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The Magazine of the Dayton Bar Association | DECEMBER 2017 | Vol. 67, No. 4


Bar Briefs

'Tis the Season For CLE & Annual Giving! details on pgs 14+16



Bar Briefs

December 2017 | Vol. 67, No. 4

Dayton Bar Association Board of Trustees 2017 – 2018

Brian L. Wildermuth President

David P. Pierce First Vice President

Hon. Mary L. Wiseman Second Vice President

Cara W. Powers Secretary

Jonathon L. Beck Treasurer

Cassandra L. Andres Rice Member–at–Large

Angelina N. Jackson Member–at–Large

Hon. Timothy N. O’Connell Member–at–Large

Fredric L. Young Member–at–Large

Susan D. Solle

Immediate Past President

Features 4

Sally Dunker, ex officio Executive Director

DAYTON BAR BRIEFS is published by the Dayton Bar Association, 600 Performance Place, 109 N. Main St., Dayton, OH 45402–1129, as its official publica­tion for all members. Comments about this publication and editorial material can be directed to the Bar Associa­tion office by the fifth day of the month preceding the month of publication. The DAYTON BAR BRIEFS is published September through July. Paid subscription: $30 / year Library of Congress ISSN #0415–0945 Sally Dunker, Executive Director Shayla M. Eggleton, Communications Manager Phone: 937.222.7902 Fax: 937.222.1308 The contents expressed in the publication of DAYTON BAR BRIEFS do not necessarily reflect the official position of the Dayton Bar Association.


Dayton Bar Briefs December 2017

TRUSTEE'S MESSAGE: Judicial Officers and the Organized Bar

By Hon. Timothy N. O'Connell



By Zachary S. Heck Esq.







By Mary K.C. Soter Esq. By Zachary S. Heck Esq.

By Michael N. Rhinehart Esq.



By Sally Dunker, DBA Executive Director


Consider Your Giving


By Kylie Corbin, Research Assistant, UDSL J.D. May 2017



John M. Ruffolo, ex officio Bar Counsel

Foreign Language Interpretation and the Courts

By Hon. Mary L. Wiseman

Departments 16 31

CONTINUING LEGAL EDUCATION Meet Your Requirements Before the End of the Year


upcoming events 13


Sat. January 20th | 9:00-11:00am | The Foodbank Dayton, 56 Armor Place Dayton, OH 45417



Thurs. December 14th | Doors open at 11:30am | Sinclair Community College, Bldg 12



Fri. January 26th | Training/Lunch: 11:00am; Trials: 12:00-4:00pm | Montgomery County Courts


DBA ANNUAL PARTNERS Providing annual financial support and partnership in our mission to further the administration of justice, enhance the public’s respect for the law, and promote excellence & collegiality in the legal profession.

PLATINUM PARTNERS Jack W. and Sally D. Eichelberger Foundation

Eichelberger, longtime Oakwood residents to enhance the legal profession, the arts and the Greater Dayton community through the awarding of grants. Jack Eichelberger was a well-known Dayton attorney and real estate investor. Trustees: Dave Greer, Gary Froelich and Neal Zimmers.

Eichelberger Foundation Estabrook Charitable Trust

Sponsor of: • Chancery Club Luncheons • New Admittee/Member Reception • First Monday in October Celebration • DBA and UD Law Student Events

• Women in Law Forum

Estabrook Charitable Trust Administered by Porter Wright Morris & Arthur LLP | Bruce Snyder - Trustee Annual Grants to the DBA (This support makes these events affordable for all members): • Bench Bar Conference • Diversity Day • Annual Meeting

Faruki Ireland Cox Rhinehart & Dusing P.L.L. www.ficlaw.com With offices in Cincinnati & Dayton Faruki Ireland Cox Rhinehart & Dusing P.L.L. 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.

