up is… it’s voluntary. was James Kura, who was the Franklin County public politics, she said, “Who do you want to run against?” And courts that were springing up around the state and The defendant and/or [their] lawyer have to say, “We defender at the time. My boss, Meg Teaford, knew that I told her, and she said, “Nope, you can’t run against him. around the country, and I was interested in it. And I think this is a good idea.” And it’s tough. I mean, some I wanted to be a public defender or legal aid lawyer. She He’s a friend of mine.” I backed on down. started thinking about and planning how I would go of these cases are ones where a person would just 1 4 | C o lu m b u s B a r L aw y e r s Q u a rt e r ly W i n t e r 2 0 2 2 1 5 | C o lu m b u s B a r L aw y e r s Q u a rt e r ly W i n t e r 2 0 2 2
go plead guilty in front of a judge and pay a fine and We have a probation officer, who’s from our probation get done with what’s a harrowing experience in combat maybe be on probation for a couple of years. But our department, who’s assigned to the MAVS court. So all that no one should ever have to go through, that human program requires them to attend every week for at least of our folks are on probation to her. So that’s a team of beings aren’t constructed for, [the military] doesn’t give the first three or four months and then, depending on three, then me, and it’s like, we just kind of wrap around them months of training about how to come back to their progress, they can come every other week, and these guys. civilian life, they give them a paycheck and a pat on the then depending on their progress, they can come every back and say, go on. third week, and eventually once a month. It’s intensive CBA: What happens if someone probation, which means we get into their case every Now these highly trained, mostly young men who are is unable to meet the intensive time. We know what they’re doing; we want to know taught that they can do anything, and [have] survived what their aspirations are. probation requirements? almost anything, come back and they’re not fitting in Judge Barrows: Not everybody is successful. Some very well. They don’t recognize that they need help, But, when I heard the stories of the other nine inductees We have all kinds of services [available]. The VA is with people try it out for a while and say, “I just don’t want to because they can tough it out. Because they’re tough that were there, stories of heroism in battle, a doctor us at the table. If this veteran has not linked up with the do this anymore.” And that’s okay, because it is voluntary. as nails. The suicide rate is terrible. So what gives me who’s 96 years old and still practicing and served in the VA, we get them linked up right away, because there’s a I tell people that if it’s too tough, if you can’t handle it, the real heart for it is, we can get folks and, first of all, second World War, I mean, I’m thinking to myself, I’m lot of things that are benefits that they can use. We also I’ll let you out of here. You’ll still be on probation for a bring them in. Tell them that we love them - we don’t a lawyer who got lucky enough to be a judge, and then have other social service agencies for drug counseling couple of years, but you don’t have to be here. Nobody use those words, because it wouldn’t work out too well lucky enough to take on this veterans’ court. But other and other kinds of things. We don’t require somebody has to be here. And I think that makes some of them – but [we] tell them that we love them, and then get than that, there’s a million GIs who served during the to have an honorable discharge, so we have a number feel more comfortable about being there, because it’s them to realize that they can have help, and it doesn’t Vietnam War. Some of them didn’t come home; some of of people who are not eligible for VA services. One of their choice. So that’s kind of the nuts and bolts of it. make them a lesser human being, and they can deal them came home and shot up. I came home and went the things we do for them is look into whether we can with some of the issues that may have brought them to college and went to law school and lived a good life. get their discharge upgraded. to court because they’re self-medicating. They wake up CBA: What’s the most rewarding It was hard for me to put myself in the same pantheon in the night in cold sweats; a car backfires and causes with these other folks that were being inducted, when part about working in the MAVS CBA: Who works to staff the them to dive under the bed. They do horrible things to I heard their stories. I was appreciative of the honor. I court? people they love, and they don’t have