Be Thankful for the Prevalence of Technology in Ohio Courts

It's always the little things you tend to take for granted that you really should be the most thankful for having.  Until recently, I had NO IDEA of how thankful I should be for the way Ohio courts have embraced and incorporated technology.  In the last few weeks, however, I have had substantial exposure to the way things work court technologywise in...  well let's just say, an adjacent State.  I felt like I'd travelled back in time ten years or more and could hardly believe how inefficient it all seemed.   

Among the modern technology I sorta thought EVERYBODY had was internet access to case docket sheets showing pleadings filed in particular cases.  In fact, I sometimes groused because my local trial court's Clerk of Courts website -- unlike those in Cleveland and other areas of the state -- would ONLY allow me to see the name of the pleading and the date filed and might be a few days behind to boot.  All federal courts (with a password) and many trial and appellate courts in Ohio also allow you to download from their Clerk of Court websites -  immediately and for free  (or at least at nominal cost) -- copies of the actual pleadings filed.  And, in some Ohio courts I can even electronically file pleadings right from my computer.    

Well, no, apparently that's not so normal in at least some other States.  In this particular State bordering Ohio, some of the trial courts don't even have a website at all and one heckuva lot have NO internet access to docket sheets.  Is this a big deal?  Well it is if you're used to being able to answer your own questions quickly about service and what's been happening in a case with which you're not familiar, but now need to jump in as a pinch hitter. 

Suddenly, I'm back to the time where I'd have to write a note to my secretary giving her the case number and party info, getting her to call the court and perhaps beg for information and/or documents BEFORE we sent them a search or copy fee, and if not successful, waiting hours, days, or weeks for information I need as a lawyer before I can decide what should be done next.  And of course, if it's a few days or weeks later that the information finally comes in, now I have to refresh my memory about what the issue in the case was that made me ask for the information in the first place.  Obviously, the additional time and effort now saved with implementation of modern technology is substantial.  And it's only when that sort of access isn't available instantly that you truly appreciate the impact of technology on your practice of law.

Ohio has benefited from a substantial emphasis on the importance of courts implementing technology.  When the Ohio Supreme Court  first began surveying courts in 1989 about whether any technology was available and being used, less than two thirds of the courts even bothered to respond to the survey.  In 1993, Chief Justice Thomas J. Moyer created a program of direct technical assistance to trial and appellate courts in Ohio to support various initiatives and implementation programs. 

As the bi-annual survey of technology use in Ohio courts continued, there has been a 100% participation response rate since 1996. Since 2002, all Ohio Clerks of Court have automated records and approximately 85% (and I would add from personal experence all major population centers) have websites of their own allowing some sort of access to case dockets.

For more detailed information on the progress and scope of the implmentation and integration of technology in Ohio courts, take a look at some of the bi-annual surveys:

There's also this interesting 2003 speech by the Chief Justice.

Technology has interjected itself slowly into the way I practice law and I haven't  always initially been happy about changes it brought (I was orginally very NOT excited about electronic case filing aka ECF when that first came out - don't know how I managed without it now).   But it seems to have worked out well in the end an I'm not going back. 

Now I realize this isn't like world peace or anything, but in my day to day work life it matters.  Personally, I have now sworn to never ever complain about my access to Ohio court records again.

A Brief Interlude of Amusement

Mostly because I feel like it and this is MY blog, today's post has nothing more than a selection of links to stuff I found today (after working hours, of course) that sorta cheered me up and which I thought might amuse others as well.  

Lately I've been a bit grumpy and a tad more depressed than usual, perhaps in part due to my capitulation to the realization that we really are entering the long Winter months I despise so much.  And work has recently been both busier/wearing and less intrinsically fascinating  - a decidedly bad combination - so it's time for some attitude adjustmentCome along for the ride!

Personal Update

I quite unintentionally took a Summer holiday from this blog because I have been absolutely BURIED with client matters.  I suppose that Summer is the time for holidays and vacation anyway.  And just when the work hit, my Capital University Business Law class started up and there just wasn't time for both the blog and the class.  Then there were seminar materials needing to be prepared for presentations in September and October on LLCs and on Bankruptcy and Creditors' Rights which I apparently agreed to do at a weak moment.  And  we've had such nice and comfortable weather that golf has beckoned even more than usual.   

But I'm back now.

Tags:

Silly Side of Law Prempted

Silly Side of Law is prempted this month by the Chrysler and GM doings..

Tags:

Ohio Business Blogs

A while back I blogged about blogs focused on Ohio law or written by Ohip-based attorneys.   Today, I am presenting a roster of blogs focused on business which might be of interest to those in business, whether as an executive or advisor.  While I've listed a few "national" blogs, I again wanted to focus on those authored by Ohio bloggers or focused on business in Ohio. 

  • Columbus Tech Life is a multi-author blog which sees its "mission" as "creat[ing] dynamic connections between individuals and companies, ultimately establishing strong coalitions that build awareness and grow our technology economy."  Very frequent posting about a variety of topics, from news to profiles to substantive topics. 
  • Ideas to Deals is written by Mike Bowers, Regional Director of the Ohio Small Business Development Center and, according to its tagline, wants to be "Where Ideas, Entreprenuers, and Deals Intersect".  Posts once or twice a month generally.
  • Ohio Tech Blog's tagline is: "The New Economy in the Heart of It All" and is written by Lou Yuhasv.  It is "committed to providing the best information and resources for technology start-ups throughout the Buckeye State."   Seems to be an aggregator of other blogs. 
  •  NEO Biz Blog is written by Joel Libava and describes itself as "Northeast Ohio Business-related News and Views Delivered to Your Monitor by a Northeast Ohio Small Business Owner."  Frequent posts about news items of interest to the business community. 
  • OBDC Blog sees itself as "a chance for Ohio executives to share their perspectives on how locating in Ohio has enabled them to achieve both their professional and personal aspirations withut having to sacrifice one for the other."   Several posts a month on topics of interest to business community. 
  •  The Franchise King Blog authored by Joel Libava promises "Franchise Information, Franchise Trends, Tips, Traps, and  Truths, Tirelessly Delivered to the Kingdom"  This better of Joel's two blogs has frequent posts about all aspects of franchise ownership in an easy to read and understand style. 
  •  Small Business Trends edited by Anita Campbell and featuring lots of guest bloggers   Daily very high quality posts about a vairety of sustantive topics facing busines owners. 
  • Maag Business Blog is put out by Youngstown Sate Univeristy's Maag Library and presents various resoruces available for businesses. 
  • Dealbook is the New York Times blog devoted to business and is edited by Adrew Ross Sorkin.  Always interesting timely posts. 
  •  Independent Street is one of the many blogs available from the Wall Street Journal for free.  This one focuse on "news, trends, tidbits and tools for and about entrprenuers". 
  • Next Level Success written by Mike Diercks says it is "Where Next level ideas come together with Next Level action!" and focuses o business concepts.

 If there are others I have missed, I apologize in advance.

The Silly Side of Law - Inaugural Edition

In honor of April Fool's Day, I am introducing a new monthly feature I'm calling the "Silly Side of Law".  Look for it on the first day of each month. 

Especially with all the doom and gloom swirling around us these days, I figure it can't hurt any of us to take a little time to find and enjoy the lighter side of this thing we call Law.  Sometimes crazy things happen in the law, sometimes the folks embroiled in a legal dispute do crazy things, and sometimes  the lawyers themselves are good for a few laughs.

  • From a fellow University of Michigan alumnus David Mills (click here for the background story) comes Courtoons, which I found LOL HILARIOUS.  Every business day (M-F), David puts up a new law-related cartoon. 
  • For those of you who missed it last Fall, here is the Hurricane Ike apology letter from Jeff Murphey to Dale Markland regarding cancellation of depositions.  And in the interests of fairness,  Mr. Markland's viewpoint about it all.

That's it for this time.

As American as Baseball and Apple Pie - Baseball's Antirust Exemption

In  a little more than FOUR short (well really, probably long) weeks the Columbus Clippers, the local AAA baseball team, will begin their new affiliation with the Cleveland Indians in their BRAND NEW Huntington Park  stadium!!  And I have season tickets!!  As longtime readers of this blog know, when Spring at long last begins to make its presence known or at least whispers LOUDLY that it really is on the way, I rejoice because

  • I HATE WINTER!!!
  • It means that I can once again ignore my complete lack of athletic ability and strive to break 100 in my golf game while thoroughly enjoying the attendant socializing with my foursome companions along the way
  • Baseball's BACK, well almost - hey Spring training is underway, anyway

So today I thought I'd post about that quintessentially All-American game - BASEBALL - and how it rates an exemption from federal antitrust laws when other professional sports do not.  Lest you doubt baseball's unique place in America, I offer you this recent post by Andy Kessler about why Mark Cuban's explanation of why he wasn't a finalist for the purchase of my beloved Cubbies illustrates what is truly wrong with the American economy today.

Antitrust laws are designed to encourage competition and prevent a business or select few businesses from monopolizing a particular market.  The idea is that this will result in lower prices for consumers and result in overall better quality products being brought to the marketplace.

Baseball's exemption from antitrust laws can really only be explained as a historical accident that no one has the motivation to change. For anyone wanting to really delve into Baseball's special place in American law, I recommend Mitchell Nathanson's lengthy but informative article entitled The Sovereign Nation of Baseball: Why Federal Law Does Not Apply to 'America's Game' and How It Got That Way, which will be forthcoming in the Villanova Sports and Entertainment Law Journal.  As explained in the abstract of his article, his thesis is:

Although its antitrust exemption is well-known, [Major League baseball] MLB has, in practice, not been subject to the forces of federal law in many other contexts as well, setting it apart from most other corporations and organizations - even other professional sports leagues such as the NFL, NHL. and NBA.  As a result of the wide berth provided to MLB by the federal courts and legislature, MLB has been free to govern itself pursuant to its own definition of what is in "the best interest of baseball" - denying its players even the most basic and fundamental due process rights, arbitrarily punishing those it has labelled "rogue" owners, and willfully violating federal law that has applied to it for decades in theory but not in practice, in the process.  From its inception in 1876 to the present, MLB has been, in effect, an extra judicial entity, a society unto itself, answerable to no one in all but the most extreme circumstances. 