GOLD PARTNER Thompson Hine LLP www.thompsonhine.com Established in 1911, Thompson Hine is a business law firm dedicated to providing superior client service. The firm has been recognized for ten consecutive years as a top law firm in the country for client service excellence in The BTI Client Service A-Team: Survey of Law Firm Client Service Performance. With offices in Atlanta, Cincinnati, Cleveland, Columbus, Dayton, New York and Washington, D.C., Thompson Hine serves a premier business worldwide.



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By Hon. Timothy N. O'Connell Member-at-Large Montgomery Cty Common Pleas Court

Judicial Officers and the Organized



ome months ago I was asked to serve as a member of the Board of Trustees for the Dayton Bar Association. I was flattered to be invited and accepted with little hesitation. I am now serving in my second year on the Board. I have found it to be a very worthwhile experience. I now wonder about the propriety of a Judge serving as an officer in the Bar Association. Several years back, probably twelve to fifteen, I discussed with some colleagues, Judges and Lawyers, in an informal manner the propriety of a Judge serving as the President of the local Bar Association. We also discussed the propriety of a Judge serving on one of the DBA’s professional ethics committees. There was not unanimity of opinion. One Judge indicated a Judge should not serve as President of the Bar Association. One Lawyer indicated that Judges should not be on the professional ethics committee. Of course, there was not unanimity of opinion on these subjects and equally intelligent, reasonable, and ethical people can disagree about this. I think, at least, some consideration of the Code of Judicial Conduct should be made. Rule 3.1 addresses extrajudicial activities in general. Rule 3.1 states: A Judge may engage in extrajudicial activities except as prohibited by law. However, when engaging in extrajudicial activities, a judge shall not do the following: (A) participate in activities that will interfere with the proper performance of the judge’s duties; (B) participate in activities that will lead to frequent disqualification of the judge; (C) participate in activities that would appear to a reasonable person to undermine the judge’s independence, integrity, or impartiality; (D) engage in conduct that would appear to a reasonable person to be coercive; (E) make use of court premises, staff, stationary, equipment or other resources, except for incidental use for extrajudicial activities permitted by law. Service by a Judge on the board of an organized bar is not prohibited by law. Normally, participation in a bar’s activities will not interfere with the proper performance of the Judge’s duties and will not lead to frequent disqualification of the Judge. Virtually all of the things that the board


Dayton Bar Briefs December 2017

of trustees deal with would not undermine the Judge’s independence, integrity or impartiality. There may be some formal activities between the Bar Association and the Court, such as the regulation of Notaries Public. With regard to these matters a judicial board member can and should disqualify himself/herself. The Board of Trustee’s duties does not implicate the Judge in engaging in conduct that would appear to a reasonable person to be coercive and board activities does not involve a Judge making use of court premises, staff, stationary, equipment or other resources. So, Rule 3.1 is not violated by a Judge who serves on the board of an organized bar association. Nonetheless, it does provide some guidance to a Judge and requires a Judge to be sensitive when serving on the board about conduct that could interfere with the proper performance of the Judge’s judicial duty or undermine the Judge’s independence, integrity or impartiality. While serving on the board a Judge would naturally develop relationships with Lawyer board members and probably become very familiar with who belongs to the association and who does not. Of course, a Judge would have to set aside those relationships and familiarities if those lawyers are involved in litigation before the Judge. Rule 3.7 of the Code of Judicial Conduct provides that “subject to the requirements of Rule 3.1, a judge may participate in activities sponsored by organizations or governments entities concerned with the law, the legal system, or the administration of justice, and those sponsored by or on behalf of educational, religious, charitable, fraternal, or civic organizations not conducted for profit.” The rule goes on to cite some specific activities related to these organizations. The DBA is an organization concerned with the law, the legal system, and the administration of justice and its activities are not conducted for profit. Therefore, there is a rule which affirmatively sanctions the Judge’s service on the board of an organized bar. Rule 2.2 of the Code of Judicial Conduct provides that “a judge shall continued on page 5


