January 2022 | Dayton Bar Briefs Magazine Vol. 71 No. 5

Page 1

JANUARY 2022 The Off icial Magazine of the DBA

BarBriefs Bar Briefs

HAPPY NEW YEAR


BarBriefs DBA Board of Trustees

vol.

71

JANUARY 2022

Contents

2021-2022

Columns:

President

First Vice President

4

The Power of the Written Word

6

The Good, The Bad, & The Ugly: Why Frequent Feedback is Essential for New Attorneys

20

New Year and a New Approach to Legal Representation

By Merle Wilberding Esq. | Coolidge Wall Co., LPA

PRESIDENT'S MESSAGE

Second Vice President

TRUSTEE'S MESSAGE

Treasurer

Secretary

Member–at–Large

MAGISTRATE'S DESK

Member–at–Large

Features:

8

Member–at–Large

By Dr. Ebony D. Davenport | University of Dayton School of Law

By Magistrate Jeannine Myers | Montgomery County Common Pleas Court

Dalma Grandjean Esq. Buckley King LPA

ake the Most of YOUR

By Morgan K. Napier Esq. | Faruki+ PLL

BARRISTER OF THE MONTH

Member–at–Large

18 DBA Membership WORKERS' COMP

Immediate Past President

, ex ocio

uing Legal Education Bar Counsel

Member Rates on All LIVE & Online Programs & CLE Passports SAVE Up to 30% on Programming

, ex ocio

By Jennifer Brill Esq. | Graydon Head & Ritchey LLP

Sabra L. Tomb Esq. Air Force Research Laboratory

By Kyler Palmer, JD Candidate 2022. | University of Dayton School of Law

RISING STAR

s

our Skills in the Legal Profession gal Topics and Trends in Your Practice Areas

B A R B RI E F S

19

COVID-19: The Next Occupational Disease?

is published by the

Dayton Bar Association, 109 N. Main Rental

e and Office Space in Downtown Dayton, with seating up to 50 St., Ste 600, Dayton, OH 45402– d Pricing for Members!

22

Associate Attorneys: Are they worth the training? By Brooke Schleben Esq. | Lovett & House Co., LPA.

YLD

1 2 9 , as its official publica­ tion for all members. Comments about this Departments: Legal Research p u b l i cationAccess and e d iThrough torial m aFastcase te r ial and How-To Tutorials Sent Weekly to Your Inbox can be directed to the DBA oce . ffie 9 January 2022 DBA Section Meetings Join a DBA Section in the new year! is published tionsDAYTON ARB FSIEBR 15 Carl D. Kessler Inn of Court Is there room at the inn? r BriefsOctober Magazinethrough (monthly) Summer. Follow the DBA on Social Media gal Directory (annual) @DaytonBar 16 On Demand CLE Get your CLE on your time

Online Versions of Print Accessible 24-7 Paid subscription: Sent Straight to Your Inbox $30 / year

@DaytonBarAssociation

Library of Congress ISSN 0# 4150– 49 5

Referral Service // New Legal.IO Jennifer Otchy

Also Inside:

Client Base + Grow Your Practice Chief eEx cutevi Ocer ith Clients

24

Shayla M. Eggleton

unity CoOutreach munications Manaeg r

Dayton Bar Foundation pg 24 Diversity & Inclusion Legal Roundtable pg 26 Greater Dayton Volunteer Lawyer Project pg 27 University of Dayton School of Law pg 27 Ohio Lawyers Assistance Program (OLAP) pg 28

eroes & Wills for Vets Phone: 222.7902 Dayton nteer Day @ The937.FoodBank l Award & Law Day Activities www. daybar. org

king

e oc tn ents exerp es d ni the acilbup tion Club Luncheons (monthly) entee of Events Popcorn,BAR BRIEFS Pizza & Movies DAYTON

urt

et?

od on t

Leadership Development Projects

er ect the ocai l op tis oi n of the .ABD

LAW RELATED ORGANIZATIONS

26 26 26

MEMBERS ON THE MOVE CLASSIFIED ADS ADVERTISER INDEX

www.daybar.org | 937.222.7902

no.

5


2021-2022

DBA Annual Partners PiK"d"BaBB}a7'BaBc"a7m}eeKivaBdeaivBimB"e"BK}i?"mm"KBvK}ivBivB administration of justice, enhance the public’s respect for the law, and promote excellence & collegiality in the legal profession.

PLATINUM PARTNER: Coolidge Wall Co., LPA | www.coollaw.com For more than 165 years, Coolidge Wall has had a singular mission – provide trusted and collaborative legal counsel to businesses and individuals throughout the Dayton region – giving our clients the attention, experience and advice needed to help them achieve their goals. Since 1853, we have stayed true to our Dayton roots and strong in our commitment to be the local, full-service law firm your business can count on today and for years to come.

GOLD PARTNERS: FARUKI+ | www.ficlaw.com

Thompson Hine LLP | www.thompsonhine.com

FARUKI+ is a premier business litigation firm with offices in Dayton and Cincinnati. The firm’s national practice handles complex commercial disputes of all types, including class actions; antitrust; securities; unfair competition (trade secrets and covenants not to compete); employment; advertising, media and communications; attorney malpractice; data privacy and security; intellectual property and product liability. While its trial practice is national, the firm has always been, and continues to be, committed to the local legal community.

Thompson Hine LLP, a full-service business law firm with approximately 400 lawyers in 7 offices, was ranked number 1 in the category “Most innovative North American law firms: New working models” by The Financial Times. For 5 straight years, Thompson Hine has distinguished itself in all areas of Service De-livery Innovation in the BTI Brand Elite, where it has been recognized as one of the top 4 firms for “Value for the Dollar” and “Commitment to Help” and among the top 5 firms “making changes to improve the client experience.” The firm’s commitment to innovation is embodied in Thompson Hine SmartPaTH® – a smarter way to work – predictable, efficient

and aligned with client goals.

If you are interested in becoming a DBA Annual Partner, contact: Jennifer Otchy, DBA CEO | jotchy@daybar.org | 937.222.1364

3


Column

President's Message:

The Power of the Written Word

A

s lawyers we use the written word every day to advance the causes of our clients and to advance our own interests and beliefs. The written word is an important part of our lives. For me, it is also an important part of the mantra for the Dayton Literary Peace Prize Foundation for which I have been a trustee for the past fifteen years. That Foundation advocates advancing peace through the written word. In this column I am focusing on Gilbert King, one of the winners of the Dayton Literary Peace Prize, because King has not only advanced peace through the written word, King has advanced justice through the written word. King was honored by the Dayton Literary Peace Prize Foundation in 2012 for his Pulitzer Prize winning book, The Devil in the Grove, the story of the Groveland Boys, Thurgood Marshall, and, as it says on its cover, the dawn of a new America. The underlying facts are these: On April 16, 1949, Normal Padgett, a seventeen-year-old white girl was with her estranged husband in their broken-down jalopy when they had car trouble as they drove down a country road outside of Groveland, Florida. They were approached by two black men who tried to help start them their car. But the battery was completely dead, and they could not push it out of the weeds on the side of the road. The two black men moved on. Inexplicably Norma Padgett reported to the police that she had been abducted and raped by four black men. Based on that allegation, the sheriff and his posse arrested Charles Greenlee, Walter Irvin and Samuel Shepherd; those same authorities then beat them and coerced confessions out of them. The fourth person, Ernest Thomas ran and tried to escape into the woods where he was killed by a hail of some 400 bullets from the posse. After a trial by an all-white jury, Walter Irvin and Samuel Shepherd, the two individuals who 4

DAYTON Bar Briefs |

JANUARY 2022

By Merle Wilberding Esq. Coolidge Wall Co., LPA Wilberding@coollaw.com

had actually tried to help her, were sentenced to death. Charles Greenlee was sentenced to life in prison. They were defended by Thurgood Marshall, then the counsel for the NAACP Legal Defense Fund. On appeal Marshall successfully got the U.S. Supreme Court to overturn their convictions and order retrials. Lake County Sheriff Willis V. McCall, portrayed as a villain throughout the story, decided to personally go to the state prison and bring them back for their retrials. Enroute he stopped on a side road and shot Shepherd and Irvin, killing Shepherd and leaving Irvin for dead. Even though the prisoners were hand-cuffed, McCall claimed self-defense. Irvin was then retried and was again sentenced to death, although his sentence was later commuted to life in prison. In some ways, the Groveland Four case was no different than many other cases languishing in the Jim Crow South during that era. This case became notorious because, sixty years later, Gilbert King carefully and meticulously researched the case, interviewed all the underlying witnesses, and wrote his book that in 2012 won both a Pulitzer Prize and a Dayton Literary Peace Prize. After his Dayton Literary Peace Prize Award, King became a continuing part of the Foundation and, because of that, he has enhanced the Dayton prize itself. I have been fortunate to work closely with Gilbert King over the years. He is a big booster of the Dayton community, even though his primary residence remains in New York City. More importantly, King became a continuing part of the efforts to get justice for the Groveland Four through the written word. The power of his written word was the major force behind a series of apologies, pardons, and reparations for the Groveland Four.

continued on page 5


"T

he written word is an imporant part of our lives.

