Reducing Researching Costs with Google Scholar
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table of contents T he Cincinnati Bar Association, founded in CBA Report 1872, is an Ohio not-for-profit corporation, the members of which are attorneys principally practicing in Hamilton County, Ohio. Its mission is to promote professional excellence, foster justice, serve our members and educate the public. Cincinnati Bar Association 2014-2015 Board of Trustees John P. Tafaro, President Eric K. Combs, President-Elect Douglas R. Dennis, Vice President Laura S. Raines, Secretary Chad S. Levin, Treasurer Jean Geoppinger McCoy, Immediate Past President Erin Manahan Alkire What’s inside… Stacy Christman Blomeke Edward J. Boll III Kent A. Britt Hon. Ethna M. Cooper 4 Alison A. De Villiers President’s Brief Jodie Drees Ganote Steve MacConnell William R. Graf By John P. Tafaro, President, Cincinnati Bar Association Joseph D. Heyd 5 Daniel N. Moore Cover Article Kelly Mulloy Myers Reducing Research Costs with Google Scholar Amy Pennekamp By Eric Voigt R. Guy Taft Christopher A. Wagner Neal J. Weill John J. Williams 7 Balanced Living Sticking to Your Fitness Program: Part 2 By David Dickey 8 John M. Williams John B. Pinney, ABA Delegate Feature Article John C. Norwine, ex officio Amy’s Choice — Identifying Full-Time Employees under the Affordable Care Act Correspondence regarding this By Kimberly Wilcoxon 10 publication should be sent to: Editor, CBA Report 225 East Sixth Street, 2nd Floor Tech Tip Cincinnati, OH 45202-3209 5 Reasons Why You Should be on Twitter! (513) 381-8213 • FAX (513) 381-0528 e-mail: communications@cincybar.org By Mary Lynn Wagner Requests for advertising information should be sent to: Erin Emerson, Marketing Director e-mail: elemerson@cincybar.org 12 On Second Thought Negotiation by Threat By Bea V. Larsen 14 The CBA Report (USPS Permit No. 5415) is published monthly by the Cincinnati Bar Association, 225 East Sixth Street, 2nd Floor, Cincinnati, Ohio 45202-3209, (513) 381-8213. CBA membership includes a sub In the Spotlight scription. Non-member subscriptions are $30 per year. Third-class postage paid at Cincinnati, Ohio. Postmaster: Send address changes 2014 CBA Annual Meeting to CBA Report, c/o The Cincinnati Bar Association, 225 East Sixth Street, 2nd Floor, Cincinnati, Ohio 45202-3209. ©Copyright 2014 by The Cincinnati Bar Association. All rights reserved. Reproduction in whole or in part without permission is prohibited. The CBA Report is published as part of the CBA’s commitment to provide membership with information relating to issues and concerns of the local 24 CBA Staff Directory 23 Ethics Hotline legal community. Also inside Opinions and positions expressed in the signed material are those of the author and may not necessarily reflect those of 22 Cincinnati Bar Foundation 32 Legal Community News the CBA. 35 Classified Ads 34 Member/Firm News 26 Committee Corner 24 Member Services 30 Continuing Legal Eduction 27 Young Lawyers Section 31 CLE Seminar Calendar www.CincyBar.org l June 2014 CBA REPORT 3
Steve MacConnell By John P. Tafaro L ifelong Cincinnatian and former What I had not known was that Steve CUB operates four Head Start-supported CBA President, Stephen MacCon- established an early work ethic during schools for 3, 4 and 5-year-olds, in Win- nell spent 26 years as a litigator, his summers between years at St. X High ton Terrace, Camp Washington, Milville most of it representing plaintiffs in School in the 1960s working for his Dad and College Hill. personal injury cases. With the third at Thomson-MacConnell Cadillac. Here The new facility for the Anna Louise of three children safely off to college, he washed cars and moved cars as a “car Inn, set to open in the summer of 2015, Steve sought a second career that would jockey,” which entailed moving vehicles will provide affordable housing to leverage his skills as a lawyer and busi- in and around the dealership, between women with 85 efficiency apartments. ness owner to help people who needed it, the service department and tire-change In addition to the affordable housing, giving what he described as a “different bay, the showroom and the inventory lot. Steve and his staff oversee other, compat- purpose” to his professional life. Younger brother Chris now runs the fam- ible programs like “Off the Streets.” This Upon leaving the practice of law, ily business. program helps women recovering from he did stints working at the Student But Steve was not destined to work in prostitution and addiction. The new Loan Funding Corporation and an the auto industry, instead enrolling at UC Anna Louise Inn will have 25 double organization known as Family Service- Law School, graduating in 1972. His first rooms available to women participants now LifePoint Solutions. In 2001, Steve job was as an associate with Clark, Rob- and provide them the training and sup- became president and CEO of Cincinnati inson & Hellebush, where he became the port to pick themselves up and improve Union Bethel. The skills and experi- firm’s sixth lawyer. Expressing an interest their lives—and in many cases the lives ence he acquired in his legal career now in becoming a trial lawyer, the partners of their families. benefit up to 900 low-income, preschool were most supportive, telling him, “Okay, When wearing the many hats re- children annually and more than 100 go out and be one.” That was the total quired of any CEO, MacConnell uses adult women facing major challenges as extent of the formal training provided by his legal training and experience nearly they strive to become independent and his new firm. It all seemed to work out, everyday. From employing the skills of productive citizens. though. By the end of his traditional legal persuasion acquired over 26 years as a It was fascinating meeting Steve at career, Steve had become managing part- litigator to lobbying for passage of the his Walnut Hills office, where he directs ner of the practice then known as Kepley, upcoming Family Services Levy (from eight staffers and oversees a budget of MacConnell and Eyrich, with 25 attor- which CUB receives a percentage of about $7 million as the president and neys practicing probate and real estate law its budget), Steve’s legal experience is CEO of Cincinnati Union Bethel. I have in addition to litigation. paramount to his success. And as Steve known two of his brothers, Rocky and Along the way, Steve, like many of us, continues to raise the money from pri- Chris, for many years, and had known served on multiple non-profit boards, and vate sources needed to operate, perform that Steve was the 105th CBA president in was particularly partial to organizations the daily tasks associated with owning 1997-98. I also followed with interest the that provided human services to people real estate and having employees and much publicized travails of CUB and one in need, right here in Cincinnati. “Sadly, negotiate contracts with vendors, Cin- of its most high-profile programs, the Cincinnati has the tenth highest poverty cinnati Union Bethel is in good hands Anna Louise Inn. I knew Steve played a rate of major cities in the country, and 53 under the direction of CBA-member key role in negotiating the sale of CUB’s percent of Cincinnatians in poverty are Steve MacConnell. He is a credit to our historic building near Lytle Park as part children,” he lamented. “We have the sec- Association and our profession, and I am of a deal to build a beautiful, state-of-the- ond highest poverty rate among children, proud to know him. art, new facility on Reading Road—just which is just not acceptable,” he contin- north of downtown. ued. In his current position he is able Tafaro is the 2014-2015 president of the Cincinnati Bar Association. to make a difference in child poverty, as l 4 June 2014 CBA REPORT www.CincyBar.org