From the beginning, courts have view baseball as a "special" situation and treated it differently.   Click here for a historical perspective of the beginnings of baseball's  antitrust exemption which began with the case of Fed. Baseball Club of Baltimore, Inc. v. Nat'l League of Professional Baseball Clubs, 259 U.S. 200 (1922).  In this case, the Court chose not to view baseball as a business at all.  Time and again since, the U.S. Supreme Court has passed the buck to the United States Congress, saying that if there is to be any change in baseball's "special status", it must come from the legislative branch of government... which has steadfastly refused to act.  See Toolson   v. New York  Yankees, 346 U.S. 356 (1950); Flood v. Kuhn (1972).  It has explained:

‘Baseball has been the national pastime for over one hundred years and enjoys a unique place in our American heritage. Major league professional baseball is avidly followed by millions of fans, looked upon with fervor and pride and provides a special source of inspiration and competitive team spirit especially for the young.
 
 
Baseball's status in the life of the nation is so pervasive that it would not strain credulity to say the Court can take judicial notice that baseball is everybody's business. To put it mildly and with restraint, it would be unfortunate indeed if a fine sport and profession, which brings surcease from daily travail and an escape from the ordinary to most inhabitants of this land, were to suffer in the least because of undue concentration by any one or any group on commercial and profit considerations. The game is on higher ground; it behooves every one to keep it there.

For another summary of the interplay between baseball and federal antirust law,click here.

What would happen if we all stopped pretending ythat baseball is somehow "different"?    A post on Baseball Prospectus blog argues that the most important change would be greater mobility of teams.

For my part, I actually do think baseball is special in the sense that no other game so clearly reflects the American culture.  Baseball, like many other games, emphsizes teamwork, especially when it comes to fielding the ball.  However, it also emphasizes the importance of the individual by requiring every player (except the pitcher in that American League abomination of  Designated Hitter) to face the pitcher alone.  To me, that combination of the importance of team and individual is uniquely American.  Does that make baseball special enough to deserve an exemption from antitrust laws?  No, but we are where we are and somehow imposing antitrust law on baseball, however logical that probably is, would be an admission of a failure of some kind.

UPDATE;  This Courtoon explains it all

PREVIOUS POSTS ABOUT BASEBALL AND THE LAW ON THIS BLOG:

Spring Has Sprung - Baseball's Back!!!! Watch for Zooming Balls discusses the "assumption of risk" of possibly being hit by a foul ball or broken bat entailed just by entering the stadium.

Cubs Cursed by the "Business Judgment Rule"?  tells the story of how the "business judgment rule" delayed installation of lights at Wrigley Field and asks if this is the REAL Cubbie curse. 

Exploring the Ohio Blawgosphere Neighborhood

Now that I'm well into YEAR TWO of this legal blogging thing, I thought it might be fun to take stock of the neighbors.  So today I am presenting what I think is a relatively comprehensive list of Ohio-based legal blogs, together with the date they started publishing and a few comments of my own.  My apologies in advance for leaving anyone out or getting start dates wrong. 

My criteria was basically legal blogs focused on Ohio law or authored by Ohio based attorneys.  I took a little stab at this several months ago in my My Favorite Ohio-Based Legal Blogs post, but this time I really looked around to be as inclusive as possible..

The oldest blog still going that I could find isn't even five years old, although there were a few blogs that I couldn't quite tell when they first began.   With the others, I relied upon whatever the earliest post in the archives seemed to be.  What's even more interesting, however, is the explosion in the number of Ohio-based legal blogs which started publishing last year. 

When it comes to law firms embracing blogs, Frost Brown Todd is the clear leader with four separate blogs.  Unfortunately, since all of the blogs are located on a subpage of Frost Brown Todd's website, casual access to the blogs and their content via search engines and otherwise is not as easy as it should be given the quality of the posts which all of the blogs boast.

BEST OHIO-BASED LEGAL BLOGS.  Some blogs just catch your fancy more than others.  For me, it's a combination of quality writing, interesting and helpful content, unique/intriguing perspectives, and generous links to other resources if I want to know more about the subject.  Some of the blogs listed below were fairly hard to find so I'm not intimately familiar with all the blogs on the list; however, I did at least try to get some sort of feel for each of these blogs once I found them. 

I don't pretend that I went through any scientific process to determine this, but  from my perspective as a semi-established Ohio law blogger, here are my picks (excluding myself, of course) for the 

BEST THREE OHIO-BASED LEGAL BLOGS 

Honorable Mention goes to:

AND NOW THE ROSTER >>>>

Since this is, after all, the Ohio Practical BUSINESS Law blog, let's start with blogs focused on business/corporate law:

 

BUSINESS/CORPORATE

  • The D & O Diary - Kevin LaCroix, Oakbridge Insurance Services -May 2006 >>> Bills itself as "a periodic journal containing items of interest from the world of directors and officers liability, with occasional commentary".  Very detailed and well written posts from the perspective of someone interested in minimizing management liability.
  • Corporate Governance Blog - Bricker & Eckler - NA >>> Offers "counsel for Boards and Executives" in generally short nonbylined to-the-point posts on timely issues.
  • Business Law Prof Blog - Dan Oesterle, editor, The Ohio State University - May 2005 >>> "A member of the Law Professor Blogs network".  Frequent posts on business news items
  • Banking L@w Blog  - Frost Brown Todd - NA >>> Provides the "latest information on banking litigation and dispute resolution",
  •  Ohio.Merger.Blawg - Jim RenchStark & Knoll - November 2006 >>> Describes itself as "a blog on recent and topical developments in corporate transactions law."  Features commentary on news and events in business.
  • Global Law - Frost Brown Todd - NA  >>> "Resource for business leaders within the international commerce industry". 
  • Small Business Trends  - Anita Campbell - October 2003 >>>  This one really isn't technically a legal blog at all, but it does frequently cover business law topics and is edited by Ohio-based lawyer so I'm including it anyway.  Always informative posts on a variety of issues facing smaller privately held businesses. 
  • Ohio Practical Business Law - Teri Rasmussen, Plunkett Cooney - October 2007 >>> Offers "practical guidance for making legaly informed business decisions".

 

LAW LIBRARY BLOGS

  • Cleveland Law Library Weblog - Sue Altmeyer (?) - March 2005 >>> "Our goal is to inform local attorneys of major legal developments important to their practice".  Very short -- but extremely informative -- posts, often concerning topics of interest and importance to the practice of law in Ohio.  Very newsy.  I frequently visit just to catch up on developments which may have otherwise slipped under my radar or to get ideas for posts.  GREAT links to other sources with more information about the topic being discussed.
  • Cincinnati Law Library Blog - Chuck Kallendorf - July 2004 >>> Similar to the Cleveland Law Library Weblog, but less frequent posting.
  • Moritz Legal Information Blog - Matt Steinke - January 2006 >>> Providing " "legal information and research resources brought to you by the Michael E. Moritz law Library at The Ohio State University".  Very short posts with limited frrequency

 

LABOR AND EMPLOYMENT

  • Ohio Employer's Law Blog - Jon Hyman, Kohrman, Jackson & Kranitz - May 2007 >>> Promises "practical employment law information for business in ohio and beyond"  and delivers.  Generally short pithy posts on practical matters employers definitely need to know.  Its WIRTW (aka What I'm Reading this Week" segment is a useful round-up of other blog posts in the area of labor and employment.
  • Employer's Law Report - Porter, Wright, Morris & Arthur - December 2007 >>> Presents posts "reporting on recent legal developments and trends affecting employers."  Personally  i like the "Employment Outtakes"category which feature sometimes humorous situations which would probably have gone better had an employment lawyer been consulted. 
  • HR Source Legal Source - Tod Morrow, Hans Nilges, and Susan Chae, Buckingham, Doolittle & Burroughs, LLP - NA >>> Featuring posts regarding "labor and employment law for hyman resources professionals".  
  • The Ohio Labor Lawyers - Matthew Austin, Mason Law Firm - December 2008 >>> Promises that "we change the way you deal with unions" and posts from the perspective of management.   Features "What If Wednesdays" weekly posts about what to do "if certain things in the world of labor happen to you." 
  • The Ohio Employment Lawyers - Aaron Tulecik, Mason Law Firm - December 2008  >>> Promises that "we solve your workplace issues"  Posts on employment  law news from perspective of management.
  • Employer Notes - Frost Brown Todd -- NA  >>> Provides the "latest information regarding employers".

 

REAL ESTATE

  •  Ohio Real Estate Blog - Kohrman, Jackson & Kranitz - April 2008 >>> Useful posts by various firm attorneys on a wide variety of real estate law topics
  •  Real Estate Advisor Law Blog - Brian Kaplan, Ulmer & Berne - December 2008 >>>  Describes its purpose as "disseminat[ing] pertinent information in a timely manner relating to real estate, construction, financing, environmental and related matters... [and designed] to identify trends and opportunities that our clients and contacts deem important for their businesses." 

 

CONSTRUCTION

  • Construction Law News - Frost Brown Todd - NA >>> Bills itself as "a resource for construction industry professionals".
  • Build on This - Rana Gorzeck, Buckingham, Doolittle & Burroughs - (March 2005 - August 2008, now apparently defunct) >>> Presenting "current news, information and events affecting the real estate construction and land use industry and its professsionalism"

 

ESTATE PLANNING

  • The Ohio Trust & Estate Blog,- Michael D. Bonesera, Dinsmore & Shohl, LLP - NA >>> Helpful, relatively short posts concerniing trusts and estate planning issues 
  • Ohio Estate Planning, Trust & Probate Law - Bradley Wrightsel, Wrightsel & Wrightsel - 2008 >> Describes itself as "a law blog (BLAWG) for professionals and the general public in ohio regarding estate plannig, trust, and probate law."