Gilbert King with Merle and Susan

• In 2016 Lake County and the city of Groveland issued formal apologies for the misjustice • In 2017 the Florida legislature formally apologized and urged reparations. • In 2018 the Florida Attorney General directed a new review of the case. • In 2019 Governor Ron DeSantis pardoned Greenlee, Irvin, Shepherd & Thomas Finally, on November 22, 2021, a judge in Florida, at the request of the local prosecutor, dismissed the convictions of Walter Irvin and Charles Greenlee and dismissed the indictments of Samuel Shepherd and Ernest Thomas. Gilbert King attended that hearing and was accompanied by Thurgood Marshall, Jr., the son of Justice Marshall who had defended them in their trials and appeals seventy-five years ago.

"

Elliott

By then they had all died, but even after their deaths, their families had continually urged their exoneration. Now, years after that miscarriage of justice, the families have taken some solace in the complete dismissal of the charges. In one of his many visits to Dayton, Gilbert King talked about his experiences in researching the evidence and attempts to interview the witnesses, including Norma Padgett who is still alive and who at a clemency hearing in 2019 continued to claim that they were guilty and should not be pardoned. King also expressed his relief and gratitude that the Groveland Four had finally been exonerated, albeit posthumously. As I said in my inauguration as President of the Dayton Bar Association, I believe we as lawyers are in a noble profession. As lawyers, we should take the final exoneration of the Groveland Four

as an illustration of the power of the written word. As Jonathan Hollingsworth said about us in a meeting at the Ohio State Bar Foundation, “We are in the greatest profession in the world. We are the difference makers.” We can make a difference by the written arguments we make. We can make a difference by the words we write. We should give credit to Gilbert King his contributions to the Dayton Literary Peace Prize and for showing that through the written word we can achieve justice. As lawyers we should take advantage of the power of the written word to work for justice in our professional efforts.

JANUARY 2022 |

DAYTON Bar Briefs

5


Column

Trustee's Message: The Good, The Bad, & The Ugly:

Why Frequent Feedback is Essential for New Attorneys

W

e all know that new attorneys—even those who graduated at the top of their class—are an investment. While some will hit the ground running quicker than others, they all share a common need that is easy to overlook: meaningful feedback. This goes beyond “Do better” or “Good work,” and ideally occurs more frequently than a yearly performance appraisal. As law schools continue to provide more formative assessments to critique the developing skills of students, so too should law firms and organizations implement more rigorous and consistent policies to meet the feedback needs of new lawyers. Law schools historically receive a lot of flack for failing to prepare graduates for the realities of the life of a practicing attorney. While some points may be well taken, there are some lessons that practitioners can adopt from their colleagues in academia to improve professional development efforts and ideally increase associate retention. (And no, I am not just saying this because I happen to be 6

DAYTON Bar Briefs |

JANUARY 2022

By Dr. Ebony D. Davenport DBA Member-at-Large University of Dayton School of Law edavenport1@udayton.edu

a law professor). Part of the reason why many schools have shifted their assessment models is in an effort to better meet the needs of the students. If a student can measure their comprehension early, they can redirect where necessary and hopefully see improvements when final exams roll around. That student would then avoid some dangerous pitfalls and go on to have a relatively smooth experience through school and transition into practice. That provides for a much different outcome than if the student’s only opportunity to measure their comprehension is on a high-stakes, “all-or-nothing” final examination. It is hard to pick up the pieces when you are unsure of what caused the breakdown. Likewise, the shame and disappointment associated with underperforming can paralyze many from seeking clarity on the matter. That same concept can be applied to the mentoring and professional development process for new attorneys. That said, there is an art to giving feedback. Too little or too vague feedback can instill a false sense of confidence that there is nothing to


improve upon. Conversely, too much feedback can be counterproductive and difficult to implement moving forward. Effective feedback should be equally positive—it identifies areas for growth— and constructively negative in that it offers action items that can be implemented for said growth to occur. Good feedback is timely clear, honest, supportive, sensitive, and balanced. I know what you may be thinking, “But Ebony, I am too busy to stop and coddle my new associate every five minutes to tell them that they are doing a good job.” That is certainly not what I am advocating, that would not be very effective and neither party would take away anything substantive from that exchange. Instead of reserving all of your feedback for an individual’s yearly review (emotions are already running high at this time for new attorneys), try to build in time for review and feedback around big projects throughout the year. This will give you tangible work product to critique and hopefully the project will have required the attorney to engage in a variety of practical skills for you to evaluate. New attorneys thrive on frequent feedback because it gives them something to strive for; it is difficult to make changes when you are not exactly sure where to begin. It also gives promising associates the opportunity to grow in their practice. Very few of us are born excellent attorneys, it is a learned profession for a reason—we need time to actually learn it. Implementing systems that encourage regular feedback allow new attorneys to take ownership in their professional development and allow those in charge of promotion and retention decisions current measurable data to assess. Lastly, like any good policy, it needs to be flexible and must adapt to the changing demographics of the profession. Evaluate your evaluation processes: What seemed to go well with the process this quarter? What should be changed next time? What implicit biases are impacting the way we provide feedback? What new strategies can be adopted moving forward? The start of the new year is a great time to experiment with these and other practices. Best of luck to those just entering the practice, and continued success for all!

Utilize Your DBA Benefits in the New Year!

DBA MEMBERSHIP

ADVANTAGES Take advantage of the value of your DBA membership today!

CLE

• Member 30% discount for live + online CLE. • Over 100+ programs per year in various practice areas and trends in the law. • Ask us about our new Unlimited CLE Membership and On-Demand CLE.

FASTCASE

Unlimited complimentary access to legal research through Fastcase. Webinars and how-to tutorials sent straight to your inbox weekly.

LAWYER REFERRAL SERVICE Access to business building! Join LRS to grow your practice. Each year LRS receives more than 12,000 calls requesting local attorney referrals.

CAREER AND PRACTICE ADVANCEMENT

Excel in your career and join over 25 practice area sections, including Young Lawyers Division, Leadership Development Program and more.

NETWORKING Unparalleled leadership and networking opportunities through Sections, Divisions and DBA Events.

COMMUNITY OUTREACH

A variety of events, programs and opportunities designed to assist to the greater Dayton community that fit your schedule and interests.

PUBLICATIONS AND COMMUNICATIONS

Complimentary editions of Dayton Bar Briefs Magazine and the Legal Directory sent right to your doorstep, archived & accessible online 24-7!

JANUARY 2022 |

DAYTON Bar Briefs

7


Feature

Barrister of the Month:

Dalma Grandjean Esq. Buckley King LPA

D

alma Grandjean turned her cosmopolitan interests into a career. Born in Germany to Hungarian parents, Dalma grew up in the Dayton area speaking Hungarian in her household. After graduating cum laude from the University of Dayton, Dalma worked for the Wright-Patterson Air Force Base where she drew on her multilingual upbringing to serve as a French and Hungarian translator. This experience led her to the University of Dayton School of Law. Dalma graduated summa cum laude from the University of Dayton School of Law while raising her young children. Dalma joined the law firm of Altick & Corwin Co., LPA (now Buckley King) in 1998. Before that she had her own solo practice, where she handled a wide variety of cases for individuals and small businesses. However, it was not long before her exposure to many different practice areas, such as real estate, immigration, bankruptcy, employment, and estate planning, led her to her true passion and current practice area – international and military divorces. Dalma credits her early and vast exposure to different practice areas as a pillar to her success; after all, divorces do not occur in a vacuum. Along with divorce, comes a division of assets, including the reformation of business entities, rewriting estate plans, addressing tax implications, and the list goes on. Her advice to anyone interested in joining the practice area is to develop a general knowledge of many practice areas early in your career. International and military divorces add another layer of complexity, with language and cultural differences comprising some of the less challenging aspects to these cases. While navigating the realm of foreign service, domicile analyses, and pensions is stressful in and of itself, Dalma's clients are often going through 8

DAYTON Bar Briefs |

JANUARY 2022

one of the darkest periods of their lives when they come to her. This is especially true for the clients that she works with through the Ohio Domestic Violence Network. The Ohio Domestic Violence Network is a statewide organization that works to empower women and children impacted by domestic violence. Dalma is able to use her skills to facilitate divorces, protect the interests of domestic violence victims, and help families to rebuild. She finds it incredibly rewarding to watch as her clients become more confident and

assertive. Dalma finds these moments, along with other positive feedback from her clients, to be some of the most gratifying moments of her career. Because of the unique issues that arise in the area of international and military divorces, Dalma has worked with different organizations to educate their members on these topics. She has spoken on topics such as the Hague Convention and division of military and civilian retirement assets in divorce.

