News from the Firm - The Law Firm of Richard M. Lewis Jackson Ohio Personal Injury Attorney

CSANK JOINS FIRM AS ASSOCIATE ATTORNEY

The Law Firm of Richard M. Lewis is pleased to announce that Attorney Mark B. Csank has joined the firm as an associate attorney effective April 7, 2008. Mr. Csank graduated from St. Ignatius High School in Cleveland. In 1992 Mr. Csank graduated from Bowling Green University with a degree in business and developed a chain of ten tobacco stores that operated in the greater Cleveland, Ohio area. After working as a self employed business owner for several years, Mr. Csank was admitted to the University of Akron Law School from which he graduated in 2007 with a juris doctor degree. He passed the bar exam in 2007 ranking in the top 25% of those who took the exam. Mr. Csank is an animal lover and enjoys jogging and reading for pleasure. He recently joined the Holy Trinity Parish in Jackson, Ohio.

LEWIS NAMED SUPER LAWYER

Attorney Richard M. Lewis was recognized by being included in the January 2006 publication of Super Lawyers in Ohio that appeared in Cincinnati Magazine and in a separate publication containing biographical information about lawyers in Ohio who were selected by the publisher. Super Lawyer nominees are grouped into more than 60 practice areas. Those nominees with the highest point totals from each practice area are invited to serve on the blue ribbon panel. Each blue ribbon panelist reviews and scores a list of nominees from his or her primary practice area.

Throughout the selection process the publisher meets and corresponds with law firms in Ohio to identify the top lawyers in those firms. The publisher actively searches for outstanding attorneys to complement the statewide survey of lawyers. The research team evaluates prospective candidates on indicators of peer recognition and professional achievement. Civic service and pro bono activities are also considered. The publisher also reviews the discipline record of each candidate and verifies that the lawyer is active and in good standing with the Attorney Registration Section of the Ohio Supreme Court of Ohio to determine current status, CLE compliance, and discipline record.

Candidates are then divided according to firm size and geographic location. Top candidates from each group are selected as Super Lawyers. Ohio Super Lawyers magazine is published annually by Law & Politics, Minneapolis, Minnesota and Cincinnati magazine.

LEWIS’S PRESENTATION ON WRONGFUL FORECLOSURE CASES

In 2007 Attorney Lewis gave a presentation about “wrongful foreclosure” law suits at a continuing legal education seminar sponsored by the Ohio Association for Justice. The presentation was part of a seminar about legal issues that are considered to be a part of “consumer law.” Attorney Lewis served as the vice-chair of the Consumer Law Section for the Ohio Association for Justice in 2007 and 2008.

LEWIS HELPS CREATE, MODERATES, AND LECTURES AT CONTINUING LEGAL EDUCATION SEMINAR

On February 20, 2006,Attorney Richard M. Lewis of Jackson moderated a continuing legal education program attended by attorneys in Columbus, Ohio. Mr. Lewis and Attorney Steve Daulton of Columbus put the seminar together by determining the topics to be covered and obtaining the cooperation of quality speakers to make educational presentations on the topics. The seminar focused on family law issues. Attorney Lewis also served as the speaker on the topic of a new proposed legislation that would provide a standardized approach for courts to follow when deciding how to resolve questions relating to spousal support or alimony. The seminar will be presented in Cleveland on March 3rd and that presentation will be moderated by Mr. Daulton. Attorney Donald A. Cox who maintains an office in Jackson spoke about private judges who can be hired by the parties to a lawsuit, including a divorce, to officially preside over their cases. Attorneys who attended the seminars receive credit from the Ohio Supreme Court toward their continuing legal education requirements.

In May 2004, attorney Lewis was inducted into the Ohio Academy of Trial Lawyers "Trial College Hall of Fame" as a stalwart member of the faculty at the trial techniques legal education seminar, the "Trial College," presented over two days each summer. The two day seminar is presented to young lawyers who want to improve their ability to try a case to a jury and includes lectures about each phase of a trial followed by actual performances by the student lawyers that are videotaped for the student. The student lawyers are then critiqued by the faculty. This two day "learn by doing" trial seminar always receives overwhelmingly positive response from the student lawyers. The award was presented to attorney Lewis at the 50th Annual Convention of the Ohio Academy of Trial Lawyers held May 20th and 21st at the Hilton Hotel at Easton, Columbus, Ohio.

Attorney Lewis participated in the continuing legal education presentations at the Ohio Academy of Trial Lawyers' 50th Annual Convention as a speaker at a program focused on the operation, efficiency, and success of small law firms engaged in civil litigation. The presentation was entitled, "Things We've Learned Going Solo or Small." Law firms having two lawyers made up 40.6% of the law firms in 2000. The percentage of law firms having 5 or fewer lawyers was 76.5% in 2000.