 

  CRIMINAL LAW

  • The Briefcase - Russ Bensing - May 2006 >>> Describes itself as "commentary and analysis of Ohio law".  This remains one of my favorite blogs to look in on periodically even though the subject matter isn't one with much relvance to my practice areas.  I enjoy Russ's wit and storytelling ability as he posts about various adventures as a criminal lawyer.  And his Ohio appellate case summaries are useful too.  
  • Sixth Circuit Blog - Federal Defenders of the Sixth Circuit - April 2005  >>> Providing "case summaries and commentary by federal defenders of the Sixth Circuit"   

 

MISCELLANEOUS

  • Consumer Rights Law Blog - Ron Burdge - 2005 >>> Addresses "motor vehicle lemon law, consumer protection law, auto industry news, notes, issues and updates".   Very attractive layout featuring  posts of interest to consumers.
  • Ohio Family Law Blog - Robert Mues, Holzfaster, Cecil, McKnight & Mues, LPA - December 2007 >>> Offering "family law and divorce information for Ohio families seeking solutions".  Frequent guest contributors.  Helpful, very accessible, posts focusing on important issues in this area.   
  • Tsibouris & Associates Law Blog - Dino Tsibouris and Mehmet Munur, Tsibouris & Associates - January 2005 >>>  interesting posts on a variety of subjects, but with special emphasis on technology law, privacy and security law and issues involving financial services.
  •  The Alternative Fee Lawyer - Michael Grodhaus, Waite, Schneider, Bayless & Chesley - January 2008 >>> Featuring "an Ohio business lawyer's reflections on alternatives to the billable hour in setting legal fees for business clients".  Insightful, if somewhat sporadic, posts on an extremely timely and important  topic . This is a blog that I would really like to hear more from.
  • Ohio Environmental Law Blog - Joseph Koncelik, Frantz Ward, LLP - June 2008 >>> Presenting "insight and commentary for the business and legal community" regarding environmental law. 
  • Juvan's Health Law Update - Jayne Juvan, Benesch, Friedlander, Coplan & Aronoff, LLP - September 2006 >>> Presents posts "at the intersection of health care and private equity".
  • Ohio Law Blog - Morrison & Nicholson, LLC - December 2007 (very sporadic posting, primarily in December and January)
  • Sixth Circuit Blog - Eric Zagrams - last post in November 2008, rather sporadic before then  >>> Says that it is "devoted to appellate law and practice within the Sixth Circuit and constituent States." 

Legal Blogging - What Use/Good Is It Anyway?

A post last week by Mark Herrmann at the Drug and Device Law Blog about "Blogging as a Business Development Tool" got me to thinking about why I started my legal blog and, more than a year later, why I’ve continued to post.  Mark's post  concludes "[o]n the whole, then, we'd say that blogging has not been a tremendously successful business development tool."   On the whole, I'd probably have to agree with Mark, reluctantly, at least from the tangible direct measurement perspective.  But I still blog on, as does Mark, anyway.  WHY??    

Mark's post addresses the burning question all, or at least most, legal bloggers think about, at least from time to time: why am I spending all this time doing a blog and what am I accomplishing by continuing?  Importantly, Mark's answer ultimately is:

Not to worry.  We write this blog for many reasons other than business development [like what, Mark? - write a post on WHY you DO write  - OK, so you did sorta - at least part of what you get out of it, but in the end, WHY REALLY do you keep blogging?]; our lack of results on the business development front won't cause us to close up shop.  Exhaustion may, but lack of business won't.    

When I started my legal blog, I think I WAS looking for an effective business development activity which (1) exploited what I thought were some of my best skills and (2) I could enjoy doing.  I never thought it would be the “magic pill”  that would mean I would never want for clients again.  But I do have to admit that I DID think it would have a more quantifiable result this far in to the adventure.  Nevertheless, I have every intention of continuing, in part because of some unexpected benefits I have found flow from blogging and in part because I genuinely just like doing it (i.e. same reason I play golf or go to the movies).

Quantifiable Direct ROI. 

Has blogging brought me more clients?  Well, definitely not directly that I know of --  yet. [SO, for any prospective clients out there, please, please DO reference this blog when you call to retain me just so I know it actually did make a difference.]  I wish the answer was more positive, but I’ve come to accept that this was probably always too much to expect - yet

I agree with many of those who commented on Mark’s post that corporate clients such as the banks and even medium sized privately held businesses which are my primary clients just don’t choose their counsel based on what those individuals and law firms have on the web – yet.  In part, that’s probably because the most important decision-makers are at least as old as I am (turning 50 this year) or are in the same neighborhood. 

While proud to have accommodated themselves, and adapted, to technology along their professional path of advancement, they (well, we, since I must include myself) still see the internet and what it has to offer as a secondary resource – it wasn’t around when all of us first learned how to find what we needed.  Although we appreciate (and even use, perhaps even rather proficiently) its presence and availability, deep down, I’m not sure we really trust ityet - for those “bet the company” times. 

But we are changing in spite of ourselves and every year, more and more decision-makers are those who, by birth age or conversion, see the internet as a primary tool for obtaining information about ALL important business and professional issues.  So, eventually, legal blogs WILL be a way of differentiating between available counsel who otherwise all seem alike. (And, the cynical me believes that soon after that happens, there will become a new occupation of professional legal blog writer to pen entries for those not otherwise up to (or willing to spend the time on) the task of demonstrating their legal prowess.)

The only question is WHEN that  WILL happen.  I believe it will be sooner rather than later.  What I and other legal bloggers still clinging to the business development potential of legal blogs are ultimately counting on (I think) is that the speed of change will continue to accelerate and that we will ultimately benefit by getting in early.  At some point - if not already - having a blog will be as important to attracting clients as having a website, as having a business card, as having print collateral marketing materials, as going to service organizations or some other networking organization.  When that happens, we hope it matters that we were there first. 

Here and Now. 

All right, SO back to the here and now. No direct ROI on this business development activity.  Why continue?  At least for me, most posts do take more than a few minutes to do and I could certainly find something else to do with the not insignificant  amount of time I'm spending on the blog.

At this point, I would like to ask any clients or prospective clients lurking out there to weigh in on what, if anything they get out of this or any other legal blog, and what, if any difference, it makes to them whether their lawyer blogs.  I like to think this matters to you (see my post from almost a year ago about "Why Every Client Should Want  Client Who Blawgs"), but does it????  I like to think you’d rather have a lawyer who spends time doing this sort of thing, but does it????

Intangible Benefits.   Let’s assume for the moment that the most severe critics are correct – there is absolutely no benefit to be gained business development-wise from legal blogging.  Even if that’s true – which I’m not convinced it is – I think I would still continue legal blogging.  Why?  Because of some unanticipated consequences flowing from the mere act of legal blogging.

Here’s some valuable things I’ve gotten, really rather directly, from the fact I’ve devoted time to legal blogging over the last 15 months that I never really expected, or for that matter, even knew were possible outcomes:

  • Tech Savvy.  I have become SOOO much more tech savvy about what the internet can offer to me substantively.  When I started my blog, I didn’t even know what an RSS feed was, had never heard of Google Reader or any other news aggregator, had no idea what the heck Google Notebook was and how useful it could be, had barely been introduced to LinkedIn, and certainly didn’t know anything about Twitter (which I still haven’t quite figured out what to do with yet).  Now I know what all of these are and have found ways for them to be useful to me in ways I had no idea were even possible. Mainly what happened is that the blog helped me understand exactly why I would want to know anything about these - I needed them for, or because of, the blog and then found out they were also extremely useful in the rest of my life
  •  New Connections.   The blogosphere IS another distinct networking community. There are now people who I feel I know through reading their blogs that I would otherwise probably have never met.  In addition to that just being plain “neat”/”cool”/ [insert your slang word here], I actually do think that if I ever do have an appropriate referral, these ARE the folks to whom I will definitely send the work.  And I hope that at least some of the other legal bloggers out there feel the same about me.  How often will that be?  I have no idea, but if part of getting work is a numbers game, having people who would not otherwise know of one's existence certainly can't hurt.
  • Exposure to New Thoughts.  My new found tech savvy and connections have also allowed me to learn and be exposed to all sorts of ideas and facts I really don’t think would have come to me without doing the blog, at least in part because I really had no idea these facts and ideas even existed. I wasn’t looking for them – with the blog, they came to me effortlessly and unbidden.  And that really has been exciting.  
  • Research Files.  Over time, I’m developing my own library of information about issues important to my practice which is a whole lot more searchable and useful than those file folders occuppying a whole two-drawer lateral filing cabinet in my office. Already I have found myself looking for things that I’ve written a blog post on to answer a current question.  Having searchable succinct research files is definitely a plus.

Tangible Consequences.  In addition to these intangible benefits (which when combined with my sheer enjoyment of writing and learning which is quintessentially the blog at its innermost essence, would probably be enough for me), I DO think that – when properly measured and compared against other business development activities – there is a tangible, if perhaps immeasurable value to legal blogging as a business development activity.  Like pretty much every other attorney in America, I do my fair share of speaking at CLE (continuing legal education for the nonlawyers out there), trade and civic organizations, and other venues; writing articles for traditional press, taking clients out for lunch or to sporting events, attending networking events, participating as a member of nonprofit Boards of Directors, sending client updates and personal notes, client golf, and all the rest of what has come to be viewed by the legal profession as the promised path to attracting clients.  I’m better at some of it and worse at other parts.  The point is that blogging is just one more activity to add to the repertoire.

Different business development activities work differently for different lawyers.  The trick has always been to figure out what works best for you and do more of that and less of the rest.  None of these activities is likely to have results in isolation or without a certain level of commitment (and perhaps talent) by the attorney involved.  I could attend a year of Rotary meetings, but if all I ever do is arrive (perhaps late), eat, and leave, I won’t get any work out of that business development activity either.  Usually it’s a mixture of all of this and no one really understands what it is that really works. 

I think the jury is still out about where legal blogging fits in all this.  I know that I have felt that it helped me create important bonds with new clients faster than I felt I otherwise might have been able to establish and that is certainly helpful, both for them and for me; being able to send a client a link to a blog entry I’d done on the question they just asked me seems well received.   Blogging has also helped me feel more confident in speaking about topics I may have recently posted about, which is certainly a useful thing.  And at some level, I carry the torch that every little differential helps….     

True Worth of Legal Blogging.