cover article Reducing Research Costs with Google Scholar What You Don’t Know About Google Scholar (But Should) By Eric Voigt C lients have been increasingly tabase appears to have more unreported Google Scholar also allows you to reluctant to pay for legal research. opinions from federal circuit courts than filter search results by date and court. In this age of bundled services, federal district courts. For example, say you need to determine they think that research costs should be whether the Ohio Supreme Court has included with an attorney’s hourly or flat- Reliable Search Algorithm and recently addressed your client’s issue. rate fee. If you are seeking ways to reduce Advanced Searching You would first run a keyword search research costs, here is one good option: Unsurprisingly, Google Scholar is in the database of Ohio Supreme Court Google Scholar. It is an online research powered by Google’s powerful search cases. After receiving those results, you service that you should use to find cases algorithm. When searching for federal can then limit the search results to cases and secondary sources— that were decided since for free. This article first 2013 or 2014 (the filter is explains the primary on the far-left column). benefits of Google You can also limit a search Scholar. But before you to specific federal courts, cancel your subscrip- such as the Sixth Circuit or tion to LexisNexis or the District Court for the Westlaw, read the second Southern District of Ohio. part of this article on its Additionally, you can sort limitations. your results by relevancy (default) or date. Extensive Database of Cases Useful Proximity Google Scholar has Connector an extensive database Most free services do of reported cases from not allow users to run state and federal courts. searches with proxim- Its database covers cases ity connectors. Thus, if from the United States you want to find cases Supreme Court (since where “warrantless” and 1791), the United States “search” and “vehicle” ap- Courts of Appeals and pear in the same sentence United States District Courts (since and state cases using keywords, the or paragraph, you cannot. But Google 1923), and supreme court and intermedi- relevancy of the results are comparable Scholar has one proximity connec- ate appellate courts from all states (since to the results on WestlawNext and Lexis tor—AROUND. For some odd reason, 1950). It also has federal and state cases Advance. In fact, like those paid services, Google wants only the “in-crowd” to that have not been officially reported. Google Scholar will likely return relevant know about this search functionality; in The inclusion of unreported cases is use- results even if you do not use the proper fact, it does not even mention the con- ful to Ohio attorneys because appellate terms of art. Its search algorithm works nector “AROUND” on the official Google opinions issued after May 1, 2002 are best for commonly-litigated issues but Scholar Blog.2 binding.1 Unfortunately, Google does not often returns irrelevant results for novel After experimenting with this prox- identify the scope of coverage, but its da- issues. imity connector, I learned a few useful www.CincyBar.org June 2014 CBA REPORT 5 l
cover article tips. First, you can use “AROUND” only database for secondary sources, you can was overturned on appeal, you may not to search for a term that appears after use it to find legal articles that are hosted know. Further, Google Scholar’s citation another term. For example, assume you on other websites. Some sites are free and service does not indicate whether a case need to find federal cases addressing some require a paid subscription. For remains valid or how subsequent courts when the police may conduct a Terry instance, if you searched for articles on have treated it. (Of course, you should stop based on a suspected misdemeanor Ohio tortious interference law, Google not rely on the colorful symbols next to crime. One search string could be Scholar would provide links to articles on cases on Westlaw or LexisNexis.) “Terry AROUND(15) stop AROUND(15) bepress (free), the Social Science Research Third, for some cases, its database misdemeanor.” In that string, Google Network (free), and HeinOnline (paid). contains duplicates. Duplicates can occur Scholar will search for cases where “stop” when an unreported opinion is released appears within 15 words after “Terry” Limitations of Google Scholar and then designated for publication. and “misdemeanor” appears within 15 Despite my praise for Google Scholar, One example is In re Aqua Dots Products words after “Terry” and “stop.” It will it should not be an one-stop shop for Liability Litigation, No. 10-3847 (7th not find cases where “misdemeanor” your research needs. Google Scholar has Cir. Aug. 17, 2011). A keyword search appears before “Terry” or “stop.” Second, several limitations; as a result, it will not of federal cases returns the unreported you must capitalize “AROUND,” have no put Westlaw or LexisNexis out of busi- and reported versions of that case. If you space between it and the parenthetical, ness any time soon. found only the unreported opinion on and include quotation marks around the First, it has no database of stat- Google Scholar, you would not know that entire search string. Without quota- utes—not even the United States Code. the opinion was later reported, which tion marks, Google will run a natural If a statute covers your issue, you will makes it binding on federal courts within language search. Third, the connector not find it on Google Scholar. And you the Seventh Circuit. “AROUND” does not work for phrases. may not even find cases addressing your In short, you should research with Thus, if you used the search string “Terry statute. For example, say under Ten- Google Scholar to reduce costs, but you stop AROUND(15) misdemeanor,” you nessee law your client wants to recover should not rely on it exclusively. There is will receive no results. non-economic damages for the wrongful still a place for paid research services. death of her dog. If you searched Tennes- Citation Service for Cases see cases with the terms “non-economic Voigt teaches legal research and writing at Faulkner Google Scholar has a citation service damages death pet,” you would not find University, Jones School of Law. As the founder of R+W Legal Consultants, he presents interactive CLE courses for