The convention brought special guest speaker Senator John Edwards of North Carolina to the awards luncheon on May 21st along with Congressman Ted Strickland, State Senator Scott Oelslager, Chair of the House Judicial Committee, and Ohio House Speaker Larry Householder.

In 2004, attorney Lewis of Jackson, Ohio, served as a member of a bi-partisan 10 person committee responsible for interviewing all candidates for the Ohio Supreme Court who are running for election to 4 open seats on the Court in November 2004 and making recommendations to the Board of Trustees of the Ohio Academy of Trial Lawyers about whether the Academy should make endorsements of any of the candidates and if so who to endorse. The committee met in Columbus, Ohio, on June 1, 2004, with all candidates running for the three contested seats that are up forelection in the fall. One of the four seats was not contested and Justice Paul Pfeifer run for re-election to that seat with no opponent.

The Ohio Supreme Court is the highest Court in Ohio and not only hears appeals from the various Courts of Appeal in Ohio but also has important rule making authority governing the practice of law in Ohio and the procedure followed in civil and criminal cases. The Ohio Supreme Court may again deal with cases involving important matters including school funding and whether the legislature may impose caps on damages that can be assessed against wrongdoers who injure people intentionally or by their negligence regardless of what a jury might decide.

Attorney Richard M. Lewis was reappointed to a second term by the Ohio Supreme Court as a member of the Supreme Court Commission on Certification of Attorneys as Specialists. Mr. Lewis’ term will end December 31, 2005. Mr. Lewis will serve as the Vice-Chair of the Commission in 2005. The Commission consists of seventeen members. One attorney is appointed from each of the twelve appellate court districts. Mr. Lewis is the court’s appointee from the fourteen-county district known as the Fourth Appellate District which includes Jackson County. In addition, three law school faculty members and two judges also serve as members of the commission.

The purpose of the commission is to approve and regulate agencies that certify lawyers practicing in Ohio as specialists. Among other functions, it adopts standards that certifying agencies shall establish in certifying attorneys as specialists.

Recognized areas of legal specialties include Family Relations Law; Worker’s Compensation; Criminal Law Trial Advocacy; Civil Law Trial Advocacy; Business Bankruptcy Law; Creditor Rights/Debt Collection; Consumer Bankruptcy Law; Estate Planning; Trust and Probate Law; Federal Taxation Law; Elder Law; Business, Commercial and Industrial Real Property Law; and Residential Real Property Law.

Attorney Lewis is certified as a specialist in Civil Law Trial Advocacy by the National Board of Trial Advocacy.

Attorney Lewis wrote the "ethics" questions and model answers for the national examination given by the National Board of Trial Advocacy to attorneys seeking to be certified as family law specialists by the NBTA in 2004.

Attorney Richard M. Lewis participated as an instructor in a trial skills workshop presented by the Ohio Academy of Trial Lawyers in Columbus, Ohio, July 9 through 11, 2003. The program is presented to less experienced lawyers in order to provide them with training concerning the skills necessary to try a civil lawsuit to a jury. Topics included jury selection, opening statement, direct and cross examination of witnesses, and closing argument. A mock fact pattern is the basis for the trial presentations.

The program provides lectures addressing each part of the trial followed by having the student lawyers present the part of the trial being taught in the part of the seminar while they are observed by faculty members. Following each student's presentation, the instructors assigned to the group provide comments and constructive criticism. The presentations of the students are video-taped for their review. The program was well received by the lawyers who attended.

Attorney Lewis received a Distinguished Service Award from the Ohio Academy of Trial Lawyers during the Association's Annual Convention in Cleveland in April 2003. The award was given to Mr. Lewis for his efforts in co-authoring and co-editing a book of model documents to be used by attorneys in drafting a number of different kinds of civil lawsuits, including complaints, motions and requests for discovery information. The book is entitled The Big Book of Complaint.

The book was given to the Ohio Academy of Trial Lawyers with permission to sell it as a fund raiser for the Association. When purchased, the book is also provided on a CD. Mr. Lewis co-authored and edited the book with Columbus attorney Mark Kitrick in 2002. Sales of the book, as of April 2003, generated more than $70,000 for the Association.

The Ohio Academy of Trial Lawyers is a professional association of attorneys who regularly provide legal services for people who have been injured due to the negligence, recklessness or intentional misconduct of others. The Association advocates to protecting the right to trial by jury. Mr. Lewis is a member of the Association's Board of Trustees.