a good explanation mean, I don’t denigrate the honor. I’m just not sure that Veterans’ Court, other than Judge Barrows: The most rewarding part about working for it. We all kind of know what the explanation is; it’s I set a standard for that. yourself? post-traumatic stress, and there are modalities to treat with veterans is that by and large, most of them have that, if people will come to that place. They can come Judge Barrows: In addition to myself, I have two suffered trauma while in the military. CBA: What was the ceremony coordinators that are employed by the court. They out better people, and their lives can be better. And that’s what’s done it for me, is the possibility of helping like? maintain weekly contact with these folks in between the Here’s my stock speech that I tell people when I talk court sessions. They make sure that they understand about this: The United States military takes months to people have a better life who’ve given so much. Who Judge Barrows: It took place at the Veteran’s Memorial what their schedule is, where they have to go, and what train people up to be the best equipped, most serious just like me, held up their hand and swear to defend the over on Broad Street. It’s a beautiful building. Anyone they have to do. And sometimes they’re a sounding fighting force in the world. Best equipment, best training, Constitution of the United States. who hasn’t been there should go. It’s very emotional board. best men and women, and sends them off. When they for anybody, who especially has been in the service, to CBA: Congratulations on your go through it and see the displays. The ceremony itself took place in a large hallway right off the entrance, and recent induction into the Ohio it was attended by the governor. The governor actually Military Veterans Hall of Fame! handed out the diplomas, and General Ashenhurst put What was the experience like? on the medals around people’s neck. There was press and media coverage there. There were families. My Judge Barrows: I think the nomination probably came crew, the people who work with me at the court were from my crew. I also happen to know a couple of people there with me, as well as a number of others. My wife that were on the board and have worked with them in and my grandson came. And they called our names one various capacities. So, I think I may have gotten a leg by one; we went up and shook hands with the governor up there. and were given a medal and then took a seat. 1 6 | C o lu m b u s B a r L aw y e r s Q u a rt e r ly W i n t e r 2 0 2 2 1 7 | C o lu m b u s B a r L aw y e r s Q u a rt e r ly W i n t e r 2 0 2 2
I was the first one, so I sat there and kind of, you know, watched and listened to all of these other stories. It was pretty impressive. It was very emotional. And I think it’s a good thing that they do that. They honor a number of people every year. There were ten at this one. There are another ten who will be honored at different regional Focusing on Business, Employment & Tort Matters ceremonies as time goes on. AAA, FINRA, ABA & Ohio Supreme Court trained | 25+ years of experience • Arbitration • Mini Trial CBA: Your term at the • Mediation • Early Dispute Resolution • Special Master • Mock Trial court ended on Dec. • Early Neutral Evaluation • Magistrate 31. 2021. What are you Early Neutral Evaluation Online or In-Person www.OhioADR.org planning to do with No charge for travel time in Ohio 440-306-3063 your free time now that you’re officially there for the two weeks and take But, the best advice I got so far, retired? care of business. So I’m looking from somebody who is retired, Judge Barrows: My wife has been forward to the possibility of doing is don’t take on too many things retired for 10 years, and she’s had the that as well. As I understand it, right away. Take it easy. See how house to herself five days a week for the Supreme Court requires that it works out. If another opportunity most of those 10 years. So, I think you be available for that 13 weeks comes up, and you’ve got the time there’s going to be an adjustment. I a year. By my calculation, that’ll and the heart for it, go for it. But took a staycation in October, stayed finance two more scuba diving don’t say yes to six things all at home for a whole week. It went very trips every year. once; you may be sorry. And that’s well. We did some things together. good advice. So I’m going to take it We did some things separately. Her So that’s part of my plan is to stay easy. I’m going to segue into it. computer’s in one room, and my active and scuba dive a little bit computer’s in another room. And I more. Also, it’ll free me up during think we got along okay, so