The Ohio Supreme Court has provided the courts of Ohio with educational videos that can be utilized to inform people who have been summoned for jury duty of their role in the judicial system. One video describes the jury process for criminal and civil trials (petit juries), while the other video describes the jury process for a grand jury. Both videos begin and conclude with remarks by Chief Justice Sharon L. Kennedy of the Ohio Supreme Court.
The video for petit juries provides a description of the Ohio court system and the jury selection process. Jurors will learn about the different stages they will experience, common terms used in a courtroom, courtroom rules, and expected behavior. Jurors will also gain insight into the structure of Ohio courts such as the roles of each court staff member. Jurors will gain a better understanding of court procedures and their overall role as a juror.
The video for grand juries provides an explanation on the responsibilities of a grand jury. The video repeatedly advises jurors that they will not find someone guilty or innocent; instead, they will be determining if there’s enough evidence to charge the accused. Those watching the video will gain better knowledge of the history of the grand jury, including their oath of secrecy. This video also provides jurors with common terms and phrases that may be used in court.
Each video was produced by the Ohio Judicial Conference, the Ohio State Bar Association, the Supreme Court of Ohio and Ohio Government Telecommunications. The videos can be found on the Ohio Channel’s website. Their overall goals for each video are to provide an educational resource for the judges and courtrooms in Ohio and to better inform the public on the importance of jurors in the judicial system.
The American Bar Association standing committee on Ethics and Professional Responsibility issued formal opinion 512 which identified potential risks for lawyers who are using generative AI technology. The opinion offers general guidance while focusing on professional conduct such as competence, confidentiality, communication, supervisory responsibilities, and fees. The risks associated with the use of GAI can vary, and the opinion mentions specific issues of meritorious claims and candor toward a tribunal. The ABA addresses concerns of GAI tools having "hallucinations", providing responses that have no basis in fact, false citations to nonexistent cases, inaccurate analysis of legal authorities, and many other inconsistencies. Though the Ohio Bar Association has not issued a formal opinion regarding generative AI, the current Ohio rules are similar to the guidelines presented by the American Bar Association. To conclude, formal opinion 512 affirms that lawyers have duties of both legal and technological competence, and lawyers utilizing AI must have a reasonable understanding of GAI tools.
On May 8, 2024, the American Bar Association Standing Committee on Ethics and Professional Responsibility issued formal opinion 511 containing guidance for lawyers who request advice from their colleagues through a listserv. Specifically, the Opinion summary states that:
"Rule 1.6 prohibits a lawyer from posting questions or comments relating to a representation to a
listserv, even in hypothetical or abstract form, without the client’s informed consent if there is a
reasonable likelihood that the lawyer’s questions or comments will disclose information relating
to the representation that would allow a reader then or later to infer the identity of the lawyer’s
client or the situation involved. A lawyer may, however, participate in listserv discussions such as
those related to legal news, recent decisions, or changes in the law, without a client’s informed
consent if the lawyer’s contributions will not disclose, or be reasonably likely to lead to the
disclosure of, information relating to a client representation. "
As far as I can tell, the OHIO RULES OF PROFESSIONAL CONDUCT do not mention listserv conduct specifically, but Ohio Rule 1.6 does pertain to client confidentiality.
Happy Law Day!
Law Day is a yearly event sponsored by the American Bar Association, and this year’s theme is
“Voices of Democracy.” This theme “encourages Americans to participate in the 2024 elections
by deepening their understanding of the electoral process; discussing issues in honest and civil
ways; turning out to vote; and, finally, helping to move the country forward after free and fair
elections.” ABA
To celebrate Law Day this year, the Cleveland Law Library has partnered with the Cleveland Public Library to provide a free, educational program about voting rights today at Noon. If you have not already registered to attend in person or online, you can do so here.
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