Spring 2025 Columbus Bar Lawyers Quarterly

A publication of the Columbus Bar Association | www.cbalaw.org

TABLE OF CONTENTS Columbus Bar Association Editorial Board

SPRING

CBA Leadership

7

Chair Caitlyn Johnson

Board Members Joshua Cartee Lisa Critser Matthew Jalandoni Janyce Katz Tami Kamin Meyer Garth Robotham Melanie Tobias Doug Vonderhaar

Life Outside the Law (Cont.)

A Bold Future for the CBA: Thank You for Making It Possible Aracely Tagliaventi

You Belong at the CBA

Reflection 55 AonOne-Year My Time in South Africa Miranda West

Sustainer Spotlight, and More

Spring ’25: AI and Emerging Technology in Law

Bar Insider

Lexi Foster Leah Dotson

23

The Columbus Bar Association Welcomes Upgrade to Free Legal Research Benefit for Members with vLex Fastcase Ed Walters The Columbus Bar Association Helps Attorneys and Law Firms Control Expenses and Grow

71

Artificial Intelligence: Potential Opportunities and Obligations David M. Wilson

83 Advancing Technology and

Growing Risk: The Privacy Concerns of Artificial Intelligence Gregory A. Tapocsi

Jill Snitcher

Points of Practice All in the Family:

29 What the Sixth Circuit’s Ruling on “In Loco Parentis” Relationships Means for FMLA Compliance Kathryn Brown

Updates in 35 E-Filing Probate Court Magistrate Kelly A. Green NOTICE: Statements or opinions expressed herein are those of the authors and do not necessarily reflect those of the Columbus Bar Association, its officers, board, or staff. Any statements pertaining to the law contained in this magazine are intended solely to provide broad, general information, not legal advice. Readers should seek advice from a licensed attorney with regard to any specific legal issues.

Health Through Nutrition

10 Membership Welcome,

Editor & Designer

Columbus Bar Association 230 West St., Suite 100 Columbus, OH 43215 (614) 221-4112 www.cbalaw.org

You Feel What You Eat:

45 Optimizing Mental

Beverly Endslow

17

Advertising Leslie Klenk Burgie Media Fusion (614) 554-6294 leslie@burgiemediafusion.com

2025

Life Outside the Law with Artistic 39 Lawyers License: Sarah Pomeroy Heather Sowald

Keyword to 89 From Context: Crafting

Legal AI Prompts for Better Results Jennifer Wondracek

Intelligence 97 Artificial in Private Practice Matthew J. Schonauer

Governance – 103 AI Practical Advice for Companies in Developing and Implementing AI Use Policies

Kristopher J. Chandler

Intelligence 109 Artificial and Lawyer Ethics D. Allan Asbury

Write for CBA Publications!

CBA Members interested in writing should email publications@cbalaw.org for more information. CLE credit eligible.

The Summer 2025 Issue will feature articles on Criminal Law. The Fall 2025 Issue will feature articles on Labor and Employment Law.

CBA Leadership

A BOLD FUTURE FOR THE CBA: THANK YOU FOR MAKING IT POSSIBLE

By Aracely Tagliaventi

Time flies. It feels like it was just yesterday when I was sworn in as the President of the Board of Governors. Yet, here I am writing my last piece with the president moniker.

As I reflect on my time as president of this incredible organization, I am filled with immense gratitude and pride.

The Columbus Bar Association has always been a pillar of support, professional growth and advocacy for the legal community in Central Ohio. Today, thanks to the overwhelming generosity and dedication of our members, we have taken a monumental step forward.

7 | Columbus Bar Lawyers Quarterly | Spring 2025

Two years ago, the Bar of the Future Capital Campaign set out with an ambitious goal: raising $500,000 to fund our move to a state-of-the-art facility in the Arena District. I am overwhelmed with joy to report that through the unwavering commitment of 73 donors, including 17 major contributors, we not only met but exceeded our goal, raising $535,000. This success is a testament to the strength of our legal community and our shared vision for the future.

Investing in the Future of the Legal Profession Our new space is more than just a building, it’s a hub for innovation, connection and growth. The funds raised will enhance our technological capabilities, ensuring that our members have access to cutting-edge resources — including a custom-built production studio for high-quality legal programming. The new location provides unparalleled accessibility, with first-floor access and convenient parking, making it easier than ever for members to engage with the CBA. Additionally, by optimizing our footprint, we have ensured long-term financial sustainability that will strengthen the foundation of our organization for years to come.

8 | Columbus Bar Lawyers Quarterly | Spring 2025

A Community Effort This achievement would not have been possible without the dedication of our campaign leadership, volunteers and donors. To our campaign honorary chairs, Bob Weiler and Frank Ray; campaign cochair, Dave Thomas; and every supporter who contributed time, resources and passion — thank you. Your commitment to the CBA and the legal profession has created lasting change.

Join Us in This New Chapter As I conclude my term as president, I do so knowing that the CBA is entering an exciting new era. But our work is far from over. I invite each of you to experience firsthand what we have built together. Visit our new home. Attend an event. Utilize the state-of-the-art technology available to you. Most importantly, stay involved and continue investing in this organization that gives so much to the legal community in Central Ohio.

The future of the CBA is bright because of you. Let us continue to build, innovate and elevate our profession together.

Aracely Tagliaventi The Ohio State University Wexner Medical Center aracely.tagliaventi@osumc.edu

9 | Columbus Bar Lawyers Quarterly | Spring 2025

You Belong at the CBA

WELCOME to the COLUMBUS BAR! Alexander Strohm Alicia Gilbert Catherine Bunch Christopher Tamms Diana Rosales Douglas Kutsko Eric Fenstermaker Hailey Showers Jennifer Lee Jerrell Walker Jessie Owens Jordan Hollins Jordan Raudins

Joseph Paulozzi Julia Caple Kaitlyn Geiger Kasey Hughes Kristopher Chandler Laura Grolla Mariam Salem Mary Leneghan Megan Lingle Olivia Willeke Sundy Huey Tammy Ross Yue Zeng

COLUMBUS BAR ASSOCIATION SUSTAINING MEMBERS

THANK YOU Your support makes a difference.

George J. Arnold Paul Giorgianni Belinda S. Barnes David A. Goldstein Gerald T. Baynes James H. Gordon Joanne S. Beasy Daniel Robert Gurtner David S. Bloomfield Allen L. Handlan Sheila Willamowski Boehner Mark Hatcher Thomas J. Bonasera Barron K. Henley Sandra E. Booth Michael J. Hickey James H. Bownas Douglas E. Hoover William J. Browning John W. Hoppers Stephen R. Buchenroth Cynthia Ellis Hvizdos Bruce H. Burkholder Richard B. Igo William L. Byers IV Frederick M. Isaac Joel R. Campbell Kelly E. Jena James C. Carpenter Vicki L. Jenkins W. Jeffrey Cecil John S. Jones Mark C. Collins Michael S. Jordan Richard S. Donahey Glennon J. Karr Anya Light DuVivier Rebecca C. Kells Robert D. Erney Russell A. Kelm Henry L. Fein Robert W. Kerpsack John C. Fergus Russell W. Kessler Stephen C. Fitch Allen S. Kinzer Russell N. Flickinger Kenneth R. Kline Amy E. Flowers Jennifer Christina Lee Ronald A. Fresco Richard L. Levine Scott N. Friedman Scott T. Lindsey Preston J. Garvin David K. Lowe Nelson E. Genshaft Michael D. Martz Peter John Georgiton Timothy J. McGrath Jack G. Gibbs Samantha Meng

Walter W. Messenger David P. Meyer Richard F. Meyer Bonnie D. Michael Adam C. Miller Scott R. Mote Stephen A. Moyer John C. Nemeth William A. Nolan Christopher T. O'Shaughnessy Thomas P. Pannett David C. Patterson Samuel A. Peppers William G. Porter Charles C. Postlewaite Gary Paul Price Frank A. Ray Susan D. Rector Mark R. Reitz James Evans Roberts Jr. Ronald L. Rowland Philip P. Ryser Michael D. Saad Zachary Schiff Charles A. Schneider Richard W. Schuermann Daniel Geoffrey Schumick David M. Scott Philip H. Sheridan Kimberly Callery Shumate Jessica Skelly

Carl D. Smallwood Fredric L. Smith Justin Solze Michael L. Squillace A.C. Strip Robin L. Strohm Ira B. Sully Thomas M. Taggart Aracely Tagliaventi J. Troy Terakedis David H. Thomas Charles E. Ticknor Melanie R. Tobias Steven J. Umaña William John Wahoff Thomas H. Wallace Charles C. Warner Geoffrey E. Webster Scott N. Whitlock Bradley B. Wrightsel Benjamin L. Zox

Bar Insider

The Columbus Bar Association Welcomes Upgrade to Free Legal Research Benefit for Members with vLex Fastcase

By Ed Walters

After the 2023 merger of Fastcase with global legal research service vLex, the merged company has launched a major upgrade to the free CBA legal research benefit, with a new editorial citator called Cert and new AI-powered skills.

The CBA has partnered with Fastcase since 2014 to offer complimentary legal research to its members. If you’re a member of the CBA, you get free access to Fastcase’s nationwide legal research service — cases, statutes, regs, court rules, constitutions, all 50 states and federal. The service normally costs $1,300 per year, but the service is a prepaid benefit of membership to the CBA. 17 | Columbus Bar Lawyers Quarterly | Spring 2025

A free legal research benefit almost sounds too good to be true, but Fastcase was founded in 1999 with the mission to democratize the law and to make the practice of law smarter. The service was founded by lawyers who wanted to make access to the law a cornerstone of practice, not a privilege reserved for the largest law firms in the world. Working with bar associations in virtually every state in the country, the company has made legal research available to more than 1.1 million lawyers in the United States.

A merger of strength on strength In 2023, Fastcase merged with vLex, who since 2000 had been pushing in parallel to democratize the law in the rest of the world. The two companies shared a common mission, and both are veterans of legal. But while Fastcase was building a very deep library of legal materials in the United States, vLex was founded in Spain and worked to democratize the law in Europe, Latin America and Asia.

The combination was a perfect fit and formed one of the world’s largest law libraries, with more than 1 billion documents in the combined library from more than 110 countries around the world and more than 3 million subscribers. Veteran legal journalist Bob Ambrogi said that the merger would “reshape the legal research and legal technology landscape on a global basis.”

This merger makes the Columbus Bar Association’s benefit better than ever. The combined company continues its mission to work with state bar associations to make legal research an included part of bar dues for lawyers. The Fastcase legal research service is called vLex Fastcase in the United States, and the global corporate name remains vLex. The mission for both companies remains the same — to ensure that people win or lose cases based on who has the law on their side, not based on who can afford to find out whether the law is on their side.

18 | Columbus Bar Lawyers Quarterly | Spring 2025

A big upgrade for Columbus Bar members This also means that the Columbus Bar’s legal research benefit is still free, but now better than ever. The new version of the Columbus Bar Association member benefit from vLex Fastcase offers some significant upgrades to members.

Cert Citator. Is your case still good law? vLex Fastcase will include the robust Cert citator, a combination of AI and a human editorial review of more than 700,000 citations. The teams have been working on the citator for four years of research, development and testing. The result is a new citator that is more powerful than ever.

Vincent AI. vLex Fastcase will include some of the features of the amazing Vincent AI platform from vLex — included in your bar plan.

Vincent uses artificial intelligence to create headnotes for judicial opinions, find references similar to the document you’re reading and has tools to translate research into other languages, which can be very helpful for advising clients for whom English is not their native language.

Also, some of the powerful tools from Vincent AI will be available for an additional monthly subscription, such as AI-powered research, drafting memos, redlines, reviewing contracts, drafting briefs, M&A due diligence and much more.

Sleek, New Interface. The new vLex Fastcase features a more streamlined, easier-to-read design to make research simpler and more accessible — for experts and beginners alike.

Same Benefit, but Better. The benefit still includes the same free access to up-to-date judicial opinions, statutes, regulations and more for Ohio and the other 49 states, as well as federal. If you subscribe to secondary publications, or the briefs and pleadings database, those subscriptions move with you to the new platform.

19 | Columbus Bar Lawyers Quarterly | Spring 2025

Logging in to the research benefit works the same way. Visit the Columbus Bar Association website at https://www.cbalaw.org, and log in with your username and password. That will log you directly into your personalized start page in vLex Fastcase.

The Columbus Bar Association has offered legal research as a free benefit to members for many years, and as time goes on, the research software offered by the Bar gets better and better over time. The new release of vLex Fastcase is an important step forward in this continuing process of improvement.

This new update will make it easier than ever to prepare work for clients, improving an already-great legal research service.

Ed Walters, Chief Strategy Officer at vLex and co-founder of Fastcase vLex Fastcase

20 | Columbus Bar Lawyers Quarterly | Spring 2025

THE COLUMBUS BAR ASSOCIATION HELPS ATTORNEYS AND LAW FIRMS CONTROL EXPENSES AND GROW

By Jill Snitcher

Thompson Reuters’ recent Report on the State of the Legal Profession points out that law firm expenses grew by 5% in 2024 (2% more than in prior years) due to more investments in technology, marketing and business development.

According to Thompson Reuters, “[t]ech spending as well as knowledge management costs came in well above the historical average level, followed by outside services, marketing, business development and (as an outlier) benefits.”

That’s where the Columbus Bar Association comes in. We understand that in today’s competitive environment our members expect more than CLE and networking opportunities. Members expect resources that help them grow their practices and thrive. But many members aren’t aware of the vast array of services we provide to help control costs and expand practices.

23 | Columbus Bar Lawyers Quarterly | Spring 2025

Marketing and Business Development ColumbusLawyers.com

For more than 70 years Ohioans searching for the right lawyer have looked to the Columbus Bar Association for help. ColumbusLawyers.com is a new sleek and user-friendly resource created to meet this demand. It features profiles that highlight the experience, qualifications and areas of expertise of each lawyer and firm — making it simple for Ohioans to evaluate potential representation regardless of their familiarity with legal matters. Only Columbus Bar members can be listed on the online platform.

Digital Production Services Looking to enhance your website with curated photography, improve your social media presence with dynamic photos, expand your firm’s Google presence with video or deliver programming with high-quality live streaming support? If so, the Columbus Bar has the equipment and skill to bring your message to life. Our experienced media team supports digital productions that are as big or as small as you need. No need to invest in expensive equipment or training — we can cut your costs and time in half, all while improving the quality of your delivery.

24 | Columbus Bar Lawyers Quarterly | Spring 2025

Columbus Bar Lawyers Quarterly Interested in raising your profile as a thought leader?

Articles published in Columbus Bar Lawyers Quarterly are delivered to more than 4,000 readers, including potential clients and referral sources.

Writing about legal developments in your practice area is a no cost way to build your reputation as a thought leader.

Practice Groups and Professional Development Networks Attend a variety of Practice Group and Professional Development Network meetings and events to stay connected and build your network. These opportunities are a great way to meet judges and other successful lawyers, gain knowledge on a wide variety of topics and stay current on legal updates that may impact your clients.

Technology and Knowledge Management VLex Fastcase Online Legal Research Legal research can cost law firms thousands of dollars per month, but the CBA covers that cost for members by partnering with vLex Fastcase, one of the best online legal search platforms on the market.

25 | Columbus Bar Lawyers Quarterly | Spring 2025

vLex Fastcase is a new, improved version of the existing Fastcase legal research platform, with enhancements that revolutionize access to legal documents.

(Don’t miss their article in this issue of the Columbus Bar Lawyers Quarterly.) This innovative platform offers attorney and practicing paralegal members of the bar association access to comprehensive US legal materials. Enhanced by vLex’s advanced AI-driven tools, vLex Fastcase provides the most comprehensive collection of legal content worldwide on a single intuitive platform. This allows for unparalleled efficiency and a competitive edge in case preparation and strategy.