SOOOO… where does that leave the cost/benefit analysis of legal blogging? On the purely quantifiable dollars and cents, numbers, direct ROI, the blog has been a dead bang loser - so far - especially when you figure in the out-of-pocket cost of the fees I have elected to pay LexBlog out of my own pocket after the first six months of doing the blog on Wordpress.  Yet, I still feel committed to continue blogging.  Why?

For me, legal blogging emphasizes my talents and is a good fit with my other more traditional business development activities.  I think I still have a great deal to learn about how to make legal blogging integrate with, and leverage, those other activities – and this is where I ultimately hope to make the most use of my legal blog in 2009.  [Help, anyone?]  My goal is to be able to legitimately say that legal blogging is a significant contributor to my worth as an originator of new work at my law firm.  To do that, I'm going to have to really COMMIT to finding ways to make it matter more.  We’ll see how this goes…

Bottomline, though, I just LIKE doing the blog.  I’ve always liked to write and I always like to learn and think about new things.  It’s just PLAIN FUN to do it in a way where you can share that experience with others in what is really a very risk-free environment.  I  hope other folks get something out of it all, but even if they don’t, I’m still having fun doing it.  And as long as that’s true, I’ll probably keep finding the time to keep doing it, whether (or not) I can find ROI ……

 

Breaking Radio Silence - My Move to Plunkett Cooney

It's been more than a month since the last time I posted - the longest I've gone  since I started the blog just over a year ago.  I even managed to miss doing the traditional "my blog is a year old" celebration!  About three weeks ago, I changed law firm affiliations and the logistics of getting everything moved and squared away has been about all I could productively handle. 

My new law firm is Plunkett Cooney, a  much larger law firm than Lane, Alton & Horst, and is based in Michigan.   It has approximately 150 attorneys in offices in Columbus, Ohio (where I'll remain), in Indianapolis, Indiana, as well as in several offices across Michigan.  Plunkett Cooney's tagline, garnered I'm told from a survey of clients' perceptions of the law firm, is DETERMINED.... DISTINCTIVE.... FEARLESS and its attorneys strive to deliver a fearlessly determined team of distinctive legal advisors personally committed to achieving the right results desired by each particular client from the boardroom to the courtroom. 

For me, the move offers an opportunity to have more "bench strength" in  practice areas related to mine such as real estate (in which the Columbus office is particularly strong), as well as to return to doing more work with troubled loans for creditors as I did in the earlier days of my practice.  In addition, because the Columbus office is a smaller branch office with only seven attorneys, it allows me to work in the smaller office environment I like while not missing out on the sort of sophisticated substantive practice I most enjoy which is all too often only really available in larger firms.  Locationwise, all I did was move my office from the south side of downtown Columbus to the east side of downtown Columbus.

My intent for the blog is to continue writing about topics in business and commercial law.  However, I'm sure there will probably be more topics related to bankruptcy, insolvency and workouts as those practice areas occupy more of my time.  With the way the economy seems to be going, maybe that's just as well.

As far as my law practice, I will continue to represent privately held businesses and their owners in the Central Ohio area with respect to issues involving business, commercial, corporate, or real estate law.  However, especially in the immediate future, I will also be focusing more on representing the interests of lenders and other creditors in commercial foreclosures, workouts and Chapter 11 bankruptcies.  

And now, I hope to get back to blogging on a regular basis....

Competing in a Global World - A "New" Sense of "Placeness"

Growing up as a university brat I've never really felt like I've ever really been "from" anywhere except perhaps the "Midwest".  Which is probably why I found myself so taken with a column by Peggy Noonan which recently appeared in the on-line version of the Wall Street Journal entitled "The End of Placeness" in which Peggy waxes nostalgic for a earlier iconic time when all of us really did have a "home town" that was an instrumental force in making us who we became.

Peggy's thesis is that, in a departure from past politicians, neither Obama nor McCain exudes any "strong sense of place in the sense American politicians almost always have, since Mr. Jefferson of Virginia and Abe Lincoln of Illinois, and FDR of New York, and JFK of Massachusetts."  And she says she misses that because it makes the candidates seem "disjointed" , less distinct, and perhaps less easily understood.  At the same time, however, she also somewhat contradictorily suggests that this same lack of placeness she laments might have the positive consequence of lessening any pork-barrel spending tendencies.

She goes on to observe - quite correctly in my view -- that both Obama and McCain "are not from a place, but from an experience."  Obama is, she says, from "Young... from the town of Smooth in the State of Well Educated" while McCain is from "Military... from Vietnam Township in the Sunbelt State."  I would also argue that the unusual VP picks of each candidate in choosing not someone from a "swing state", but rather based on their experience and/or personal characteristics,  further supports this conclusion.  However, the point Ms. Noonan seems to miss is that American politics is just finally catching up to where we've all arrived a while ago.

Americans have always been more interested in your job than where you're from.  It's the first question you ask someone you've just met: "What line of work are you in?"  I've been told that Europeans in contrast want to know first about where you and your family are from. 

Perhaps it's just part of heritage.  We were settled by people who had so little tie to the Old World that they were willing to pack up and take a lengthy and sometimes dangerous ocean voyage to a new place they'd never even seen, knowing that they probably would never see anyone they left behind again.  Once here, we kept moving West to seek new opportunities or to start over once again.  When you think about it this way, it's really no wonder that we care more about what work you're doing now than where you've been.

Technology has just accelerated this tendency.  The "end of placeness" in the geographic sense is already quickly disappearing, if indeed it has not already entirely departed, from the business world. 

Today, it is relatively common for geographically disbursed employees of a single company  - and not just big multinational companies - to work together on projects.  Someone in Ohio barely gives it a second thought that their "team" at work consists of folks in Denver, or NYC, or Seattle, and perhaps abroad as well.  Through the magic of e-mail, shared computer files and networks, and conference calls (both video and the old fashioned basic telephone call), we've grown very accustomed to -- and perhaps, have even grown to value -- working across geographic  space and time.

Personally, I'm more than O.K. with the "end of placeness", whether in politics or business.  For better or worse, it's a "global" world out there and we can't afford, as a nation or individually, not to participate fully. 

The "end of placeness" also puts more emphasis on skills and "what's inside" someone -- when you first grow to know a person over web communication, its difficult to react to personal characteristics the way we sometimes do.  In this way, perhaps race and gender discrimination will lessen.

And for people like me who've moved around a lot, it makes a lot more sense.  I'm not from Wisconsin (where I was born), Tucson (where I spent my toddler years), Nashville (where I sent my childhood and preteen years), Iowa (where i went to high school and college), or Michigan (where I went to law school).  And although I've now lived longer in Ohio than anywhere else in life by a long shot, because it didn't start until after I graduated from law school, I'm not really from here either.  I am from Academia in Suburban Middle Class much more than I'm from any of these geographic locations.

In reality, all we've really done is redefine what "placeness" is.  Placeness can be about whether you're internet savvy or not, how much you care about and take action to advance being "green", how your job makes you think, or any number of other things.  All of these are in fact more relevant to who the person before us is than geographic "placeness."

So while Ms. Noonan is correct in her observations, I don't think it makes the candidates, or any of the rest of us, "disjointed".  If anything, the "end of placeness" in a geographic sense has simply caused us to use more relevant "placenesses".  That, I think, is a good thing. 

  

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Personal Update - A Teaching Gig for TGR

It's been a while since my last post, much longer than I would like.  But since I'm not quite ready to continue my usual substantive posts, I thought I should ay least explain the hiatus

I've been doing the blog for 9 or 10 months now and have really enjoyed it, but Summer is a really tough time to keep to my blogging schedule.  There's so much I like to do outdoors during Summer - sailing, golf, festivals, gatherings with friends, to name just a few.  And of course, watching the Olympics and now the political conventions.  So there's that.  And then the occupational hazard of getting really busy at work with matters for clients has reared its head recently.

But the main reason I haven't been posting according to my usual schedule is that I will be teaching an undergraduate class at Capital University's School of Management and Leadership called Business Law II.  It starts tomorrow evening from 6 to 9 PM, and from what I've been told, is a relatively small class student wise and will mostly have adult students trying to finish a degree.  It's a hand-off from my former law partner Steve Martin  who used to teach the class and still teaches several other classes for Capital University and elsewhere.

The class meets once a week on Thursday evening through mid-December.  It covers the basics of Business Associations (partnerships, corporations, LLCs), some Uniform Commercial Code in the form of UCC Article 3 & 4 (Checks and Negotiable Instruments), UCC Article  9 (Secured Transactions), very quickly UCC Articles 5 (Letters of Credit), UCC Article 7 (Documents of Title, including Warehouse Receipts and Bills of Lading), and UCC Article 8 (Securities), and a smattering of other business law, including Securities Regulation, Bankruptcy, Labor & Employment, and whatever else we wind up having time for.  

I am very excited about this opportunity because it marries what I pretty much do every day in my law practice with the different environment and perhaps more theoretical approach of academia.  However, I have also  been very mindful of my responsibilities as teacher and have spent much of the last few weeks boning up on the more esoteric aspects of these subjects and making the very real practical decisions about what to cover when and how.  Consequently, between golf, work, and this new gig, there hasn't been much time lately for the blog.  

I'm hopeful that can change soon.  I'm very familar with the material I'll be teaching and have certainly done seminars from time to time on different aspects of what I'll be teaching in the next few months.  Yet the prospect of doing the equivalent of a seminar a week for the next 14 or 15 weeks can be at least a little intimidating at first.  Hence my absence from the blogosphere of late.  

So tomorrow's the day, the inaugural day of my formal teaching career.  I hope to be back to blogging on a regular basis soon - I do have a few draft posts in the pipeline.  For now, however, I just want to get this new opportunity off to a good start!!!      

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What DOES It Take to Be a SUCCESSFUL Entreprenuer?

As I was doing my usual lunchtime surfing and Google Reader review, I came across an interesting quiz presented by Ben Blanquera at the Columbus Tech blog which is supposed to help you decide if you have what it takes to really be an entreprenuer.  It asks the usual sorts of questions about being willing to work hard and make sacrifices, but it also asks questions like your birth order and whether you had chores around the house before you were 10.  I took the test - my score indicates that I have the "necessary characteristics to be an entreprenuer". 