Attorney Richard M. Lewis has been appointed as a member of the Ohio State Bar Association’s Committee on the Independent Judiciary and the Unjust Criticism of Judges. The committee is charged with evaluating potential responses to the unjust criticism of judges and fostering the understanding of an independent judiciary among the public. The development of the committee results from a recognition that there are situations where a judge receives unjust criticism but is prohibited by professional ethics from responding. The Ohio State Bar Association can serve the public by providing correct information about the judges role and limitations to provide a better understanding of the legal process by members of the public.

The Ohio State Bar Association will work closely with the Ohio Judicial Conference, which has a similar committee, to provide public information about the role of judges and various aspects of the legal process. The two committees will also work together when a complaint is filed to develop appropriate responses. The purpose is not to stop criticism of judges or the legal process but it is to curb unjust criticism and help to maintain the independence of the judicial branch to insure fairness in the legal system.

Ohioans with concerns about the unjust criticism of judges in Ohio can forward their complaints in writing to the General Counsel of the Ohio State Bar Association, P. O. Box 16562, Columbus, Ohio, 43216-6562. The General Counsel will also forward a copy of the complaint to the committee for consideration and response.

Members of the OSBA committee include: Judge John Adams, Akron; Thomas Berridge, Columbus; Beverly Briggs, Cleveland; Judge James Brogan, Dayton; Judge Mary Cacioppo, Cuyahoga Falls; James Caruso, Toledo; Judge Dale Crawford, Columbus; C. Lynne Day, Chardon; Frank Diedrichs, Cincinnati; Gerald Draper, Columbus; Judge Mike Fain, Dayton; Judge Donald Ford, Warren; Cherie Gall, Athens; C. Michael Gegenheimer, Granville; Judge Scott Gwin, Canton; Judge Charles Hague, Jefferson; Judge William Harsha, Chillicothe; Steven Herron, Columbus; Barbara Howard, Cincinnati; Thomas Intili, Dayton; Reginald Jackson, Jr., Toledo; Judge Diane Karpinski, Chair, Cleveland; William Keck, Hamilton; Richard Kerger, Toledo; Richard Lewis, Jackson; James McCrystal, Cleveland; James McMonagle, Cleveland; Christopher McNeil, Worthington; John Norwine, Cincinnati; Michael Piacentino, Marion; Judge Richard Reinbold, Canton; Judge Robert Ringland, Batavia; James Roberts, Youngstown; Judge Reginald Rouston, Findlay; Judge Ted Schneiderman, Akron; Heather Sowald, Board Liaison, Columbus; Terrance Steel, Cleveland; Geoffrey Stern, Columbus; David Tyron, Cleveland; Judge Cheryl Waite, Youngstown; Andrea Weinstein, Toledo; Judge William Young, Middletown.

Mr. Lewis lectured on the topic, "Set-Offs In Cases Involving Multiple Defendants, An Analysis of Fidelholtz," at the Ohio Academy of Trial Negligence Law Seminar presented at the Holiday Inn, West, Roberts Road, Columbus, Ohio, on February 8, 2002.

Attorney Lewis is a regular lecturer at continuing legal education seminars. He presented papers at several different seminar last year on topics ranging from nursing home negligence and abuse to the use of biomechanical engineers in personal injury cases. Last year Mr. Lewis also taught direct-examination techniques at a multi-day trial advocacy course presented at the Capital Law School in Columbus, Ohio.

In January 2001, Mr. Lewis reorganized his law practice under the name of The Law Firm of Richard M. Lewis. Mr. Lewis has an "A" rating from Martindale-Hubbell, which is the highest rating assigned. Mr. Lewis is also a certified civil trial specialist, having received his board certification from the National Board of Trial Advocacy. Mr. Lewis concentrates his practice in the area of civil litigation, including domestic relations, insurance law, personal injury, wrongful death, employment law and commercial litigation.

DID YOU KNOW?

● As of August 2003, only 6 out of 33 Ohio State Senators and 18 out of 99 Ohio Members of the Ohio House of Representatives in the Ohio General Assembly are lawyers.

● A study by the National Center for State Courts based on statistics from 14 states reflects no increase in the number of lawsuits filed from 1996 to 2000.

● There is no evidence that capping damages in injury cases reduces insurance rates.

● A 1999 study concluded that "states with little or no tort law restrictions have experienced the same level of [insurance rate increases] as those states that enacted severe restrictions on victims' rights." J. Robert Hunter & Joanne Dorshaw, Premium Deceit: The Failure of "Tort Reform" to Cut Insurance Prices 2 (2002).