All the benefits are included for no additional cost with your CBA membership.

Employee Benefits Insurance For more than 30 years, the CBA has operated a full-service insurance agency to bring members competitive pricing on a vast array of employee benefits. With four licensed insurance agents on staff, we provide health, dental, vision, Medicare, disability, professional liability coverage and surety bonds. Our unique plan designs can provide incredible savings to members, while also offering employee retention benefits that support your firm’s ongoing success. Members receive individualized attention to products that meet their unique needs, and the proceeds are reinvested in the CBA.

26 | Columbus Bar Lawyers Quarterly | Spring 2025

Staffing We helped create Dawson Legal Staffing to offer local law firms access to qualified legal support staff. And proceeds generated from these services are reinvested back into our profession. It’s a win-win for the entire legal community.

Where You Belong All these products and services are created with our members in mind. They are uniquely tailored to meet the needs of our local attorneys and law firms. We not only provide the services law firms need to succeed while controlling expenses, but we also reinvest the revenue generated back into our community and profession. It doesn’t get any better than that.

Join us at the Columbus Bar Association where we keep you current, competitive and connected. We are your community bar where you belong.

Jill Snitcher, Executive Director Columbus Bar Association jill@cbalaw.org

27 | Columbus Bar Lawyers Quarterly | Spring 2025

Points of Practice

ALL IN THE FAMILY:

WHAT THE SIXTH CIRCUIT’S RULING ON “IN LOCO PARENTIS” RELATIONSHIPS MEANS FOR FMLA COMPLIANCE

By Kathryn Brown U.S. Department of Labor statistics

core set of family relationships

reveal the most common type of

recognized under the FMLA.

Family and Medical Leave Act (FMLA) violation is denial of an

In

employee’s leave request.[1]

Enterprises, a three-judge panel of

In a

Chapman appellate

v. court

Brentlinger

recent ruling, the Sixth Circuit

the

interpreted

Court of Appeals established a

expansively the meaning of in loco

new framework for employers to

parentis for purposes of the FMLA,

use when evaluating FMLA leave

the bedrock federal statute that

requests to care for a sibling or

guarantees eligible employees a

other family member outside the

right to job-protected leave in 29 | Columbus Bar Lawyers Quarterly | Spring 2025

various circumstances. The appellate

The statutory definition of “parent”

court remanded the case for the

under the FMLA is the biological

district court to determine whether the

parent

employer

an

employee

or

an

the

FMLA

by

individual who stood in loco parentis

plaintiff’s

request

for

to an employee when the employee

FMLA leave to care for her adult sister.

was a “son or daughter.”[4] The

The ruling has significant implications

FMLA defines a “son or daughter” as

for the scope of FMLA interference

the biological, adopted, or foster

claims, making it a must-read for labor

child, a stepchild, a legal ward, or a

and employment counsel here in the

child of a person standing in loco

Sixth Circuit.[2]

parentis who is either under 18 years

denying

violated

of

the

of age or is 18 years of age or older and incapable of self-care because

Legal Background

of a mental or physical disability.”[5] The FMLA entitles an eligible employee to take up to 12 workweeks of leave to

Notably, the FMLA statute does not

care

define in loco parentis.

for

a

narrow

set

of

family

Absent a

members in specific circumstances. In

statutory meaning, the Department of

pertinent part, eligible employees may

Labor has undertaken to explain in

take a leave of absence to care for a

loco parentis relationships for FMLA

“parent,” “son or daughter” or “spouse”

purposes

with

guidance.[6]

a

“serious

health

condition,”

as the FMLA defines each of those terms.[3]

30 | Columbus Bar Lawyers Quarterly | Spring 2025

in

regulations

and

The plaintiff later filed claims against

Factual Background The plaintiff in Chapman worked as a finance manager for a luxury car dealer in the Columbus area.

The

plaintiff’s

the

adult

sister

asked

plaintiff to be her primary caregiver after

a

terminal

cancer

diagnosis

rendered her incapable of self-care.

When

the

plaintiff

requested

to

commence a leave of absence under the FMLA leave to care for her sister in her final days, the employer denied the request. The employer concluded that, because the FMLA does not

the employer in the Southern District of

Ohio,

including

interference

and

claims

of

retaliation

in

violation of the FMLA.

On July 7,

2023, the district court granted the employer’s

motion

for

summary

judgment, dismissing each of the plaintiff’s claims.

In key part, the

district court concluded that, for FMLA leave purposes, the in loco parentis

relationship

must

have

started while the “child” was under 18 years old.

provide a right to leave to care for a sibling, the plaintiff was not eligible for FMLA leave.

Around a week later,

when the plaintiff did not appear for work, the employer separated her from employment. Days after learning of her termination, the plaintiff’s sister passed away.

The Sixth Circuit’s Ruling On December 13, 2024, the court reversed the district court’s ruling.

Resolving impression,

an the

issue Sixth

of

first Circuit

concluded in a precedential decision that an in loco parentis relationship 31 | Columbus Bar Lawyers Quarterly | Spring 2025

that

develops

when

both

the

“parent” and the “child” are adults may form a basis for an employee to take FMLA leave. Based on this expansive

interpretation

of

the

statute, the court reasoned that, on remand, the plaintiff may be able to establish that she was entitled to take

FMLA

leave

during

her

employment with the defendant if she can show intent to assume a parental role over her sister.

Practical Pointers The Sixth Circuit’s opinion in Chapman illustrates the fact-intensive nature of FMLA leave inquiries. It is critical that

FMLA-covered

employers

ensure that anyone who interfaces with their employees about leaves, whether

that

be

in-house

human

resources professionals or third-party vendors, avoid reflexive denials of leave requests.

The appellate court articulated a set of non-exclusive factors to consider in determining whether the plaintiff intended to form an in loco parentis relationship when she requested to take FMLA leave. Among the factors the court set out for examination upon remand are: how the plaintiff described her relationship with her sister to others and whether the plaintiff

assumed

obligations

towards her sister, including with respect to finances and day-to-day care

needs.

The

Sixth

Circuit

emphasized that the inquiry is a “flexible one” with the touchstone being intention.

32 | Columbus Bar Lawyers Quarterly | Spring 2025

The capacious reading of in loco parentis means employees may have a right to job-protected leave under the FMLA to care for an adult sibling, grandparent,

aunt,

uncle

or

other

family member whose incapacitating medical

condition

incapable of self-care.

renders

them

Employers seeking to manage the risk of FMLA claims may also want to take a fresh look at their FMLA policies and practices to ensure they act appropriately in notifying employees of their rights under the FMLA and responding to requests for leave.

Further, as employers increasingly turn

to

AI-based

streamline

human

software

to

resources

functions, including leave of absence management,

oversight

of

these

resources

essential

to

ensure

is

compliance with the FMLA and other laws affecting the workplace.

1. U.S. Dept. of Labor, Wage and Hour Div., Family and Medical Leave Act, Common FMLA Violations [FY24], https://www.dol.gov/agencies/whd/data/charts/fmla.

2. Chapman v. Brentlinger Enterprises, 124 F.4th 382 (6th Cir. 2024). On January 27, 2025, the plaintiff/appellant’s petition for en banc rehearing before the full appellate court was denied, letting stand the panel’s ruling.

3. 29 U.S.C. 2612(a)(1)(A)-(C).

4. 29 U.S.C. 2611(7).

5. 29 U.S.C. 2611(12).

6. See, e.g., 29 C.F.R. 825.122(d)(3); U.S. Dept. of Labor, Fact Sheet #28B: Using FMLA Leave When You Are in the Role of a Parent to a Child (Mar. 2025), available at https://www.dol.gov/agencies/whd/factsheets/28B-fmla-in-loco-parentis; U.S. Dept. of Labor, Fact Sheet #28C: Using FMLA Leave to Care for Someone Who Was in the Role of a Parent to You When You Were a Child (Mar. 2025), available at https://www.dol.gov/agencies/whd/fact-sheets/28Cfmla-eldercare; U.S. Dept. of Labor, Administrator’s Interpretation No. 2010-3, Clarification of the Definition of “Son or Daughter” Under Section 101(12) of the Family and Medical Leave Act (FMLA) as it Applies to an Employee Standing “In Loco Parentis” to a Child (June 22, 2010), available at https://www.dol.gov/sites/dolgov/files/WHD/legacy/fil es/FMLAAI2010_3.pdf.

7. AARP, Caregiving in the United States 2020 (May 14, 2020), https://www.aarp.org/pri/topics/ltss/familycaregiving/caregiving-in-the-united-states.

Final Thoughts Roughly one-fifth of U.S. adults will serve as a caregiver at some point.[7] With this reality in mind, counsel advising

employers

should

remain

developments

or

employees

vigilant under

to

the

legal FMLA,

including the Sixth Circuit’s ruling

Kathryn Brown Duane Morris LLP krbrown@duanemorris.com

in Chapman.

33 | Columbus Bar Lawyers Quarterly | Spring 2025

E-Filing Updates in Probate Court

By Chief Magistrate Kelly A. Green

Exciting things are happening at the Franklin County Probate Court! The court is modernizing its clerk functions by moving all case types into Tybera’s e-flex system, the current vendor for Franklin County e-filing. Practitioners with experience e-filing in the county will be familiar with the system, which is already used in probate civil cases, name changes, adoptions, and involuntary civil commitments, as well as cases filed in the other divisions of

the Franklin Pleas Court.

County

Common

Since being elected to a six-year term that began in 2021, Judge Jeffrey D. Mackey’s primary goal has been increasing access to justice. He has taken two main approaches towards that end: First was building an equitable HR structure, including overhauling staff recruiting practices to ensure the hiring of qualified staff 35 | Columbus Bar Lawyers Quarterly | Spring 2025

who more closely reflect the community being served. Second was modernizing the court’s technology and improving workflows and processes. The move to e-filing is a huge milestone that will be good for staff, the bar association and the public.

As with existing e-filed cases, once each case type has gone live, all documents will be required to be electronically submitted to the court.

This will include all filings in existing cases, not simply cases initiated after e-filing begins. After a brief transition phase, hard copy documents will no longer be accepted by the court for filing. The most notable exception to mandatory e-filing is the filing of original wills. The court created a placeholder document for wills in the system to be filed when an estate case is open.

36 | Columbus Bar Lawyers Quarterly | Spring 2025

The filer then has 14 days to submit the hard copy original will to the court, which a clerk will stamp and upload. A public filing station at the court will be available for pro se filers to use.

Following a countywide system upgrade to the e-flex system on February 18, 2025, the court began to transition new case types into the system, starting with estates and trusts. E-filing for estates and trusts went live with a soft-launch on April 7, 2025. All estate and trust actions are now able to be e-filed. The last day the court will accept paper filings in all existing and newly filed estate and trust cases will be Friday, May 9, 2025. From there, guardianship, protective services, birth corrections, and other miscellaneous case types will be moved into the system as

configuration and testing is completed for each phase. The court expects to begin e-filing guardianship cases on April 28, 2025. The expected final date for accepting paper filings in guardianship cases is Friday, June 6, 2025. The court continues to work closely with vendors on issues that arose during the system upgrade to ensure a smooth transition to e-filing. The court anticipates all case types being fully e-filed in the first half of 2025.

Keep an eye to the court’s website for updates and go-live dates for all remaining case types. The court is working to update forms, which will be available on the court’s website and probate form software companies. The court is also planning training sessions for practitioners with the updated processes and procedures for the e-filing of specific case types. These sessions will be listed on the court’s website as they become available.

Chief Magistrate Kelly A. Green Franklin County Probate Court kagreen@franklincountyohio.gov

37 | Columbus Bar Lawyers Quarterly | Spring 2025

Life Outside the Law

LAWYERS WITH ARTISTIC LICENSE:

Sarah Pomeroy

By Heather G. Sowald

While working to make her community

Sarah joined the high school jazz band

better

as a pianist. She participated in their

and

safer,

Sarah

Pomeroy

surrounds herself with music.

annual performances, competed in statewide solo classical competitions,

Sarah grew up in Worthington, is the

and, for her senior recital, performed

daughter of local attorneys Rosemary

ten classical pieces.

and Mark Pomeroy and has a brother, Michael—an

accomplished

guitarist

himself. Sarah’s parents performed in their church choir and in competitive barbershop quartets; plus, Rosemary is an accomplished pianist and was featured in the fall 2017 Lawyers Quarterly. Sarah began piano lessons at age 6, attended music camps and, at one time, toyed with the idea of becoming a professional pianist. She also played the clarinet, performing with Bishop Watterson’s marching and concert bands.

39 | Columbus Bar Lawyers Quarterly | Spring 2025

She still practices the piano several

and to find ways to work toward fixing

times a week as a way of de-

the problems. By the time she entered

stressing from her job.

Michigan

In fact, her

State

for

college,

she

neighbor admitted that he turns off

decided to pursue law instead of

his television just so he can listen to

music as a career in order to have the

and enjoy her piano playing.

opportunity to fight for individuals and her community.

After she graduated from The Moritz College of Law at O.S.U. (J.D. and M.A.

in

Public

Policy

and

Management, 2015), Sarah accepted a job at Jones Day in Washington, D.C. She happily mentions that her very first purchase in anticipation of the move to her own apartment there was a 1942 Steinway upright with its

Sarah says that her favorite thing is to dissect the nuts and bolts of each piano piece, discerning the emotions she can create and feel from the music. While she still plays classical pieces, Sarah has a wide repertoire ranging from jazz to musicals to holiday music, plus any other tunes that catch her fancy.

Her parents also raised her to be aware of what is going on in the world 40 | Columbus Bar Lawyers Quarterly | Spring 2025

original ivory keys. She made this

Her civic activities include running in

purchase even before she bought a

the 2024 primary for a statehouse

bed, couch or any other piece of

seat in 2024 (losing by only 20 votes).

necessary furniture. Not surprisingly,

She was the Co-Director of the New

she relied heavily on her piano

Leaders Council Columbus chapter

practice during her years in D.C.

and served as the Co-President of the ACS

Columbus

currently

Chapter.

serving

as

Sarah

the

is

CBA’s

Chair of the Government Agencies Several

years

later,

Sarah

practice group.

transferred to the firm’s Columbus office, and, shortly thereafter, she

In her free time, she enjoys traveling,

accepted

trying recipes from various world

a

position

with

the

Columbus City Attorney’s Office on

cuisines,

reading,

their Property Action Team.

musicals

and

Her

yoga,

enjoying

attending the

local

current position addresses public

restaurant scene with friends. When

nuisances in the community, such as

invited, she plays background piano

landlords and owners not properly

music for her parents’ parties—any

caring

excuse,

for

their

property,

which

create safety and blight problems.

she

says,

to

play

their

Baldwin grand piano.

41 | Columbus Bar Lawyers Quarterly | Spring 2025

Sarah is currently working through some of her favorite Chopin and Debussy pieces.

She would like to

resume piano lessons and ramp up her jazz improvisation skills.

The

great love of her life, she says, is music, and she either has it on in the background or she is playing her piano, with the pipe dream of joining a jazz trio.

She knows she will never

lose the joy of having music in her life and looks forward to continuing the joy of discovering and learning new pieces.

Heather G. Sowald, Esq.

42 | Columbus Bar Lawyers Quarterly | Spring 2025

YOU FEEL WHAT YOU EAT: OPTIMIZING MENTAL HEALTH THROUGH NUTRITION

By Beverly Endslow

The saying "you are what you eat" has

activity means it needs a steady

long emphasized how diet influences

supply of fuel, which comes from the

physical health, but growing evidence

foods you consume. The quality of

highlights a deeper connection: What

that fuel is crucial, as it directly

you eat affects not just your body,

impacts

but

performance of your brain — and, by

your

mind

as

well.