on that the daytime to do more volunteer front, I’m sure there will be some work in my local community. I adjustments, but it’s going to be good. will be able to go and volunteer at the food bank on Tuesdays or There is a thing that you can do if you Thursdays and spend a couple of retire as a judge, and it’s called ‘sitting hours doing that. I was on their by assignment’, so that if a judge in board of directors for a couple of another community is taking two years; it’s got my heart, and people weeks of vacation, that court doesn’t need food, and this is a way that all close down. The Supreme Court will of us can give back. And I’m sure assign a retired judge to go and stay that I’ll find other opportunities. 1 8 | C o lu m b u s B a r L aw y e r s Q u a rt e r ly W i n t e r 2 0 2 2 Photo: Barbara J. Perenic/The Columbus Dispatch
Historically, women-owned businesses have struggled to obtain equal representation in Women-Owned many industries, to secure funding for their Business businesses, and to be selected for lucrative contract work. Certifications BY MICAELA TAYLOR Currently, according to the National Association Having multiple certifications is significant to securing of Women Business Owners, the United States has contracts set aside for women business owners with 12.3 million women-owned businesses, making up 40 different agencies and companies because each Why Women Entrepreneurs Should percent of all U.S. businesses. Historically, women- owned businesses have struggled to obtain equal organization has separate requirements as to the certifications that must be obtained. Consider Certification representation in many industries, to secure funding for their businesses, and to be selected for lucrative Women-owned business certifications aim to provide women-owned contract work. businesses with opportunities by offering support in areas such as obtaining Christine Anderson, founder and president of Anderson funding and securing government and/or private-sector contracts. Decorating, Inc., is no stranger to the challenges that accompany running a woman-owned business. As a local attorney practicing with Dinsmore & Shohl In some cases, set-aside contracts for women-owned LLP’s construction law practice group, I believe it businesses even extend into the private sector. In fact, “You’re not taken seriously,” Anderson says of being is important for women-owned business to obtain through set-aside contracts, women- and minority- a woman business owner in the historically male- certifications at the state and local levels and to owned businesses are shaping the local culture dominated construction industry. “It took a while to be structure their businesses in a manner consistent with around Columbus, Ohio more than most are likely even recognized.” certification guidelines. aware. Having completed construction on the long- anticipated Columbus Crew SC’s stadium in Summer of 2021, women- and minority-owned businesses are Anderson has been a business owner since 1995, Government-sponsored women-owned business responsible for more than a quarter of the work that when she founded Anderson Decorating, a commercial certifications, among other aims, allow business was performed.i Dinsmore is able to assist women- painting company in the central Ohio area. Like owners who belong to historically disadvantaged owned businesses with organizing their businesses to many women business owners, Anderson has taken classes to be considered for select government comply with both private- and public-sector certification advantage of women-owned business certifications to contracts to the exclusion of others. To help bridge guidelines and with applying for and maintaining their advance her business’ goals. Anderson Decorating is gaps in industries where women and minorities are To be eligible for these set-aside awards, women-owned certifications to be eligible for set-aside contracts. certified through Disadvantaged Business Enterprises historically underrepresented, government agencies businesses must apply for and be granted the required (DBE), Economic Dividends for Gender Equality (EDGE), at the federal, state and local levels award a certain certification. Many of the certifications possess the and Women Business Enterprise (WBE). percentage of their contracts to women- and minority- same general requirements. To secure a certification, owned businesses. 2 0 | C o lu m b u s B a r L aw y e r s Q u a rt e r ly W i n t e r 2 0 2 2 2 1 | C o lu m b u s B a r L aw y e r s Q u a rt e r ly W i n t e r 2 0 2 2