The Small Business Administration's webpage also explores "Is Entreprenuership for You?" and has a checklist to help aspiring entreprenuers answer the question, "Do You Have What It Takes?"

I've also been reading the Napoleon Hill classic, THINK AND GROW RICH which purports to contain the secret needed to identify your goals,  obtain whatever you want in life, and join the ranks of the super-successful.  Early on he says:

desiring riches with a state of mind that becomes an obsession, then planning definte ways and means to acquire riches, and backing those plans with persistence which does not recognize failure, will bring riches 

Do not wait for a definite plan through which you intend to exchange services or merchandise for the money you are visualizing.  Begin at once to see yourself in possession of the money, demanding and expecting meanwhile that your subconscious mind will hand over the plan, or plans, you need.  Be on the alert for these plans, sand when they appear, put them into action immediately.  They will probably "flash" into your mind through the sixth sense, in the form of an "inspiration.  

All of which got me to thinking about what it actually DOES take to be an entrprenuer.  It almost goes without saying that you must be willing to work incredibly hard and have enormous faith in yourself even when no one else really does.  But being a successful entreprenuer has to be more than that.

Some years ago when I was moving my law practice from a large firm to a much smaller one and became more responsible for finding my own work, I asked an attorney I knew from a smaller firm what the biggest difference would be.  "The highs are higher and the lows are lower," he said.  And I think that is also true for entreprenuers of any kind.        

Entreprenuers must have both a dreamer and and hard-headed realist within them.  Having the courage and fortitude to endure the uncertainties any new business will face and know the difference between when to forge ahead and when to change course is a special set of talents. 

Without a dream and vision, there's really no reason to be out on your own instead of working for someone else.  Seeing that dream and vision come true is a feeling unlike any other.  However, without the ability to adapt to events and circumstances as they occur and perhaps even modify the vision a bit, the project may stall or fail entirely.  

So you have to REALLY WANT IT to stay out there.  If you don't, the pain and difficulty of the journey could never be worth the effort and sometime even heartbreak along the way. 

My Favorite Ohio-Based Law Blogs

Now that I've been doing this law blog thing for about eight months, I've had a chance to get acquainted with my neighbors in the blogosphere.  There are of course my subject matter compatriots all across the country that I've enjoyed coming to know through their blogs (Chris Moander of the relatively new Wisconsin Business Law and Litigation blog and Rush Nigut of Rush on Business from Iowa (the home in my youth) especially come to mind).  But today I wanted to focus on my geographically proximate neighbors practicing law in Ohio while writing their blogs.  

Like anyone else I have my favorites.  I don't claim to be any arbiter of quality or worth so the following is really nothing more than what I've found I've liked the most so far. 

Perhaps my own personal favorite Ohio-based blog is The Briefcase which has been published by solo practitioner Russ Bensing for quite a while.   It promises to provide "commentary and analysis of Ohio law" and it certainly delivers.  Russ gives brief summaries and case updates of Ohio civil and criminal cases decided by the various Court of Appeals and the Ohio Supreme Court with a bit more criminal than civil cases.  While this is of course useful, his regular "Friday Roundup" feature focusing on the more entertaining legal cases out there is a must-read for me every week.  In addition, even the case updates and summaries are given with a definite bit of "attitude" that makes them much more interesting than the usual dry case summary.  And his "About" section is particularly well done.  Russ's stuff is not often the sort of thing I tend to link to (which may say more about me than him), but I certainly appreciate his contributions.

My other "substantive" favorite  Ohio-based blog is the Ohio Employer's Law Blog published by Jon Hyman of Kohrman, Jackson & Krantz  for more than a year.  Its tagline is  "Practical employment law information for businesses in Ohio and beyond."  What I like about this blog is Jon's well written, informative, and useful (even "practical") posts about important issues in the labor and employment law areas.  I also think Jon's analysis of the legal issues he covers is clear and seems right on point.  In addition, I like his regular "What I'm Rreading" series which features several quick links to other interesting posts around the blogosphere.  I don't practice in this area so I appreciate having such excellent resource available to keep me up to date about pertinent legal developments. 

Ohio Employer's Law Blog is one of two Ohio-based blogs focusing on employment and labor issues.  The other is Porter, Wright, Morris & Arthur's Employer Law Report which says it will be "Reporting on recent legal developments and trends affecting employers".  It has been published sporadically over the last couple of years, but now seems to be adding new worthwhile posts more frequently. 

The D&O Diary published by Kevin M. LaCroix of Oakbridge Insurance Services, an insurance intermediary focused exclusively on management liability issues, focuses on perhaps the most complex issues of any Ohio-based law blog.  It is intended to be "A Periodic Journal Containing Items of Interest from the World of Directors and Officers Liability, with Occasional Commentary".  I haven't had much chance to become fully acquainted with this blog yet, but hope to so in the near future.

When it comes to coverage of both substantive and professional developments of interest to Ohio lawyers, I like the Cleveland Law Library Weblog the best.  It explains that "our goal is to inform local attorneys of major legal developments important to their practice".    I often find ideas for posts by reading this blog and appreciate the links usually provided.  The Cincinnati Law Library Blog  and the Moritz Legal Information Blog which provides "Legal Information and Research Resources Brought to You by The Michael E. Moritz Law Library at The Ohio State University" also provide these sort of services.

One of the newest Ohio-based law blogs is the Ohio Real Estate Blog published by the attorneys of the Real Estate Practice Group of Kohrman, Jackson & Krantz which started up only a couple of months ago in April.  In same real estate practice area is the Build on This! blog published by the attorneys of the Real Estate and Construction Practice Group of Buckingham, Doolittle & Burroughs, LLP which offers "Current news, information, and events affecting the real estate, construction and land use industry and its professionals".

Another recent addition to the blogosphere is the Reasonable Doubts blog published by Jeffrey Davis.  It started in March 2008 and, as its name would suggest, focuses on crminal law.  In addition, the Ohio Family Law Blog, published by Robert Mues of Holzfaster, Cecil, McKnight & Mues, LPA, began in December 2007 and tries to provide "Family Law and Divorce Information for Ohio Families Seeking Solutions".

Interestingly, there are TWO Ohio based law blogs called Sixth Circuit BlogOne seems to focus on criminal law and offers "Case summaries and commentaries by federal defenders of the Sixth Circuit".  The other, published more sporadically by Eric Zagrans, focuses primarily on civil law and is "Devoted to Appellate Law and Practice Within the Sixth Circuit and Its Constituent States"

Rounding out the roster of Ohio-based law blogs (at least those I'm aware of) are the following with which I am less familar, in part because they relate to areas of law with which I have less experience in my day to day practice:

While there are several newer Ohio based law blogs, there are also many that have been published for two or three years or even longer.  There are also some earlier Ohio-based blogs that are no longer publishing.  In addition, there are several "business" blogs based in Ohio that touch on legal issues from time to time, but that's a subject for another day.

I hope I haven't forgotten anyone, but if I have, just add a comment with your URL and then we'll know about you too. 

Mentoring Matters - To Everyone....

Mentoring matters - and is important and rewarding - to both the person being mentoring and the person doing the mentoring.  It's not something that can really be successfully institutionalized in any company, but when it happens "for real", it's a crucial and life-changing experience for both people.  And we all ought to look for ways to nurture the environment and circumstances which actually DO make it happen spontaneously.   

Last week I had cocktails with a woman with whom I suppose I have a kinda mentoring relationship.  She works for a different firm than me - a larger, perhaps objectively, more prestigious firm than my current firm - but I feel lots of pride and satisfaction that I helped her get the interview with that firm.  I know she had to "win" the interview and that her standing and success at that firm now are all hers, but it makes me feel good that she has done so well and that I can still give her useful advice about how to maximize her success.

My Mentors.  In about a year and a month, I will turn the big 5-0.  So I suppose it makes sense that I've been in a "taking stock" mood lately and thinking, among other topics, about the whole mentoring thing.  As I talk with other lawyers, both contemporaries and younger attorneys, I've begun to realize EXACTLY how fortunate I've been in my career when it comes to having always had people along the way who were both willing and able to show me how to become the "right" sort of lawyer.

As I've moved along in my own career, I've become especially appreciative of the "non-billable" intangible aspects of being that certain kind of lawyer which today I am truly proud of being every day.  These exceptional individuals taught me every day in both their word and deed what I really wanted to be, and should be, when I finally became a "grown-up" lawyer.

And it's so many years later that some of these mentors in my professional life perhaps do not, and may not ever, know or really understand how important they have been in how I approach and do so many things today.  Perhaps just importantly, I doubt that either of us realized how significant they would later be in making sure my "mentee(s)" will grow into the sort of ethical, intelligent, pragmatic lawyer we all want to see.

I still remember the lawyer (then a fairly experienced associate on the brink of becoming a partner) who came by my office my very first week as an employed attorney.  He explained the "nuts and bolts" of recording time (the thing that will always MOST matter to any lawyer in private practice), as well as many other practical aspects of being a lawyer they just don't teach you in law school. 

It was a small, perhaps even selfish, act since he was going to be the one billing much of my time (or at least the one reviewing bills which included time I spent working on matters).  Yet it opened the door for a personal - yet professional - relationship between us which made it O.K. for me to ask the "stupid" questions about how to do things that young lawyers really DO need to know answers to.  It also helped me connect more to the firm because he was also the person I could go to when something about the "goings on" at the firm puzzled or concerned me.

Then there was the other relatively experienced partner who taught me much of what I know today about the substantive aspects of my practice area.  But what he really did - which I might not have gotten from anyone else - was teach me about "being" a "worthwhile"  lawyer.  Sure he taught me about being an ethical attorney, both generally as a concept and more specifically as issues arose in our day-to-day practice.  However, as crucially important as that was and is, what has and will continue to resonate with me is how he helped me understand about what it really takes to be an effective lawyer and what I should strive to be.

And later, there were the name partners in a much smaller firm with whom I spent a decade of my life.  One was sorta like my "big brother" who both challenged me and insisted that I continue to mature as a lawyer.  The other one "got" who I was and what I needed to do to become the best lawyer I could ever be.  In different ways, both of these individuals - as well as my previous mentors - helped me understand my potential and path to becoming a better attorney (and person).