A

more

accurate phrase might be: You feel

the

structure

and

extension, your mood.

what you eat.

You know that the legal profession As legal professionals, you are well

demands resilience, mental clarity and

aware that your brain is always active,

emotional

managing everything from thoughts

high-pressure

and

hours,

movements,

breathing

and

stability,

often

under

circumstances.

intense

workload

challenging

cases

Long and

heartbeat, to sensory perception. It

emotionally

can

works tirelessly around the clock,

leave you vulnerable to fatigue, stress

even when you sleep. This constant

and burnout.

45 | Columbus Bar Lawyers Quarterly | Spring 2025

Much like a high-end car, your brain

Nutritional psychiatry is an emerging

performs optimally when it receives

field

premium fuel. Nutritious foods rich in

between diet and mental health and

vitamins, minerals and antioxidants

how the foods you eat can influence

provide

your

essential

nourishment,

that

studies

mood

the

and

connection

behavior.

these

By

protecting the brain from oxidative

incorporating

nutritional

stress — a form of cellular damage

psychiatry principles, we can enhance

caused by free radicals produced

brain function, mood stability and

during oxygen use in the body.

overall well-being.

The Gut-Brain Connection The

gut-brain

axis

refers

to

the

communication pathway between the brain and the gut, largely facilitated by

the

gut

microbiome

—

the

collection of microorganisms in the digestive system. The gut produces about 90% of the body's serotonin, a neurotransmitter

that

mood.

gut

When

healthy,

it

quality" fuel from processed and

helps you manage stress and anxiety

refined foods, it struggles. Processed

more effectively.

instance, regulation

not

only

but

disrupt also

insulin

increase

inflammation and oxidative stress.

Numerous studies link a diet high in refined sugars to reduced cognitive function and an exacerbation of mood disorders like depression.

46 | Columbus Bar Lawyers Quarterly | Spring 2025

mental

is

However, when the brain is fed "low-

foods high in refined sugars, for

supports

the

regulates

resilience

and

Blood Sugar Stability

Neurotransmitter Production

Stable blood sugar is essential for

Certain nutrients play a vital role in

cognitive clarity, consistent energy

producing neurotransmitters, such as

levels

serotonin

and

emotional

stability.

and

dopamine,

which

Fluctuations in blood sugar due to

regulate mood, focus and motivation.

irregular or unbalanced eating can

A diet rich in amino acids, vitamins

lead

and

to

mood

swings,

irritability

minerals

can

support

and fatigue. A balanced diet will

neurotransmitter function — helping

help

avoid

blood

sugar

crashes

you

that

can

affect

focus

during

remain

clear-headed

and

emotionally balanced.

extended workdays.

Anti-Inflammatory Nutrition Chronic inflammation is linked to

Practical Food Recommendations for Good Mental Health

various

The following foods and nutrients are

mental

health

issues,

including anxiety and depression. An anti-inflammatory diet, rich in fruits, vegetables and healthy fats, can reduce inflammation and support brain health. This diet approach helps

protect

against

fatigue

—

for

ideal

cognitive

particularly beneficial for enhancing cognitive

performance,

emotional

stability and overall mental health, making them ideal additions to a busy lawyer’s diet.

high-stress

work environments.

47 | Columbus Bar Lawyers Quarterly | Spring 2025

A healthy gut microbiome is linked to

Omega-3-Rich Fatty Fish Omega-3 fatty acids, particularly EPA and DHA found in fatty fish, reduce inflammation, support brain structure

and

promote

production

of

mood-regulating

neurotransmitters. can

help

Regular

manage

the intake

anxiety

and

depression, boosting resilience.

reduce symptoms of depression and anxiety — ideal for handling the emotional demands of legal work. best

come

sources

from

enhanced

cognitive

function

—

essential for managing the stresses of the courtroom.

Complex

Carbohydrates

for

Energy Stability Complex carbohydrates like whole

Research shows that omega-3s can

The

improved mood, reduced anxiety and

of

omega-3s

salmon,

sardines,

mackerel and trout.

grains (e.g., oats, quinoa, brown rice) and starchy vegetables (e.g., sweet potatoes) release glucose gradually and keep blood sugar stable. They provide steady energy and help you avoid the fatigue that comes with blood sugar fluctuations.

Consistent

glucose

levels

support

Probiotic and Prebiotic Foods for Gut Health

focus and reduce irritability, helping

Probiotics, such as yogurt, kefir,

cases or meetings.

with mental endurance during long

sauerkraut and kimchi, introduce beneficial

bacteria

to

the

gut.

Prebiotics, such as garlic, onions, asparagus, bananas and oats, feed

Leafy Greens and Cruciferous Vegetables

these

bacteria.

Together

they

Dark leafy greens and cruciferous

promote

a

balanced

gut

vegetables

the

broccoli, brussels sprouts) are rich in

microbiome

and

enhance

gut-brain connection.

(e.g.,

spinach,

kale,

folate and antioxidants, which protect the brain from oxidative stress — a

48 | Columbus Bar Lawyers Quarterly | Spring 2025

broccoli, brussels sprouts) are rich in folate

and

antioxidants,

which

protect the brain from oxidative stress — a condition exacerbated by chronic work-related stress.

Nuts and Seeds Management

serotonin, which regulates mood and focus — ideal for maintaining mental clarity in high-pressure situations.

Nuts and seeds provide magnesium, a mineral known for its calming effects, that sustain energy. The best sources of nuts and seeds include almonds, walnuts, pumpkin seeds and chia seeds.

Magnesium

Lean Proteins Neurotransmitter Synthesis protein,

such

as

Stress

along with protein and healthy fats

Folate is essential for producing

Lean

for

for

promotes

in

nuts

relaxation,

and

seeds

which

can

reduce stress and improve mental

chicken,

clarity during demanding tasks.

turkey, eggs, tofu and legumes, provides amino acids necessary for producing

neurotransmitters

that

help manage stress and improve mood. Tryptophan, an amino acid in protein-rich foods, is a precursor to serotonin.

Antioxidant-Rich Berries for Brain Protection Blueberries, strawberries, raspberries and blackberries are packed with antioxidants that combat oxidative stress, which affects memory, mood and cognitive clarity.

Antioxidants in berries protect the

Sufficient protein intake enhances

brain and help reduce fatigue and

mood, boosts focus and supports

enhance memory, which is ideal for

mental alertness, especially helpful

improving focus on complex legal

when managing case complexities.

documents and tasks.

49 | Columbus Bar Lawyers Quarterly | Spring 2025

Staying

Dark Chocolate for Cognitive Boosting

hydrated

is

essential

for

maintaining focus, energy and mental clarity.

Dehydration

can

Dark chocolate with at least 70%

fatigue

and

disturbances,

cocoa

impairing

contains

flavonoids,

mood

productivity.

lead The

to best

compounds that promote blood flow

sources for hydration include water,

to the brain, and have been linked to

herbal teas and coconut water.

improved cognitive function.

Proper

hydration

helps

regulate

Dark chocolate can enhance mood

energy

levels

and

supports

and cognitive performance, offering

cognitive

function,

a

better

boost

in

productivity

and

emotional balance when consumed

focus

allowing

during

for

extended

periods of concentration.

in moderation.

Foods to Limit for Mental Health Optimization

Herbs and Spices for Cognitive Clarity Herbs like turmeric and rosemary contain

anti-inflammatory

compounds that support cognitive health. Turmeric’s active compound, curcumin,

has

been

linked

to

reduced symptoms of depression, while rosemary may improve focus and memory — both helpful when handling mentally taxing tasks.

Hydration for Focus and Endurance

50 | Columbus Bar Lawyers Quarterly | Spring 2025

Refined Sugars and Processed Foods These can cause rapid blood sugar spikes and crashes, leading to mood swings and irritability.

Excessive Caffeine Moderate

caffeine

alertness,

but

consumption

of

can

boost

excessive caffeine

may

increase anxiety and impair sleep; sleep is essential for mental health.

Alcohol While

Limit Sugary Beverages

moderate

alcohol

can

Sugary drinks can lead to

be

energy crashes, so consider

socially acceptable, excessive intake

unsweetened coffee, tea or

of alcohol can negatively affect mood

and

increase

anxiety

infused water.

or

depression risk.

Practical Tips for Legal Professionals Implementing

these

nutritional

principles in a busy legal lifestyle may be challenging, but here are some strategies to make it easier:

Using Nutrition to Thrive Legal

professionals

need

emotional

mental

Prepare Snacks

resilience,

Keep nutrient-rich snacks like

focus to thrive in their demanding

nuts, yogurt and berries on

roles. Nutritional psychiatry provides

hand for long work hours.

valuable

insights

stability

into

foods

and

that

support mental health, reduce stress

Choose Balanced Meals

and enhance cognitive function. By

Opt for meals with a mix of

incorporating foods like omega-3-rich

lean protein, complex carbs

fatty fish, whole grains, leafy greens

and vegetables, which are

and nuts, lawyers can protect their

more

mental health, increase energy and

stabilizing

than

processed foods.

maintain clarity throughout the day.

Prioritizing

Hydrate Regularly Use a water bottle or herbal teas

to

stay

throughout the day.

hydrated

nutritious

food

choices

supports not only the body but also the

mental

clarity

and

emotional

resilience needed for success in a challenging field.

51 | Columbus Bar Lawyers Quarterly | Spring 2025

The Judicial Advisory Group can help

OLAP can help

If you are a judge or magistrate

unhappy,

who

from

needs

help,

contact

If you are a legal professional who is the

depressed,

substance

or

suffering

use

disorder,

Judicial Advisory Group — a peer-

burnout, or stress and you believe it

based

confidential

is

group

that

assistance

affecting

your

life,

the

Ohio

Program

can

helps

judges

and

Lawyers

Assistance

magistrates

with

personal

and

provide

CONFIDENTIAL

professional

issues.

more

more information, go to ohiolap.org

information,

For

go

www.ohiolap.org/judges

to or

help.

or call (800) 348-4343.

call

(800) 348-4343.

Beverly Endslow Ohio Lawyers Assistance Program bendslow@ohiolap.org

52 | Columbus Bar Lawyers Quarterly | Spring 2025

For

WELLNESS PROFESSIONAL DEVELOPMENT NETWORK! Claire Halffield Chair

The Wellness Professional Development Network is available to all attorneys at the Columbus Bar. This community of individuals is focused on helping Bar members discover how to center wellness as a part of their success in the legal profession.

This is a space for attorneys to destress and practice positive coping skills.

Whether you are a law student, a seasoned attorney, or somewhere in between, all CBA members are welcome to join!

Questions? Email michelle@cbalaw.org. https://www.cbalaw.org/for-members/practice-groups-networks/wellness-professional-development-network/

A ONE-YEAR REFLECTION ON MY TIME IN SOUTH AFRICA

By Miranda West

“Certainly, travel is more than the seeing of sights; it is a change that goes on, deep and permanent, in the ideas of living.” -Mary Ritter Beard When I began working as a paralegal

in 2017, I graduated with a Bachelor of

in the Office of Legal Affairs at Ohio

Specialized Studies in Legal Studies.

University in 2014, I had no idea

2017 was also the year I traveled

where the opportunity would take me.

abroad for the very first time with a

I soon found out that the best thing

cohort of undergrad students. In a trip

about working at a university is that

that took us to Dublin, Ireland and

one is always being encouraged to

Omagh, Belfast and Derry, Northern

continue learning through not just

Ireland,[1] we studied human rights,

education, but experience as well.

law and justice in relation to the Troubles through interactions with

Inevitably, soon after I started with

human

rights

lawyers,

ex-political

OU, I returned to the classroom and,

prisoners, victims’ associations and 55 | Columbus Bar Lawyers Quarterly | Spring 2025

restorative

justice

practitioners.

I

This new program was developed by

returned to Northern Ireland in the

Anthropology

spring of 2020 as a grad student,

Duschinski

where I completed independent study

attorney and pre-law director at OU’s

research focusing on the legal aspect

Center for Law, Justice & Culture. The

of the on-going inquests and legal

course included pre-departure study,

proceedings

on

into

the

sectarian

the

professor and

Larry

ground

Dr.

Haley

Hayman,

experience,

and

violence that took place beginning in

culminated with a capstone moot

the 1960’s until the signing of the

court oral argument on a current

Good

South

Friday

Agreement

in

1998

African

constitutional

issue.

(and, to some extent, is still taking

Though I was not working toward

place today).

another degree, I knew that I had to take

I have always loved learning new

advantage

of

this

incredible

opportunity. I am so thankful I did.

things and storing up a mix of facts, figures, and other information. After all, as paralegals, that’s what we do,

South Africa — A Brief History

right? After completing a master’s

In 1652 Dutch farmers settled into

degree in Law, Justice & Culture in

southern Africa and began growing

2023, the opportunity to travel with

crops and importing slaves.[3] The

OU presented itself again in spring

first British settlers arrived in 1820

2024, this time for the inaugural

and

program “South Africa: Law, Justice

religious

and Transitions to Democracy.”[2]

teachers, bookbinders, blacksmiths,

included

artisans,

leaders,

discharged

sailors

professional

men

tradesmen, merchants,

and and

soldiers, farmers.[4]

Discovery of diamonds and gold in the early 1800s led to the creation of the Union of South Africa in 1910, and in 1948 under minority-white rule, the South Africa Nationalist Party fully implemented apartheid, a harsh 56 | Columbus Bar Lawyers Quarterly | Spring 2025

institutionalized system of racial

that were different for each race,

segregation

and

equally

subjected to torture, humiliation, and,

discriminatory

legislation

against

if released, rearrest without cause.

to

Pass law offenses accounted for more

those

who

were

found

be

non-white.

than 17 million arrests and, at the highest point, an average daily prison

Under apartheid, one’s race was labeled

either

Black,

population of almost 100,000.[6]

White,

Coloured,[5]

or

Indian,

and

In response to apartheid, the African

indicated

a

document

that

National Congress (ANC) was founded

on

restricted where you could travel,

in

work, eat, go to school, etc. These

movement, the Defiance Campaign,

“pass

began an increased resistance to

laws”

also

restricted

1912[7]

and

in

1950

a

mass

settlement, and entire communities

apartheid.

were forcibly expelled from their

Group

land and homes and made to live in

Education

slums far from cities and towns.

despite the banning of ANC leaders

Lawful

racism

and the passing additional restrictive

sustained poor education, lack of

laws. Nelson Mandela, leading the

skilled labor training, and lower

campaign of civil disobedience, was

wages, all based on an individual’s

arrested

race classification. If a husband

imprisonment.[8]

and

segregation

wife

different

were races,

and

classified they

were

Campaigns

Areas

Act

Act

and

and

were

against the

the

Bantu

encouraged

sentenced

to

life

as not

allowed to live in the same home.

Voting rights were non-existent, and the only option for work was in the service of the Afrikaner. If you were

traveling

somewhere

you

were prohibited from going, you were arrested. In jail you would be segregated as well, receiving meals 57 | Columbus Bar Lawyers Quarterly | Spring 2025

The 1960s saw the beginning of an armed struggle after bans and massacres of peaceful protestors were carried out. In 1976, students marched against the institution of strict use of the Afrikaans language in all public schools. Police opened fire,

killing

13-year-old

Hector

Pieterson and at least three others in Soweto. In other parts of South Africa, uprisings spread, and by the end, police had killed more than 1,000 people.[9] In the late 1970s and 80s violence continued as more than 3 million

lead to repeals of remaining apartheid

people

resettled,

laws.