women-owned businesses typically must show they are at least 51 We ran out of red percent owned, capitalized and controlled by a woman, and that a tape in 1982. woman holds the highest executive office, is responsible for managing the day-to-day business and has technical experience in the business’ primary activity. TURNS OUT WE DIDN’T NEED IT ANYWAY. And as Anderson points out, holding Why are so many banks dedicated to running you some certifications may be more through red tape? Making you jump through hoops. Not us. We hate red tape. That’s why we work to helpful to women-owned businesses deliver simple, sophisticated solutions. We remove than others. While she attributes complications, so you can live with no boundaries. the majority of her business to her DBE and EDGE certifications, Break free from the red tape. Anderson acknowledges that little Let us go to work for you. to none of Anderson Decorating’s LCNB.COM/WEALTH contract work results from her WBE certification, despite the NOT A DEPOSIT | NOT FDIC INSURED | MAY LOSE VALUE | NOT GUARANTEED BY THE FINANCIAL INSTITUTION @2021 LCNB National Bank requirements for keeping up with the certification. The utility of different federal, state and local “It doesn’t mean you’re going to get the work, but the Micaela M. Taylor, Esq. certifications ultimately depends more opportunities you have, eventually you will land Dinsmore & Shohl LLP on the industry and goals of the it,” she says. “At times, I may not be the lowest bid, but micaela.taylor@dinsmore.com business. I may be close enough, so because I’m [certified], I’m provided with the opportunity.” Getting the certification is just the beginning. While Anderson Certifications provide women-owned businesses credits 90 percent of the work with invaluable opportunities. Women entrepreneurs Anderson Decorating performs should research agencies and companies that offer to opportunities presented by attractive contract opportunities for their businesses becoming a certified woman- and consider undergoing the process to obtain required owned business, she is clear certifications for those entities. Legal representation that business owners should not can also help with this endeavor. expect the work to fall in their laps. Becoming certified allows women- i https://www.bizjournals.com/columbus/news/2021/03/27/crew-project-minority- owned businesses to bid on certain contracting-results.html contracts, but it doesn’t guarantee they will win the bid and be awarded the work. 2 3 | C o lu m b u s B a r L aw y e r s Q u a rt e r ly W i n t e r 2 0 2 2
Points of Practice “…we look at cases that addressed some basics of civil litigation such as the pleading Supreme Court requirements, rules of evidence and elements of negligence. This year, the Court also addressed a school board resolution to arm teachers and of Ohio: 2021 Year in Review the time limitations for confirming arbitration awards, among others. BY SAŠA TRIVUNIĆ driver when the landowner “consciously created a In this second edition of the Supreme Snay v. Burr, Slip Op. No. hazard in the-right-of way with knowledge of the danger” Court of Ohio Year in Review, we look 2021-Ohio-4113i the hazard creates for the driver. The Court declined to Expect the Unexpected. at cases that addressed some basics This case is about a widely asserted cause of action: create such an exception. negligence. Specifically, it’s about the duty of care that of civil litigation such as the pleading owners of land adjacent to a public road owe to errant The accident leading to this case was tragic. In requirements, rules of evidence, and drivers. According to the Court, the answer is “not very December 2016, Cletus Snay was driving to work when elements of negligence. This year, much.” he hit a patch of black ice, causing his car to veer to the side, hit two mailboxes and roll over. The accident the Court also addressed a school rendered Snay a quadriplegic. The first mailbox that Snay Before Snay, an adjacent landowner did not owe a duty board resolution to arm teachers and of care to a driver who left the regularly traveled portion hit belonged to Matthew Burr and sat less than two feet the time limitations for confirming of the road and hit an object in the right-of-way (i.e., the from the edge of the road. Despite knowledge of the easement acquired when the road was built, such as the guidelines for installing mailboxes (published by USPS), arbitration awards, among others. Burr installed his mailbox using a thicker diameter metal shoulder, a berm, or a ditch.) Snay asked the Supreme Court to create an exception to this rule and find that pipe, buried it a foot deeper than recommended, and Personal Injury | Criminal Defense | Civil Litigation an adjacent landowner owes a duty of care to an errant packed it with