● Time Magazine's June 2, 2003, cover story is about "medical malpractice crisis and reports that a study to be published in Weiss Ratings, an independent insurance rating agency in Florida, found that between 1991 and 2002, states with caps on non-economic damage awards saw median doctors' malpractice insurance premiums rise 48% - a greater increase than in states without caps. In states without caps, median premiums increased only 36%. Moreover, according to Weiss, "median 2002 premiums were about the same" whether or not a state capped damage awards. Time reported, "Weiss found nine states with flat or declining premiums; tow of them had caps, seven did not. Weiss speculates that state regulation of premium increases made the difference. Moreover, said Time, "caps on non-economic damages may not hold down doctors' insurance costs, but they have boosted insurers' profits... 'The caps are great for insurers,'" Weiss said.

● Caps on pain and suffering awards - so called non-economic damages - hurt most those who have suffered catastrophic injuries and experienced permanent and severe pain, disfigurement, or physical impairment, especially, children and the elderly, for whom lost wages and medical expenses do not fully reflect their loss.

● Tort filings have decreased 9% since 1992 according to the report "Examining the Work of State Courts, 2002" by the conference of State Court Administrators, the Bureau of Justice Statistics, and the National Center for State Courts Statistics Projects.

● The report "Compensation for Accidental Injuries in the United States" by the Rand Institute for Civil Justice (1991) found that one in six Americans every year suffers economic loss because of an injury but "the injured person does not even consider the notion of seeking compensation from some other person or entity." Only 2% file a law suit.

● The Volunteer Protection Act of 1997 bars suits against volunteers for non-profit organizations or government programs, even if they are negligent.

● A survey of the Federal Judiciary by the Dallas Morning news and Southern Methodist University Law School found that 96% of judges said they agree with jury verdicts most or all of the time. Nine of ten judges responding said jurors show considerable understanding of legal issues involved in the cases they hear ("judges rule in favor of juries: surveys by Morning News, SMU Law School find overwhelming support for citizens' role in court system,") (Dallas Morning News May 7, 2000).

● The general accounting office performed an analysis entitled "Analysis of Medical Malpractice: Implications of rising premiums on access to health care, general accounting office, GAO-03-836, August 2003."

● The Americans For Insurance Reform's Study, Stable Loses/Unstable Rates, shows that since 1975, Medical Malpractice paid claims per doctor in this country have tracked medical inflation very closely (slightly higher than inflation from 1975 to 1985 and flat since).

● The firm Covington and Burley represents the cigarette manufacturers, asbestos defendants, and chemical companies and created and funded the tort reform efforts of the 1990's, in the form of the Citizens Against Law Suit Abuse Organizations in most states.

● U.S. Supreme Court Justice, John Marshall, wrote in his opinion in Marbury v. Madison, 1803, "The very essence of civil liberty consists in the right of every individual to claim the protection of the laws when ever he receives an injury."

● Legislation to cap damages in medical malpractice lawsuits would "do little to hold down health care spending" or eliminate the practice of "defensive medicine," according to a Congressional Budget Office report released last week, CongressDaily reports (CongressDaily, 1/13). The report found that malpractice insurance premiums have increased in recent years in part because insurers have experienced increased in claims costs, as the amounts of damage awards in malpractice lawsuits have increased. However, the report found that malpractice insurance premiums also have increased because of reduced income from insurer investments and short-term factors in the insurance market. The report found that although malpractice insurance premiums are lower in states with caps on damages in malpractice lawsuits, "even large savings in premiums" would have a small impact on total health care spending because malpractice insurance costs account for less than 2% of spending (CBO report, 1/8). In addition, the report found that a cap on damages in malpractice lawsuits would not likely end the practice of "defensive medicine" -- in which physicians order more procedures and tests than are medically necessary to avoid malpractice lawsuits -- because "physicians who practice defensive medicine may do so less because they fear liability than to generate more income," Congress Daily reports (CongressDaily, 1/13). The report did not reach a conclusion on whether caps on damages in malpractice lawsuits affect access to health care. According to the report, although the General Accounting Office confirmed cases in which access to emergency surgery and newborn delivery was reduced in "scattered, often rural areas where providers identified other long-standing factors that affect the availability of services," The GAO also found that many reported shortages of health care services "could not be substantiated" or "did not widely affect access to health care" (CBO report, 1/8). Medical Errors. The CBO report also found no evidence that the current medical liability system prevents medical errors, a claim that some opponents of caps on damages in malpractice lawsuits have made (CongressDaily, 1/13). The report said that the medical liability system may not prevent medical errors because health care providers are "generally not exposed to the financial cost of their own malpractice" and because "very few medical injuries ever become the subject of a tort claim." (CBO report, 1/8).