Page 11 - JanuaryFebruary26 Report

p ro f e s s i o n a l i s m i n p r ac t i ce :
A Young Lawyer’s Guide to Civility
in an Adversarial Legal System
I was six months into my practice drafting a
motion to compel discovery on a medical
malpractice case and I knew I had a good argu-
ment. This would be the first motion that I would get
to argue in front of a judge and while nervous, I was
emboldened by what I had prepared. However, there
was one problem. A huge problem. I missed a very
important procedural step in the Ohio Rules of Civil
Procedure. Even worse, the details of that rule were
reiterated in the judge’s standing orders.
According to the Rules of Civil Procedure, specif-
ically Rule 37, notice is to be provided to other parties
and the motion shall include a certification that the
movant has attempted to confer with the opposing
party failing to make discovery in an effort to resolve
the dispute without court action1. I didn’t do that,
and the judge made sure to point out that if I failed
to properly follow the Civil Rules again, my motion
would be automatically denied. Not a good represen-
tation for my first motion hearing. But that moment
By Nate Sparks
january/february 2026 cba report | 11