a concrete mix and stones. After Snay’s Legal issues often arise when you least expect them, and accident, Burr’s mailbox remained in the ground while when they do, it is important to contact a law firm you can the second mailbox that Snay hit was destroyed. An trust. accident reconstructionist opined that the method Burr 536 South High Street Columbus, Ohio 43215 used to install his mailbox caused Snay’s car to roll over Telephone: (614) 221-1342 | www.tyacklaw.com after hitting the mailbox. The Snays sued Burr for compensatory and punitive damages, alleging negligence and recklessness in installing the mailbox. The trial court granted summary judgment to Burr, holding that Ohio law does not impose The case at the Supreme Court was about the first upon adjacent landowners a duty of care to errant drivers element of negligence: the duty of care. The Court who lose control of their vehicles. The Sixth District Court said that the duty of care owed by a defendant to a of Appeals affirmed and the Supreme Court accepted plaintiff is a question of law, and that the answer lies discretionary review. in precedent. The majority and dissent (Donnelly and Brunner) differed in their interpretation of the Court’s 2 4 | C o lu m b u s B a r L aw y e r s Q u a rt e r ly W i n t e r 2 0 2 2 2 5 | C o lu m b u s B a r L aw y e r s Q u a rt e r ly W i n t e r 2 0 2 2
holding in Manufacturer’s Natl. Bank of Detroit v. Erie The dissent said the majority’s holding in Snay is Cty. Rd. Comm.ii There, a fatal car crash occurred at inconsistent with Manufacturer’s. The dissent said an intersection because corn growing in the right-of- Manufacturer’s “clearly stands for the proposition way obstructed the driver’s vision of cross traffic. The that landowners can be held to owe a duty of care to estate of the driver sued the township and the adjacent motorists based on creating an ‘unreasonable’ hazard in landowner. Regarding the landowner, the Court held the right-of-way.” that “where the abutting landowner or occupier uses MOTION TO the highway right-of-way in a manner inconsistent with Justice Donnelly said that Burr “consciously constructed a highway purpose, and where such usage constitutes a mini fortress to protect his mailbox” and that “[i]t does an unreasonable hazard to the users of the highway, not take great imagination to see how the facts of [Snay] WITHDRAW. the landowner or occupier may be liable for damages could give rise to a duty of care on the part of Burr.” proximately caused by the improper use of the right of way.” Johnson v. Abdullah, Slip Op. No. Granted! My retirement starts on January 1, 2022. 2021-Ohio-3304iv I’ve had a long, rewarding career as both a trial lawyer and a The Court declined to apply Manufacturer’s to Snay’s In Johnson, the Court said that a physician working in an mediator. Thank you to everyone who’s helped make it great. case, distinguishing Manufacturer’s because the accident there occurred on the regularly traveled portion of the executive role (such as a COO of a hospital) who doesn’t Sincerely, directly oversee physicians who treat patients cannot Bob Palmer road (not the right-of-way as in Snay), and because there was no dispute that the corn rendered ordinary travel on testify as an expert witness under Evid.R. 601 because the road unsafe by limiting visibility of divers. As a result, they are not “active in clinical practice.” the Court in Manufacturer’s didn’t consider whether the landowners’ duty extended to off-road (right-of-way) Evid.R. 601 is the “general rule of competency” of conditions that didn’t impede the safety of ordinary travel witnesses. The Rule says every person is competent on the road (like a mailbox). Rather, the majority said, its to be a witness except as otherwise noted in the Rule. The Johnson family sued Dr. Abdullah for medical McCroy decision tried to strike a balance by devising decision in Turner v. Ohio Bell Tel. Co., is controlling.iii In One of these exceptions deals with expert witnesses malpractice. At trial, Abdullah called Dr. Ron Walls to a definition of “active clinical practice” that, in addition Turner, a driver veered off the road and struck a utility testifying in a medical malpractice case. That exception testify as an expert witness. The Johnsons argued that to physicians in direct contact with patients, included pole in the right-of-way. The Turner court said that, with says: Walls could not testify because he didn’t satisfy the the “panoply of medical expertise of various physician- respect to duties owed by landowners to drivers, the requirements of Evid.R. 601, but the court overruled specialists who work daily in and for hospitals often “focus