"...develop a general knowledge of many practice areas early in your career."


First DBA Luncheon of 2022!

Come out and join retired judges Jeffrey Froelich, Barbara Gorman and soon to be retiring judge Michael Krumholtz as they talk about their years on the bench. Date:

Friday, January 21, 2022 Doors open:

11:30am Program:

Noon-1:00pm Location:

The Old Courthouse Lunch:

Top of the Market Catering

Register: daybar.org Dalma also enjoys her role as the Law Director for the City of Riverside, where she represents the city in different affairs, including attending city council meetings, reviewing and drafting legislation, and reviewing contracts. Dalma has been in this role for many years, and assisted the City of Riverside in different capacities prior to this role. With Dalma's interest in international law, it is of no surprise that Dalma enjoys traveling in her spare time. Most recently, she enjoyed a two-week trip to Costa Rica, where she explored the natural terrain that the country has worked so hard to preserve. She has travelled to many countries ranging from most of Western Europe, to India, China and Australia and makes a point of trying to learn about the history, culture, and languages of the countries she visits.

Register!

January 2022 || DBA Section Meetings DBA Sections resume monthly meetings in January. Get involved in the new year.

YLD January 5

Federal Practice Date TBA

Estate Planning Trust & Probate January 5

Workers' Comp & Social Secutiry January 20

Juvenile Law January 10

Diversity Issues January 25

Employment Law January 11

Criminal Law January 26

Civil Trial Practice & ADR January 11

Corporate Counsel January 27

Appellate Court Practice January 12

Paralegal January 27

By Morgan K. Napier Esq. Faruki+ PLL mnapier@ficlaw.com

JANUARY 2022 |

DAYTON Bar Briefs

9


Getting to know...

The Honorable Judge David Brannon Judge David Brannon elected in November 2020 and sworn in on February 9, 2021 to the Montgomery County Probate Court bench. Can you speak a little about what was your experience like running for office? I had never run for government office before, so I really had no baseline to compare it to. My advisors suggested Covid-19 dramatically changed the landscape because there was little to no door knocking, parades or events with crowds. I made quick friends with the other judicial candidates that I campaigned with. Along with other volunteers, we worked as a team and could rely on one another with an occasional laugh. I met a lot of people, and physically visited every locale in the County; we have a big County. Anyone that runs for office in a contested race will tell you it is stressful, but eye-opening. I do not care to repeat the experience anytime soon, but it was one of my better professional decisions to run and reinforcing that decision. From 2015-2020, you were an OSBA Certified Specialist in Estate Planning, Trust & Probate Law, can you tell us a little bit about the certification process and how it benefited you as a litigator to have that certification? I understand the certification process has changed over the years, so I can speak from my experience. It takes several years of committing to a narrower area of practice, which is and of itself a big decision for any attorney. I believe like many industries in this world, employees must specialize in order to compete and succeed; the practice of law is no different. It was not a difficult choice for me to pursue the OSBA’s specialist certification with that perspective. The OSBA had a fairly extensive criteria for candidates having to provide evidence of hours of practice in a particular area, letters of recommendation from peers, magistrates and judges, and rigorous exam which I spent two full weeks of studying for. The OSBA takes certification seriously and clearly wants qualified candidates to become certified. I can only assume it helps the public 10

DAYTON Bar Briefs |

JANUARY 2022

By Sarita Simon, CASA Staff Attorney Montgomery County Juvenile Court SSimon@mcjcohio.org

differentiate between attorney services to best fit their needs. As a practitioner, I used the OSBA certification to direct clients and other lawyers to my firm, which ultimately is the goal of practitioners. I was able to qualify as an expert in matters, which in no small part was due to the certified specialist badge I was permitted to display on my website and marketing materials once certified. In my opinion the process benefits attorneys that wish to hold them out as experts in a particular area of law. Are there any influxes of cases which individuals would not initially attribute to probate court matters? Although not a direct answer to the question, there has been an influx of estate matters. In 2020, the Ohio Supreme Court confirmed that there was a spike of 20% in estate openings in Montgomery County. One could only attribute this increase to the deaths related to Covid-19. I anticipate, unfortunately, at least similar statistics for 2021. Time will tell. I do expect an influx of cases (which we have not yet seen yet) related to “competency restoration.” Effective August 3, 2021, Senate Bill 2 was enacted. An oversimplification is that criminal courts have an additional two options of dealing with defendants that have been found incompetent to stand trial of a nonviolent misdemeanor charge. One, dismiss and file an affidavit triggering a civil commitment in probate court; or two, refer to an outpatient competency restoration program. There is lot more to talk about here with additional charges and options, but the idea of shifting defendants to probate court for treatment oversight rather than punishment, has potential.


O

n November 19, 2021, the Montgomery County Probate Court celebrated National Adoption Day. Judge David D. Brannon finalized the adoptions, granting eight (8), children “forever families.” Adopting families, partner organizations, elected officials and news media were all invited to attend this joyous event. National Adoption Day is a national effort to raise awareness of the need of permanent and loving households for thousands of children in foster care. Every day in the United States, children who enter foster care as victims of abuse or neglect become eligible for adoption. Most wait at least three years before being adopted. Sadly, one in five children “ages out” of foster care without ever being adopted. Because of many dedicated agencies around the country, 50,000 children in United States foster care programs were adopted last year, and the Montgomery County Probate Court finalized approximately 80 foster care adoptions. There are about 408,000 children in foster care still waiting to be adopted throughout the country. In Montgomery County, there are approximately 200 children eligible and waiting for forever homes. Judge Brannon stated “Adoption Day to me, is about education and transparency. On this day, court proceedings are open to the public to provide a glimpse of what adoptions mean to families and the community. Lifting the veil on confidential matters not only educates the public as to the needs of children in the form of stable and caring homes, but also that government is making best efforts to provide access to the courts.” Several elected officials were present to show their support for the families. Representative Willis E. Blackshear, Jr from the 39th house district presented a proclamation on behalf of the Ohio House of Representatives. Representative Blackshear applauded the families and encouraged those in the courtroom on the continual need for foster parents. His aunt was a foster parent to 25 mostly older children. “The reason why she had a lot of older kids is, it’s harder for them to get adopted. She felt everybody deserved to have a loving and caring home.” Also in attendance was Montgomery County Board of Commissioner President, Judy Dodge, who read a proclamation designating the day as National Adoption Day in Montgomery County. Recorder Brandon McClain presented the Court The Good Deed award and congratulated the families. Senator Stephen Huffman also presented a Resolution from the members of the Senate of the 134th General Assembly of Ohio. It was truly a remarkable event worth sharing.

As a judge, what are you most passionate about? At the moment, we are focused on setting a consistent policy. As of December 3, 2021, we enacted the first phase of our local rules overhaul. We will start drafting the second and hopefully final set for comment within the next few months. The probate court is unlike the general and domestic relations divisions of the common pleas courts, in that a probate judge wears the “hat” of court and clerk. In other words, there’s a lot of extra administrative issues to deal with. We, and special thanks to Lynn Cooper our Court Administrator, are reinventing our efiling process to find efficiencies. I suppose we’re most passionate about finding efficiencies, and it will come. In general, what advice do you have for lawyers that appear in your court? Given that we just enacted our Local Rules, the advice is to read them. Beyond that, I think lawyers, court personnel and the public, need to be patient and show courtesy to one another. The impact of Covid-19 seems to have made a lot of things more difficult to get done, and impatience does not help. Do you have any advice for lawyers who aspire to become a judge? Start early. Find a mentor that has gone through the process and map out a plan. Have thick skin. Protect your reputation. Although most people cringe at the idea of mixing the judiciary and politics, that too, is part of it.