cases that is similar to Shepard’s and any relevant authority because a Tennes- and blogs on legal research and writing at www. KeyCite. To find subsequent authority see statute governs this issue and no case rwlegalconsultants.com/blog. that has cited your case, simply click has cited this statute. “cited by,” which appears at the bottom of Second, Google Scholar’s citation 1 Rep.Op.R. 3.4 (“All opinions of the courts of appeals each result (see image below). service is not as effective as Shepard’s or issued after May 1, 2002 may be cited as legal authority and weighted as deemed appropriate by the courts KeyCite. Although you can cite check without regard to whether the opinion was published cases, you cannot cite check statutes. And or in what form it was published.”). you cannot cite check unreported cases— 2 See http://googlescholar.blogspot.com. a must for issues governed by Ohio law. Consequently, if your unreported case And the results can be organized based on the depth of discussion—mean- ing, the first listed results would have discussed your case in more detail than Learn more legal research tips at Professor Voigt’s June 23 CLE at the CBA, “Becoming a Rock Star Researcher.” Voigt later results. The depth of discussion is represented by horizontal bars next to each case name: the more bars, the great- will share a systematic approach to case law and statutory research that er the discussion of your case. Thus, you will immediately know which opinions yields reliable, cost-effective result. The program runs from 1 to 4:15 p.m. did more than merely cite your case. You also can create citation alerts and have and qualifies for 3.0 hours of CLE and New Lawyer Training Credit. Register them delivered to your email. at www.cincybar.org or on page 31. Free Secondary Sources Although Google Scholar has no l 6 June 2014 CBA REPORT www.CincyBar.org
balanced living Sticking to Your Fitness Program Part 2 By David Dickey I n the first segment of this article just been out of it for a while, it is always is the one thing you have to be selfish written by attorney and former Divi- best to get the assistance of a qualified about—30-60 minutes a day 3-4 days a sion I college athlete James Bogen, personal trainer who can show you the week is all you need. he explained why some people tend to proper way to do each exercise. Time Now that we’ve taken care of the easy fail on their fitness journey, from his and time again, I see people using im- parts of getting a personally designed perspective. Now I will give you the proper form, and when they choose not program, knowing how to safely do each professional opinion of a 14 year veteran to change their form when instructed, exercise, setting our goals and making certified personal trainer. I often see them in the physical therapy time to exercise, it’s time to address the The hardest part of having success in department we have in our gym. Most of hardest part—the remaining 23 hours the gym is knowing what to do. The In- the equipment in the gym has a diagram of the day. Proper nutrition and rest are ternet is full of workouts and challenges displaying proper form, but it’s best to two of the most essential parts of attain- geared to attract the lesser informed gym have a professional show you exactly how ing your fitness goals. There are so many users. The problem with most of these to use each piece based on your body temptations that sabotage our results. It’s workouts is that they are not designed for composition and your physical abilities. easier to run through a drive-thru than it the individuals that are doing them. Just When you finally have your program is to make a nice home cooked meal. Or as an example you can look up any world designed and the knowledge of how to is it? As trainers we teach our clients to class bodybuilder’s exercise routine and it do each exercise properly, it’s time to set maintain a healthy lifestyle even if you will give you rep for rep exactly what he some goals. Going to the gym without are on the go all the time. For example, or she is doing. The things they leave out goals is like playing basketball with I cook days in advance so that I can just are that he or she has been training for no hoops. It just turns into a bunch of grab my food and go. Between work- years and have also been taking supple- people wandering around aimlessly. As ing 70 plus hours a week and raising a ments for years (some legal, some illegal). a trainer, we have our clients set their 3-year-old, every bit of time I have must The best way to get results is to have a long term goal to 12-18 months in the count. The dollar menu would save me training program specifically designed future, but also set smaller four to six time, but you can’t have a million dollar for you based on your physical abilities week goals. We want these goals to be body living on the dollar menu. and your individual goals. attainable, but we also want you to have These are just a few of the main issues Once you’ve attained this personal- to work for them. They can be based on we see day to day in the gym with some ized program, it is best to change your weight lost/gained, body fat lost, in- simple solutions to help you have suc- routine every four to six weeks. The creases in strength or stamina or simply cess in your fitness program. If this has reason being is that if you don’t, your attending the gym X amount of times stimulated some questions and thoughts, body will get acclimated to what you’re each week. I would love for you to share with James doing and you will plateau. Changing Another common problem we hear is Bogen and me as we host part two of our your routine will provide the needed that people “don’t have time to exercise.” “How to Make Fit Fit” program called shock to your system to allow you to keep I understand that we have our families “How to Make Fit Fit: Sticking to It.” progressing. In addition to preventing a to deal with, jobs, vacations, kids’ sports Our program will be held Friday, May 30 plateau, changing your routine will also and maintaining our homes. However, from 12-1 p.m. at the CBA as part of the keep it fun so that you don’t get bored will any of that get done if you’re sick, Balanced Living Lecture Series. and lose interest. injured or, heaven forbid, dead? I have Another key element to attaining a little girl that is my world, but with- Dickey is a certified personal trainer and is currently results and staying safe is using proper out me healthy, I’m just an insurance the personal training General Manager at the Anderson Fitworks. Dickey was a four year letter technique. Whether new to the gym or check waiting to be cashed. Your health winner in basketball at IUPUI. www.CincyBar.org June 2014 CBA REPORT 7l