TRUSTEES MESSAGE: Judicial Officers and the Organized Bar continued from page 4


uphold and apply the law, and shall perform all the duties of judicial office fairly and impartially.” Thus, there is an overarching obligation of a Judge to regulate his or her conduct in all activities, that would, of course, apply to organized bar associations. Thus, even if service on an organized bar board is sanctioned by the rules it is still subject to standards and tenants. It would appear the question is not so much can you serve it is how do you serve? A judicial officer must always remain sensitive to the overarching rules regarding fairness, impartiality and the appearance of those characteristics. I urge all Lawyers to become involved in the organized bar, and especially the local Dayton Bar Association. There are many benefits to membership and it is worth the cost. One of the benefits is that is provides some opportunity to interact with Judges. This is a somewhat minor benefit compared to the many other services and opportunities provided. The recent Bench Bar Conference and the Bench Bar Media Forum are some examples of cooperation between the bench and the bar to advance legal scholarship and legal fraternity. There are regular activities throughout the year, such as the Breakfast with the Bench and the New Admittee Reception, where Judges and Lawyers have an opportunity to meet and make and renew acquaintances. In the October, 2017 Bar Briefs DBA immediate past president Susan Solle introduced a Bench Bar Collaborative. She described the purposes of this initiative. I encourage Attorneys and Judges to keep it in mind and utilize it should the situations she mentioned, or other similar ones, develop. I serve on the Board of Trustees to, among other things, hopefully support all the Lawyers in the community. I do so with some sensitivity to the rules set forth in the Code of Judicial Conduct. I hope Lawyers would all support the Judges. At the National and, perhaps, State level we see the judiciary being attacked by powerful political figures. This does not tend to happen much at the local level, but it can from time to time. Judges have to make decisions that, though legally required, are not popular. My experience is that the DBA and its members have appreciated this and will continue to do so.

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welcome new members ATTORNEY James A. Anzelmo Wes Banco Bank Admitted to Ohio Bar: 11/97 RUSSELL L.G. Knowles Sebaly Shillito + Dyer Admitted to Ohio Bar: 11/17 Terrance T. Mollaun Horenstein Nicholson & Blumenthal, LPA Admitted to Ohio Bar: 9/00 Curtis A. New Horenstein Nicholson & Blumenthal, LPA Admitted to Ohio Bar: 11/04, PA 2008 Randall J. Smith Community Action Partnership Admitted to Ohio Bar: 11/82 LAW SCHOOL GRADUATE David J. Fierst Fierst Law Office LAW SCHOOL STUDENT Sean M. Perez Andre L. Tirado December 2017 Dayton Bar Briefs



Matthew R. Jenkins Esq.


nimator and film director John Lasseter wrote “art challenges technology, and the technology inspires art.” We all embrace technology to some extent or another, but for many, new ideas and technologies form the basis for a business, a lifestyle, or a service. December’s “Barrister of the Month,” Matt Jenkins, understands this philosophy and has been applying it to his patent and intellectual property practice for over thirty years. Matt is a native of warm and cheerful Centerville, Ohio. He played various sports for Centerville High School, and spent his leisure time camping, boating, and sailing around local lakes with his friends and family. Matt studied accounting at The Ohio State University. After receiving his Bachelor of Science, Matt returned to the Miami Valley to study law at the University of Dayton School of Law. Matt entered the halls of UDSL thinking his studies would lead to a career in tax law, but his first job after graduation led him down the path he remains today: technology and patents. Matt began his legal career at NCR. He worked on patents and patent litigation, which ignited the love he has for new and emerging technology. One of his earliest mentors, Elmer Wargo, worked in the cubicle next to Matt’s, and he offered guidance and training into developing patent-related skills. Matt recalls that by working in close proximity, he and Elmer would often chat about “golf, sports, and patents.” Both were on the front lines of emerging technology, as NCR engaged in litigation against IBM. Matt counts his work at NCR as a defining time, describing it as “the Google of the 1980s.” As Matt’s interest in patents and technology grew, NCR took notice. His colleagues took the time and effort to effectively train Matt in the area of patent practice. Wanting to take his skills to the next level, Matt enrolled in electrical engineering classes at Wright State University. He wanted to accumulate sufficient math and engineering courses so that he may be eligible to sit for the patent bar. With a full time job, two young children, classes, AND patent bar studies, Matt had plenty on his plate. He remembers that often he would come home from a full day, grab dinner, and then go upstairs and listen to patent review lectures. The work was grueling, but he