My Mentees.  Back to my mentee.  I became involved with her when, as a first year law student (for whom law jobs are sometime tough to get), she was sufficently  persistent (without being annoying or unreasonable) that I finally gave her a job as a law clerk; she was FANTISTIC!!  When we got together last week (almost four years after we met one another), she told me that she is getting married - and I am thrilled for her.  We spent most of our time together talking about her - and her upcoming nuptials, career path, and current situation.  And while I have to admit, I often spend as much time talking as listening, it felt VERY O.K. to hear all about her this time and where's she at and what she wants to do, personally and professionally.

There is also another  attorney I know who is a little further along the prescribed career for sucessful lawyers.  She's just made a change in moving to a new law firm.  Since I've actually done this a couple of times, I could give her useful information based on my experiences.  Being able to help her make this transition in the most sucessful way possible mattered to me and made me feel good about myself and what I stand for as an attorney.            

The Fruits of Mentoring. Today, it doesn't really even enter into my mind NOT to try to help younger folks.  It's the way I was "brought up" as a lawyer and I can't even imagine behaving any other way.  My point in sharing this is that it REALLY does matter what you or I do (or, tragically, fail to do) with the younger and/or less experienced folks in our organization (whether it's a law firm or some other sort of business) - AND that it might be a LOT of years before you ever find out (if you ever do) - how much it matters.  Really matters to that person and to the individuals that person later interacts with.... and the individuals they later interact with.... and, well you get the picture....

Click here and here for some other "testimonials" about the power and importance of mentoring.  I'd link to more, but my Google search turned up disappointing results - search for "billable hour" and you'll get lots of hits; search for "mentoring" or some variation thereof and there's just not that much out there.  I'd like to think that's because of how deeply personal and meaningful these relationships are and that we don't quite know how to talk about them.  Or maybe it's because if you've been lucky enough to have this valuable experience, you tend to take it for granted and think it's a normal part of everyone's career path; and if you haven't been so fortunate, you're not really certain what the "big deal" about this is anyway.  So, anyone, other stories???   

Many companies try to "assign" mentors to new hires.  I know they mean well, but I honestly don't believe that these sort of relationships can happen this way.  Nor can you just go up to someone and say, hey, would you be my mentor or, on the other side of the relationship, can you force yourself on a younger colleague as "the" person who can show him or her the way.  Mentors are just drawn to one another and do the "choosing", if you can call it that, themselves - mostly without really being aware it's happening.

The most we can do is create an environment which facilitates and is conducive to making these relationships happen.  It needs to be a fundamental part of a company's culture that never occurs to anyone to question.  A few years ago it was popular to say that "it takes a village to raise a child" - well, it also takes a village to bring  a lawyer, accountant, banker, or business person to maturity.     

In today's bustling world of commerce in which everything seems to go faster and faster and profit margins sometimes seem to be getting smaller and smaller, it might be easy to overlook this aspect of professional business life. However, if we want a better world or a better profession, it really is up to us experienced types not to let that happen. 

To me, it's not that different from growing up as a human.  There really are just some things which parents (or law partners or senior executive members of a company or organization) do need to instill in their offspring (or proteges).  I am willing to take on that responsibilty.  How 'bout YOU????      

10,000 Hits and Counting...

With all due respect to Kevin O'Keefe who posts today that when Measuring law blog success: Web stats are not the answer, I'm still going to celebrate breaking the 10,000 total hits threshold!  It happened yesterday and if nothing else, it's a nice benchmark from which to look back over the last six months.

When I started this blog, I didn't even know where to go to make it happen.  Hat tip to Eric Wittenberg - who in addition to being a fine Ohio lawyer, is also a Civil War historian who publishes the Rantings of a Civil War Historian - who helped me get started and explained some of the basic stuff to me.

I'm not sure if I knew anything about Google Reader when I started and I know I had no idea what an RSS feed was and why anyone would care.  Since then I've become quite the evangelist for Google Reader and am continually somewhat flabbergasted to find how few of my acquaintances have ever heard of it.  And now I don't know what I'd do without RSS feeds to save time.  

I've also recently become acquainted with Google Notebook and its amazing usefulness both for bloogin purposes and for general practice purposes.

And, yes, I've had fun doing the blog to such an extent I find myself sometimes wanting to do it rather than whatever billable work I'm supposed to be doing at the time.

So here's to continuing the journey... 

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When Golf and the LAW Meet.... Fore!!!

With it being April Fools' Day and all - and being far enough removed from the historic near blizzard that dumped 20 inches of snow here in Columbus a few weeks ago that one can actually start to believe Spring is here -  it seems appropriate to honor the approaching golf season in Central Ohio by taking a look at where golf (and golfers) seem to meet the Law.  And the consequences thereof (come on, did you really think I'd resist the temptation to use the legalese). 

Suppose you and your foursome are out in the middle of the back nine.  Playing ready golf, one of your golfing companions has gotten further up the fairway and is now waiting for you to hit.  She's off to the right and certainly nowhere near where you want the ball to go.  Do you ask her to move just to be sure you don't hit her or do you go ahead and hit?  What happens if you do hit her?  Are you legally responsible then?

Assumption of Risk = Recklessness, Not Just Negligence, Required for Liability

In Ohio, the seminal (i.e. case which sets the standard) case regarding golf accidents is Thompson v. McNeill, 53 Ohio St.3d 102, 559 N.E.2d 705 (1990).  A foursome of women reached the twelfth hole at a private country club.  Lucille  McNeill's second shot went to the right, landing in a water hazard and JoAnn Thompson went to look for the ball.  McNeill chose, as she could under the rules of golf, to hit another ball from her same position.  When McNeill hit her third shot, Thompson was still near the water hazard, about 15 yards away, but at angle of nearly 90 degrees  from the intended path of the ball.  McNeill shanked the ball and hit Thompson in the right eye, causing severe injury.  It wasn't clear whether McNeill yelled "Fore" as golf etiquette requires.

The Ohio Supreme Court held that to be liable, McNeill had to have acted recklessly or with the actual intent of hurting Thompson.  Mere negligence was not enough because when golfers enter the course, they have "assumed the risk" that inherent "foreseeable" accidents or injuries might occur.  Because "a golfer accepts the risk of coming into contact with wayward golf shots on the links" and "[s]hanking the ball is a foreseeable and not uncommon occurrence in the game of golf", the Court ruled in favor of McNeill, the defendant.

Rules to Play By 

So against this backdrop, here are some rules to think about next  time you play a round:

  1. Because of the "assumption of risk" perspective, if you do get hit by a ball on the golf course, whether by someone in your own foursome, or another group, it will probably be difficult to convince a court that you should be compensated for your injuries by whoever hit you.
  2. If at all possible, you really should yell "Fore" and not just because it's customary to do so.  In Thompson, the Ohio Supreme Court commented:
    • "If for example, a golfer knows another is within the line of flight of his shot and fails to offer the customary warning of "fore", liability might accrue.  Such conduct could amount to reckless indiference to the rights of others."  
  3. If you are going to hit someone, it's way better to do it with a really bad shot - that way it's clearer that it shouldn't have been forseeable, i.e. reckless.  Maxwell v. Rowe, 1998 Ohio App. LEXIS 4396 (9th App. Dist.) ("the fact that Jeramie was near the green when he was struck is evidence that Todd's ball went where Todd intended it to go.")
  4. While most states apply the same sort of recklessness standard as Ohio, a few - Illinois to be specific - only require the injured golfer to prove negligence to impose liability on the golfer responsible for hitting the errant golf ball.  Zurla v. Hydel, 289 Ill. App.3d 215, 681 N.E.2d 148 (1st App. Dist. 1997).  So, if you're playing golf in Chicago, be especially vigilant about not hitting other golfers. 

And now,

A Little About Me and Golf (and Why It Matters)

I've been playing golf for a few years now, mostly just for fun but occasionally to entertain clients and possible referral sources for my business, commercial, and transactional law practice.  I am by no stretch of the imagination REMOTELY  good, but I enjoy it (heck I can admit it, I'm addicted to it) anyway.  How do I know that?  Well, I've managed to rationalize my golf habit as an extremely efficient use of time.  The way I see it, when I golf, particularly with clients or prospective clients, I am simultaneously accomplishing:

  • Socializing (which is fun and essential to staying a well rounded normal adult)
  • Business development (which is essential to my career happiness as a successful lawyer)
  • Exercise (which is essential to basic physical health and well  being as a human)
  • Productive release of my natural competiveness and enhancement of my ability to know myself (the cliche is that golf is life and that what happens on the golf course really is indicative of behavior in "real life")  

Socializing.  Through golf, I've met some terrific folks and made some really good friends, especially through my involvement in the Columbus Chapter of the Executive Women's Golf Association.  So I definitely appreciate the socializing aspect of the golf experience.  I've also noticed that it can be a real ice breaker when you're faced with meeting and interacting with folks you haven't met before in a business/professional situation.  Regardless of ability, ALL golfers feel frustration at times and every golfer has a favorite course.  So if I know (or suspect) my counterpart plays golf, suddenly it becomes easy to establish a productive working relationship within which to do business.  And that HAS to be good for all concerned.

Career and Business Development.  One of the nice things about golf and being a woman in the business world is I don't actually have to play all that well to have golf work for me (which in my case is DEFINITELY a good thing) in a business context.  As I mentioned, even just talking about it helps me establish common ground with people with whom I might otherwise have difficulty establishing a connection.  And there are an awful lot of men who really aren't that good who feel very comfortable playing with me.  In addition, as any avid golfer will tell you, golf is really about being competitive with yourself which allows golfers of different abilities to still have a good time playing together. 

Perhaps the greatest utility of golf in the business development department is that you get 2-5 hours of uninterrupted time one-on-one time with the client, referral source, or prospect in a relatively relaxed environment to become acquainted on the personal level that really matters most.  How many lunches would you have to do to get to the same place? 

Finally, did I mention it's FUN! - which makes everyone feel more postive towards a continued relationship with one another.

Exercise.  Ahhh..... EXERCISE - I know I need to do more of it, but I can never seem to establish a "gym" routine.  When I play nine holes, I frequently walk.  And even when I ride when playing a full eighteen holes, I do get some exercise...... painlessly.