feature article Amy’s Choice — Identifying Full-Time Employees under the Affordable Care Act Ed. Note: This information was submitted for publication on May 2, 2014. It does not reflect guidance issued on or after this date. By Kimberly Wilcoxon A s many employers are doing right to work less than 32 hours per week and cannot be shorter than three months or now, fictional HR manager Amy who actually work or are otherwise cred- longer than twelve months. Amy decides is trying to decide whether and ited with an average of at least 30 hours to use the longest possible measurement how to change Acme Inc.’s health plan to per week will be considered full-time period to reduce the chances that occa- avoid the Affordable Care Act’s “pay or employees who could cause Acme to be sional overtime could cause a part-time play” penalty in 2015. subject to a penalty. employee to have worked an average of If Amy does not offer a sufficient Amy will need to decide whether to at least 30 hours per week over the full level of affordable health coverage to all revise Acme’s health plan for 2015 to length of the measurement period. of Acme’s full-time employees in 2015, ensure that Acme can avoid this penalty. For example, assume Fred is regularly Acme could be subject to a penalty. When making this decision, Amy should scheduled to work 25 hours per week and The amount of the penalty will depend first try to identify how many employees actually does work 25 hours per week in in part upon the number of full-time are regularly scheduled to work fewer February through October. However, employees Fred picks up who are not offered a suf- Although Acme may designate certain employees as extra shifts to help pay for ficient level of affordable “full-time” for other purposes, that designation has no Christmas presents, so coverage. impact on the application or calculation of the penalty. he works 35 Amy will hours per need to know week in No- how many full-time employees are cur- than 32 hours per week but nevertheless vember, December and January. rently eligible for coverage under Acme’s meet the Affordable Care Act’s definition If Amy used a six month measure- plan – and how many are not. of “full-time.” ment period (i.e., November through Although Acme may designate cer- To determine which employees meet April and May through October), Fred tain employees as “full-time” for other the Affordable Care Act’s definition of would have worked an average of 30 purposes based on their regularly-sched- “full-time,” Amy can look back at the hours per week during the November- uled work hours, that designation has no number of hours of service credited to an April measurement period and would be impact on the application or calculation employee during a measurement period. considered a full-time employee for the of the penalty. Any employees credited with an average next stability period. For example, Acme had previously of at least 30 hours of service per week Because Fred was not regularly decided that health coverage was avail- during that measurement period would scheduled to work at least 32 hours per able to all of its “full-time employees,” be considered “full-time” under the Af- week, he would not be eligible for Acme’s and that an employee who is regularly fordable Care Act for a subsequent period health coverage under its current terms. scheduled to work at least 32 hours per of time known as a stability period. Amy would need to change her plan’s week is a “full-time employee” for this Amy has some discretion to deter- terms in this case if she wanted to ensure purpose. mine which period of time to use as a that Acme would not be subject to a pen- For purposes of the penalty, however, measurement period and which period of alty for failing to offer coverage to Fred. a “full-time employee” is an employee time to use as a stability period. How- If Amy instead used a twelve-month who is credited with an average of at least ever, measurement and stability periods measurement period (i.e., November 30 hours of service per week. Any Acme must meet a number of requirements. through October), Fred would have employees who are regularly scheduled For example, the measurement period l 8 June 2014 CBA REPORT www.CincyBar.org
feature article worked an average of 27.5 hours per week over that twelve-month period. As a result, he would not be considered full- Trust Account Guidance time during the next stability period and Lawyers’ Trust Accounts: A Handbook on the Rules Governing he could not cause Acme to be subject to the Duties of Lawyers to Account for Client Funds a penalty. Single copy: $15; Five or more: $12 each Because Amy has chosen a twelve- (plus tax, shipping and handling) month measurement period, she must Thanks to the Cincinnati Bar Foundation. also choose a twelve-month stability To get your copy, visit the online store at period. Acme offers health coverage over www.CincyBar.org a calendar year, so she decides to use the calendar year as the stability period. Because Amy will use a calendar year stability period, the measurement period cannot end earlier than October 3 (i.e., 90 days before the beginning of the stability period). Amy decides to use a measurement period that runs from October 16 of each year to October 15 of the following year. Having made this decision, Amy can now look back at past data to see which Legal information, services, and education employees will likely work an average of at least 30 hours per week from October 16, 2013 through October 15, 2014. 1000 Main Street, 6th floor, Cincinnati, OH 45202 Amy discovers that Acme hired a 513.946.5300 number of employees after October 16, 2013. Amy also discovers that Acme has http://www.hamilton-co.org/cinlawlib a number of interns, co-ops and tempo- rary employees who are not eligible for coverage. Before Amy can finish identifying her full-time employees, she’ll need to understand the special rules that apply to these groups of employees. Next month’s article will focus on some of these special rules. Wilcoxon is a partner in Thompson Hine LLP’s Employee Benefits and Executive Compensation group and advises employers on the legal requirements applicable to group health plans. Photo: Beebo Photography Encourage your clients to bring hope where there is despair, love where there is loneliness and faith where there is emptiness. To learn more about legacy gift opportunities with The Society of St. Vincent de Paul contact Kate Farinacci, Relationship Manager, at 513-562-8841 ext. 259. www.CincyBar.org June 2014 CBA REPORT 9 l