Dayton Bar Briefs December 2017

persevered, passed the patent bar exam, and soon moved to private practice. Matt remarked that “typically, people do the reverse: they start in private practice and then transition in-house. But the difference benefited me because I was able to hit the ground running after receiving incredible training at NCR.” One of Matt’s favorite hobbies is building computers, and he can proudly say that he built and networked the computers he and the Firm’s staff used during his early days of practice. He worked for a few years at a local patent firm practicing intellectual property, patent, trademark and copyright law, but soon opted to join seasoned patent attorneys Bill Jacox and Alan Meckstroth. Today, Jacox, Meckstroth and Jenkins consists of Matt and Alan, in addition to staff members who have aided in the firm’s success for literally decades. Another component of what makes Matt’s firm a success is the partnership and friendship he holds with Alan. Matt explained, “Alan has been such a great mentor and has taught me so much, not just about the practice of law, but also about running an office and managing a dedicated staff. He has shown me how running a small business instills a greater empathy for our clients that run small businesses and the challenges they face. He is truly an inspiration to me and coming out to work with him has been one of the greatest blessings in my career.” Alan and Matt’s model has allowed them to pursue a practice dedicated to patents and intellectual property, while keeping costs down and passing those savings on to the client. Matt also attributes Bill Jacox’s upstanding ethical example as a model for how all lawyers should practice. Today, most of Matt’s work focuses on patent, copyright and trademark prosecution, in addition to technology-related areas like data security , privacy, and website terms of use, and cloud-based agreements. In fact, innovative thinking is in many ways the hallmark of Matt and Alan’s success. While visiting Florida on vacation with his family in 2002, Matt decided to scope out the local market and noticed an emerging need in the area for a patent and trademark practice. Although he remains firmly committed to the Firm’s Dayton, Ohio practice, Matt decided to hit the books

Join Matthew R. Jenkins Esq. and Ted D. Lienesch Esq. during the 25th Anniversary of the Intellectual Property Seminar for General and Corporate Practitioners on Thursday, December 21, 2017 at the DBA. Details on page 17. again and study for the Florida bar so that he could open satellite offices in the Sunshine State. He passed the Florida Bar with flying colors (or as Matt would say, “I did not flunk”), and he now devotes a significant portion of his time to the Firm’s Florida practice. Indeed, Matt is one of the first patent attorneys in the country to receive Board Certification in Intellectual Property by the Supreme Court of Florida. Matt is also thankful to have the love and support of his wife Susan, and his daughters Jamielynne and Nicole, in addition to four grandchildren. He enjoys fishing, golfing, running, reading, music and swimming, but his passion remains with technology. While many focus on the technical aspects of patent work and computer building, a closer look will reveal a subtle art. Matt’s passion for his work and dedication to his clients is what evolves the practice of patent law into an art form.

By Zachary S. Heck Esq. Co Vice Chair DBA Editorial Board Faruki Ireland Cox Rhinehart & Dusing P.L.L.