As an active member of the Dayton Bar Association, serving from 2013-2020, as co-chair of the Dayton Bar Association Estate Planning, Trust and Probate Committee, can you discuss your experience as the co-chair? It was a wonderful opportunity to interact with peers and the community in a friendly atmosphere. That involvement came with professional benefits, including referrals, education and volunteer opportunities. It was quite simply a supplement to my career, which I appreciate. When you are away from the office, you are most likely doing….? If it’s the summer, I’m likely at Kings Island with my wife ( Jill) and three daughters (Kate, 14; Brooke, 11; Charlotte, 9). If it’s the winter, I’m likely carpooling to dance practice or dance competitions with the same group of girls. Fun fact you would like to share about yourself? I have a twin brother, Todd. He is also an attorney and works for Caterpillar Inc., based in Peoria, Illinois.

JANUARY 2022 |

DAYTON Bar Briefs

11


2021 DBA

Holiday Luncheon

Celebrating the Greater Dayton Volunteer Lawyers Project and the DBA 25-Year Honorees! Thank You, Guest Speaker Hon. Chief Judge ALgenon Marbley , U.S. District Court for the Southern District of Ohio

12

DAYTON Bar Briefs |

JANUARY 2022


n

DBA 25 Year

Honorees

We appreciate your commitment to the legal community! Honorees in attendance (left to right): Jeffs… e BaS s)… e

!

Faruki+ PLL

Caroline Gentry Porter Wright Morris & Arthur, LLP Anthony VanNoy The VanNoy Firm Brian Wildermuth Subashi Wildermuth & Justice Gregory Ewers Coolidge Wall Co., LPA

Additional 25-Year Honorees: Karen Bradley Bradley & Associates Magistrate Julie Bruns Montgomery Cty Juvenile Ct John Cook Martina Dillon Law Office of Martina M. Dillon Karen Dunlevey Jackson Lewis, P.C. Jennifer Hann Harrison Taft Stettinius & Hollister LLP Jon Holt LexisNexis, a division of RELX, Inc.

Thank You, Julie for capturing this years event! walling photography.net

Carla Morman Medical Protective Company Upendra Patel Advocates for Basic Legal Equality Inc. Mary Ann Recker University of Dayton Jon Rion Rion Rion & Rion, LPA, Inc. Richard Schulte Wright & Schulte, LLC Judi Sobecki Dayton Power & Light Company BesaV 9desScBaaffIV Esler & VanderSchaaff Co., LPA

JANUARY 2022 |

DAYTON Bar Briefs

13


Getting to know...

The Honorable Judge Christopher Epley Judge Christopher Epley was elected on November 3, 2020 as a Judge in the Second District Court of Appeals.

What inspired you to run for your position in the Second District Court of Appeals? I enjoy reading, writing (and research/ analysis) and sometimes the esoteric. That enjoyment probably started while an undergraduate student majoring in English Literature. Can you speak a little about what was your experience like running for office? Without the support of my family, I would not have run a 15-month, six county (2,300 mile circumference) campaign. With their support I found it to be a great experience. I met many generous people, tested my public speaking and interpersonal skills, and wore out 1.5 pairs of running shoes.

14

DAYTON Bar Briefs |

JANUARY 2022

How have you transitioned from being a practicing attorney of 21 years to being a judge? I had about 90 days to close my law practice and used each of those days for that process. The easy part of the transition is working collegially with Judges Tucker, Donovan, Hall, and Welbaum and the great staff that makes up our court. When you like the work and the people I would posit that transitions are smooth. You were a part-time Dayton Magistrate from 2009 until you took office, how did being a magistrate in that court affect/ benefit you in your current court? Perspective. It is invaluable to have some bench experience before being elected - it can confirm that it is a career path you want to pursue.

By Sarita Simon, CASA Staff Attorney Montgomery County Juvenile Court SSimon@mcjcohio.org

You taught Appellate Practice and Procedure at the University of Dayton for eighteen years, how was that experience? I feel fortunate to continue to be involved with the program at UD. I challenge myself every fall with the class (or it challenges me) and I learn something new or different each year. “To teach is to learn twice” as the saying goes.


Carl D. Kessler Inn of Court

Is there room at the Inn? By The Honorable Christopher Epley | Second District Court of Appeals

Y

es. There is room – I joined this year. The Dayton Bar Association Inn of Court is about fellowship. To be considered for membership you must be nominated by a current member. At the Inn, the lawyers leave their advocacy skills at the office (at least for two hours) and the judges’ robes are left in their chambers. There is generous, open, and welcome communication between the members of the Inn. The Inn meets eight times per year at Sinclair with dinner and a program. In my short tenure as a member, I have sat at a different table with different attendees for each of the presentations (1 hour CLE). The Inn’s stated mission is to improve the skills, professionalism and legal ethics of the bench and bar. We are fortunate to have a local Inn of Court. The next closet Inn is in Cincinnati; the Potter Stewart Inn of Court “helps lawyers and judges rise to higher levels of excellence, professionalism, and ethical awareness.” The American Inn of Court suggests by joining, “you will be an active part of the exchange of practical lessons, methods, and ideas focused on the highest standards of the legal profession. Inn meetings provide a relaxed, informal environment for informative discussions among all levels of the bench and bar.” These are fine and worthy ideals, but I enjoy attending for the great and good fellowship. As Jesse Owens said, “friends gather no dust.” There is room at the Inn, consider joining.

You are licensed in the State of Ohio, the U.S. District Court for the Southern District of Ohio, the U.S. Court of Appeals for the Sixth Circuit, and the Supreme Court of the United States. Can you say a little about the experiences you have had or why you have these licenses? Although I have not appeared in all the courts where I am licensed, I had practiced as a lawyer in all six counties that make up our court. Observing the demeanor and style of other judges and magistrates is a central part of developing your own. How would you describe your style in the courtroom? Pensive and curious.

As a judge, what are you most passionate about? Persuasive writing, critical thinking, sound structural argument, and communication. In general, what advice do you have for lawyers who appear in your court? Prepare and practice. Be prepared for a good and sometimes challenging conversation. Understand that the three-judge panel is well-prepared for the same. Do you have any advice for lawyers who aspire to become a judge? Develop and nurture relationships, be involved authentically in the legal and nonlegal community, and accept and experience every plausible opportunity. Be present.

When you are away from the office, you are most likely doing….? Spending time with my wife, Eileen, and our kids Jack (18) and Lily (16). My third space is my road bike (I can devote hours cycling throughout the Miami Valley). Fun fact you would like to share about yourself? In the eastern US, the drink is often called soda, the Midwest, pop. I have had neither since 1987. Fall college athletes tend to go to school a few weeks before classes begin. A fellow freshman player said to me that he was not going to drink any soda/pop during preseason practice. I decided to do the same and still do.

JANUARY 2022 |

DAYTON Bar Briefs

15


DBA Continuing Legal Education

January CLE 2022

26

9:00am - 12:15pm Hybrid CLE: Live Webinar or In-Person @ DBA

DBA Core Components for New Lawyers 3.0 NLT Hrs: +1.0 Hr Professionalism +1.0 Hr Law Practice Management +1.0 Hr Client Funds Management (credit pending)

Agenda: 9:00-10:00am

New Lawyer | Professionalism Denise Platfoot Lacey Univ of Dayton School of Law

10:05-11:05am

New Lawyer | Law Office Management Stephanie M. Allen Wright State Univ Student Legal Svcs

11:05-11:15am

New Lawyer | Client Funds Management John Ruffolo DBA Bar Counsel Ruffolo Stone & Stone

The DBA Offers the Training & Tools New Lawyers Need! The Ohio Supreme Court has mandated that all attorneys admitted by exam to the practice of law in Ohio must complete three hours of instruction that includes one hour of professionalism, one hour of law practice management and one hour of client funds management. This program fulfills this requirement.

HERBERT M. EIKENBARY

Trust

What is The Eikenbary Trust? The late Herbert M. Eikenbary granted the bulk of his estate to fund Grants and Loans to lawyers under the age of 35 who practice/reside in Montgomery County. These Grants and Loans are to aid young, deserving lawyers who are in need of financial assistance. Individual loans, are available up to $6,000 at 4% interest, while grants up to $4,000 are also available.

To Apply: Jennifer Otchy, DBA Chief Executive Officer Dayton Bar Association | 109 N. Main St., Suite 600 | Dayton, OH 45402-1129 jotchy@daybar.org | 937.222.7902 | www.daybar.org 16

DAYTON Bar Briefs |

JANUARY 2022


Access the new On-Demand DBA CLE library online 24-7, 365!

New programs added daily. Stream from your the location of your choice, home or office. Discounted rates on CLE for Members! Unlimited CLE Members access all On-Demand content for FREE!