is not on the location of an off-road object but on (B) Disqualification of witness in general. A person them and found that Walls was competent to testify. The assisting, directing, or advising the attending physician” whether that object makes the roadway unsafe for the is disqualified to testify as a witness when the court First District Court of Appeals reversed and remanded in the care of the sick. McCroy also tried to exclude usual and ordinary course of travel.” Since the utility pole determines that the person is: the case for a new trial because it concluded that Walls’s from the definition of “active clinical practice” testimony was in the right-of-way and did not affect the ordinary job was “almost entirely administrative,” and that Walls of physicians “who earns his living or spends much of course of travel on the road, the utility company owed no (5) A person giving expert testimony on the issue was not engaged in active clinical practice of medicine, his time testifying against his fellows as a professional duty to the driver. of liability in any medical claim, as defined in R.C. in violation of the plain language of Evid.R. 601. witness.” 2305.113, asserted in any civil action against a Because Burr’s mailbox did not affect the safety of physician, podiatrist, or hospital arising out of the The Supreme Court affirmed. The Court looked at two In the second case, Celmer v. Rodgers, the Court looked ordinary travel on the regularly traveled portion of diagnosis, care, or treatment of any person by a of its prior decisions in this area. The first and “seminal at whether a medical expert may testify under Evid.R. the road, the majority said, Burr’s knowledge that the physician or podiatrist, unless: case” in this area was McCroy v. State.vi In McCroy, the 601 when the expert does not satisfy the requirements construction of his mailbox didn’t comply with guidelines Court held that the term “active clinical practice” under of the Rule at the time the trial takes place but did satisfy did not warrant a departure from the general rule that (b) The person devotes at least one-half of their the statute that later became Evid.R. 601 meant work the requirements at the time the trial was originally “the duty to motorists owed by an adjacent landowner or professional time to the active clinical practice in that was “so related or adjunctive to patient care as to be scheduled to start (the opposing party causing the an occupier of land adjacent to the road extends only to their field of licensure, or to its instruction in an necessarily included in that definition for the purposes delay in trial date).vii In Celmer, the defense requested conditions in the right-of-way that render ordinary travel accredited school.v of determining fault or liability in a medical claim.” The a continuance of the trial and the court then stayed the on the regularly traveled portion of the road unsafe.” 2 6 | C o lu m b u s B a r L aw y e r s Q u a rt e r ly W i n t e r 2 0 2 2 2 7 | C o lu m b u s B a r L aw y e r s Q u a rt e r ly W i n t e r 2 0 2 2
case due to the insolvency of the defendant’s insurance executive or administrative, which included overseeing contact was primarily with the hospital’s management, (6) results in a heightened pleading standard as opposed carrier. Thus, the trial took place more than two years the teaching and training programs in the hospital and not treating physicians. In short, Walls “was not engaged to the ordinary, notice-pleading standard. The Court after the originally scheduled trial date. When the case the quality and safety of patient care. Regarding time in the active practice of medicine or in a role adjunctive said no, reiterating that Ohio remains a notice-pleading finally went to trial, the plaintiff’s expert no longer that is not executive or administrative in nature, however, to patient care” and thus failed to meet the standard set standard in all but a few circumstances identified in the devoted “at least one-half” of his professional time to Walls testified that he devoted just one hour per week by McCroy. The Court concluded, “We accordingly hold Civil Rules: active clinical practice, as required by Rule 601. The making hospital rounds with the chief nurse, visiting that a physician employed in an executive position who Court created an exception in Celmer and, although residents and nurses who deliver direct patient care. does not directly oversee physicians engaged in treating Ohio is a notice-pleading state. This means that Rule 601 is written in the present tense, the plurality Walls then testified that, although administrative or patients does not satisfy the active-clinical-practice