5 tech tip Reasons Why You Should be on Twitter! By Mary Lynn Wagner 1. Expand Your Network 4. Signing up to receive an account’s Twitter allows you to find and Twitter Alerts will allow you to receive Follow the connect with people who have notifications directly to your phone Government similar interests (personal or profes- whenever an account marks a Tweet as Congressional members, the sional) and share information. Just like an alert. To receive Twitter Alerts as White House and other governmental Facebook, you can look through the push notifications, you must be using agencies are using Twitter constantly to profiles of people you may be interested Twitter for iPhone version 5.10 or higher, disseminate announcements, updates in to see who they are following and who or Twitter for Android 4.1.6 or higher. to rules/regulations, and news stories. 3. follow them. When you locate people Increasingly, political discussions and is- of interest, you can easily add them to Follow Your Industry sues are taking place on Twitter. There’s your network by clicking on the “Follow” Many organizations are using even a Twitter site called Twitter Govern- button. Twitter to promote news about ment (@gov) devoted to tracking creative You can also use Twitter’s search events and the organization. In addition, and effective uses of Twitter for civic feature to search for a topic of interest. organizations are adopting the use of engagement. 5. The results can be used to locate other conferences hashtags so that people can individuals or organizations you want follow the events of the conference and Find Experts to follow and you always have the option connect with other attendees. During Twitter can also be used to to save the search and monitor future the 2013 OSBA conference, attendees locate experts in a specific field discussions. were instructed to use the #lawmedia of interest. Following industry related 2. hashtag to keep the conversation going individuals and organizations can help Follow Breaking News after their annual law media presenta- you locate potential experts in any field. News outlets as well as local, tion. The International Legal Technology You may not want to choose an expert state, and federal governmen- Association (ILTA) used the hashtag solely on the basis of some Tweets, but it’s tal agencies are increasingly turning #ILTA13 for all discussions regarding a nice way to expand your list of names to Twitter as a way to issue emergency their annual conference last year. from the traditional resources you may notifications and fast breaking news. Twitter Chats are also gaining in already be using. In September of last year, Twitter an- popularity as a way for people to dis- nounced “Twitter Alerts” as a new way cuss current issues on Twitter. Twitter If you start engaging on Twitter, I to obtain accurate information from Chats are comprised of a moderator who guarantee that you WILL be surprised credible organizations during emergen- presents questions at a designated time by the information you find. Twitter is cies, natural disasters or times when utilizing a specific hashtag for those who not all about what you ate for breakfast other communications services are not want to follow the discussion. #SLAtalk or venting about jury duty. You will find accessible. Organizations providing is an example of a hashtag used in a Twit- new ideas, trending information, and alerts, will have an orange bell on their ter Chat for Special Libraries Association. links to relevant articles on just about website. EG. @FEMA, @TravelGov or About once a month they host a chat and any topic of interest. I am constantly @CDCemergency. Clicking on the “Be anyone can participate or just lurk and amazed by the information and ideas I Prepared” link next to the orange bell enjoy the conversation. The hashtag also find through Twitter that I would never will walk you through the process to makes it easy to review the conversation have found anywhere else. activate your account. after the fact in case you missed the real- time discussion. l 10 June 2014 CBA REPORT www.CincyBar.org
tech tip Below are 25 popular legal resources to follow on Twitter to help get you started. You are also welcome to follow me at @Mary- LynnWagner. Happy Tweeting! Top 25 Twitter Legal Resources to Follow: 22 Tweets @22Tweets Bob Ambrogi @Bobambrogi Marilyn Bush LeLeiko Real time Twitter interviews with Legal writer, lawyer and consultant who @LawWriting lawyers who tweet. provides breaking news and interesting Writing skills training & coaching for legal insights. lawyers (CLE), accountants, & other ABA Journal @ABAJournal business people, including paralegals, Continuous news updates from the Corporate Counsel managers & staff. United States most-read and most- @CorpCounsel respected legal affairs magazine and Business magazine and website for in- Ms JD @Msjdtweets website. Dedicated to the success of women in house counsel. law. They provide resources for students Above the Law @Atlblog and professionals. Inside Counsel @InsideCounsel The widely read legal tabloid blog of Business Insights for the Legal @BreakingMedia. National Law Review Professional. @Natlawreveiw The National Law ACC @ACCinhouse Review is a free, on-line resource of legal Justia @Justiacom articles written by leading law firms & The Association of Corporate Counsel Justia works to promote free legal agencies. (ACC) is the world’s largest community information including free case law, of in-house counsel, with more than codes & regulations databases, Twitter Northern KY Bar Assn 33,000 members in 85 countries. directories, etc… @NKYBARASSN The Bar’s mission is to cultivate the AM Law Daily @AmLawDaily Kevin O’Keefe @Kevinokeefe highest standards of professionalism and Source for daily legal business news and CEO and founder of LexBlog. Trying to fellowship among members to provide analysis of leading law firms. improve the lives of lawyers & the people education for attorneys and information we serve. to the public. American Bar @ABAesq The American Bar Association provides LarryBodine @LarryBodine Ohio State Bar Assoc @OSBA resources to assist lawyers and judges, Provides legal news for regular people. The Ohio State Bar Association, founded accredits law schools, and works to in 1880, is a voluntary professional improve the legal system for the public. Law.com @Lawdotcom association open to any person who has The web’s leading legal news and Attorney at Work been admitted to the practice of law. information network for attorneys and @Attnyatwork other legal professionals. Attorney at Work delivers one really Supreme Court @Oyez good idea every day to help enterprising The Oyez Project at Chicago-Kent. Lawyers.com @Lawyerscom lawyers create the career and life they @Lawyerscom is your source for can love. information on #bankruptcy, #divorce, Supreme Court @SCOTUSblog #personalinjury, and all things #law. A private blog about the Supreme Court Bloomberg Law of the U.S. @BloombergLaw Legal Week @LegalWeek The first legal and business intelligence Legal magazine and website providing Wall Street Journal Blog resource to deliver integrated legal news on law firms, lawyers, legal @WSJlawblog research, news and propriety world-class developments, plus blogs, briefings, jobs, Hot cases, emerging trends, and big business data. comments and opinions. personalities in law from The Wall Street Journal. Wagner is the senior information research specialist at American Financial Group. www.CincyBar.org l June 2014 CBA REPORT 11
