Annual Ethics & Trends in Litigation

Aggressive Appellate Procedure and Ethical Risk Taking

Terry Posey, Porter Wright

This year we have seen a substantial rise in ethical commentary arising from appellate procedural actions. OSBA Certified Appellate Expert Terry Posey will discuss the practice of using appellate filings as a method of influencing trial court outcomes and recent decisions calling the wisdom of these tactics into question. We will also discuss the relationship between these issues and a lack of clear understanding (between trial courts, appellate courts, and practitioners) of when trial court stays go into effect.

The Administrative State is Dead, Long Live the Administrative State

Sean Aasen and Shane Pennington, Porter Wright

Co-Chairs of Porter Wright’s Regulatory and Administrative Law practice Sean Aasen and Shane Pennington take a critical look at the state of administrative law in the wake of the Supreme Court’s stunning yet unsurprising overturning of the longstanding Chevron doctrine in Loper Bright v. Raimondo.  Many academics, practitioners, and jurists have tried to predict what Loper Bright would mean for the future of the vast administrative state that regulates many aspects of the U.S. economy and citizens’ lives.  This discussion looks at those questions--but from a focused, practical perspective that takes into account what Loper Bright means for our clients, how practitioners across different groups should keep these shifts in the law in mind, and how the firm’s nascent Regulatory and Administrative Law practice group can assist.  Sean and Shane will look at examples of how court have already started grappling with the death of Chevron, what is certain to change going forward, and how the administrative state is likely too big to dismantle entirely.

Trends in Artificial Intelligence

Jennifer Wondracek, Capital University Law School

Trends in Legal AI offers an overview of both traditional and generative artificial intelligence (AI), with a focus on its application in the legal field. Attendees will examine notable instances of generative AI misuse and the corresponding judicial responses, including specific AI protocols such as Ohio's standing orders. The session will also cover practical uses of generative AI in today’s legal practice and provide guidance on key factors to consider when selecting the right AI tools for specific legal needs. Live demonstrations will showcase and compare how legal-specific and general generative AI systems perform common legal tasks.

Trends in the Legal Profession

Mary A. Augsburger, and Jocelyn Armstrong, Ohio State Bar Association

Is the Ohio legal profession keeping up with trends in the profession or are we being left behind? How do we maintain the core values of our profession (independence, professionalism, competency, and integrity) while evolving to meet modern times? What are others doing?

The Ethics of Lawyer Wellbeing

Emily Stedman, Husch Blackwell

In this hour-long presentation, we’ll explore a growing area of concerns and importance in our profession: lawyer wellbeing and the ethics of it. The presentation will cover the following topics and referencing ABA Model Rules. Emily will share her story and why she is speaking about this. The definition of wellbeing and lawyer wellbeing (and why it matters). The barriers to better mental health and wellbeing for attorneys. The ethical obligations related to attorney mental health and wellbeing. Concrete steps attorneys and their firms can take to improve attorney wellbeing (for themselves and others).

The Darwinian Awards for Lawyers. Learning Legal Ethics from Other’s Mistakes

Joel Oster, Comedian of Law

Your mother always told you – you can learn things the easy way … or the hard way! This presentation allows you to learn legal ethics – the easy way. By reviewing the mistakes other lawyers have made, from advising clients to put a sign up in their yard announcing illegal activity was going on inside the house, to lawyers getting opposing counsel drunk just to score some points with the jury, this class hands out the Darwinian Awards. Charles Darwin had a theory that only the fittest survive.  Well … you can be among the fittest by adjusting your behavior to not match these lawyers.