On-Demand DBA CLE Featured Programs: Pandemic Technology for the Legal Practice

Back to the Future Its Never Too Late To Go Paperless

1.25 General Credits

1.0 General Credit

Cross Cultural Lawyering

The Intersection of Ethics and AI

1.5 Professional Conduct Credits

Master Class: National Criminal Defense Bar 2.0 General Credits

1.0 Professional Conduct Credit

The SECURE Act & Estate Planning 1.0 General Credit

daybar.org/seminarweb | (937) 222-7902 JANUARY 2022 |

DAYTON Bar Briefs

17


Feature

By Jennifer Brill Esq. | Graydon Head & Ritchey LLP | jbrill@graydon.law

Workers' Compensation & Social Security

A

COVID-19: The Next Occupational Disease?

t a time when the terms “Omicron” “Delta” and “COVID” have become part of our daily vocabulary, one of the biggest issues facing employers is keeping their employees safe, healthy, and COVID free. While we rarely see claims for the flu, a cold, or other common illnesses filed as workers’ compensation claims, COVID-19 confidently strolled into town as the ultra-contagious, sabre wielding, new kid on the block, and we had no idea how the Ohio BWC would address it. Now, almost two years into the global pandemic, we have a better idea of how COVID-19 claims will be addressed by the BWC and its adjudicating sister, the Industrial Commission of Ohio. As a general matter, the Ohio BWC pays medical benefits and lost wages to employees who are injured or contract an occupational disease on the job. The BWC also pays death benefits to survivors when a relative’s death results from a work-related injury or occupational disease. The good news for employers: generally, communicable diseases like the flu, the common cold, and COVID-19 do not give 18

DAYTON Bar Briefs |

JANUARY 2022

rise to workers’ compensation claims because people are exposed in a variety of ways, and few jobs create a hazard or risk of contracting the diseases in a greater degree or in a different manner than the general public. The bad news: unfortunately there are situations when COVID-19 has been approved as an occupational disease. For an employee to be able to claim workers’ compensation after contracting COVID-19, the employee must prove his or her job poses a special hazard or risk that is greater than the risk of contracting COVID-19 in either the general public or employment generally. This depends on how the employee contracted COVID-19, and the nature of the employee’s occupation. As you can imagine, the nature of some occupations likely leads to a greater risk of contraction, such as first responders, healthcare workers, corrections officers, grocery store workers, and food processing workers, to name a few. However, even when dealing with an employee in one of these higher risk positions, the employee also bears the burden of proving he or she was actually exposed to

and contracted COVID-19 in the workplace, rather than a party, family gathering, or a casual happy hour with a friend. Often, the analysis of “when and where” the employee was exposed requires a fact-intensive investigation. While employers may not want to invest the time and money in such an investigation, the costs of a COVID-19 claim could include not only lost wages and medical benefits, but also long-term disability and death benefits. In fact, according to the BWC’s figures, as of October, 2021, over 4,100 workers’ compensation claims for COVID-19 have been filed. Of those, over 2000 have been allowed, 1,900 have been dismissed or denied, and the remaining claims were pending a decision. Healthcare/first responders represent over half of the claims filed in Ohio. We fully expect COVID-19 regulations, guidance, and education to further evolve in 2022. We urge employers to consult professional guidance on their safety practices and procedures for addressing COVID-19 exposure as we navigate this brave new world together.


Feature

Rising Star: Sabra with members of her ent Class 2020-21 DBA Leadership Developm

Sabra L. Tomb Esq. Air Force Research Laboratory

By Kyler J. Palmer, (He/Him) | UDSL J.D. Candidate, 2022 | Palmerk10@udayton.edu

S

mall business owner. Personal trainer. First-generation college student. Scientific researcher. Accomplished legal practitioner. The path taken by this month’s Rising Star, Sabra Tomb, in becoming an exceptional attorney is everything but traditional. With an entrepreneurial mindset and a passion for healthy living, Sabra did not initially pursue a legal education or even a career in law. Instead, for seven years she owned a small health and wellness business. Operating a onestop shop for all things personal wellbeing, her business offered natural and organic products including groceries, vitamins, dietary supplements, and health and beauty care products. Sabra further diversified her business by offering personal training services and client health consultations. As the business grew, Sabra oversaw its relocation and a 600 square foot expansion before eventually attending college. Backed by her family and an exceptional group of mentors, Sabra became the first in her family to attend college. As a non-traditional student in her thirties, she earned a B.S. in Biology from Wittenberg University. As a mom and a first-generation college student, Sabra’s tenacious work ethic and grit led to numerous accomplishments in the field of plant science. As an undergraduate, Sabra interned with the Air Force Research Laboratory (AFRL) at Wright-Patterson Air Force Base. There she managed investigator compliance with human subjects research training requirements and led efforts in executing purchase and material transfer agreements. This first taste of government ethics and technology transfer influenced

her to pursue further education. Contemplating graduate school, Sabra applied to a Ph.D. program in biological sciences and to law school. Influenced by her previous business experience and desire for daily public interaction, a career in law prevailed over one as a scientific researcher. For Sabra, a law degree was the best of both worlds: she could utilize her undergraduate scientific background to understand and communicate with scientists and engineers at AFRL in a business role as an attorney. Sabra attended the University of Dayton School of Law and graduated with her J.D. in 2019. Highlighting her law school experience, Sabra played an instrumental role in launching an educational partnership between UDSL and AFRL to offer students an intellectual property certificate for scientists, engineers, and technology transfer specialists. After completing law school, Sabra continued trailblazing her path of career success by working as an AFRL paralegal specialist for nearly a year. Although she took this position pending bar admission, she continued in its capacity after becoming a licensed attorney. During this period, she concurrently served and dedicated a large portion of her time as the AFRL Junior Force Council President. As part of her council leadership responsibilities, Sabra organized several professional development opportunities to connect AFRL’s junior scientists and engineers—those with less than a decade’s experience—to mentors from industry, academia and government. Sabra is currently an AFRL attorney advisor where she advises on matters related to intellec-

tual property, technology transfer, government to government agreements, partnerships, government ethics, personnel issues, and other general law issues and policy. A large portion of her day-to-day workload is government ethics as the attorneys in the AFRL legal office are the designated ethics officers for AFRL. She is also the chair of the Department of Defense Technology Transfer Professional Development Working Group. In this role Sabra works with the DoD Technology Transfer Office and the DoD service branches to facilitate technology transfer training and promote professional development amongst DoD technology transfer personnel. Outside of work, Sabra is extremely involved in various local bar associations. As a member of the Dayton Chapter of the Federal Bar Association, she previous served as the Communications Chair and is currently the Chapter Secretary. In 2020, she was recognized by the Dayton Chapter of the Federal Bar Association with the Outstanding Member Contribution Award. She is also an active member of the Ohio Women’s Bar Association, Ohio State Bar Association, and Dayton Bar Association. She was a member of the 2020-2021 DBA Leadership Development Class and was recently selected for the 2022 Ohio State Bar Association Leadership Development Academy. Additionally, next year she will serve as the 2022 Justice on Tap! event planning co-chair. As one who has always been highly physical and mentally intense, Sabra has continually continued on page 21

JANUARY 2022 |

DAYTON Bar Briefs

19


Column

FromtheMagistraesDesk:

A New Year and a New Approach to Legal Representation

T

raditionally, when a client retains an

attorney for representation in a civil or criminal matter, the attorney performs his/her services in a full-service package. This “cradle to grave” approach to handling a client’s legal matter has been engrained into the minds of attorneys as early as the beginning days of law school or first internship. In fact, in my first internship with a small boutique firm I remember being warned about the horrors of malpractice (which there are plenty) if I did not perform every task for my client at each step of litigation. With each passing year of practice, however, I wondered whether this full-service approach really mitigates the risk of malpractice or does it simply help the billable hours requirement? (I was interested in both outcomes, to be honest.) Limited Scope Representation (“LSR”) is an “a la carte” approach to legal services, where a client can choose to be represented, for example, at a mediation or for assistance with discovery, or drafting pleadings or motions, but otherwise remain a pro-se litigant. While the “traditional” full-service approach may be favored because of the belief that anything less than an all-inclusive approach is a violation of our ethical duty, the Ohio Rules 20

DAYTON Bar Briefs |

JANUARY 2022

of Professional Conduct 1.2 (c), specifically contemplates limited scope representation, “A lawyer may limit the scope of a new or existing representation if the limitation is reasonable under the circumstances and communicated to the client preferably in writing.” Further, Ohio Rule of Civil Procedure 3(B) lays out the frame work for an attorney to begin the LSR process. First, the lawyer will enter a “Notice of Limited Appearance.” In this notice, the lawyer describes the scope of the representation. At the conclusion of the representation he/she files a “Notice of Completion of Limited Appearance.” Once the notice of completion is filed, the previously represented party has an opportunity to object if they believe the scope of representation is still ongoing. Indeed, the Ohio Civil Rules have also regulated how the party is to be served during the LSR through Civ. R. 5, which states that service shall be made on both the party and the attorney until a notice of completion is filed. LSR is gaining popularity as a “new” sect of clients continues to grows. LSR allows for clients whose income is too high for a public defender or other legal assistance programs, but is still limited significantly that full-service representation is not economically feasible. LSR