International

townships revolted, and states of

lifted,

and

emergency announced. Bannings

constitution was agreed upon. In 1994

of the ANC kept meetings and

the ANC won the first non-racial

planning underground and forced

elections,

many ANC leaders into exile.

president,

were

forcibly

in

and

sanctions

1993

an

Mandela thus

were interim

became restoring

Commonwealth

membership,

In 1989 Nelson Mandela mediated

establishing a government of national

terms

unity,

with

then-Prime

Minister

and

reinstating

membership

F.W. de Klerk, and public facilities

to the UN General Assembly after

were desegregated. Finally, in 1990

20 years.[10]

the

ANC

was

unbanned,

and

Mandela was released after 27

South Africa still struggles today as

years

their young democracy continues to

in

prison.

The

1990s

witnessed the continued unraveling

recover

of apartheid as multi-party talks

injustice of apartheid.

58 | Columbus Bar Lawyers Quarterly | Spring 2025

from

the

institutionalized

It was along this coastline that we

South Africa — The Journey

attended an OU alumni dinner, where “We are all children of Africa, and

we were able to meet, network, and

none of us is better or more

share stories of our shared Athens

important than the other. This is

experience. South African Bobcats

what Africa could say to the world:

shared their own stories of living

it could remind it of what it is to

through

be human.”

democracy process.

apartheid

and

the

– Alexander McCall Smith

Personally, the District Six Museum left me with a blended sense of the horrors the apartheid regime had carried out as well as marvel at the Our trip began with four days in Cape

hope and resilience of the people

Town,

who survived it. Through careful

where

we

visited

Robben

Island, Table Mountain, the Company

curation

Gardens

and

Jewish

Museum,

Malay the

of

photographs

and

Quarter,

the

personal items from the era, the

District

Six

District

Six

Museum

exhibits

a

Museum, and the Iziko Slave Lodge.

photographic and textile timeline of

Cape Town is situated along the

the horrors and atrocities committed

picturesque coastline of the blended

against the people of District Six and

Indian and Atlantic Oceans.

other communities like it.

59 | Columbus Bar Lawyers Quarterly | Spring 2025

journey

next

took

us

to

Winne, was held there numerous

Johannesburg,

the

seat

of

the

times over the course of the fight

Constitutional

Court,

the

highest

against apartheid, once for 491 days

Our

court in South Africa, built on the site

without reason or cause.[11]

of the Old Fort prison complex. The prison complex, also called “Number

The Constitutional Court building is

Four,” contained large, overcrowded

cloaked with symbolism and was

communal cells that quickly spread

designed to offer a tangible shift in

disease

by

energy from the sites among which it

pervasive gangs that still exist within

stands. The Court is situated close

South Africa’s prison system. Gang

to

intimidation,

rationing,

symbolic and literal beacon of light,

interrogation, and extreme indignities

as the Court works to provide justice

were inflicted upon both men and

to

women as well as some children.

apartheid.[12] Windows at the eye

Former

include

level of the judges reveal only the

Mahatma Ghandi, Robert Sobukwe,

feet of those who walk by it, a

and Albert Luthuli. Mandela’s wife,

reminder that everyone is equal

and

was

racial

political

governed

food

prisoners

60 | Columbus Bar Lawyers Quarterly | Spring 2025

the

Flame

those

who

of

Democracy,

suffered

a

under

under the law. The judges sit at eye

We also had an eye-opening visit to

level with the attorneys presenting a

Ponte City, Africa’s tallest apartment

case,

and

amphitheater-like

block, and the local area of Hillbrow,

gallery

elevates

the

to

led by the incredible organization

symbolize the relationship of the

Dlala NJE and our guides, Sifiso

judges and the public, a reminder

Zikhali and Delight Sithole. Dlala NJE

that the judges are meant to serve

offers

the nation.[13]

Johannesburg’s most misunderstood

an

public

guided

exploration

of

areas. Proceeds from the tours help to fund two community centers, offering safe spaces in one of the world’s most unequal societies.[15] It was inspiring to see these individuals work to change the perception of the section from a dangerous, povertystricken

neighborhood

to

a

transformed, revitalized, safe, and vibrant multicultural hub of shops and cafes, as it had been decades We next traveled to Pretoria, the

before.[16]

administrative capital of South Africa and the Freedom Park Heritage Site and Museum, a museum and memorial chronicling and honoring those who contributed

to

South

Africa’s

liberation, preserving and narrating the story of South Africa, beginning with

the

continuing

dawn

of

through

humanity

and

pre-colonial,

colonial, apartheid, and the postapartheid

nation

South

Africa

is

today.[14] 61 | Columbus Bar Lawyers Quarterly | Spring 2025

In Johannesburg, we had additional

The Moot Court Experience

opportunity to meet with OU alumni at an incredible dinner. Bobcats from

“The

multiple disciplines, institutions, and

disappointing at times, a matter of

areas of study gathered to connect

applying narrow rules and arcane

and share stories of time in Athens as

procedure

well as where our paths had taken us

reality;

over the years. Reflections of hiking

accounting that serves to regulate

up

of

the affairs of those who have power

who

—and that all too often seeks to

added a chair to the dinner table for

explain, to those who do not, the

them were fondly recalled. There was

ultimate wisdom and justness of

much laughter all around as well as a

their condition. But that’s not all the

few

law is. The law is also memory; the

Jeff

Hill

gatherings

tears,

and

with

as

memories

professors

long-forgotten

experiences and people resurfaced.

study

to

a

of

an sort

law

can

be

uncooperative of

glorified

law also records a long-running conversation, a nation arguing with its conscience.” – Barack Obama In addition to the people and places we met and visited, the Moot Court is another experience I will never forget. We were divided into teams, and each group received a mock lower court decision on a current constitutional issue relative to South Africa. We were required to write a brief and then prepare and deliver an oral argument before a panel of experienced civil rights attorneys at the global law firm of Norton Rose Fullbright,[17]

who

judged

who

prevailed. My partner, Brian and I 62 | Columbus Bar Lawyers Quarterly | Spring 2025

were given a land restitution case

behalf

arguing two questions: (1) Whether

Gooseberries, the Petitioner in this

the Indigenous People’s Union (the

matter.” I was also more than a little

Respondent) had a valid claim for

nervous as I prepared my argument,

restitution of a right in land under

fearing that somehow my twenty

South Africa law and the South

plus years as a paralegal were going

Africa

(2)

to fail me and I would fall flat on my

Whether the Indigenous People’s

face during the questioning from the

Union

either

judges. However, even though I was

restoration of a right in land or

on the “wrong-side” of the matter

equitable redress.

according to my internal compass,

Constitution, were

entitled

and to

of

my

client,

Cape

my argument was a fairly clear-cut I am no stranger to legal research

constitutional argument, and I did

and writing, which is my favorite

prevail over my partner. I must say,

thing about the legal profession, so

though, he definitely gave me a run

the brief was a fun exercise for me.

for my money and incorporated

However, as a paralegal with a

some interesting arguments, forcing

strong ethical compass, everything

me to re-think more than a few of

inside of me was yelling "you can't

my points. Land rights are regularly

represent a client in court!" as I

grappled

stood up in 'court' and stated: “May

South Africa, so I will be curious to

it please the court. My name is

see how the matter develops.

with

in

post-apartheid

Miranda West, and I am here on

63 | Columbus Bar Lawyers Quarterly | Spring 2025

Access to Justice and Legal Assistance in South Africa “I need Africa to remind me that beauty has many faces and that giving has many hands.”

– Annie Downs I would be remiss if I did not discuss the social injustice that still runs rampant in South Africa. The access to justice gap is not a problem exclusive to the United States, but in South Africa’s young

low-cost

democracy, access to justice from

dependent on the increase in lawyer

the

participation to access civil justice.

injustices

of

apartheid

is

representation,

wholly

paramount. In the U.S., solutions to the

gap

typically

involve

South

Africa’s

unique

situation

discussions around “Civil Gideon,”

recognizes that the justice system

limited-scope representation, pro-

must be open and accessible to

bono, or extended licensing for

those

retired attorneys. Additionally, the

previously. I was privileged to attend

conversation has turned into a

a meeting with the Black Sash, a

growing movement for the judiciary

human rights organization originally

to change the way it regulates the

founded in 1955. My visit to the

practice of law by expanding the

Black Sash was not on my original

provision of legal assistance to

agenda, but when I learned of the

individuals by non-lawyers and the

work being done there by paralegals,

creation of a new category of legal

I knew I had to try to set up a

service provider. In most states,

meeting. Dr. Lindsey Rudibaugh, the

indigent civil litigants continue to

Executive Director of Experiential

remain dependent upon free or

Learning at OU, was also on the trip

64 | Columbus Bar Lawyers Quarterly | Spring 2025

it

closed

its

doors

to

to explore other experience-based

Today, the Black Sash continues to

learning opportunities for students,

reimagine its efforts, focusing on the

and she set up a meeting with

social grant system by monitoring

Thandi Henkeman, the Regional

compliance with an Agreement with

Manager of the Western Cape, and

the South African Social Security

Amanda Rinquest, the Education

Agency, deterring the agency from

and

the

unauthorized deductions from the

National Office. Both could not

accounts of grant beneficiaries and

have been more generous with

protecting

their time and knowledge, and I am

information. What makes Black Sash

happy to report that Black Sash will

unique is its utilization of paralegals

be apart of the formal academic

for

program for the 2025 cohort.

providing feedback to government

Training

Manager

at

their

confidential

community-based

monitoring,

departments to improve services, Early members of the Black Sash

working together within societies

were liberal white women who

and serving in a common foundation.

organized non-violent campaigns

The

against removing people of color

foundation and advocates for social

from the voters’ roll by the National

protection at all levels. A helpline

Party, the pass laws, and other

was established to provide free

apartheid legislation. The group,

paralegal advice services. Through

originally

named

efforts at the national, local, and

Defense

of

the

the

Women’s

Constitution

Black

regional

Sash

levels,

has

a

utilizing

solid

the

League, soon became known as

information

the Black Sash as the press noted

paralegals’

their wearing of black sashes to

methods,

symbolize the mourning of the

advocacy continues to coordinate

South African Constitution. Soon,

public awareness campaigns and

the

address policy issues and localized

organization

was

offering

legal rights advice offices to nonwhite

South

by apartheid.

Africans

analyzed

by

the

evidence-gathering the

Black

Sash’s

social concerns.

affected We know that civil justice problems 65 | Columbus Bar Lawyers Quarterly | Spring 2025

are common and widespread, and

resources

“bread and butter issues” are at the

representation and are thus faced

core of the lives of individuals and

with navigating the approximately

families, aftecting their livelihood,

two-hundred identified tasks that

housing,

of

must be performed in a civil case.

dependents. Many people do not

Perhaps we should take a page out

access the justice system because

of the Black Sash’s book and focus

these problems are not always

on front-line education of individuals

defined as justiciable, meaning that

about

although

gathering

and

the

care/custody

issue

has

to

their

pay

for

rights,

that

legal

information

aids

in

the

transparency,

and

consequences shaped by civil law,

accountability,

seeking legal assistance for the

accessibility of the legal system, and

problem is not a common response.

general guidance on navigating the court, filling out and filing forms to help pro se litigants more effectively represent themselves.

Conclusion I hope you have an experience that alters

the

course

of

your

life

because, after Africa, nothing has ever been the same.”

– Suzanne Evans As we grow into our professions and become comfortable or indifferent Presently, if an individual in the

with

U.S. is confronted with a civil legal

surroundings, it is easy to lose sight

problem and wishes to engage with

of humanity and how the justice

the legal system, there are two

system

choices: hire an attorney or go it

every day. The work we do on behalf

alone. Many do not have the 66 | Columbus Bar Lawyers Quarterly | Spring 2025

our

truly

own

situation

impacts

and

individuals

of our clients and the way we treat

I am eternally grateful to you both;

them informs the way they will

the

interact with the legal system in the

Association and Laura Sowers for

future.

For

Ohio

University

Alumni

me,

traveling

and

making this experience that much

other

cultures

and

more special; Photo copyright Laura

governments is a way to keep my

Sowers, 2024. Much gratitude and

thoughts

avoid

reverence

to

becoming too complacent in my

Ameermia,

National

response when someone is dealing

ProBono.Org, and Candice Pillay,

with a legal problem.

Social Impact and Pro Bono Director

surveying

fresh

and

to

at “Traveling

–

It

leaves

Norton

Rose

Mohamed

Shafie

Director

Fullbright

at

South

you

Africa, who welcomed the Bobcat

speechless, then turns you into

cohort and provided an experience

a storyteller.”

we will never forget. To my fellow

– Ibn Battuta

OU students who traveled with me to Ireland and South Africa, you give

Special thanks to: Ohio University

me hope for the future. Last but not

for all of the knowledge, incredible

least, thank you, Foxen, Kelli Stiles,

opportunities,

connections

and Jong Park for supporting me and

over the years; Larry Hayman and

allowing me to take the time away to

Haley Duschinski for your always

have this incredible experience.

and

present support and friendship—

67 | Columbus Bar Lawyers Quarterly | Spring 2025

[1] Ohio University, Office of Global Opportunities, Northern Ireland: Human Rights, Law and Justice, https://www.ohio.edu/goglobal/programs/northernireland-human-rights-law-justice.

[2] Ohio University, Office of Global Opportunities, South Africa: Law, Justice, and Transitions to Democracy, https://www.ohio.edu/goglobal/programs/southafrica-transitions-democracy.

[3] South African Government, History, https://www.gov.za/about-sa/history.

[4] Office of the Historian, The End of Apartheid, https://history.state.gov/milestones/19891992/apartheid.

[5] This term is still used in South Africa and is not considered derogatory.

[6] Britannica, pass law, https://www.britannica.com/topic/pass-law.

[7] African National Congress, ANC History, https://www.anc1912.org.za/history.

[8] BBC News Services, South Africa Profile – Timeline (Dec. 19, 2022), https://www.bbc.com/news/worldafrica-14094918.

[9] African National Congress, ANC History, https://www.anc1912.org.za/history.

[10] BBC News Services, South Africa Profile – Timeline (Dec. 19, 2022), https://www.bbc.com/news/world-africa-14094918.

[11] Constitution Hill, Number Four, https://www.constitutionhill.org.za/sites/site-numberfour.

[12] Constitution Hill, The Constitutional Court, https://www.constitutionhill.org.za/sites/siteconstitutional-court.

[13] Bodiat, At South Africa’s Constitutional Court, a Democracy Brick by Brick, JSTOR Daily (Sept. 29, 2021), available at https://daily.jstor.org/at-southafricas-constitutional-court-a-democracy-brick-bybrick.

[14] Freedom Park Museum, About Us, https://www.freedompark.co.za/about-us.

[15] Dlala Nje, https://dlalanje.org.

[16] Smith, Johannesburg’s Ponte City: ‘The Tallest and Grandest Urban Slum in the World’–A History of Cities in 50 Buildings, Day 33, The Guardian (May 11, 2015), https://www.theguardian.com/cities/2015/may/11/joha nnesburgs-ponte-city-the-tallest-and-grandesturban-slum-in-the-world-a-history-of-cities-in-50buildings-day-33.

[17] Norton Rose Fulbright US LLP, https://www.nortonrosefulbright.com/en-us.

Miranda L. West, MA, OSBA Certified Paralegal Foxen mwest@foxen.com

68 | Columbus Bar Lawyers Quarterly | Spring 2025

Spring ‘25: AI and Emerging Technology in Law

Artificial Intelligence: Potential Opportunities and Obligations

By David M. Wilson Artificial intelligence (AI) represents a paradigm

shift

in

technological

capability,

offering

transformative

Although the body of this article

potential across sectors. This article

includes few details, end notes are

acknowledges

excitement

included with additional comments

dominating many conversations on

and links to more information for the

the topic and provides a summary of

curious reader. Please remember that

core

By

when developing internal controls,

legal

policies, and making decisions related

frameworks, emerging regulations and

to the use of AI, maintaining a balance

potential practical actions, this article

between

aims

abbreviated

perspective is critical. The details

roadmap to help orient you to the

matter, but overall perspective is

complex

always

potential

highlighting

to

the

obligations.

certain

provide

existing

an

landscape

and

enable

efficient, effective decision-making.

attention

important

to

and,

detail

in

and

some

circumstances, may matter more.

