The Update: Spring Issue

President's Message

By: Paul W. McCartney

2024 OACTA President

As President of OACTA, it is expected you attend every OACTA event, from seminars to coffee chats to happy hours. Yes, it is expected, but I have learned that it is an incredible benefit to the position.

In April, I attended both the Insurance Coverage Seminar on April 12th and the Women in the Law Summit on April 25th and 26th. My practice does not include insurance coverage, and I am not a woman in the law. Yet, I have three important takeaways from my attendance.

First, I am impressed and overwhelmed by the high quality of the seminars put on by OACTA. The topics were great; the speakers were great; the presentations were great; and the locations were great. I listened intently to each presentation they were so good. Kudos to Michael Neltner and Megan Faust, Chair and Vice-Chair of our Insurance Coverage Committee, and to Gretchen Koehler Mote and Nicole Mitchell, the Chairs for the Women in the Law Committee. And of course, many thanks to our Executive Director, Debbie Nunner, and to Nina LeBlanc, our Member Services Coordinator, whose efforts are essential to our successful seminars.

My second and third takeaways come from the Regional Women in the Law Summit. Other than the two male speakers, I was the only male in attendance. Quickly, a running line became a speaker looking at me and saying, “Sorry, Paul, but…” I certainly had more mentions than anyone else in the room!

At the conclusion of the seminar, one of the attendees from another state introduced herself to me. She inquired-diplomatically-as to why I attended. I told her I was there as the President of OACTA, which is true. I was there to support OACTA and to support Gretchen and Nicole. But I added there were two other reasons I was there.

One, I have a daughter who is a woman in the law. I am obviously tremendously proud of her, yet in her seven years of practice I have observed firsthand the unique challenges that female lawyers face that I do not (for instance, I have never been mistaken as the court reporter). The greater issue, though, is the importance for all lawyers, regardless of gender to understand the unique challenges our female colleagues face. According to the American Bar Association, 39% of practicing lawyers are female. It is not just women that face unique challenges. Our colleagues of diverse backgrounds also face challenges. Unless we are committed to confronting these challenges by discussing them, we as attorneys will not overcome these issues. I am extremely proud that OACTA, in these times of blowback to diversity, equity and inclusion efforts, remains committed to DEI.

Two, some of the issues female lawyers face are issues that everyone who practices law faces. One of my first mentors was old enough to be my father. When his kids were young, he had a secondary role in their childhood. When he came home after work, his kids had been fed and were ready for bed. They would come in and kiss him goodnight. His wife would then put them to bed. She would then come back downstairs and the two of them would eat together. Fast forward 30 years. He and his wife became the guardian of one of his granddaughters. The afterwork routine was different. The three of them would eat together. It was he that went upstairs and put her to bed and read bedtime stories. He rued that he had not done this with his own children acknowledging that he missed out.

The law is a jealous paramour. It is difficult to balance, regardless of gender, the demands of being a lawyer and having a rewarding personal life. Our younger lawyers are pushing back against the model in which I was a baby lawyer. They are right. We as a group need to develop a model for the practice of law that allows professional success but also prioritizes our personal lives. This transcends gender and is a People in the Law issue.

Mark Your Calendar!

May 17, 2024

OACTA Coffee Chat

via Zoom

June 5, 2024

OACTA Webinar

"Tire Analysis - Beyond 'Round and Black'"

via Zoom

Sponsored by: Cavitch, Familo & Durkin

August 2, 2024

OACTA Personal Injury Seminar

Quest Conference Center Westerville, OH

Save the Date!

September 3, 2024

OACTA Foundation Golf Outing

Pinnacle Golf Club

Grove City, OH

Save the Date!

November 14-15, 2024

OACTA Annual Meeting

Hyatt Regency Columbus

Columbus, OH

Save the Date!

2024 Ohio Rule Changes

The Ohio Supreme Court has submitted the final version of changes to the Appellate, Civil and Evidence Rules to the General Assembly. Unless both houses concur in rejecting a proposed amendment, they take effect July 1.

Among the changes are the following:

Waiver of Service of Summons Civ.R. 4(D)(1) & (2) and Civ.R.4.7 (B) & (C)

The proposed rule provides that a party’s attorney is presumed to be authorized to waive service of summons. Under the current Rule, only a party can waive service of summons. A waiver signed by a party is only effective if the waiver sets forth a mailing address or e-mail address. That address will be deemed a proper address for service during the case. The waiver form for Civ.R>4.7 is updated to require the service address and e-mail address be provided.