By Magistrate Jeannine E. Myers Montgomery County Common Pleas Court Jeannine.Myers@montcourt.oh.gov also makes sense for the client whose attorney withdrew from their case, and can no longer afford to retain another attorney. Proponents of limited scope representation argue that this representation allows for an individual who would have otherwise been a pro-se litigant utilize the guiding arm of an attorney, without the overwhelming costs of full-service representation. This in turn creates a smoother court proceeding, for all parties and the Court, and allows an attorney who would not have been retained, establish a client relationship and gain potential future work. Opponents argue that while the attorney may be clear with the client on what services will and will not be included in representation, the Court may pressure the attorney to continue with representation. And who can say no to a judge? Examples included a situation in which the Court attempts to encourage an attorney to continue representation because the otherwise pro se litigant is quite difficult

continued on page 21


or to massage a case settlement. Opposing counsel may also be confused as to whether they should communicate with the attorney, or the litigant, or both. An informal poll of the Court indicates that LSR is not a common practice, and of the Judges polled, none could think of a single case in which they had seen LSR. Likewise, LSR is not part of the lawyer referral program through the Dayton Bar Association. When asked whether there was a judicial concern for LSR, no obvious objection was raised, other than a practical, universal concern of making sure your engagement letter is specific and—as always- in writing! Perhaps LSR is not popular in Dayton because of our small legal community (as opposed to Cincinnati or Columbus) and practitioners here better understand the needs of their clientele—including what they are willing, or able, to pay for legal services. Or perhaps, attorneys are still stuck in the traditional thinking of representation and have yet to consider LSR. For more information on LSR, please visit the Ohio Board of Professional Conduct’s Guide to Limited Scope Representation: http://courtnewsohio.gov/happening/2020/bpcEthics_030620.asp#. YaTqP9DMKUl.

R.L. EMMONS AND ASSOCIATES, INC.

DBA RISING STAR: SABRA TOMB continued from page 19 prioritized her emotional and physical health. She has competed in fitness shows, was a Crossfitter for seven years and while in law school she finished two half-marathons. Throughout the COVID pandemic she has capitalized on working out in her home gym and currently training for the Anchorage, Alaska full marathon scheduled for June 2022. In the summer she said she will easily bike 50 miles in a weekend and currently bikes or does bike bootcamp six days a week.

A lesser-known fact about Sabra is that she is a classically trained vocalist. Being very musically inclined as a child, she took vocal lessons for six years. With this skill, she participated in an experimental study on sound wave frequency at the AFRL’s anechoic chamber. She said it was an “incredible experience!” To close, Sabra said she is very thankful of her husband and family for their continued support in helping her achieve her personal and career goals. She is also thankful for her incredible group of mentors and for the DBA for recognizing her as this month’s Rising Star!

DBA Recent Events

Join us for what's next at daybar.org

December 10

Celebrating their 29th year, Matt Jenkins and Ted Lienesch present the DBA Intellectual Property for General and Corporate Practioners Seminar @ DBA Offices

842–A E. Franklin Street Dayton, Ohio 45459

December 1 Professional Investigative and Legal Support Services Firm

DBA President Merle Wilberding gives a toast to attorney's who recently passed the Ohio Bar during the Champagne Toast Reception in their honor @ Coco's Bistro

 Polygraph  Asset Searches  Criminal Defense  Process Service  Witness Locates / Interviews  Surveillance  Civil Case Prep  General Investigation DAYTON: 937 / 438–0500 Fax: 937 / 438–0577 JANUARY 2022 |

DAYTON Bar Briefs

21


Feature

By Brooke Schleben Esq. | Lovett & House Co., LPA. | brookeschleben@yahoo.com

Young Lawyers Division

Associate Attorneys: Are they worth the training?

A

ccording to, “Why Associates Leave and How You Can Get Them To Stay” the number one reason associates left their current firm was their work quality standards were not being met. Law school taught me the skills to be a successful lawyer, but it did not teach me the law. I want to learn as much information as I can from my senior attorneys. When I make a mistake, I want to know the why behind it. In ABA Journal “Four ways to better train associate attorneys” stated, new associates want to be hands-on; they want to grow and understand what they are doing. It is important for new associates to be involved in the strategy of the case from the beginning. This is not always easy but seeing a case from start to finish in the earlier stages an attorney’s career is extremely beneficial. In “Five Reasons You Should Consider Hiring a Young Lawyer,” hiring a young lawyer helps a firm because they have more flexibility and time to communicate with clients. They do not mind doing the grit work if they see and understand the importance of the work. In exchange, associate attorneys can help senior attorneys learn as well. Technology has developed substantially in the last 50 years, and it will continue to 22

DAYTON Bar Briefs |

JANUARY 2022

do so. In “How Advanced Technology Helps Modern Lawyers”, it includes many examples of how technology has helped the legal community including, streamlined communication with clients, e-discovery, analytics, etc. Associate attorney are adept to learning advances in technology because we have used these devices since a very young age. We can help move a process along quicker with our understanding of technology. New associates want to know they are valued from the beginning, making sure they feel welcomed and not just another number to the firm is key. Just like any job when you feel appreciated and connected you tend to value and appreciate your job more. According to ABA Journal, associate attorney is the number one most unhappy job in America. It’s not that they do not like the profession; it’s the lack of mentorship and ability to gather knowledge. In, “Why Associates Leave and How You Can Get Them to Stay” the cost of losing an associate can average from $200,000.00 to $500,000.00. So, what can firms do to keep associates? The most important task is training your new associate. Training makes your associate feel like you are investing in them, which in turn makes

them want to invest in your firm. As I am a new associate myself, I have learned the importance of being teachable. Most associates are brand new to the type of law we are practicing with little to no background. We need to be able to ask questions and feel comfortable asking questions without feeling push-back. Here communication is so important. The way a senior attorney communicates with the associates does have an impact and it leaves an impression on the new associates. There is something we can all learn from each other and investing in your associate attorneys will go a long way. SOURCES: https://www.abajournal.com/news/article/ why_a_career_website_deems_associate_attorney_the_unhappiest_job_in_america 2 https://www.americanbar.org/news/abanews/publications/ youraba/2018/december-2018/4-ways-to-better-associatetraining/ 3 https://www.mlaglobal.com/en/insights/articles/ why-associates-leave-and-how-you-can-get-them-tostay?byconsultantorauthor=tina-cohen-nicol 4 http://sftlawyers.com/five-reasons-you-should-considerhiring-a-young-lawyer/ 1

https://attorneyatlawmagazine.com/advanced-technology-helps-modern-lawyers 5


Sign Up! becomeanohionotary.com

Become an Ohio Notary! Through a joint venture with the Akron, Cincinnati, Dayton, Toledo and Ohio State Bar Associations, the DBA is helping new and renewing notaries across all of Ohio with all of their education and testing needs. Ohio Notary Services (ONS) is truly the one-stop-shop for all things notary in Ohio, including required courses, tests, and notary supplies. Notary Law Checklist: Step 1 Obtain a formal Bureau of Criminal Investigation (BCI) background check Step 2 Visit www.becomeanohionotary.com, attend class virtually and pass the test (if required.) ONS will provide you with a certificate for submission to the Secretary of State. Step 3 Visit the Ohio Secretary of State's website and select File Online to submit your application. Step 4 Return to www.becomeanohionotary.com to purchase your notary supplies. Free standard shipping on all notary bundles! (Use the code “FREE”) JANUARY 2022 |

DAYTON Bar Briefs

23


Law Related Organizations

Dayton Bar Foundation

From the President of the Dayton Bar Foundation

We

S are asking you to financially support the Dayton Bar Foundation, the charitable giving arm of the Greater Dayton Legal Community. Your contribution will make a real difference in the lives of many people in our local Greater Dayton community. Please help our Dayton Bar Foundation continue its tradition of supporting local community and charitable organizations. We encourage you to join in our Foundation’s mission by making a charitable contribution to the Dayton Bar Foundation (a 501 c3 charitable organization since 1984). Every dollar received will help to provide grants to local organizations. Thank you in advance for your continued generosity. The Dayton Bar Foundation could not do its good work without your support and participation.

~Brian Wildermuth Esq. 2021-2022 DBF President Subashi Wildermuth & Justice

SUPPORT: The tireless efforts of your fellow members of the legal community who defend those who need it the most.