71 | Columbus Bar Lawyers Quarterly | Spring 2025

Generally

speaking,

great

enforcement authorities apply to the

great

use of automated systems, including

responsibility. In the landscape of AI

those sometimes marketed as AI, just

obligations, some potential obligations

as they apply to other practices.[2]

may

The CFPB further explained through a

opportunity

arise

with

comes

from

frameworks

existing

and

legal

contractual

published

circular[3]

that

specific

obligations. Core obligations may be

federal requirements apply regardless

broadly categorized into federal and

of the technology being used.

state

frameworks,

with

additional

considerations for global contexts.

State Obligations Remain Applicable

The Current Landscape

The California and Oregon Attorneys General

each

recently

published

If something is illegal without AI, it

broad AI guidance focused generally

remains illegal with AI.

on

The involvement of AI does not make

application of existing laws to the use

unlawful conduct lawful. Irrespective

of

of whether a “Law of the Horse”[1] is

highlight the applicability of unfair and

warranted,

deceptive

existing

laws

and

requirements continue to apply.

considerations AI.[4]

Both

related

sets

trade

of

to

the

guidance

practices

laws,

privacy laws and other existing state laws.[5]

Federal Obligations Remain Applicable

The

California

Attorney

General guidance includes a separate standalone advisory related to AI in

In the United States, several agencies

healthcare.[6]

— including the Consumer Financial Protection

Bureau

the

The New Jersey Attorney General also

Department of Justice (DOJ), the

issued narrow guidance highlighting

Equal

how the New Jersey Law Against

Employment

Commission

(EEOC),

(CFPB),

Opportunity and

Federal

Discrimination (LAD) applies to the

Trade Commission (FTC) — issued a

use

AI

and

other

joint

technologies,

and

it

statement

on

enforcement

efforts clarifying that the agencies’ 72 | Columbus Bar Lawyers Quarterly | Spring 2025

of

advanced

clarifies

that

intent to discriminate is not required

to violate existing law.[7]

be at risk from AI-driven attacks, even

As organizations work through the details of this and other guidance, it is

if they do not develop or use AI or products that rely on AI.

important to regularly zoom out to

Existing State Privacy Laws + AI

avoid missing the forest for the trees,

Nineteen

to reset and remember that not all AI

comprehensive privacy law, and many

tools

of

cause

algorithmic

states

them

have

include

enacted

core

privacy

discrimination or violate the law. By

requirements and additional specific

way of example, the use of automated

requirements with respect to profiling

decision-making tools implicates “LAD

and

only when that use results in unlawful

along with prohibitions related to AI-

discrimination.”[8]

related discrimination.[11]

The New York Department of Financial

In general, if AI contains or could

Services (NYDFS) issued an industry

output

guidance letter clarifying how covered

organizations developing or using AI

entities should address certain risks

must comply with applicable state

arising

from

emphasizes

AI.[9] the

assessments

use

and

automated

decision-making,

personal

information,

The

letter

privacy laws, including by ensuring

of

risk

that the data collected is necessary

risk-based

and proportionate and that personal

programs, policies, procedures and

information

plans.

undisclosed or incompatible purposes.

among

It

specifically other

references,

measures,

is

not

processed

for

the

recommended use of access controls,

Definitions

vary,

but

“profiling”

encryption, diligence and contractual

generally

includes

the

automated

protections.[10]

also

processing of personal information to

outlines specific recommendations for

evaluate certain aspects related to a

organizations that develop or use AI

person, in particular to analyze or

or products that rely on AI. It is

predict

important to note that the letter also

person’s

extends to covered entities that may

economic situation, health, personal

The

letter

aspects

concerning

performance

at

that work,

73 | Columbus Bar Lawyers Quarterly | Spring 2025

preferences,

interests,

reliability,

behavior, location or movements.[12]

characteristics among its more junior employees to identify which of them it will promote, then that is a use of

As of the time of this writing (January

ADMT.[14]

2025), the current version of the proposed regulations to the California

Among

Consumer Privacy Act clarifies that

processing likely requires conducting

automated

a written risk assessment, including

decision-making

technology

(ADMT)

includes

other

requirements,

such

any

prescribed content prior to using the

technology that processes personal

ADMT and providing pre-use notice

information and uses computation to

including prescribed content, and may

execute a decision, replace human

require

decision-making,

substantially

available certain operational measures

facilitate human decision-making.[13]

and safeguards, including enabling a

or

implementing

and

making

consumer to opt-out of certain uses The proposed regulations define the

of

ADMT

and

access

concept of substantially facilitating

about the use of ADMT.

information

human decision-making and explain that certain technologies (such as a spreadsheet)

are

not

necessarily

The Federal Future

ADMT but could be. Similarly, AI can

In

be ADMT, but not all ADMT is AI.

crackdown on deceptive AI claims and

2024

the

FTC

announced

a

schemes and engaged in enforcement Expanding

on

that

actions

the

Ferguson, now the FTC Chairman,

specifically

agreed with the appropriateness of

clarify that if a business uses a

conducting certain studies as “the

spreadsheet

regression

sort of thing Congress has told us to

analysis on employees to determine

do” and argued that such efforts are

certain characteristics, such as top

not a drain on FTC resources while

performing managers, and then to find

also

co-occurrences of those

incredible volume of rulemaking

spreadsheets proposed

the can

example be

regulations to

run

ADMT,

74 | Columbus Bar Lawyers Quarterly | Spring 2025

related

stating

to

his

AI.[15]

view

Andrew

that

the

preceding the presidential election

or topics, like children and education

was a drain on FTC resources and

or sensitive data and health, while

misplaced focus.[16]

other bills were more general in scope. Several bills, both narrowly

Chairman Ferguson’s statements on AI

focused

are further balanced and tempered

requirements related to conducting

with clarifications in both dissenting

impact

and

implementing other responsible use

concurring

example,

while

statements. he

has

For

indicated

and

broad,

included

assessments

and

measures.

support for prohibiting organizations from selling non anonymized precise

Although most of the bills were not

location

data

meaningful

passed, more than 75 passed, and

informed

consent

using

several were quickly revised and/or

without or

data

collected by others without verifying

reintroduced

when

legislative

consent,[17] he has also stated that in

sessions reopened in early January

all industries, “but especially evolving

2025.[19]

ones like artificial intelligence (AI), misguided

enforcement

can

harm

Taking a look at one of these bills, the

consumers by stifling innovation and

Colorado AI Act was signed into law in

competition.”[18]

2024 and will be effective February 1, 2026.[20] Similar to the EU AI Act, which will be discussed below, the

Emergent State AI Efforts

Colorado

In 2024 more than 300 AI-related bills were introduced in U.S. states, with many

being

enacted,

reflecting

a

patchwork of regulatory approaches.

Some

bills

related

to

government

studies

while

included

prescriptive

conducting others

requirements.

Many bills were narrowly focused on AI’s use in highly-regulated industries

AI

Act

categorizes

AI

systems based on risk and prescribes specific affirmative obligations and restrictions based on the role of the organization.

However,

the

roles,

categories and obligations contained in the Colorado AI Act are not identical to those found in the EU AI Act. Further, unlike the Colorado Privacy Act and other state privacy 75 | Columbus Bar Lawyers Quarterly | Spring 2025

laws

that

apply

with

respect

to

Commissioners

(NAIC)

adopted

a

personal data if covered entities meet

model bulletin on the use of AI by

certain threshold requirements, the

insurers.[24] As of the time of this

Colorado AI Act does not require the

writing, the NAIC model bulletin has

use of personal data for applicability.

been adopted, with various revisions, by more than a dozen states.[25]

The Colorado AI Act applies to any person or entity that is a developer or deployer of high-risk AI, and certain obligations apply with respect to any consumer-facing

AI

system,

irrespective of whether it is high-risk AI.[21] Among other concepts, duties to avoid algorithmic discrimination and

obligations

with

respect

to

required documentation are placed on both developers and deployers.[22] In other examples, an AI bill was passed in Illinois that, among other requirements, makes it a civil rights violation for an employer to fail to notify an applicant or employee that the employer is using AI for hiring, promotion

or

other

employment

purposes.[23]

risk

management

and

The European Union (EU) established itself

as

a

global

regulatory

frontrunner through initiatives like the EU Artificial Intelligence Act (EU AI Act)—,

which

August

1,

entered

2024,

into

with

force general

provisions becoming applicable on February 2, 2025, and had additional phased requirements.[26] The EU AI Act employs a risk-based approach with a taxonomy classifying AI systems[27] and related roles, specifying obligations for each risk category based on the organization’s role. It is important to note that the EU

After Colorado adopted governance and

The European Union Other Jurisdictions

framework

requirements for life insurers’ use of algorithms and predictive models, the National Association of Insurance 76 | Columbus Bar Lawyers Quarterly | Spring 2025

AI Act may apply to organizations based outside the EU.[28] The EU’s General Data Protection Regulation (GDPR) intersects with the

EU AI Act by codifying certain rights

obligations

that

include

detailed

related

prescribed

requirements.

Certain

to

automated

processing,

including the right not to be subject to

organizations may be required to

certain decisions based solely on

maintain

prescriptive

automated processing — including

policies,

procedures,

profiling.[29] Like the EU AI Act, the

related controls. However, even if an

GDPR may apply to organizations

organization’s

based outside the EU.[30]

reach such levels, the organization may

still

be

programs, plans

obligations required

and

do to

not

ensure

Similar to several comprehensive U.S.

appropriate notice and disclosures are

state privacy laws and the GDPR, the

provided

privacy laws of other countries, like

interacting with AI, and written risk

Brazil and the U.K., interact with AI.

assessments

[31] The Personal Data Protection

content may be required.

to

individuals containing

prior

to

prescribed

Commission of Singapore has also issued specific advisory guidelines on

Organizations may also be required to

the

AI

operationalize tools and processes to

decision

enable certain individuals to exercise

use

of

personal

recommendation systems.[32]

data

and

While

in

jurisdictional

rights

related

to

AI—

potentially

idiosyncrasies persist, a convergence

including the right to opt-out of

around

core

fairness,

principles,

notably

certain AI uses and the right to access

accountability

and

certain information related to the use

transparency, is discernible.

of AI. Prescribed contractual clauses may be required with certain vendors and other AI parties.

With Great Opportunity Comes Responsibility Artificial

intelligence

transformative

force

may

1. See generally Easterbrook, Cyberspace and the

be

a

capable

of

Law of the Horse, 1996 U. Chi. Legal F. 207 (1996),

available

at

https://chicagounbound.uchicago.edu/cgi/viewco

redefining organizational paradigms,

ntent.cgi?

but this potential is linked to

nal_articles.

referer=&httpsredir=1&article=2147&context=jour

77 | Columbus Bar Lawyers Quarterly | Spring 2025

2.

See

U.S.

Statement

Federal

on

Trade

Enforcement

Commission, Efforts

Joint

Against

Discrimination and Bias in Automated Systems (Apr. 25,

2023),

https://www.ftc.gov/system/files/ftc_gov/pdf/EEOCCRT-FTC-CFPB-AI-Joint-Statement%28final%29.pdf.

3.

See

Consumer

Financial

Protection

Bureau,

Consumer Financial Protection Circular 2022-03: Adverse

Action

Notification

Requirements

in

Connection with Credit Decisions Based on Complex Algorithms

(May

26,

2022),

https://www.consumerfinance.gov/compliance/circula rs/circular-2022-03-adverse-action-notificationrequirements-in-connection-with-credit-decisionsbased-on-complex-algorithms.

See also Consumer Financial Protection Bureau, Supervisory

Highlights:

Special

Advanced

Technologies

(Jan.

2025),

Edition

https://files.consumerfinance.gov/f/documents/cfpb_ supervisory-highlights-advanced-technologies_202501.pdf.

4. See U.S. Department of Justice, Guidance from Attorney General Ellen Rosenblum (Dec. 24, 2024), https://www.doj.state.or.us/wpcontent/uploads/2024/12/AI-Guidance-12-24-24.pdf; State of California Department of Justice, Attorney General

Bonta

Issues

Legal

Advisories

on

the

Application of California Law to AI (Jan. 13, 2025), https://oag.ca.gov/news/press-releases/attorneygeneral-bonta-issues-legal-advisories-applicationcalifornia-law-ai.

5. See generally id.

6. See State of California Department of Justice, California Attorney General’s Legal Advisory on the Application of Existing California Law to Artificial Intelligence

in

Healthcare

(Jan.

13,

2025),

https://oag.ca.gov/system/files/attachments/pressdocs/Final%20Legal%20Advisory%20%20Application%20of%20Existing%20CA%20Laws%2 0to%20Artificial%20Intelligence%20in%20Healthcare. pdf.

7. See New Jersey Office of the Attorney General, Guidance on Algorithmic Discrimination and the New Jersey Law Against Discrimination (Jan. 2025),

78 | Columbus Bar Lawyers Quarterly | Spring 2025

2025-0108_DCR-Guidance-on-AlgorithmicDiscrimination.pdf. Like the broad California and Oregon guidance, this narrow New Jersey guidance contemplates conducting pre- and post-deployment audits and impact assessments aimed at identifying and mitigating disparate treatment and disparate impact arising from the use of automated decisionmaking tools and other AI. 8. See id.

9. See New York State Department of Financial Services, Industry Letter Re: Cybersecurity Risks Arising from Artificial Intelligence and Strategies to Combat Related Risks (Oct. 16, 2024), https://www.dfs.ny.gov/industry-guidance/industryletters/il20241016-cyber-risks-ai-and-strategiescombat-related-risks.

10. See generally id.

11. See International Association of Privacy Professionals, Comprehensive Consumer Privacy Bills State Privacy Law Chart (accessed, Jan. 30, 2025), https://iapp.org/resources/article/us-state-privacylegislation-tracker/#state-privacy-law-chart.

Although Ohio has passed a few sector-specific privacy laws, as of the writing of this article Ohio has not passed a comprehensive consumer privacy bill.

12. See, e.g., California Consumer Privacy Act of 2018, § 1798.140(z), available at https://leginfo.legislature.ca.gov/faces/codes_display Text.xhtml? division=3.&part=4.&lawCode=CIV&title=1.81.5; Colo.

Rev. Stat. § 6-1-1303 (20), available at https://coag.gov/app/uploads/2022/01/SB-21-190CPA_Final.pdf.

13. See § 7001(f) of Proposed Regulations to California Consumer Privacy Act of 2018, proposed Jan. 14, 2025, https://cppa.ca.gov/regulations/pdf/ccpa_updates_cy ber_risk_admt_ins_text.pdf.

14. See id.

15. See Federal Trade Commission, FTC Announces Crackdown on Deceptive AI Claims and Schemes (Sept.

25, 2024), https://www.ftc.gov/newsevents/news/press-releases/2024/09/ftcannounces-crackdown-deceptive-ai-claimsschemes.

16. See Federal Trade Commission, Concurring

https://content.naic.org/sites/default/files/inline-

Statement of Commissioner Andrew N. Ferguson

files/2023-12-

Regarding Surveillance Pricing Intermediaries (July

4%20Model%20Bulletin_Adopted_0.pdf.