If this rule takes effect, prudence might suggest attorneys waive on behalf of a client after confirming that with the client.

The amendment clarifies if a party over whom the court has personal jurisdiction without good cause fails to agree to waive service, the party can be ordered to the costs to serve the party and the expenses including attorney’s fees to the motion to collect the service expenses.

Time Limit on Depositions Civ.R.30 (D)

Ohio will now follow the Federal Rule. Depositions are limited to one day of seven hours unless otherwise stipulated or ordered by the court. The amendment states “The court shall allow additional time consistent with Civ.R.26(B)(6)(a) and (b) if needed to fairly examine the deponent or if the deponent, another person, or any other circumstance impedes or delays the examination.” The court shall allow additional time consistent with Civ.R.26(B)(6)(a) and (b) if needed to fairly examine the deponent or if the deponent, another person, or any other circumstance impedes or delays the examination.

Evidence Rule 702

Ohio’s rule adopts the two key changes made last December to the Federal Rule. The burden is now on the proponent of the expert testimony to demonstrate to the court that it is more likely than not that all the requirements of the rule are met by the expert including that the “expert’s opinion reflects a reliable application of the principals and methods to the case.” The factors are stated slightly differently, but with these two changes to the Ohio rule should allow us to use federal cases in support of any motions arguing how to apply Rule 702.

Click here to view the final rules.

OACTA Insurance Coverage Seminar Wrap-up

We were pleased to return to Grange Insurance on April 12 for the Insurance Coverage Seminar. There was a fantastic line-up of speakers, covering timely topics such as as a presentation on professionalism by Chief Justice Sharon Kennedy.

The seminar offered up to 5.5 CLE credits, including 1.0 hr of APC/ethics credit and was open to Attorneys and Non-attorney Insurance Claims Professionals.

Chief Justice Kennedy

Thank you to our Insurance Coverage Seminar Sponsors!

OACTA Recruit One Campaign Winners

Congratulations to the winners of the 2024 OACTA Recruit One Campaign!

Daniel Hurley, Plunkett Cooney

Jacob Levine, Plunkett Cooney

The Recruit One Campaign helped to bring in many new members and encourage participation and involvement from current OACTA members. Thank you to all who participated! Additionally, thank you to Lexitas for generously sponsoring the prize of a $750 gift card! OACTA and its members appreciate your support.

Is AI a Tool or Threat for Legal Professionals?

The rise of artificial intelligence (AI) within the legal sector presents both challenges and opportunities. As AI technologies become more prevalent, concerns about job security and the future role of legal professionals have surfaced.

View the full article from Lexitas HERE

Welcome New OACTA Members Since January!

Kyle D. Baker, Cory, Meredith, Witter & Smith L.P.A.

Jacob Raymore, CentiMark Corporation

Sarah Fontana, Bonezzi Switzer Polito and Perry

Michael Loughry, Isaac Wiles & Burkholder

Marissa Kuryla, Reminger Co., LPA

Sarah Lodge, Teetor Westfall, LLC

Evan Schantz, Reminger Co. L.P.A.

Kimberly Kelly, Garvey Shearer Nordstrom PSC

Jaime Glinka, Poling

Elizabeth Arrick, Casey Bailey & Maines, PLLC

Katherine Barbiere, SMBP Law

Deborah Yue, Law Office of John L. Antel

Seth Kleinman, Universal Shield Insurance Group

Zach Weigel, Freeman, Mathis & Gary LLP

Daenayia Harris, Freeman Mathis & Gary, LLP

Jacob H Levine, Plunkett Cooney

Hannah Heinmiller, Garvey Shearer Nordstrom PSC

Kimberly Wagner, Central Mutual Insurance Company

Emilee Price, Central Mutual Insurance Company

OACTA Coffee Chat

Join your peers at an OACTA Coffee Chat via Zoom! The next coffee chat will be held on Friday, May 17 at 8:30 a.m. The topic of discussion will be “Physician Practice Risks Posed by Patient Cannabis Use”

Upcoming OACTA Lunch & Learn Webinars

"Tire Analysis - Beyond 'Round and Black'"

Wednesday, June 5, 2024 | 12:00 - 1:00 PM

Tires may seem mundane, but they are an integral part of the automotive industry and modern life. In this course, participants will learn how tires are designed and manufactured, their different applications, and what to consider when investigating tire failures. Case studies of real-world scenarios will demonstrate a variety of tire failures and showcase how witness marks on tires, vehicles, and roadways can aid in accident reconstruction and standard of care questions.