HELP: Local disadvanted citizens. Families in need of assistance. Those trying to navigate the legal system. Provide wills to those who have served our country.

24

DAYTON Bar Briefs |

JANUARY 2022

STRENGTHEN: The Foundation and charitable giving arm of the Dayton Bar Association as they continue their many great works!

EDUCATE: Professional training in law & leadership for those with a desire to learn about the law and sustain a career in the legal field.


Contact Jennifer Otchy, DBF & DBA CEO for information about the Foundation. 1KvcB|dabaiKid"icva—K§caˇ Contact Jennifer Otchy, DBF & DBA CEO for information about the Foundation. 1KvcB|dabaiKid"icva—K§caˇ

Your Gift Will Help

STRENGTHEN Our Foundation.

The Dayton Bar Foundation (DBF) is a 501 (c)(3) charitable organization and serves as the giving arm of the Greater Dayton Legal Community. Your contribution will enable the DBF to continue to fulfill its mission of funding innovative local organizations in their quest to improve our community by promoting equal access to justice and respect for the law. In the past few years your contributions helped to fund grants to:

• Advocates for Basic Legal Equality (ABLE) • Catholic Social Services of the Miami Valley • Greater Dayton Volunteer Lawyers Project (GDVLP) • Law & Leadership Institute • Legal Aid of Western Ohio (LAWO) • Life Essentials Guardianship Program • Miami University Pre-Law Center • Wills for Heroes All gifts are eligible for charitable deductions on your federal income tax return if you itemize deductions. = = = = = = = = = = = = = = = == = = = = = = = = = = = = = = = = = =

DETACH AND RE­T URN

=====================================

Dayton Bar Foundation, 109 N. Main St., Ste. 600, Dayton OH 45402-1129 Contributions may also be submitted online: daybar.org/?pg=Foundation Make a donation now and help us make a difference through our programs. Gifts may also be made in honor or in memory of family, friends or colleagues. I am pleased to support the Dayton Bar Foundation with a gift of:

 $50

$100

$250

$500

Name: ___________________________________________________________ Other $________________________________________

Check Enclosed : Check # ______________________________________________________________________ Charge my:

VISA

MASTERCARD

DISCOVER

AMERICAN EXPRESS

(AS YOU WISH IT TO APPEAR ON OUR RECORDS)

Firm: _____________________________________________________________ Address: ________________________________________________________ ________________________________________________________

Expiration:

/

Security Code (3 or 4 digit)

Signature: ____________________________________________________________________________________________

Phone: __________________________________________________________ Email:____________________________________________________________

(AS SHOWN ON CREDIT CARD)

My gift is:

in memory of

 in honor of

______________________________________________________________________________________________________________________

Please notify: _________________________________________________________________________________________________________________________________________________________________ Address: _______________________________________________________________________________________________________________________________________________________________________

JANUARY 2022 |

DAYTON Bar Briefs

25


Law Related Organizations

2022 Programs The Greater Dayton Area Diversity, Equity & Inclusion Legal Roundtable believes that equity within the legal profession requires ensuring opportunities for diverse students and attorneys that previously have not been available. To increase the opportunities available to diverse lawyers and law students, the Legal Roundtable in 2022 will once again focus on professional development, including a mentoring program, a summer diversity clerkship program and mock interview sessions for students. Our successes include diverse law students establishing meaningful relationships with local legal professionals and earning clerkships and associate positions. Diversity Mentoring Program Currently, 26 diverse University of Dayton School of Law (UDSL) students (mentees) and 16 legal professionals (mentors) have registered for the upcoming program. The program planning committee anticipates additional mentees will sign up before registration closes and hopes to register more mentors to meet the student demand. The Mentoring Program’s key dates include: • November 11, 2021 - Registration opens for interested students and practitioners • December 31, 2021 - Mentoring pairs assigned • January 13, 2022 - In-person kick-off event at UDSL The Mentoring Program’s planning committee includes: Deztany Johnson (President, UDSL’s Black Law Students Association), Nicole Vega (President, UDSL’s Hispanic Law Student Association), Sarah Chi (President, UDSL’s Asian and Pacific Islander Law Student Association), and Zion Savory and Cori Haper (both at Thompson Hine LLP). For inquiries, please contact Cori Haper at Cori.Haper@ThompsonHine.com or Zion Savory at Zion.Savory@ThompsonHine.com. Diversity Mock Interview Program The Legal Roundtable puts on an annual mock interview program that provides law students with the opportunity to hone their interviewing skills, while offering an opportunity to network with attorneys in the Greater Dayton area. This year’s program will take place on Saturday, January 22, 2022. The Legal Roundtable is seeking lawyers and other legal professionals to participate as interviewers. As an interviewer, you will interview and provide instant feedback to three students during individual 30-minute interviews. If you are interested in participating, please contact Jamar King at Jamar.King@ThompsonHine.com. Summer Diversity Clerkship Program The 2022 Summer Diversity Clerkship Program aims to give law students of diverse backgrounds opportunities for employment in the Dayton, Ohio legal community. Each year applications are solicited from all Ohio law schools and Northern Kentucky University. If you are interested in participating as an employer and taking on a diverse clerk, please contact Jamar King at Jamar.King@ThompsonHine.com or Ebony Davenport at EDavenport1@udayton.edu.

26

The Greater Dayton Area Diversity, Equity & Inclusion Legal Roundtable The Legal Roundtable focuses on implementing strategies to increase diversity, promote inclusion and advance equity in the Dayton-area legal community. Meetings are open to all legal professionals, law students and interested members of the community. To receive announcements, please contact Ellen Geron at Ellen.Geron@ThompsonHine.com.


Law Related Organizations

Greater Dayton Volunteer Lawyers Project

Profiles of Pro Bono

Andrew J. Zeigler Thompson & DeVeny Co., LPA

have been working alongside the Greater Volunteer Lawyers Project for over 10 years assisting individuals obtain bankruptcy relief. Without the means to hire an attorney, these individuals typically put off seeking help until their financial circumstances have deteriorated to such an extent that immediate action is required to avoid a wage garnishment, repossession or foreclosure. Assisting in these cases is rewarding as I get the opportunity to use my knowledge and expertise in a positive way to help honest but unfortunate debtors gain a new opportunity in life and a clear field for future effort, unhampered by the pressure and discouragement of preexisting debt. It is my firm belief that as attorneys we have a duty to give back to the community and the GDVLP provides an excellent framework for attorneys to do just that."

"I

University of Dayton School of Law Law

JANUARY 2022 |

DAYTON Bar Briefs

27


Law Related Organizations

Ohio Lawyers Assistance Program

6 ways to prevent depression

I

t is no surprise that lawyers are more prone to depression than other professions. Many of us are perfectionists, we work long hours, we see and hear about horrible crime, abuse, neglect. We are “fixers” and do whatever it takes to help people. Sometimes all of this “doing” can add up to becoming overwhelmed, which can lead to depression. Depression is a medical illness that negatively affects how you feel, the way you think and how you act. A depressed person cannot simply cheer up or let things go. That would be like asking a quarterback to throw a touchdown pass even though his arm is broken. People do not just “cheer up” when they are depressed. It takes personal effort and help from others. Many people who notice they are depressed see a counselor to talk about it. Some take medication. Some do a combination of the two. I recently read a book called Lost Connections by Johann Hari where the author investigates the psychological and social factors that contribute to mental illness (which he calls “disconnections”), as well as innovative social and environmental treatments for depression (or “reconnections”) (https:// thelostconnections.com/mobile/). Whether you are depressed now or would like to prevent depression, Hari explains how you can incorporate certain traits into your life to lessen the chances of being depressed. Here are six behaviors you can focus on to feel well.

1.Meaningful work

How does your job make you feel? You are a lawyer, which means you help people every day. Is this meaningful to you? This means that what you do in your career makes you feel as if you are worthwhile, valuable and important. We spend most of our lives working, so it is important that you feel like your work matters, and that you are making a difference. Someone who might feel like their job is meaningless is someone who is working at a job only to make money. For example, Jenny works at a large law firm. Every day, she works with angry and rude clients. Even though she is upbeat and welcoming and helpful to her clients, her boss only recognizes the things she does that are not perfect. One time she missed a meeting because she had to care for her elderly mother. It seemed as if this was the only thing her boss noticed. Her boss did not notice that Jenny showed up on time, helped others at the firm, stayed late and worked during the weekends when it was necessary. After many weeks of her boss berating her, Jenny felt that she did not matter. She did not feel worthwhile, valuable or important. She felt meaningless. When you feel meaningless, you are less enthusiastic about life and your future. Being a lawyer is not a meaningless job, but it can be. If you feel the way Jenny does, it is time to figure out how to make your job meaningful or to find a career that is more meaningful to you.