23,

23. See Illinois General Assembly, Public Act 103-

2024),

https://www.ftc.gov/legal-

library/browse/cases-proceedings/public-

0804,

statements/concurring-statement-commissioner-

https://www.ilga.gov/legislation/publicacts/fulltext.as

andrew-n-ferguson-regarding-surveillance-pricing-

p?Name=103-0804.

intermediaries.

24. See Colorado Secretary of State, Department of

17. See Federal Trade Commission, Concurring and

Regulatory

Agencies,

Division

of

Dissenting Statement of Commissioner Andrew N.

Regulation

10-1-1

(Nov.

13,

Ferguson

In

re

Mobilewalla,

Inc.

Gravy

(Aug.

9,

2024),

Insurance, 2023),

re

https://www.sos.state.co.us/CCR/GenerateRulePdf.d

&

o?ruleVersionId=11153&fileName=3%20CCR%20702-

2024),

10; National Association of Insurance Commissioners,

https://www.ftc.gov/system/files/ftc_gov/pdf/gravy_-

NAIC Model Bulletin: Use of Artificial Intelligence

mobilewalla-ferguson-concurrence.pdf.

Systems

18.

Numbers

(Dec.

See

Federal

&

Enrolled

In

Matter

Inc.

3773

2123035

2023196

Analytics,

H.B.

3,

Trade

Commission,

Dissenting

by

Insurers

(Dec.

4,

Statement of Commissioner Melissa Holyoak Joined

files/2023-12-

by Commissioner Andrew N. Ferguson In re Rytr, LLC;

4%20Model%20Bulletin_Adopted_0.pdf.

Matter

25.

No.

2323052

(Sept.

25,

2024),

2023),

https://content.naic.org/sites/default/files/inline-

See

National

Association

-rytr-statement.pdf.

Bulletin: Use of Artificial Intelligence Systems by

19. This article was written in early January 2025 and

Insurers

does not contemplate developments in 2025.

https://content.naic.org/sites/default/files/cmte-h-

20. See Colorado General Assembly, SB24-205

big-data-artificial-intelligence-wg-ai-model-

Consumer

bulletin.pdf.pdf.

for

Artificial

Intelligence

(Jan.

of

Insurance

Commissioners,

Protections

Implementation

of

https://www.ftc.gov/system/files/ftc_gov/pdf/holyoak

NAIC

3,

Model 2025),

(codified at Colo. Rev. Stat. § 6-1-1701 et seq.),

26. See generally Official Journal of the European

https://leg.colorado.gov/bills/sb24-205.

Union, Regulation (EU) 2024/1689 of the European

21. See generally id.

Parliament and of the Council of 13 June 2024 Laying

22. See Colo. Rev. Stat. § 6-1-1702, § 6-1-1703,

Down Harmonised Rules on Artificial Intelligence and

https://leg.colorado.gov/sites/default/files/2024a_20

Amending Regulations (EC) No 300/2008, (EU) No

5_signed.pdf.

167/2013, (EU) No 168/2013, (EU) 2018/858, (EU)

23. See Illinois General Assembly, Public Act 103-

2018/1139

0804,

2014/90/EU, (EU) 2016/797 and (EU) 2020/1828

H.B.

3773

Enrolled

(Aug.

9,

2024),

and

(EU)

2019/2144

and

Directives

https://www.ilga.gov/legislation/publicacts/fulltext.as

(Artificial Intelligence Act),

p?Name=103-0804.

Art

24. See Colorado Secretary of State, Department of

content/EN/TXT/HTML/?uri=OJ:L_202401689.

Regulatory

Agencies,

Division

of

27. Id.

Regulation

10-1-1

(Nov.

13,

Insurance,

2.

(1)(a),

https://eur-lex.europa.eu/legal-

2023),

28. Id. Although other potential roles exist, provider

https://www.sos.state.co.us/CCR/GenerateRulePdf.d

and deployer roles and related obligations are often

o?ruleVersionId=11153&fileName=3%20CCR%20702-

analyzed in depth by many organizations. At a high

10; National Association of Insurance Commissioners,

level, an organization is considered a deployer if it

NAIC Model Bulletin: Use of Artificial Intelligence

uses an AI system (except for personal non-

Systems by Insurers (Dec. 4, 2023),

professional activity).

79 | Columbus Bar Lawyers Quarterly | Spring 2025

An organization that develops an AI system or

31. See Brazilian General Data Protection Law (LGPD),

general-purpose AI model and puts the system into

Federal

service under its own name or trademark is generally

Regulation (EU) 2016/679 of the European Parliament

considered a provider. It is important to note that an

and

organization may become a provider, even if it did not

https://www.legislation.gov.uk/eur/2016/679/content

develop the system or model, if the organization: (i)

s

makes substantial modifications to it, (ii) modifies the

https://www.legislation.gov.uk/ukpga/2018/12/conten

intended purpose making it a high-risk system, or (iii)

ts/enacted.

places its name or trademark on it.

32.

29. European Union, Regulation (EU) 2016/679 of the

Singapore, Advisory Guidelines on Use of Personal

European Parliament and the Council of 27 April 2016

Data in AI Recommendation and Decision Systems,

on the Protection of Natural Persons with Regard to

https://www.pdpc.gov.sg/guidelines-and-

the Processing of Personal Data and on the Free

consultation/2024/02/advisory-guidelines-on-use-of-

Movement of Such Data, and Repealing Directive

personal-data-in-ai-recommendation-and-decision-

95/46/EC (General Data Protection Regulation), Art.

systems.

Law

no.

13,709/2018;

of and

See

Data

Personal

legislation.gov.uk,

the Protection

Data

Council, Act

Protection

22, https://eur-lex.europa.eu/eli/reg/2016/679/oj/eng.

See also European Data Protection Board, Opinion 28/2024 on Certain Data Protection Aspects Related to the Processing of Personal Data in the Context of AI Models (Dec. 17, 2024), https://www.edpb.europa.eu/our-work-tools/ourdocuments/opinion-board-art-64/opinion-282024certain-data-protection-aspects_en.

30. European Union, Regulation (EU) 2016/679 of the European Parliament and the Council of 27 April 2016 on the Protection of Natural Persons with Regard to the Processing of Personal Data and on the Free Movement of Such Data, and Repealing Directive 95/46/EC (General Data Protection Regulation), Art. 3, https://eur-lex.europa.eu/eli/reg/2016/679/oj/eng.

David Wilson Kegler Brown Hill + Ritter dwilson@keglerbrown.com

80 | Columbus Bar Lawyers Quarterly | Spring 2025

2018,

Commission

Advancing Technology and Growing Risk: The Privacy Concerns of Artificial Intelligence

By Gregory A. Tapocsi

Artificial

intelligence

(“AI”)

is

an

umbrella term for technologies that

cleaners and self-driving cars. The

perform

growth

tasks

normally

requiring

of

such

technologies

is

human intellect and problem-solving

nothing short of explosive with some

capabilities,

recognizing

industry leaders predicting that AI

patterns, learning from experience,

could contribute up to $15.7 trillion to

drawing

the global economy by 2030, which is

such

as

conclusions,

making

predictions, and so on. AI includes

more

than

the

everything from virtual assistants like

domestic

Siri and Alexa to robotic vacuum

India combined.[1]

products

current of

China

gross and

83 | Columbus Bar Lawyers Quarterly | Spring 2025

However, as the use of AI continues

Second, developers may obtain data

to expand, these technologies may

for purposes of training AI tools

also cause significant privacy risks

without the consent or awareness of

that could lead to sensitive personal

the individuals from whom such data

information being compromised. First,

is being collected. As website users

AI tools require prodigious quantities

have started to expect more control

of data to operate. AI developers are

over their personal information and

able to collect datasets from a variety

additional clarity about data collection

of public and non-public sources,

practices, developers have started to

such as Internet search histories,

face a negative backlash when data is

website

from

used to train AI tools without the

smart devices, social media, news

consent of individuals to whom the

articles, or consumer transactions.

information belongs. One example is

Due to the vast amount of data that is

the

needed

algorithms,

LinkedIn, whose default user settings

technology companies are facing a

allow the company to gather user data

massive demand to gather, share, and

to train AI tools.[2] Yet, even when

stockpile personal and non-personally

individuals consent to the collection

identifiable information for longer time

and

periods.

obtained

concerns arise if the information is

from these resources could contain

utilized for reasons beyond those that

sensitive

more

were described in the individuals’

sensitive data is being stored and

initial consent. Indeed, many AI tools

reviewed than any time in history,

do not plainly define how personal

there is a greater risk that some of

data is being processed, and to make

this sensitive data will be exposed or

matters worse, complex data use

utilized in manners that infringe on the

policies are often hard to understand

privacy rights of individuals.

as a result of difficult legal jargon.

visits,

to

geolocations

train

Inevitably,

AI

data

information.

Since

84 | Columbus Bar Lawyers Quarterly | Spring 2025

business

use

of

networking

their

data,

website

privacy

Third, AI tools contain stockpiles of

nonbinding “Blueprint for an AI Bill of

sensitive information that can serve

Rights” in 2022 that outlined five

as targets for cybercriminals. Not only

principles to guide the development of

is such information ripe for data theft,

AI in the public and private sectors,

but also the information can be used

such

to develop directed phishing attacks

notice/explanations.[3]

Further,

the

for purposes of fraud or identity theft.

Biden

issued

an

Even

Executive

on

Safe,

already

more,

cybercriminals

utilized

AI

have

as

data

privacy

administration Order

(“EO”)

and

voice-cloning

Secure, and Trustworthy Development

technology to threaten and extort

and Use of Artificial Intelligence in

victims over the phone.

October 2023.[4] President Biden’s EO directed the Office of Management and Budget (“OMB”) to evaluate use

Finally, AI tools may demonstrate bias if the data on which the tool is trained contains bias itself. If the training data is biased, then the AI tool will in turn be biased, which could result in discrimination or prejudice. Moreover, the design model of the AI tool may be biased due to the conclusions of the developers designing the tool, which results in the tool preferring particular

of commercially available information for purposes outside national security and consider mitigating any related privacy risks.[5] President Biden’s EO also

directed

stakeholder

OMB feedback

to

gather regarding

updates to guidance for government agencies in performing privacy impact assessments

to

reduce

AI-related

privacy risks.[6]

conclusions.

In regard to the federal government’s

However, President Trump handed

approach to these privacy risks, there

down his own EO shortly after taking

is no all-inclusive legislation regulating

office in January that revoked the EO

the development and use of AI tools.

issued by the Biden administration,

The Biden administration released a

stating that President Biden’s EO 85 | Columbus Bar Lawyers Quarterly | Spring 2025

“hampered the private sector’s ability

is generally broadly defined as an AI

to

tool’s differential treatment of an

innovate

in

AI

by

government

control

development

and

President

Trump’s

imposing over

AI

individual or group based on their

deployment.”[7]

protected class. These laws place the

EO

burden

calls

“for

on

AI

developers

and

departments and agencies to revise or

businesses utilizing AI to ensure that

rescind

the

all

policies,

directives,

technologies

do

not

regulations, orders, and other actions

discriminatory

taken under the Biden AI order that

consumer and employment contexts.

are

inconsistent

America’s

with

leadership

outcomes

create in

the

enhancing in

AI.”[8]

President Trump’s EO also calls for

Meanwhile,

automated

“the development of an AI Action Plan.

decision

. . led by the Assistant to the

technologies utilized by employers in

President for Science & Technology,

making decisions about hiring, firing,

the White House AI & Crypto Czar,

compensation,

and the National Security Advisor”[9]

Legislation related to AEDTs generally

within 180 days.

require employers to give prior notice

tools

employment

(“AEDTs”)

and

are

AI

promotion.

to and gain consent from applicants and employees that may be subject to With President Trump’s EO seemingly

AEDTs, describe the credentials and

confirming

federal

features that are assessed by AI,

government will not be legislating the

and require that regular bias audits

development of AI, several states and

be performed.

that

the

local municipalities have implemented or introduced a growing patchwork of laws regulating the use of AI systems.

Lastly, while AI Bills of Rights overlap

These laws generally focus on three

in

topics:

discrimination,

related to algorithmic discrimination

automated decision-making tools, and

and AEDTs, these proposed laws

so-called “AI Bills of Rights.” In regard

would give individuals rights, such as

to algorithmic discrimination, the term

the right to know when they are

algorithmic

86 | Columbus Bar Lawyers Quarterly | Spring 2025

varying

ways

with

legislation

interacting with AI tools, the right to not be discriminated against by AI tools, the right to know that their information is being used to train AI tools, and the right to control their personal information.

In conclusion, the growth of AI shows no signs of slowing down in the future.

In

conjunction

with

such

growth, the risks to personal privacy also continue to be at the forefront as AI becomes a greater part of our daily lives. While the federal government does not appear likely to intervene and legislate the development of AI in some

form

or

fashion,

it

seems

probable that AI-related legislation will continue to proliferate at the state and local level. In what form or fashion

1. Sizing the Prize: What’s the Real Value of AI for Your Business and How Can You Capitalise?, PwC, https://www.pwc.com/gx/en/issues/artificialintelligence/publications/artificial-intelligencestudy.html.

2. Velazco, LinkedIn Is Training AI on You–Unless You Opt Out with This Setting (Sept. 23, 2024), https://www.washingtonpost.com/technology/2024/09 /23/linkedin-training-ai-setting-opt-out.

3. Blueprint for an AI Bill of Rights: Making Automated Systems Work for the American People, The White House, available at https://bidenwhitehouse.archives.gov/ostp/ai-bill-ofrights.

4. Fact Sheet: President Biden Issues Executive Order on Safe, Secure, and Trustworthy Artificial Intelligence, The White House (Oct. 30, 2023), available at https://bidenwhitehouse.archives.gov/briefingroom/statements-releases/2023/10/30/fact-sheetpresident-biden-issues-executive-order-on-safesecure-and-trustworthy-artificial-intelligence.

5. Id. 6. Id. 7. Fact Sheet: President Donald J. Trump Takes Action to Enhance America’s AI Leadership, The White House (Jan. 23, 2025), https://www.whitehouse.gov/factsheets/2025/01/fact-sheet-president-donald-j-trumptakes-action-to-enhance-americas-ai-leadership.

8. Id. 9. Id.

is a great unknown, but as perhaps stated in one of the most well-known examples of AI technology — the Skynet machine learning system in the Terminator movie franchise — “[t]he future has not been written,” and we

Gregory A. Tapocsi Dinsmore & Shohl, LLP gregory.tapocsi@dinsmore.com

can only imagine what an AI-infused future will hold.

87 | Columbus Bar Lawyers Quarterly | Spring 2025

A CBA Member Benefit: www.cbalaw.org

From Keyword to Context: Crafting Legal AI Prompts for Better Results

By Jennifer Wondracek

According

Tech

engine has always relied on AI, and

Trends report, “Seventy-nine percent

Lexis integrated it into its search

of legal professionals have adopted AI

algorithms in the 1990s. However, a

in some way, and one in four use it

newer

widely

law

Generative AI (GenAI), has captured

firms.”[1] Despite these claims, many

public attention by creating novel

lawyers still ask, “How do I use it?” —

content based on user prompts and

often

probability.

or

with

to

the

2024

universally

a

hint

of

in

Clio

their

intimidation.

branch

of

GenAI

AI,

burst

known

into

as

the

Remember that AI, in various forms, has

mainstream on November 30, 2022,

been around for decades. Once you

when OpenAI released ChatGPT.[2]

begin asking a few guiding questions

This

and clarifying your objectives, you’ll

interactive conversations, rather than

find yourself comfortably “prompting”

just predictive text suggestions in our

AI to assist you.

emails and text messages.