on second thought Negotiation by Threat By Bea V. Larsen A fter requesting the assurance that ago she’d had prior knowledge that a Or, capitulate to the demand being I would offer him confidentiality, former co-worker, who was also her close made? Would other demands follow? the caller sought advice that in friend, had breached the trade secret Or, try to understand the motivation the moment I could not give. policy of their employer. His ex-wife had for the desperate measures being taken? He told the following story: Four never disclosed to anyone else what he Could the threatened party step back and years earlier, when separated from his now threatened to reveal. Although no with genuine interest question why such wife, he sought solace in the arms of a known harm had come due to his former scare tactics were being used? Explore sympathetic co-worker. But within days wife’s silence, she feared that her earlier compromise? Or would this be sheer they abandoned the brief affair, she not disloyalty would damage her own reputa- folly? wanting to put her marriage at risk. tion and likely imperil her job. In an ideal world, would it not make Later, the caller and his wife recon- Did intimidation of this sort con- sense to become a truth teller and take ciled and during an intimate moment, stitute a crime? Extortion? Or at least back personal power? Is this perhaps he disclosed this the only secure misstep. Now, years later, they were In an ideal world, would it not make sense to ending? Alert the friend who had once again living become a truth teller and take back personal ended the brief apart and had made affair to preserve the decision to power? Is this perhaps the only secure ending? her marriage, tell divorce. Although her of the chance not yet represented of exposure so that by counsel, and apparently interested attempted extortion? I checked: O.R.C. she might decide her own fate and either in mediation, his soon to be ex-wife 2905.11 No person with purpose to obtain maintain the secret, or not. And in the was demanding an excessive financial any valuable thing or valuable benefit . second situation, own up and take the settlement and in doing so threatened, if . . shall expose or threaten to expose any gamble that the employer, when belatedly thwarted, to tell all to the husband of his person’s personal repute . . told of the failed espionage, would under- former co-worker friend. The caller was After some thought, my suggestion stand, might even respect the conflicted in turmoil, imagining painful, perhaps to both persons confronted in this way, loyalty of a still valued employee? irrevocable, consequences. was to consult with legal counsel. Then Each possible course of action carries This left me in a quandary. The issue perhaps a letter sent to each of those dangers difficult to weigh, but taking of extortion, which I deemed this to be, seeking financial gain by intimidation, responsibility for past actions wrests had never arisen before in my media- questioning whether they were aware control from the unprincipled aggressor. tion practice, nor in my earlier litigation of the possible criminal nature of their Even if a high price is paid, would less practice, even when providing criminal proposed actions, would be a sufficient troubled sleep be the reward when the defense. deterrent. balance of power is restored? Then, oddly, within days of this call, Yet, even if these threats were then a professional colleague also sought grudgingly withdrawn, could not this Larsen is a senior mediator at the Center for Resolution advice about a similar concern. During pressure be renewed at any time, perhaps of Disputes. She received the 2007 John P. Kiely a mediation session, an ex-husband who in a more subtle fashion? Professionalism Award and the 2014 Themis Award And if the menace was not with- from the CBA, and also served as CBA president in was seeking to end his long-term support 1986-87. Her weekly commentaries can be viewed at obligation, had issued a challenge to his drawn, then what? Call their bluff? Are www.bealarsen.com. former wife: He knew that some years bullies closet cowards? l 12 June 2014 CBA REPORT www.CincyBar.org
We Salute Our Adjunct Faculty! Edwin R. Acheson, Jr. John C. Greiner Pete Patterson Thomas Allman Patrick J. Hanley Colter Paulson Charles G. Atkins Jeremy A. Hayden Eric M. Robbins Robert A. Behlen, Jr. William D. Hayes Orly R. Rumberg Nicholas E. Bunch Joseph D. Heyd James A. Singler Michael L. Cioffi Laura C. Hils Randy T. Slovin Danielle C. Colliver James A. Hunt Michael P. Speaker Eric K. Combs Hon. Nathaniel R. Jones Thomas L. Stachler Joseph E. Conley, Jr. Scott A. Kane Edward E. Steiner John J. Cruze Javan A. Kline A. J. Stephani Steven C. Davis Lori E. Krafte Hon. Carl J. Stich, Jr. Hon. R. Patrick DeWine Cathleen E. Kuhl Steven F. Stuhlbarg Kevin R. Flynn Clayton L. Kuhnell Sean S. Suder Andrew W. Garth James K.L. Lawrence Hon. J. Howard Sundermann, Jr. Kevin R. Ghassomian James D. Liles Mark A. Vander Laan Pamela King Ginsburg Beth A. Mandel Marilyn Zayas-Davis Steven J. Goldstein James T. O’Reilly Our exceptional Adjunct Faculty is a source of strength and pride for the College of Law. For years, our community’s judges and lawyers have generously contributed their talents, wisdom, and passion to ready students to practice and lead. We salute and thank the Adjunct Faculty who have enriched our academic program during our 2013-2014 academic year.
2014 Annual Meeting 2014 Annual Meeting Attorneys Honored and CBA Leadership Installed The 2014 Annual Meeting Luncheon brought together local attorneys to honor the service and dedication of some of their own and install new CBA leadership at the Hilton Cincinnati Netherland Plaza on Friday, May 9. The afternoon began with remarks from outgoing CBA President Jean Geoppinger McCoy who pass the gavel to John Tafaro, the CBA’s 123rd president. Board members for the 2014-2015 year also took their oath of office before five attorneys were honored for their commitment to the community and their profession. In addition to these photos, other Annual Meetings highlights include a pictorial of the 2014-2015 CBA Board of Trustees, introduction of new board members and profiles on award recipients. Additional photos from the Annual Meeting and other CBA events are available on the CBA’s website and facebook page. l 14 June 2014 CBA REPORT Photos bywww.CincyBar.org MarkBowenMedia.com
2014 Annual Meeting u The 2014-2015 board of trustees takes the oath of office. t Raymond Pater III, Scott Knox, Jean Geoppinger McCoy, Ginny Whitman and Bishop Binzer stop for a photo. u Past CBA presidents join together for a group photo. t The executive committee takes the oath of office. www.CincyBar.org l June 2014 CBA REPORT 15
2014 Annual Meeting p Bea Larsen speaks while accepting the 2014 Themis Award. Larsen is the first person to ever receive both the Trustees’ and Themis Awards, the CBA’s two highest honors. t Kenneth Parker and his family celebrate p Outgoing CBA President Jean Geoppinger his acceptance of the John W. Warrington McCoy passes the gavel to President John P. Tafaro. Community Service Award. t Scott Knox poses with Ginny Whitman as he accepts the Volunteer Lawyer of the Year Award. u Hal Korbee accepts the John P. Kiely Professionalism Award from Jean Geoppinger McCoy. l 16 June 2014 CBA REPORT www.CincyBar.org