Introspection.  That stuff about Golf = Life -  well, it's true and I learn a great deal about my personal strengths and weaknesses almost every time I play. 

Now, if only it would get warm, or at least warmer....

 

Spring Has Sprung - Baseball's Back!!!! Watch for Zooming Balls

To me, one sure sign that Spring has finally arrived at long last is baseball's Spring training.  And nothing says Spring more than major league baseball's Opening Day!  Which happens next MONDAY!!!!!!!  So in honor of the return of professional baseball, it seems appropriate to remind everyone that if you're going for the seats close to the field to impress that customer or client, make sure you keep an eye out for errant balls and broken bats. 

Once you enter the ball park, for the most part, you have "assumed the risk" of getting hit by a foul ball or flying broken bat - just like it says in that tiny print on the back of your ticket.  (Ohio cases actually think having that warning in microscopic type on the backside of your ticket is important.)  As the Ohio Supreme Court said way back in 1925 in Cincinnati Base Ball Club Co. v. Eno, 112 Ohio St. 175, 180-81: 

it is common knowledge that in baseball games hard balls are thrown and batted with great swiftness, that they are liable to be thrown or batted putside the lines of the diamond, and that spectators in positions which may be reached by such balls assume the risk thereof.

More recently (just last season, in fact), the Ohio Court of Appeals was asked to consider whether the presence/performance of The Famous San Diego Chicken (view video of Chicken at work) during a Dayton Dragons (Reds AA farm team) game was sufficiently distracting to negate this "assumption of risk" principle.  The injured spector, who was hit by a foul ball, sued both the baseball club and The  Famous San Diego Chicken (who interestingly is not further identified in the case).  In holding that "assumption of risk" still applied, the Court of Appeals opined in Harting v. Dayton Dragons Professional Baseball Club, LLC, 171 Ohio App.3d 310, 870 N.E.2d 766, 2007 Ohio 2100 (2nd App. Dist. (2007):

This argument ignores the fact that team mascots and their antics are a common phenomena, and mascots are normally present during the entire course of the game.  In many cases, the team mascots are more popular than the team itself.  Simply because the Chicken appeared while the game was being played does not absolve Harting from the duty to protect herself from the ordinary risks inherent in the sport....

Given the prevalence of costumed team mascots at sporting events such as baseball, football, or basketball games, it is perfectly reasonable for a spector at one of those games to expect to observe said mascots during the normal course of the game.  The fact that Harting was allegedly distracted by the Chicken during the bottom of the sixth inning when she was struck by the foul ball did not negate her duty to pay attention to the action taking place on the field.

I don't know about you, but it wouldn't matter how very attentive I was to action on the field - when that foul ball or broken bat fragment comes zipping my way, my reflexes just aren't that fast.  I think what's really happening is that courts look at the situation and essentially say, "Hey, it was an ACCIDENT.  S*** happens."

In at least one part of the world - specifically Jersey - this "baseball rule" may be slowly crumbling.  In Masionave v. Newark Bears Professional Baseball Club, Inc., 185 N.J. 70 (2005), the New Jersey Supreme Court drew a distinction between "the stands" and other parts of the stadium such as concourses.  For commentary on this case reprinted by Law.com, click here. According to the article, in Japanese baseball stadiums, the entire lower deck of seats is screened.  

Earlier this year, Ryan McKeen of A Connecticut Law Blog (which describes itself as "Thoughts on Connecticut Law with a Side of Baseball") posted on a similar case relating to "Foul Ball Liability in Connecticut (He's Out Part 2)".  Ryan's take on all this? It may mean netting coming to a ball park picnic area near you soon.  Big SIGH!!!!!!

In the old days, the Cincinnati Reds (less than 2 hours south of Columbus) had the honor of leading off every season by playing the very first game in the majors -  always at home.  Even if other games were scheduled for the same day, NO ONE started play before the Reds' game.  Why?  Because the Cincinnati Reds are the oldest team in MLB. 

As a result, Opening Day in Cincinnati is a HUGE holiday - there's  entertainment and even the great Findlay Market Parade (see video of the 2007 Opening Day Parade).  In recent years, other teams have started play earlier in the day than the Reds, but Opening Day is still special in Cincinnati.  Here's the info about 2008 activities.  

So as Spring turns to Summer and you decide to go out to the old ball park, heads up!  Unless of course you're on the concourse in Connecticut or Jersey.

Don't Want to Get Lawyers Involved? Why That's a Bad (and Sometimes Very Costly) Idea

Nina Kauffman over at the Making It Legal blog just wrote a terrific post using an object lesson to explain exactly why deciding to go forward in a deal "without getting lawyers involved" isn't always the bargain cost-saver envisioned.  Long story short, the "victim" aka buyer didn't ask to see financials, didn't verify the arrangements existing with the landlord, and didn't verify the seller's ownership interest before swapping her hard earned money for a business that turned out not to be the cash cow promised by the seller.  Now she has discovered that the consequences of trying to save money by keeping lawyers out of the transaction are neither pleasant nor inexpensive.

While it is certainly true that this erstwhile buyer could have done all these things without a lawyer and perhaps avoided her unfortunate fate, using a lawyer to assist with the purchase of a business minimizes the likelihood that an important detail pertinent to whether you even want the business will be overlooked.  It can also ensure that the deal is structured in the manner which is most advantageous to you from a tax and basic business perspective.  Although many deals do proceed without a hitch with nary a lawyer in sight, the only one which really matters to you is the one you're doing.  So it all comes down to how much of a gambler you really are; if you're lucky, all will be well, but if you're not, the results can be far more devastating than just a minor disappointment in the road of life.   

Business people sometimes think they can substitute the form documents easily available on the internet, or in self-help books found in the local retail book store or on Amazon, for a trip to the lawyer.  I certainly understand the motivation behind hoping the form downloaded for free will work just fine if you change names, dates, and maybe a few other things.  On my Blogroll, I have even included some websites with what I consider to be generally dynamite forms.  Forms, however, must be utilized responsibly.   

Unfortunately, making sure you have the right document and the right language for your particular situation is very much like making sure you have the right tool for the job when it comes to home repair or any other task.  If you need a screwdriver,  trying to use a hammer is unlikely to lead to optimum results.  To get a flavor for this, check out Ken Adams of the Adams Drafting blog which focuses on all the different ways subtle variances in the language used can change meaning significantly.  Lawyers have the education and experience to understand and make the proper choices.  Do you?  

Forms are a Jumping Off Point, Not the Destination.  Forms are just that - forms.  They are merely a place to start to save the time and expense of drafting from scratch on every occasion.  When I download forms or entire documents used in actual deals from oncle or docstoc, or Findlaw, or anywhere else (and I do that a lot), I rarely, if ever, use them in exactly the same form as downloaded. 

I use downloaded forms as a skeleton to be fleshed out by language from other forms and documents, together with specific language and provisions pertinent to the particular deal that I create myself.  I also delete significant portions of the document downloaded as not relevant or appropriate for the deal before me.  While many deals may be similar, every transaction really is just enough different to require some tailoring of draft documents at my disposal.

Why doesn't the same document work in every deal?  Why can't you just use the lease or Asset Purchase Agreement your buddy got his lawyer to draft or you found on the internet? 

For starters, contract, employment, and especially real estate, law differs in important ways from state to state.  New York may require certain language not necessarily favorable to employers that Ohio does not and which an employer in Ohio may not wish to include at all.  Each state's courts may have reached slightly different interpretations of certain legal concepts and principles which can affect the meaning, and sometimes even the validity, of particular contracts.  Do you as a business person really want to spend the time to determine if the document you got from your friend in Michigan is really going to work the same way here in Ohio?  An Ohio lawyer already knows these details and understands how to apply them to your Ohio transaction.

In addition, documents drafted from the perspective of one party to the transaction are generally not as beneficial to the other.  For example, from a landlord's perspective, there are certain provisions in a lease that should be included which the tenant would prefer to leave out.   Even if you are using a form from "your side", your bargaining position may be different from that of the original party in that position.  While it is theoretically possible to draft a contract or other document neutrally so that it is completely "fair" to both sides, in reality, contracts are generally written in such a way to benefit one side somewhat more than the other.  How great the disparity is often a function of the relative bargaining position of the parties.  An attorney is able to assess your role (and relative leverage) in the transaction and determine the most appropriate language to be used as a consequence.  

  • EXAMPLE from an Asset Purchase Agreement - Compare the following three ways of describing the assets being purchased, each of which has a slightly different meaning.  Choosing the right version for your particular deal is crucial.  Having a lawyer on your side can help.

The purchased assets being acquired by the Buyer as a result of this Agreement and the transactions contemplated hereby shall be acquired by the Buyer on an "AS IS, WHERE IS" basis and in their then present condition, and Buyer shall rely solely upon its own examination thereof.

Except as set forth on Schedule 3.5, [to the best of Seller's knowledge and belief], the Assets, including all machinery and equipment, are in good state of repair, in sound operating condition, ordinary wear and tear excepted, and have been given regular maintenance in the ordinary course of business.  

[To the best of Seller's knowledge], All of the facilities of the Seller and its equipment and other tangible assets are in good condition and repair (ordinary wear and tear excepted) and workable, usable, and adequate for the uses to which they have been put by the Seller in the ordinary course of business, and none of such facilities, equipment, or other tangible assets (exclusive of obsolete items no longer used in the Seller's business) is in need of other than routine maintenance or repair

The Ohio State Bar Association also offers some additional considerations why consulting an attorney can be helpfulAmong other advantages is the confidentiality afforded by the attorney-client privilege which may not exist to the same extent with other professionals such as CPAs. 

For some similar thoughts along the same vein with links to still others making the same point, visit Rush Night's posting on the subject on his Rush on Business Blog.

A Final Point.  Some clients think they're helping me by bringing me someone else's form to "fix" for their deal.  Mostly, you're NOT, helping me that is.  I DO have my own forms that I'm used to and know how to tailor to your deal; it will probably take me longer, not less time, to use the form you bring me than my own form.  This is because I already know where I've put certain important language and the sections that typically require modification from one deal to the next; with someone else's form I have to read it especially carefully to make sure it has the same provisions.  It's a little like finding your way to the bathroom in the dark in the middle of the night; most of us can navigate this journey just fine in our own home, but may have difficulty when staying as a guest somewhere unfamilar.