28

DAYTON Bar Briefs |

JANUARY 2022

2. A support system/ connection

We all need a support system. We need other people to make us feel loved, to make us feel as if we matter. Who do you turn to in a crisis or when something amazing happens to you? These are the people who make up your support system. This can be a combination of family, friends, co-workers, your sports team or choir, people you volunteer with in your community. Unfortunately, in today’s society, many of us have turned inward. Research says that families don’t sit down together for dinner as much as they used to, we rarely ask our neighbors how they are doing. It’s like we are all in it for ourselves. We no longer have other people to turn to for support. But we need a community to survive. If not, we become isolated and lonely. Scientist Lisa Berkman followed both isolated and highly connected people for more than nine years to see whether one group was more likely to die than the other. She discovered that isolated people were two to three times more likely to die during this timeframe. Being disconnected from other people has detrimental effects on your health. In 2019, the American Bar Association Commission on Lawyer Assistance Programs released the 2019 National Judicial Stress and Resilience Survey, which identifies the primary sources of judicial stress. Of the 1,034 judges who were surveyed, 50.3 percent said that isolation leads to their stress. Feelings of loneliness and isolation can lead to depression and anxiety, so it is important for your mental health to find your support system and support one another.

By Scott R. Mote, Executive Director OLAP SMote@olap.org

3. Values

Many people find value in things that do not really matter, such as material belongings. Some think that the bigger the house they have, the better the car and the best golf clubs will make their lives more valuable. We have come to believe that happiness comes from getting and possessing stuff. But does this “stuff ” really matter? It has been proven that people who believe that happiness comes from accumulating stuff and a superior status have much higher levels of depression. Think about things you do because you really value them, and not because of anything material you get out of them. What do you do that gives you joy? I love to golf. I golf because I respect the game, I enjoy nature and I value being around other people. I do not get anything material out of the game of golf; I get a boost of happiness. The same thing happens when I spend time with my daughter or my wife, or when I help others. To me, these activities are far more important than driving away in the most expensive car in the lot. Find what makes you feel good about yourself and do more of it.

4. Letting go

From childhood trauma to getting upset at the driver who cut you off, we all have thoughts or memories that affect the way we feel. For example, if you grew up in a volatile household or you were in an injurious accident, you probably have ill feelings about these events. These feelings can lead you to feel scared, insecure and hopeless, which can lead to depression. Letting go of these feelings is obviously easier said than


done. Doctors and psychologists have written hundreds of books and articles on how to recover from trauma, so it is not something I can write about in one article. One way of letting go is to understand and believe that these events are not your fault. You are powerless over what has happened and what will happen in the future. If you do suffer from any type of trauma, I encourage you to talk to a counselor about it and really focus on learning how to let it go. If you do, you will notice an improvement in your overall well-being and less depression.

5. Nature

When you stay inside all day, work long hours and hardly take any breaks, you shut yourself out of your natural habitat--nature. A study found that people who moved from a city to a rural area saw a reduction in depression, and people who moved away from a rural area into a city saw an increase in depression. Another study had depressed people who lived in cities take a nature walk and found that their mood was five times better than the mood improvement of nondepressed people. Our bodies are made to move, and we know that exercise significantly reduces depression. But when scientists

compared people who run on treadmills in a gym with people who run in nature, they discovered that there is a higher reduction in depression for those who run in nature. When you are faced with a natural landscape, you get a sense that you and your concerns are very small, and that the world is so much larger than you are. This helps you see the bigger ways you are connected to everything around you. Life is not just about going to the office and building up your retirement account. It’s so much more than that! So get outdoors, exercise and enjoy the view. Your mood will thank you for it.

6. Hope

Hope reduces feelings of helplessness, increases happiness, reduces stress, and improves quality of life. Hope is a positive feeling about yourself and your future. When you have hope, you have something to look forward to. Some examples of being hopeful include knowing that you and your partner can get through a tough situation, understanding that you can overcome a setback, looking forward to your trip to Greece or your child’s school play, asking for help, supporting your loved ones, and keeping in touch with your support system. On the other hand,

when you are hopeless, you might tell yourself that there is no way out of a tough situation, so you stay in bed all day and refuse to speak to others. You can probably see how having hope is a much healthier way to think than to be hopeless.

Putting it all together

Putting your mental health first is important for everyone, especially lawyers. When you look at all of the ways to be happy, it is all about connection. When you connect with your job, meaningful values, other people and nature, you find hope and it is easier to let go of the negative parts of your life. I encourage you to think about these six traits and how you can incorporate them into your life. Your mental health and overall health will most likely improve.

I…EV f 9…EV d s/e,/s f e//ed,a9»aEV/,Es overwhelmed, seek help. The Ohio Lawyers Assistance Program helps lawyers, judges and law students manage life's stresses. OLAP has saved lives, careers, marriages and families. All inquiries are cE9de9aa,c‘8¨¨M/8 EBaE,a^cEs

JANUARY 2022 |

DAYTON Bar Briefs

29


DBA Members on the Move & Classified Ads

Bieser Greer is pleased to announce that Molly Ricketts and Amber Mullaly have both joined the firm as Associate attorneys.

Molly Ricketts will be working primarily in the firm’s litigation and trial practice fields. Molly comes to Bieser Greer and the practice as an Honors graduate of the Alexander Blewett III School of Law at the University of Montana where she was, among other things, a published law review editor and Vice President of the Women’s Law Caucus. Molly clerked for a Missoula, Montana law firm while also interning at the Department of Justice during law school, and then clerked for a Montana State Court Judge upon graduation. After moving to the area to be closer to family, Molly has spent the past few months gaining admission to the state bars in Kentucky, Indiana and Ohio.

Amber Mullaly will also be focused on the firm’s general litigation and domestic relations practice. Amber received her undergraduate degree from the University of Pennsylvania in 2007, majoring in Communication. After working for the National Farmers Union lobby and later as a paralegal, Amber received her law degree from the University of San Diego School of Law in 2014. In 2015, she moved to Ohio and worked as a Child Support attorney for Clark County, Ohio. In 2017, Amber moved to the Montgomery County Prosecutor’s Office, where she developed substantial trial experience and handled hundreds of cases over a period of four years. Amber is admitted to practice law in the State of Ohio and the State of California.

Members on the Move Guidelines: If you are a member of the DBA and you’ve moved, been promoted, hired an associate, taken on a partner, received an award, or have other news to share, we’d like to hear from you! • News of CLE presentations & political announcements not accepted • Printed at no cost • Must be submitted via email and are subject to editing • Printed as space is available Contact Shayla to submit your announcement or ad:

seggleton@daybar.org | 937.222.7902

DBAC7amm"'dAdm LOCAL COURT RULES

Dayton Municipal Court has proposed changes to the Local Court Rules. Please visit Dayton Municipal Court: daytonmunicipalcourt.org for notice of and an opportunity to view and comment on proposed local court rules.

MEDIATION/ARBITRATION Dennis J. Langer Retired Common Pleas Judge (937) 367-4776 LangerMediation.com

30

DAYTON Bar Briefs |

JANUARY 2022

• Advertisements are accepted September through May. • The DBA Editorial Board reserves the right to refuse any ad. MEDIATION/ARBITRATION

William H. Wolff Jr., LLC Retired Trial and Appellate Judge (937) 293-5295 | (937) 572-3185 judgewolff@woh.rr.com

MEDIATIONS

Jeffrey A. Hazlett Esq. 5276 Burning Bush Lane Kettering, Ohio 45429-5842 (937) 689-3193 hazlettjeffrey@gmail.com nadn.org/jeffrey-hazlett

OFFICE SHARING SPACE AVAILABLE Large office space in a multiple office suite with a large client waiting area. Located in a large office building on Far Hills Avenue close to Rahn Road in Washington Township. Office building is well-appointed and well maintained both inside and out. If interested, please contact Michael R. Eckhart at (937) 298-6628 or michaelreckhart@yahoo.com

DISPLAY AD INDEX: Daily Court Reporter........................9 eikenbary trust...................................16 Ferneding Insurance...........................7 LCNB Bank.................................................29 NFP/Rogers McNay...............................4 OBLIC.......................................back cover R.L. Emmons & Associates.............21 julie noeth photography..............13


DBA Member Benefit

JANUARY 2022 |

DAYTON Bar Briefs

31


109 N. Main St., Suite 600 Dayton, OH 45402–1129 ADDRESS SERVICE REQUESTED