2014 Annual Meeting Award Recipient Themis Award Bea Larsen was president of the Cincinnati As a full-time wife and mother, Larsen understood Bar Association in 1986-87. She is a member what working women needed to excel both personally and of the Ohio State Bar Association and served professionally. Her first job upon being admitted to the Bar was on the Ohio Supreme Court Committee on with the Legal Aid Society, and at that time, only the male lawyers Dispute Resolution. She is co-founder of were allowed to actually take a case to court. The two women the Collaborative Law Center, served on the attorneys in the office interviewed clients, and when a case needed Jewish Hospital Board of Trustees, and was to be filed, or an answer presented to the court, office policy the key initiator in the founding of the BLAC- required that the case be turned over to one of the men. How CBA Roundtable. Larsen is also a regular times have changed! But it was experiences like these that inspired Bea V. Larsen contributor to the monthly CBA Report. Larsen. While president of the CBA, she successfully moved many In 1972, Larsen, along with the Honorable more women into leadership roles of various bar committees. Jack Sherman, Jr., opened the first fully staffed public defender The team of Bea Larsen and Bob Rack collaborated again in office. Judge Sherman was director for a couple of years until 2012 and began Beyond Civility, a non-partisan effort to support he left to teach at Chase, and Larsen then became director communication for effective governance. Guided by a steering throughout the remaining 1970s. She refers to this endeavor as committee, which is led by two U.S. District Judges, the Hon. “a grand adventure.” And then, in the late 1980s, Larsen, again Sandra Beckwith and the Hon. Timothy Black, Beyond Civility with Judge Sherman, jointly initiated a program called “Food For hosts communication workshops, as well as public forums Thought.” Lawyers would open their homes to host a series of featuring prominent individuals who hold opposing views. The three dinners, with the same group of black and white attorneys, program has paired such notable individuals as Ken Blackwell and and often their spouses, returning each time to both socialize and Jerry Springer, both former mayors of Cincinnati; Gregg Hartman have facilitated discussions of issues of ever increasing sensitivity. and Todd Portune, both Hamilton County Commissioners; and This program promoted dialogue between black and white Tim Burke and Alex Triantafilou, Hamilton County Democratic lawyers, and many significant friendships were formed as a result. Party Chair and Hamilton County Republican Party Chair, Trained in mediation and negotiation at Harvard Law School, respectively. It is no surprise that the response, from participants Larsen, with co-founder and president Jerry Lawson, established and the public, has been outstanding. The Center for Resolution of Disputes in 1988. At that time, In an attempt to encourage the participation of minorities in mediation was not what it is today; it was new, innovative, and Cincinnati law firms, Larsen was a key initiator in the founding of creative, foreseeing an important path for the future of the the BLAC-CBA Roundtable, enlisting the help of two key people, practice of law. Larsen is currently a senior mediator at the Center Judge Nathaniel Jones and Judge Robert Black, who became the and also served as the first president of its board. Roundtable’s first co-convenors. And now, with the creation of As mentioned above, the Collaborative Law Center was Beyond Civility, Larsen has taken steps to stem the tide of the ugly co-founded by Bea Larsen and Robert Rack, Jr., which morphed social discourse that is heard every day in our political and social into the Cincinnati Academy of Collaborative Professionals arenas, beginning right here at home, in Cincinnati. (CACP). It was in 1997 that Bea heard about a Minneapolis Larsen has been the recipient of many honors and awards, lawyer who wondered what would happen if lawyers focused their including induction into the Ohio Women’s Hall of Fame in 1988, attention on settlement rather than trial. She began exploring the Cincinnati Bar Association Trustees’ Award in 1994, the this idea with a small group of domestic relations attorneys and Ohio State Bar Association Nettie Cronise Lutes Award in 1997, the Cincinnati Collaborative Family Lawyers Practice Group the Cincinnati Bar Foundation Lifetime Achievement in Law was born. The formation of this group was based, in large part, Award in 2005, and the Cincinnati Bar Association John P. Kiely upon the belief that the public wanted more family-focused Professionalism Award in 2007. In 2010 Bea was honored with a divorces, and that attorneys committed to settlement instead of lifetime achievement award by her alma mater, Chase College of trial who shared this belief could make a positive difference in Law. the lives of families experiencing divorce. In 2006, the Cincinnati Collaborative Family Lawyers Group expanded to include trained mental health professionals and financial specialists, resulting in what is now a multi-disciplinary, multi-dimensional group with more than 60 local attorneys participating. www.CincyBar.org l June 2014 CBA REPORT 17
2014 Annual Meeting Award Recipient John W. Warrington Community Service Award This year’s award recipient Kenneth L. As a former president of the Black Lawyers Association of Parker truly embodies the spirit of the John Cincinnati (BLAC), Parker was instrumental in the establish- W. Warrington Community Service Award. ment of the Honorable Jack Sherman Jr. Scholarship. This award Since graduating from Indiana University is provided annually to a minority law student attending Salmon School of Law in 1997, Parker has been P. Chase College of Law who has a desire to practice public inter- continuously engaged in making Greater est law. Cincinnati a better place. The Federal Executive Board of Greater Cincinnati and the While Parker’s community service activi- City of Cincinnati honored Parker with the Federal Service Kenneth L. Parker ties span a multitude of organizations and Excellence Award in 2002. He has also received the Honor- causes, the group closest to Parker’s heart able Nancy H. Rogers Distinguished Law Enforcement Group is Summer Work Experience in Law, Inc. Achievement Award for the Best Overall Investigative Job (SWEL). The organization helps local minority students make Leading to Solution of Crime (2008) and the Hamilton County informed decisions about entering law school and the legal pro- Law Enforcement Appreciation and Achievement Award (2008). fession through an eight week academic curriculum followed by The Cincinnati Enquirer recognized him as one of the 100 Most an internship with state and federal judges, governmental agen- Influential African Americans in Cincinnati in 2008. Parker cies, law firms and corporations. Parker’s devotion to the group received the Black Lawyers Association of Cincinnati Distin- stems from what SWEL has meant to him personally—he is an guished Service Award this past April. alumnus of the program. Parker is an assistant United States attorney with the Office Parker gladly accepted the baton passed by SWEL’s founder of the United States Attorney for the Southern District of Ohio, and