So that's my little commercial on how I and other lawyers actually do add value to your business transaction.  Can a business person get to the same place without a lawyer?  Sure, but if you really wanted to know that much about the Law, you'd probably have gone to law school in the first place.

RAGBRAI, Blawg Review Style

Today, something a little different and more personal post.  As someone who grew up in Iowa, I would be remiss if I didn't tip my hat to Rush Nigut's Blawg #147 hosted on his Rush on Business blog.  Rush has very creatively woven his contribution to the carnival that is Blawg Review against the backdrop theme of Iowa's annual summer bike ride across the State known as RAGBRAI.

RAGBRAI is an acronym for the Register's Annual Great Bicycle Ride Across Iowa.  The Register is the Des Moines Register, the dominant newspaper in Iowa, and has sponsored the ride for more than thirty years.   RAGBRAI started when I was in high school and while I never went on it, many of my friends did and thoroughly enjoyed it.  And of course there is LOTS of coverage about it in the Register so you can really feel a part of it even if you don't ride.  So Rush's post was lots of fun from this standpoint as it made me remember some things I hadn't thought about for quite a while.

The ride started as a joke, I think, when one of the Register's columnists was a bicycling enthusiast. I'm not sure it even had an official name the first year.  By the second year, it had become SAGBRAI.  I can't remember if the third year was TAGBRAI or not, but by the fourth year, someone had wisely decided that plain RAGBRAI was the way to go.

Anyway, Rush does a terrific job of capturing the mood and flavor of the true RAGBRAI experience while delivering a very entertaining potpourri of blawg posts touching a variety of interesting subjects.  If you are not familar with Blawg Review, this would be an excellent jumping off place to discover it.  If you're already a regular, then be sure not to miss this one.

What's really wonderful about Blawg Review for me is that I'm introduced to blawgs (and blogs) I wasn't aware of, but immediately take a liking to!  This edition of Blawg Review more than holds up its end of the bargain on that score.  Read and enjoy!

Why Every Client Should Want an Attorney Who Blawgs

No one at my law firm, nor any of my attorney friends, really "gets" yet why I do this blog, or as some in the legal biz like to refer to  it -- in an effort to differentiate us from those who reveal the most intimate details of their personal life in the most scandalous way possible -- "blawg".  They understand that I like to write, but in the end, what does my blog/blawg have to do with actually getting clients?  And why else would you spend the time doing it anyway? 

I've had this blog/blawg up since mid October of last year, although according to my "hits", basically nobody much noticed at all until sometime in November.  So I think in all fairness I can claim that I've only been doing this for about three or four months.  However, I now regularly have almost twice as many hits (daily, weekly, or monthly) than my law firm's website and generally come up far higher on subject matter Google searches.  If all goes well, I hope to get to 10,000 total hits by my birthday in late May.  But again, what does that have to do with anything?  And especially why does this matter to clients?

I began this blog/blawg with the idea that all of us are depending more and more on the internet and the web to get more and more essential information about pretty much anything affecting our personal and professional lives.  I noticed that I was resorting to the internet more and more frequently to find forms and other resources to help me answer questions posed by clients -- and perhaps equally, if not more, importantly, I was finding useful information and referrals at an exponentially expanding rate.  And I reasoned that, if I was finding the web an increasingly more beneficial and genuinely downright useful (not to mention exceedingly cost effective) resource, the people and companies I hoped to attract as clients must be doing the same thing. 

From there, it was an easy decision to find a way to be where these prospective clients are.  Serving those prospective clients by actually providing some useful information about legal issues thay might be facing is both fun and rewarding for me.  In addition, in doing the blog/blawg over the last few months, I have become even more convinced that blogging/blawging has made me a far better and more useful lawyer to my current and prospective clients.  Here's why:  

1.     Knowledge Entreprenuer.  I find time to actually go research those extra questions of clients to which I don't quite know the answer.  Why?  Now I think in broader terms about what I want to know and can offer to prospective clients.  What better source of inspiration for blog/blawg posts could there possibly be?  

 

Case in point - clients frequently ask my advice regarding what legal entity they should have for their business.  I have general factors they should consider, but when it comes to the effect of self-employment tax, I have usually been content to refer clients to their CPA.  Recently, I decided that this seemed like a terrific topic for my blog/blawg so I went to a seminar, read up on it, made a few phone calls to some subject matter experts I could access, and finally got it figured out so I could write a respectable post (forthcoming) for the blog/blawg -- and provide pragmatic advice to my clients. 

 

Who paid for that?  Well, it was me and, indirectly, my law firm because I spent the time to learn this, but didn't bill any client for that time.  Who benefits?  Every client I have from now on that wants to know all the factors worth considering in making this decision. 

 

And this I think is one of the greatest benefits of hiring a blogging/blawging lawyer.  We're naturally curious and love to learn new stuff -- how better to satisfy this than by actually exploring the questions that clients seem to ask most often!  The blogging/blawgging attorney is just going to know MORE about more issues because they have a concrete personal stake and commitment beyond the needs of any particular client to find stuff out.  And if I already know something, you the client won't have to pay me to go find out.

2.     Communication 101.  You'll have a fairly good idea whether you're going to understand a word I say or write and actually be able to use any of the expensive advice you pay me to give you.  Let's face it - in most cases, it doesn't much matter if I'm a brillant legal genius if you can't make any sense out of what I'm telling you or comprehend how to implement the counsel and advice you're paying me to provide.  If you are able to "connect" with what I write in my blog/blawg, then at least you know you'll get something of value when I communicate with you in writing, and hopefully face to face as well.

3.     Authenticity and "Real Voice".  One of the really "neat"/"cool" (OK, I've been around a while and don't really know the current "hip"/"in" phrase) things about blogs/blawgs is that the authors get to show at least a little personality.  Some of us are a little better at this than others (law is a rather conservative field) and I think I'm still finding my "authentic" voice, but blogs/blawgs are conducive to a level of informality.  So, when you read my blog/blawg,  you as client get at bit of a "sneak preview" of what I'm really like.  And if, as is likely, you're going to be spending some time with me once you ask me to represent you, that's got to be useful info.  BTW, I hope to be more irreverent in my blog/blawg in the future - it's a process.

4.    Quality and Competence.  There is at least some ability to actually assess the quality and competence of your would-be lawyer to be.  Those of us who blog/blawg are "out there".  You can take what we've written and ask your favorite friend attorney (who you don't want to hire because you don't want to mix personal and business or for some other reason), CPA, financial advisor, etc., what they think -- or even research us on the web by seeing what other folks have to say about the same topic, or even about we've said about particular subjects.  I've heard, and I suppose it's true (and I know it is with me and doctors), that clients generally can never really evaluate whether their lawyer actually knows anything so they try to decide that based on other factors.  Well now they can.  And I would suggest that those of us willing to chance that scrutiny ought to be high on the list of any client. 

5.     Commitment to "the Law" Made Practical.  Most of us would rather deal with someone who isn't just "in it for the money".  We all believe that someone who ultimately cares about the product or service being provided "just because" it's what they enjoy doing will offer superior service.  Well, no one cares more about "the law" "in the real world" than lawyers/attorneys who blog/blawg.  Who else would bother?  We really are the folks who became lawyers because we were philosophically attracted to the questions law poses and tries to address every day.  However, unlike our brethren and sistern who became law school professors, at the same time we desperately yearned to be always "relevant".  

 

Now, most of us have come to terms with the fact that our everyday existence and value to anyone has nothing much to do with the fundamental questions that attracted us to the profession in the first place.  But we actually still do think about those questions from time to time and blogging/blawging may be a way for us to focus on those questions in a way that will ultimately benefit society at large, as well as clients in particular instances.  Blogging/blawging is fundamentally more practical and pragmatic than traditional legal scholarship in the form of footnoted articles in law reviews and journals.  Yet I think it has a place that will become more obvious over time to both those in academia and to the clients who only want to know what they should do today.            

So there you have it.   The blog/blawg IS fun for me to do, hopefully offers something of value to others, and makes me a better and more effective lawyer.  What other reason would anyone need to do something?  And why would you the client want to have anyone else looking after your important questions and concerns?

Purpose and Goals for this Blog

If I were not an attorney, I would want to be an architect because architecture at its best requires one part dreamer who can imagine things that don't yet exist (but should) and one part detail oriented realist who understands the laws of gravity and physics and can make a concept concrete, literally.  In the same way, I have always thought that the practice of law should be one part innovative, bound only by complex and intangible concepts of fairness and justice, and one part practical and pragmatic, responsive to the "real world" concerns of businesses and individuals who find themselves caught up in it voluntarily or involuntarily.      

My goal for this blog is to provide information which will allow readers to make better legally informed business decisions.  I intend to write about legal issues confronted by businesses, primarily those privately held and owner operated, and those who own and operate them.  As an Ohio attorney with more than twenty years of experience in business, corporate, commercial, and real estate law, my focus will be on how these play out in Ohio.      

 Ohio Practical Business Law Counsel means 

  • my perspective and focus will be Ohio-based

  • I will write more about Practical legal issues and pragmatic solutions than about interesting, but esoteric, academic concepts

  • most of what I write will relate to Business, corporate, and commercial legal concerns rather than to individual, personal, or consumer legal issues

  • what I say may sometimes have a subjective element in it best thought of as Counsel and advice - readers need to think about how it applies in their particular situation

And, finally, at some point you knew there had to be a disclaimer somewhere and here it is:

It is important to remember that the information contained in this blog is intended to convey general information.  It is not an offer to represent you, nor is it intended to create an attorney-client relationship.   In addition, it is not meant to be all-inclusive or comprehensive.  It should not be construed as legal advice or opinion to be followed without further consultation with an attorney.

Let the experience begin....

 

Teri Rasmussen is a Partner and Vice Chair of the Business Law Practice Group at Lane, Alton & Horst, LLC in Columbus, Ohio. To learn more about me, visit my law firm's website at http://www.lanealton.com/