Many of us have relied on AI for years

Since then, many GenAI tools[3] have

without realizing it: Google’s search

been released, including Claude,

chatbot

generates

full,

89 | Columbus Bar Lawyers Quarterly | Spring 2025

LLaMA, Copilot and Gemini. Daily tools

and billing. Meanwhile, general GenAI

like

tools may better handle office tasks

Microsoft

Workspace

Office,

Google

legal

research

and

like

creating

social

media

posts,

databases began integrating GenAI into

performing accounting or generating

existing products. Legal-specific GenAI

web content. The key is to recognize

products

an

that no single tool can handle every

Well-known

task perfectly. You may need more

companies like LexisNexis, Thomson

than one AI platform to meet various

Reuters (Westlaw) and vLex/Fastcase

needs.

also

astonishing

expanded rate.

at

introduced GenAI research and drafting tools. Newer companies[4] — including Harvey, AI.Law, and Spellbook — offer tools like contract review, specialized drafting

and

even

practice-specific

products such as Visalaw.AI’s GEN for immigration law.

Question 2: Does the tool contain the information you need to complete the task(s)?

GenAI products typically have a base layer of training data, often created by

With so many options available, moving

bots scraping content from millions of

forward with one can feel like a

websites. The exact details of this

Herculean

training data are usually confidential.

effort.

Asking

a

few

questions will get you started.

In 2023, the Washington Post covered Google’s

Colossal

Clean

Crawled

Corpus (C4) data set, which includes

Question 1: What task(s) do you want to complete?

more than 15 million webpages — an impressive number but still incomplete

Legal-specific GenAI can assist with an extensive range of tasks, including research,

litigation

Discovery,

litigation

drafting,

e-

organization,

transactional document drafting, case management, IP management, finance 90 | Columbus Bar Lawyers Quarterly | Spring 2025

and lacking expert-vetted materials.

[5] Thus,

many

GenAI

products

incorporate a second data layer using retrieval-augmented

generation

(RAG). In a legal context, RAG may

include primary law, forms, checklists,

Lawyers have a duty to protect their

government guidance, and/or expert-

client data[6] and securely manage

written

work product.[7] Many GenAI tools

secondary

sources.

This

additional layer can vastly improve

use

accuracy. Nonetheless, the tool might

products, which can release prompts

lack

certain

input

to

improve

their

such

as

to third parties and breach client

older

law.

confidentiality. It is, therefore, vital to

Always ask what types of materials are

read the terms of service (ToS) before

included. Knowing the scope of the

you enter confidential or proprietary

RAG will also help you draft prompts

information into a product. Clauses

appropriate to the data available rather

you may need to review include:

proprietary

than

information,

user

treatises

receiving

or

incorrect

responses

because the information is missing.

Accuracy of output Use of user inputs

Additionally, RAG can reduce—though

Ownership and use of outputs (AI-

not eliminate—"hallucinations,” which

generated work)

are

Abuse

fabricated

or

inaccurate

clauses

that

allow

the

information. Because GenAI relies on

company to review inputs for ToS

statistical patterns to predict the most

compliance

likely next words, it sometimes invents citations or facts. By adding highquality, vetted sources via RAG, the likelihood

of

these

hallucinations

decreases. That said, no product can guarantee

a

completely

error-free

experience, so you should always verify an AI’s results.

Any other contractual terms that are incorporated by reference You may need to revisit the ToS when they

are

updated

or

when

new

products or features appear. If you cannot accept certain terms, as is often

the

case

with

individual

accounts, see if the platform offers

Question 3: Does the tool comply with a lawyer’s ethical requirements?

enterprise

accounts

that

permit

negotiation or customization. Many legal-specific GenAI products already

91 | Columbus Bar Lawyers Quarterly | Spring 2025

cater to attorney ethical obligations by

Output

not sharing inputs or outputs and

tweet, etc.)

restricting employee access.

AI persona/role (defense attorney,

format

(memo,

email,

prosecutor, legal scholar) Purpose/Reason for the request

Building an effective prompt

Issue (give full details — facts,

Once you find a product that meets your needs, the next step is to create a strong prompt. Prompts can be: 1. Guided — The system walks you through questions or fields, building its own prompt from your answers.

2. Open — You have a blank text box and can write anything with little guidance offered.

3. Hybrid — You are provided with some

guidance,

jurisdiction

such

selection

as

a

field,

otherwise you have the blank text box of the open prompt.

Guided

prompts

need

little

user

prompts you step by step. Open and prompts,

Revisions/Follow-up

prompts

to

refine or expand the request Tone generally refers to both reading level

and

formality.

Most

GenAI

products adopt a conversational tone, whereas

the

legal-specific

products

usually

default

GenAI to

a

professional tone. Also, specify the type of output you need — a client letter

differs

significantly

from

a

motion. Providing sample language helps the AI learn your preferred style.

GenAI products are not Google or

planning because the system itself hybrid

legal questions, jurisdiction)

however,

require

clarity. In general, a good legal prompt includes: ·Tone of the output (professional, conversational, etc.)

92 | Columbus Bar Lawyers Quarterly | Spring 2025

traditional keyword searches. They require more context for high-quality results. Assigning a role helps identify the subject and material that the GenAI should review. Similarly, stating the purpose or reason for your output clarifies how detailed and accurate the result must be and may influence recommended arguments.

Your issue should include facts and not

You

just legal theory. For instance, “liability

questions to draft a client letter

for animal-caused injury” is vague. A

explaining

liability,

full prompt for this issue might look like

interrogatories

or

this:

deposition for this case.

Draft a legal memo regarding the liability of our client, James Smith, who is being sued for an August 9, 2024, incident. His neighbor’s 9year-old child, Jane, kicked a soccer ball into his yard. When Jane

entered

Smith’s

yard

to

retrieve the ball, his chihuahua ran and barked at her. Jane struck out at the dog, and the dog bit her.

Jane’s parents, John and Julie Doe, are suing for Jane’s medical expenses. Mr. Smith wants to know if he is liable for Jane’s injuries under Ohio law.

could

also

use

follow-up draft

prepare

for

GenAI is used for a wide variety of tasks in the legal field, and new use cases are being created regularly. As you explore these tools, keep asking, “What if the technology could do…?”

You may discover a time-saving or cost-effective approach that has not occurred to you before. AI might not replace human judgment, but it can free up time for higher-level thinking and

client

service.

With

proper

oversight and creativity, GenAI tools may

become

some

of

the

most

valuable in your practice.

This level of specificity helps the AI locate suggest

and

analyze

arguments

relevant and

law,

identify

defenses. After running the prompt, you may ask follow-up questions or request revisions. For instance, if the prompt

analyzes

civil

instead

of

criminal trespass, you may prompt the AI to revise or extend the memo to include criminal trespass. This iterative

a

1. Clio, Legal Trends Report 9 (2024), available at https://www.clio.com/resources/legal-trends/2024report.

2. Edwards, ChatGPT Is One Year Old. Here’s How It Changed the Tech World, Ars Technica (Nov. 30, 2023), https://arstechnica.com/informationtechnology/2023/11/chatgpt-was-the-spark-that-litthe-fire-under-generative-ai-one-year-ago-today.

3. The website There’s an AI for That is currently tracking 29,709 AI tools. There’s an AI for That https://theresanaiforthat.com (last visited Feb. 7, 2024).

approach is one of GenAI’s strengths.

93 | Columbus Bar Lawyers Quarterly | Spring 2025

4. To explore other up and coming companies, see Legal Tech Fund, Early-Stage LegalTech Generative AI Landscape Map: Law Firm Focus (June 2024), https://i0.wp.com/www.legalcomplex.com/wpcontent/uploads/2024/06/Legaltech-Generative-AIMarket-Map-Law-Firm.jpg and Early-Stage LegalTech Generative AI Landscape Map: Corporate Focus (June 2024), https://i0.wp.com/www.legalcomplex.com/wpcontent/uploads/2024/06/Legaltech-Generative-AIMarket-Map-GC.jpg.

5. Schaul, et al., Inside the Secret List of Websites That Make AI Like ChatGPT Sound Smart, Washington Post (Apr. 19, 2023), available at https://www.washingtonpost.com/technology/interacti ve/2023/ai-chatbot-learning.

6. Prof.Cond.R. 1.6.

7. Civ.R. 26(B)(4).

Jennifer Wondracek Capital University Law School jwondracek@law.capital.edu

94 | Columbus Bar Lawyers Quarterly | Spring 2025

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Artificial Intelligence in Private Practice

By Matthew J. Schonauer When conducting background research

several years. However, the sources

for this article, I called on the Copilot[1]

cited in the output simply discussed a

chat product to find support for the

general lag in adoption rates and the

stereotypical proposition that the legal

trends driving those rates; they did not

industry

new

support the statistical figures at all.

technology than its corporate clients. I

When pressed about this, the Copilot

was presented with statistical figures

instance acknowledged that it could

illustrating a legal industry lagging in

not find readily available and specific

personal computer adoption rates by

adoption rates.

is

slower

to

adopt

97 | Columbus Bar Lawyers Quarterly | Spring 2025

While this experience directly highlights data

privacy

the dangers of complete GAI reliance, it substantial

and

the

need

for

in

new

investment

also exhibits an impressive set of technologies. This gap underscores the features: near instantaneous search importance

for

law

firms

to

results from credible sources, accurate accelerate adoption to meet client source

summarization

comparative

analysis

and

relevant expectations, remain competitive and

between

the avoid hidden risks.

documents. Because of the immense breadth of tools being created in the AI space, this article simply attempts to lay

the

groundwork

for

further

research by the reader and provide guidance on implementing AI tools in private practice.

Thoughtful

AI

deployment

has

the

potential to significantly impact the financial performance of a law firm. For those making implementation decisions in private practice settings, it is useful to consider this potential first through the lens of productivity. Productivity improvement generally underpins the

Framing the Integration Question A

recent

Thomson

Reuters

promise at the core of investment

survey

highlights a notable disparity between the focus on AI by corporate clients and

its

adoption

within

and

provides

industry confirmation

of

Corporate

clients

the are

the

legal some

stereotype.[2] increasingly

growth in the AI sector.[3] Productivity gains

can

drive

profit

margin

improvements through cost reductions, short-term

revenue

growth

without

proportional cost increases, and longterm

revenue

growth

through

competitive advantage.

prioritizing AI to enhance efficiency and drive innovation — expecting their legal First, AI-driven automation of a firm's service providers to keep pace with internal processes — including not only advancements. those unique to the private practice However, the legal industry has been environment but also routine business these

technological

slower to adopt AI, often due to management tasks — can improve profitability by lowering administrative concerns about ethical implications, 98 | Columbus Bar Lawyers Quarterly | Spring 2025

costs, for instance.[4] These costs may issue a great deal but reaction and be in the form of reductions in staffing needs

have

been

mixed.[5]

Some

demands or attorney non-billable time. clients demand the sequestration of The strategic allocation of these cost their data from AI tools while others savings is paramount to the ultimate require the use of AI tools to drive work success of any AI implementation and productivity. Where a particular client will

often

be

shaped

by

the falls on that spectrum is dictated by a

characteristics of the individual firm.

variety of factors, but three primary client

Separate and apart from the expected cost reduction benefits is the promise that AI tools can be used substantively in the delivery of services in a number of

industries.

The

reader

has

undoubtedly encountered new tools tailored to specific legal tasks, such as

concerns

appear

heavily

weighted in the analysis: (1) accuracy in the results; (2) confidentiality of the client's

data;

and

(3)

cost.

These

concerns should be reflected in the questions being asked of any vendors when evaluating the potential for any AI systems in your law firm.

legal research, document drafting and discovery data analysis, to name a few.

It is important to note that this category Evaluation and Deployment of tool is not the only AI system available to law firms — and in many With this broad framework in mind, cases may be placed lower on the firms should continue to look to priority list than more mundane industry standard practices when operational applications depending on evaluating any new software tools, whether or not the tool includes AI perceived impact. features.

Security,

vendor

reputation

compliance

and

are

more

even

Finally, the third general category of important in the law firm setting inputs to consider and arguably the because of the sensitive nature of

most important is client expectation. client data and our ethical obligations Present experience shows that of confidentiality. Thus, firms must corporate clients are thinking about this

understand the relationship between 99 | Columbus Bar Lawyers Quarterly | Spring 2025

firm and client data and the tool weekly users, and two out of five Americans reported weekly use of a being evaluated.

GAI tool for work or personal purposes.

Where size permits, it is useful to rely on

committees

expertise

to

staffed

assist

in

with

broad

needs

and

objectives planning, tool evaluation, constructing policies related to use of those

tools

by

employees,

and

negotiating contracts with the potential vendors. This is also very helpful in identifying discrete tasks that can be investigated

for

productivity

improvements.

Where

this

is

not

practicable, consider relying on large incumbent vendor products, as these will be more likely to be offered with an understanding

of

a

law

firm's

confidentiality needs and are often constructed

for

mass

appeal.

Otherwise, it may also be advisable to consider

the

services

of

technical

consultants to ensure that use of a particular AI product will meet client and ethical standards.

[6] Failing to provide safe AI tools to employees may simply encourage data leakage through personal devices for those that are already accustomed to using these tools in their daily lives. At some point, not having an AI solution available to employees will be akin to not providing a phone or computer.

Formally, the American Bar Association recently

provided

crucial

ethical

guidance on the use of GAI tools in legal practice. The opinion emphasizes that

lawyers

must

understand

the

benefits and risks of GAI — ensuring they provide competent representation by reviewing AI-generated outputs for accuracy. The guidance also highlights the importance of protecting client confidentiality when using these tools and informing clients about their use, especially decisions.

for

significant

Additionally,

the

case opinion

addresses the reasonableness of fees Hidden risks also lurk in the decision to for time spent using GAI tools and take the wait-and-see approach for underscores those

firms

having

the

need

for

senior

employees. lawyers to supervise the use of these

Consider the fact that one provider technologies by subordinates to ensure alone has reported over 300 million 100 | Columbus Bar Lawyers Quarterly | Spring 2025

compliance with ethical standards.

Overall,

the

ABA's

guidance

but

also

substantial

benefits

from

underscores the necessity for lawyers

increased

productivity.

These

risks

to balance the innovative advantages

need

be

against

the

of AI with their professional and ethical

potential

being

a

obligations,

first-adopter.

ensuring

that

the

to

weighed

benefits

of

integration of AI in legal practice aligns with established ethical norms. For at least the foreseeable future in the legal industry,

it

is

predictable

that

AI

technology

will

broadly

follow

our

adoption of other technologies wherein enterprise

implementations

of

AI

products that protect law firm and client data will make up the middle of the

bell

curve.

Regardless

of

the

source, however, firms should carefully consider issues

any

AI

related

to

products data

for

disclosure,

ownership and use.

In short, the long-term potential of AI is immense, but short-term returns are still unclear in some cases.[7] immediate

adoption

may

While

not

be

1. A GAI (General Artificial Intelligence) chat tool.

2. Warren, Josten & Nagy, Navigating the Future: The Impact of GenAI on the Legal Profession, Webinar (Feb. 2025).

3. Filippucci, et al., The Impact of Artificial Intelligence on Productivity, Distribution and Growth: Key Mechanisms, Initial Evidence and Policy Challenges, OECD Artificial Intelligence Papers (Apr. 16, 2024), available at https://doi.org/10.1787/8d900037-en; Mayer, et al., Superagency in the Workplace: Empowering People to Unlock AI’s Full Potential, McKinsey Digital (2025), available at http://bit.ly/4k0O66o.

4. There are tools for finance, accounting, marketing, business intelligence, and intake processing, to name a scant few.

5. Thomson Reuters, Future of Professionals Report: AI-Powered Technology & the Forces Shaping Professional Work (July 2024), available at https://bit.ly/3ECnCYy. 6. Bick, Blandin & Deming, The Rapid Adoption of Generative AI, National Bureau of Economic Research (NERB) Working Paper Series (Sep. 2024, revised Feb. 2025), available at http://www.nber.org/papers/w32966.