one of his mentors, Jim Johnson, in 2008. In his role as serving as chief of the criminal division. In 2011, Parker served president of SWEL, he ensures that student-participants receive as the chief of the Organized Crime Drug Enforcement Task quality and insightful information to guide them to and through Force. A former judicial clerk for the Honorable S. Arthur Spie- law school. Not to rest on his laurels as organizational president, gel of the United States Court District Court for the Southern Parker personally works with the students—formally in the District of Ohio, he has also served as an adjunct professor at the curriculum and informally as a mentor, to teach them what it University of Cincinnati College of Law. takes to become a successful lawyer. He regularly takes them on Parker is honored and most proud to be a husband and father law schools visits that have included local schools and a host of of twins, as well as a graduate of Tuskegee University and the Washington D.C. area schools. Indiana University School of Law. His heroes include his parents, By giving back to the community, Parker’s work today helps Henry and Betty Parker, Charles Hamilton Houston, Esq., A. others fulfill their own potential. His leadership, advocacy and Philip Randolph, Nelson Mandela and Harriet Tubman. He is actions help to make Greater Cincinnati and Northern Kentucky most thankful to God for all his blessings and is grateful that he a safer, more diverse and more prosperous community. can share his blessings with others. Parker’s active community service efforts span numerous groups including positions as secretary of the Greater Cincinnati Behavioral Health Services Board of Directors and as a faculty member of the CBA-NITA Trial Advocacy Institute. He has also served on the Cincinnati Bar Foundation, the CBA Ethics Com- mittee, the CBA-BLAC Round Table, the Board of the Cincinnati Symphony Orchestra and the local Boy Scouts of America Out- reach Advisory Committee, among many other positions. l 18 June 2014 CBA REPORT www.CincyBar.org
2014 Annual Meeting Award Recipients John P. Kiely Professionalism Award Hal Korbee was nominated for this award by early on Korbee told him that, “as attorneys, we are to advocate two of his partners at Wood & Lamping. In zealously for our clients, but never to the detriment of our the letters of nomination, Korbee is described profession.” Hal has a unique ability to connect with jurors. One as, “the epitome of a professional attorney. His of the keys to Korbee’s success is his tremendous attention to professionalism is not surpassed by anyone preparation and delivery. else in the practice. He is at the top level. Hal Korbee has served on the executive committee of Wood Korbee is a civil, level-headed, experienced & Lamping and, later, as managing partner. Now, as of counsel to professional in every aspect of the practice. the firm, he assists his partners and mentors some of the younger Professionalism, civility and ethics are members of the firm. Harold G. Korbee characteristics that Hal Korbee has brought Korbee has been an active member of the Cincinnati Bar forth during his entire career.” Association and various professional associations relative to his Korbee was admitted to practice in 1965 after graduating practice, including the American Board of Trial Advocates. He has from Salmon P. Chase College of Law. Korbee has practiced with served as an arbitrator for the American Arbitration Association Wood & Lamping since 1981. He has a broad base of litigation and as a volunteer mediator for the Hamilton County Court experience in many areas of practice, including personal injury, of Common Pleas. Hal has also served the community and his corporate, labor, real estate, municipal law, and malpractice. church, and he has held public office for the City of Blue Ash as a Korbee has always practiced law with civility towards his member of city council and as vice mayor. Korbee has also been opposing litigators. His philosophy, as stated by his partners, is, a conference speaker and author of various legal publications for “We are brothers and sisters at the Bar, and the golden rule holds the International Foundation of Employee Benefit Plans. without limitation.” Korbee resides in Liberty Township with his wife Carol. They Korbee has always represented his clients in the most ethical have four children and seven grandchildren. and professional manner. One of his partners describes that Volunteer Lawyer of the Year Award The recipient of the 2013 Volunteer Lawyer planning documents. The VLP began the clinics in 2009 with of the Year Award is Scott Knox. Knox is the an initial support grant from the Cincinnati Bar Foundation. sole proprietor of the firm Scott E. Knox, The clinics are a partnership between the VLP, Chase College Attorney at Law. He received a B.S. in biology/ of Law and private practice attorneys who have estate planning chemistry from Rider University and a M.S. expertise and provide hands-on supervision and support to the in environmental health from the University students. Knox was a member of the planning committee which of Cincinnati College of Medicine. After years helped VLP set policies and create template documents, and working in the health field, Knox received his has volunteered every year since for at least one clinic. He also law degree from the University of Cincinnati helps train the new student groups every year. He always makes Scott E. Knox College of Law. himself available to the students for follow-up questions and Scott practices primarily in the areas concerns. of HIV/gay/lesbian issues, social security Knox is someone the VLP can count on to help someone disability, SSI claims, HIV/disability discrimination, asbestos in need when other attorneys are not available. He also related injury litigation (plaintiffs) and probate law. Knox has demonstrates significant commitment and passion for helping argued successfully in front of the Ohio Supreme Court and his clients solve whatever problems they are facing. He once went frequently presents seminars on HIV/AIDS, gay, lesbian and and picked up one of the clinic clients because her car would transgender issues before various groups. not start. Knox is also extremely generous with his time and Knox has been helping VLP clients since 1989 on a variety advice. Even if he is not able to accept a case referral, he often of legal issues. The primary focus of his work is social security includes thoughts and ideas in his response to VLP’s request. benefits and wills and estate planning. One of Knox’s clients said it best, “I am very happy with Mr. Knox has been essential to the launch and on-going success Scott Knox.” So are all of us at the VLP, and we are proud to of the VLP’s Wills and Advance Planning Clinics, which offers honor Scott for his long standing commitment to the VLP and its low-income clients the opportunity to create a will, health clients. care and financial powers of attorney and similar essential life www.CincyBar.org l June 2014 CBA REPORT 19
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