outside of a few specific circumstances, such as opinion permitted the plaintiff’s expert to testify given executive in nature, everything he does in his day, week requirement of Evid.R. 601.” claims involving fraud or mistake, see Civ.R. 9(B), the unique circumstances of that case. and month has a direct influence on patient care. The a party will not be expected to plead a claim with particularity. Rather, “a short and plain statement of examples he provided include ensuring the hospital is Maternal Grandmother v. The Court declined to extend Celmer to Johnson adequately staffed, ensuring the hospital has the proper the claim” will typically do.ix technology to treat patients, and mentoring and guiding Hamilton Cty. Dep. of Job & v. Abdullah. After noting “that medical-malpractice actions often proceed at a snail’s pace,” the Court department chairs and clinical nurse leaders. The Court Family Servs., Slip. Op. 2021-0hio- These general pleading rules still apply, the Court says, in limited Celmer to its facts and applied the general rule didn’t buy it. 4096viii cases where an employee’s allegedly wanton or reckless that a witness must meet the requirements of Evid.R. The Supreme Court reiterated that Ohio remains a notice- behavior is at issue. As a result, the grandmother was 601 at the time the testimony is offered at trial. In the Court’s view, “Walls was a true executive.” To the pleading state and that the notice-pleading standard not required or expected to plead with particularity the Court, it was important that Walls did not testify that he applies to complaints that invoke the exception to factual circumstances surrounding the alleged wanton With that background, the Court found that Walls did directly supervised any of the physicians at the hospital immunity afforded to employees of political subdivisions. or reckless behavior. Rather, “all that was required at the not satisfy the requirement of Evid.R. 601 at the time who treated patients. Rather, Walls’s focus was on pleading stage” is to put the “caseworkers on notice of of trial because was not in active clinical practice. ensuring the hospital operated properly. At best, the Court The grandmother of a deceased two-year-old sued the claims against them and raising the possibility that Walls testified that 90 percent of his work was purely said, Walls indirectly supervised doctors, but his daily Hamilton County, its commissioners, the department the exception to their statutory immunity” might apply. of job and family services, and individual caseworkers involved in her granddaughter’s case, alleging claims for Justice DeWine took the opportunity to “offer a more wrongful death and survivorship. The complaint alleged complete discussion of Ohio’s pleading standard.” In that the caseworkers acted recklessly and wantonly in his concurrence, Justice DeWine discusses Ohio’s performing their duties by, among other things, ignoring adoption of the notice-pleading standard from the U.S. the history of family abuse, failing to investigate and Supreme Court’s decision in Conley v. Gibson, which said report neglect and abuse, and overlooking clear signs of a complaint may be dismissed at the pleading stage if abuse during a home visit less than a month before her it appears beyond doubt that plaintiff can prove “no set granddaughter’s death. The defendants filed motions of facts” in support of the claim. Justice DeWine then for judgment on the pleadings, arguing that they were recounted the U.S. Supreme Court’s divergence from statutorily immune from the lawsuit. The trial court the notice-pleading standard in Conley in favor of the granted the motions. The court of appeals affirmed, “plausibility” pleading standard articulated in Twombly concluding that the complaint contained unsupported and Iqbal, stating that the “no set of facts” standard legal conclusions without sufficient facts to show that had “earned its retirement.” Justice DeWine argues that the conduct of the caseworkers rose to the level of Ohio “should consign the phrase to a similar fate in Ohio willful, wanton or reckless misconduct to overcome the jurisprudence” and invites the issue to come before the presumption of immunity under R.C. 2744.04(A)(6). Court by claiming “[t]here are good reasons” for Ohio to adopt the Twombly and Iqbal pleading standard. Until The Supreme Court reversed. The issue before the court then, Ohio remains a notice-pleading state. was whether a case involving an exception to immunity for wanton or reckless behavior under R.C. 2744.04(A) 2 9 | C o lu m b u s B a r L aw y e r s Q u a rt e r ly W i n t e r 2 0 2 2
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