7. Mayer, et al., Superagency in the Workplace: Empowering People to Unlock AI’s Full Potential, McKinsey Digital (2025), available at http://bit.ly/4k0O66o.

required, it will eventually be necessary and does require firms to consider internal AI policies, at the very least, to protect client data. Early adopters are bound to run into not only ineffective investments into AI tools that cannot

Matthew J. Schonauer UB Greensfelder LLP mschonauer@ubglaw.com

deliver the promised productivity gains, 101 | Columbus Bar Lawyers Quarterly | Spring 2025

AI Governance – Practical Advice for Companies in Developing and Implementing AI Use Policies

By Kristopher J. Chandler

Crafting an AI Governance policy best suited

for

your

business

requires

development and deployment, and the

careful consideration of the types of AI,

new legislative initiatives designed to

how AI will be used, current and future

address AI in 2025, it is becoming

legislation, and a group of individuals

increasingly important for businesses

specifically

to

designated

to

oversee

develop

comprehensive

and

implementation of AI. Because of the

effective AI Governance policies that

significant

can

developments

in

AI

accomplish and

legal evolve

compliance

legislation in 2024, the ongoing efforts

requirements

with

to reform existing laws to adapt to AI

increasingly volatile legal landscape.

an

103 | Columbus Bar Lawyers Quarterly | Spring 2025

With rapid advancements and new uses

Governance policy covering use of a

continuing in the realm of artificial

generative AI system should include

intelligence

provisions

addressing

businesses are looking to find ways to

involvement

and

utilize

a policy covering use of an algorithmic

(“AI”),

this

powerful

all

types

of

technology

as

for

increasing

tool

a

human-

supervision

than

AI system.

effectiveness and efficiency.

As a result, the need for comprehensive corporate policies governing the use of AI systems (“AI Governance policies”) within a business and mitigating risks associated with AI systems is becoming an increasingly important consideration for business leaders looking to stay ahead of the trend.

Understanding the particular use case or goal for why the AI is deployed (the “use case”) is often step one when determining effective AI governance.

The level of scrutiny and oversight for AI systems that are used for internal

purposes

will

be

different

than what is needed for customerfacing AI systems.

In crafting an AI Governance policy, each organization will need to balance the risks and benefits associated with use of AI and consider the specific challenges and opportunities it faces.

Nonetheless,

there

are

general

considerations

that

every

business

should factor in when taking the next step toward AI Governance.

The type of AI systems and use cases will

also

vary

depending

on

what

industry a business is in, impacting what goes into a comprehensive AI Governance

policy.

healthcare

companies

using

AI

analyze

patient

health

organize

or

information

will

For

need

example,

to

to

consider

including provisions based on HIPAA requirements, and financial institutions

Defining Artificial Intelligence

must be mindful of how their use of AI may

impact

their

compliance

with

An AI Governance policy will need to

Gramm-Leach-Bliley

consider the different types of AI that a

whereas unregulated businesses may

business may utilize. For example, an AI

not be faced with such concerns.

104 | Columbus Bar Lawyers Quarterly | Spring 2025

obligations,

Risks to Consider and Address in an

5. Ethical Use: Consider the ethical

Effective AI Governance Policy

implications of using AI, especially in

As a business starts to adopt the use of AI systems within its organization, there are critical risks that must be considered and addressed to ensure the efficient, effective

and

safe

deployment

of

artificial intelligence. These key areas to

sensitive areas like healthcare or law enforcement.

6. Legal Compliance: Be aware of the legal regulations regarding AI use to ensure compliance.

navigate are: 7. Human Oversight: Maintain a level 1. Privacy: Understanding how your data

of human oversight over AI decision-

is collected, stored and used is crucial.

making.

2. Bias and Fairness: AI models can

Improve Upon Current Technology

inherit biases from their training

Governance Policies

leading to unfair or

data,

discriminatory

outcomes.

covering the use of AI systems is

3. Transparency: Knowing how an AI tool makes its decisions can be difficult.

Where

possible,

transparency

about

models and decision-making processes should

be

diligence before

uncovered should

deploying

an

and

proper

be

conducted

AI

tool

within

an organization.

security

important for any business as the technology

continues

to

grow

in

importance, a business may be able to leverage current policies covering use of different technologies as a basis for how to govern its use of AI systems.

Revising

and

updating

existing

IT

policies and procedures in a business

4. Security: Ensure that the AI tool has robust

While crafting new policies explicitly

measures

to

protect

against data breaches and cyber threats.

to

cover

the

AI

lifecycle

(e.g.,

development, deployment and ongoing monitoring of AI systems) can be an

105 | Columbus Bar Lawyers Quarterly | Spring 2025

effective mechanism for developing

enhancing

early

personal data in AI models.

guidelines

to

implement

AI

measures

to

protect

systems within an organization.

Understand How Current and New Legislation Impacts AI While most

addition

to

reviewing

existing

legislation and regulation, businesses should stay up to date on new

AI legislation currently in

force focuses on consumer protection, businesses

in

highly

regulated

industries,

such

as

healthcare,

telecommunications

In

and

financial

services, or who engage in highly regulated activities must evaluate how existing regulations may impact use of an AI system — even if the regulation is

legislation, case law and evolving industry standards to avoid falling behind or out of compliance. Joining working

and

industry

engaging

with

legal

groups,

counsel

and

consultants or even subscribing to newsletters with important AI updates can give businesses an edge in remaining

compliant

with

AI

silent as to AI.

regulations as they come into force.

For example, a business that processes

From passage of the historic EU AI Act

a significant amount of personal or

to the launch of the NIST AI Risk

sensitive data will need to ensure that

Framework,

2024

its use of AI systems complies with

avalanche

of

applicable data protection regulations,

regulations and best practices aimed at

such as the General Data Protection

requiring organizations to understand

Regulation

Union

and manage the risks posed by AI

applying

systems. 2025 is speculated to be an

robust data security measures to an AI

even more active year for AI-regulated

system

data

regulation and businesses will need to

security framework, obtaining proper

be ready to adapt their governance

consent before processing personal

procedures to compliance obligations,

data in an AI training set, and using

all while juggling best practices and

data anonymization or other privacy

business optimization.

(GDPR).

of

the

European

This

can

include

using

a

recognized

106 | Columbus Bar Lawyers Quarterly | Spring 2025

saw

a

virtual

AI-related

laws,

Create an AI Governance Body within

Consider Vendor Risk Management

the Business

Issues

While

most

corporate

are

Not only should an AI Governance

reviewed on an annual basis, an AI

policy address a business’s internal use

Governance policy will require more

of AI systems, but such a policy must

frequent

also take into consideration how the

oversight

policies

and

adaptation

because the technology is constantly

business’s

changing. Businesses should designate

utilizing such tools. As more and more

a multi-disciplinary group of individuals

companies utilize AI systems to provide

from various departments within the

services, it is incumbent on businesses

organization to continuously review,

to have a plan for identifying those

update

and

implement

third-party

vendors

are

an

AI

vendors who utilize AI systems in the

Many

AI

provision of services, evaluating the

governance bodies are comprised of

security of those systems based on the

stakeholders

applicable

Governance

policy. from

technology,

human

information resources

and

use

case,

and

drafting

appropriate contract terms.

legal departments.

The purpose of an AI Governance body should be to work toward collaboration and cooperation regarding use of AI systems, rather than just compliance, given the complexities this technology presents.

Offering

trainings

to

employees

on

uses

AI,

documenting efficiency

proper all

and

uses

to

of

review

effectiveness,

and

providing guidance as the technology changes are all roles necessary for an

Kristopher J. Chandler Benesch Friedlander Coplan & Aronoff LLP kchandler@beneschlaw.com

AI Governance body.

107 | Columbus Bar Lawyers Quarterly | Spring 2025

Artificial Intelligence and Lawyer Ethics

By D. Allan Asbury

The

legal

profession

technological

is

crossroads,

unprecedented

at

a

facing

challenges

and

opportunities with the adoption and integration of artificial intelligence (AI) into law practices. As futurist Richard Susskind has aptly observed, “AI will force legal institutions and lawyers to change more radically in two decades than they have in the past two centuries.” With AI products able to perform tasks traditionally assigned to junior

associates

lawyers

must

approach

to

capabilities

and

adopt

paralegals, a

proactive

understanding

and

limitations

AI's while

maintaining their ethical obligations.

The Promise of AI in Legal Practices

Ethical Challenges

AI has enormous potential for assisting

and Responsibilities

lawyers in providing legal services to

While AI presents numerous benefits,

clients. From drafting contracts, writing

its

motions and briefs, to predicting case

requires

outcomes and summarizing documents

lawyers of AI’s ethical implications.

in

can

Several rules of professional conduct

lawyer’s

should be consulted before a lawyer

The

makes a decision to integrate AI into his

discovery,

significantly efficiency

AI

products

improve

a

and

productivity.

American Bar Association has offered

integration

into

careful

legal

practices

consideration

by

or her legal practice.

that “AI allows lawyers to provide better, faster, and more efficient legal services

to

companies

and

organizations. The end result is that lawyers using AI are better counselors for their clients.” conducted

by

A recent study Goldman

Sachs

estimates that nearly 44% of all legal tasks

performed

lawyers

can

currently be performed by AI.

In

response,

law

by

schools

are

now

equipping students with the AI skills they will need in their future legal careers. Due to the rapid development of AI, technologists predict that within the next five years most lawyers will rely on AI technology to assist them in providing legal services to clients.

Competence (Prof.Cond.R. 1.1) AI, now widely accessible to consumers through platforms like ChatGPT, Gemini and Claude, has evolved significantly in the last five years, making it a highly relevant and powerful tool for lawyers to

incorporate

into

their

practices.

While lawyers are not required to use AI, they must keep abreast of changes to the practice of law, including the benefits

and

relevant

technology,

Prof.Cond.R.

risks 1.1,

associated

with

according

cmt.

[8].

to

More

importantly, lawyers choosing to use AI must develop the necessary skills and knowledge to competently use the technology. ensure

that

A lawyer using AI must the

work

product

generated by AI is accurate, reliable and does not compromise the quality of 110 | Columbus Bar Lawyers Quarterly | Spring 2025

the legal representation of the client or advocacy before a tribunal. A lawyer’s misunderstanding of the capabilities and limitations of an AI product or an overreliance on its generated results can lead to negative outcomes for both the lawyer and the client.

have

reasonable

a

efforts

duty to

to

make

prevent

the

unauthorized disclosure or access to client information, only AI products designed

with

robust

and

security

confidentiality

safeguards should be used.

As stated in Prof.Cond. R. 1.6, lawyers must maintain the confidentiality of related

lawyers

measures

Confidentiality (Prof.Cond.R. 1.6)

information

uploaded client information. Because

to

the

Independent

Professional

Judgment

(Prof.Cond.R. 2.1)

representation of a client. Prof.Cond. R.

AI

1.6 requires lawyers to avoid disclosing

enhance or support a lawyer’s delivery

sensitive

client

information

AI

of legal services but should never take

platforms

that

may

that

the place of the lawyer’s independent

information with other users. Some AI

professional judgment. Accepting AI-

products do not treat as confidential

generated

the

critically assessing them can undermine

information

users

to

share

provide

in

can

ethically

be

employed

recommendations

the

A review of the terms of service for

straightforward advice and an honest

some AI products reveals that the

assessment of a client’s legal issues.

information provided by the user may

Lawyers choosing to use AI in their

become the property of the AI vendor

practices should consider explaining to

and can be used to train the AI product.

clients how they used AI to deliver legal

On the other hand, many AI providers

advice or make recommendations to

market to law firms an enterprise

the client.

of

their

AI

product

obligation

to

without

prompts or the results generated by AI.

version

lawyer’s

to

provide

that

implements safeguards to prevent the

Reasonableness of Fees (Prof.Cond.R. 1.5)

disclosure of client related information by prohibiting the AI product from

AI has the potential to reduce the

training on individual prompts and

amount of time lawyers spend on 111 | Columbus Bar Lawyers Quarterly | Spring 2025

traditional legal tasks which in turn can result in fewer billable hours charged to clients. Lawyers using AI to provide legal services must ensure that client billing

reflects

the

actual

work

performed by the lawyer. The use of AI by lawyers can economically benefit clients in the long run and should not be

viewed

as

an

opportunity

for

lawyers to artificially inflate fees to compensate for an overall reduction in their

billable

hours.

The

economic

benefits of a lawyer using AI should be passed onto clients.

authority, including quotes, holdings and legal citations generated by AI. Instances of lawyers submitting court documents with fabricated citations, as seen in cases like Mata v. Avianca, Inc., 678 F. Supp. 3d 443 (S.D.N.Y. 2023), underscore the importance of lawyers critically

reviewing

generated

by

AI.

work In

product

Avianca,

the

lawyers used AI to generate a response to a motion. The lawyers did not review the document that contained multiple fictitious case citations before filing it with the court. The court later issued

Candor to the Tribunal (Prof.Cond.R. 3.3)

Civil Rule 11 sanctions against the lawyers, ordering them to pay $5,000

AI products occasionally hallucinate

and

and

legal education (CLE) training on the

provide

inaccurate

information.

This is because AI generates responses

complete

additional

continuing

proper use of legal technology.

based on patterns in the datasets it was trained on. This can lead to plausible

sounding

but

inaccurate

information when AI fills in gaps with its best guess or prediction. Lawyers using some AI products for legal research may

sometimes

encounter

Best Practices for Ethical AI Use To utilize AI’s benefits while mitigating ethical lapses, lawyers should consider the following best practices:

fictional

case citations and propositions of law.

1. Understanding the Technology: If

When using AI to prepare court filings,

purchasing or subscribing to an AI

lawyers have an ethical duty under

product, familiarize yourself with its

Prof.Cond.R. 3.3 (candor to a tribunal)

functionalities

to carefully verify the accuracy of case

Regular training and continuing legal

112 | Columbus Bar Lawyers Quarterly | Spring 2025

and

limitations.

education on AI technology and legal

filings

technology in general is encouraged.

reviewed for accuracy by a human.

2. Vet AI Vendors:

AI

7. Bill for Time Worked: Avoid the

products with clear data security

temptation to bill clients for the time

and confidentiality protocols. Review

you traditionally spend on a legal

vendor specifications, terms of use,

task when the use of AI significantly

and

reduces your billable hours.

privacy

Choose

policies

prior

to

produced

with

AI

were

implementing AI in your practice.

3. Case Citations:

Use reliable

online legal research tools like Lexis, Westlaw and Decisis to verify case citations generated by AI products.

Looking Ahead AI is bringing about significant changes across a variety of professions and industries. As the technology continues

4. Maintain Transparency: Inform

to rapidly advance, lawyers will need to

clients through fee agreements or

navigate the challenge of incorporating

other means about your use of AI

AI into their practices while maintaining

products including their potential

their ethical obligations under the Ohio

risks and benefits.

Rules of Professional Conduct.

5.

Exercise

Independent

Professional Judgment: Use AI as a product to enhance, not replace, your

independent

D. Allan Asbury, Senior Counsel Ohio Board of Professional Conduct allan.asbury@bpc.ohio.gov

professional

judgment. Always critically assess AI-generated work product.

6. Know the Rules: Stay informed about local court rules and standing orders regarding AI use in court

Disclaimer: The views and opinions expressed in this article are solely those of the author and do not reflect the official

filings. For example, some courts in

policy, position or opinions of the Ohio Board of

Ohio may require the signing of

purposes only and should not be interpreted as legal

certifications by lawyers that any

Professional Conduct. The content is for informational advice or guidance by the author.

113 | Columbus Bar Lawyers Quarterly | Spring 2025

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