DBA Notary Guru and Resident Bar Historian Carol Blevins Retires


f you ever wanted to know about any and all things DBA related, Carol Blevins is certainly the person to ask. After 36 years of service with the Dayton Bar Association, our beloved Carol has decided to step down from her role as Notary Administrator and Committee Coordinator. Carol has worn many hats during her tenure with the Bar and has seen a lot of changes throughout the years. Sure you might catch a glimpse of a typewriter sitting near her desk, and "yes" she does still use it after all of these years. Carol has managed to thrive throughout the decades with all of the technological advances, she never missed a beat. The value of her service and commitment to the Bar can never be replaced. The DBA Staff is still in denial and hopes she changes her mind. On behalf of the DBA Board of Trustees, Staff and general public of the Montgomery County and surrounding areas - We will miss you greatly! You have impacted the lives of many and you are leaving us with a great legacy! If you will miss her as much as we will, just take a ride through New Carlisle and I'm sure you will catch a glimpse of her on her mower or tending to her lawn.

Congratulations Carol!

By Shayla M. Eggleton DBA Communications Manager


December 2017 Dayton Bar Briefs



Wednesday, October 11, 2017 Sinclair Community College, Building 12

Wayne H. Dawson Esq. Hon. Robert L. Deddens Patrick A. Flanagan Esq. Thomas A. Holton Esq. Hon. John M. Meagher


uring the 50 Year Honoree Luncheon, DBA President, Brian L. Wildermuth, welcomed all of those in attendances. Attorney Dave Greer spearheaded the gathering as “Master of Ceremonies”. He said that the honorees had a combination of 450 years of legal experience and 1967 for many reasons was probably the worst year in the history of America. The country was still reeling from race riots and the Apollo 1 spaceship caught fire and all three astronauts aboard perished. While 1967 did try the American spirit, there were many positive events as well. The Vietnam War came to an end and Thurgood Marshall was seated on the Supreme Court. The first honoree was Wayne Dawson. He served in the Navy. He is currently Of Counsel at Dinsmore & Shohl LPA where his areas of legal practice have been Corporate, Banking and Real Estate. The next honoree was the Hon. Robert L. Deddens. He said that he and Pat Flanagan had tried a murder case. He was a patent attorney for three years and said that he didn’t think he was cut out to be one. He then said that Neil Freund said, “Why don’t you come down to Young & Alexander.” He ended up practicing there for 11 years before he decided to go out on his own. He and his wife are the proud parents of quadruplets. He said, “I feel very blessed.” He did not mention that he had served as Judge with Oakwood Municipal Court from 1990 to 2014. The following honoree was Patrick Flanagan. He started out with Judge Stewart. Judge Stewart said, “Why don’t you come in with me.” He went to trial every Monday and got to meet Herb Jacobson. He had a murder case with the “chair” where a man had stabbed someone 19 times. Walter Dodsworth gave them an offer to take away the “chair” and the client refused. They went to trial and he said it was not very good. He said that a Roman Catholic nun was the first witness and she started crying. The jury also cried and gave the client the “chair”. The next honoree was Thomas A. Holton and he was not present. He started practicing with Estabrook, Finn & McKee in October 1967. In 1983 when Estabrook, Finn & McKee merged with Porter Wright Morris & Arthur, he became a partner. He remained a partner from 1983 to 2013. He said that when Estabrook, Finn & McKee merged with Porter Wright Morris & Arthur, it was the first law firm to merge with an out-of-town firm. He was completely alone for his first two jury trials and he had to approach the bench several different times to ask for help. The following honoree was Jack Meagher. He went on to sit on the bench at 30 years of age. He has been serving as a private mediator and


Dayton Bar Briefs December 2017

Paul B. Roderer Esq. Charles J. Roedersheimer Esq. Joel S. Shapiro Esq. James I. Weprin Esq.

arbitrator and he said he is doing what he loves best. The next honoree was Paul Roderer. He introduced his wife and his daughters and his son, Paul, Jr., whom he said was a better lawyer than he is. He said that undergrad was relatively easy. When he got to law school, it was very difficult. He went to talk to Prof. Lester at U. C. Prof. Lester said, “When you come back next year. We will put you on Law Review. When he graduated, he applied to Young & Alexander where he was hired for $50 a week and worked under Bob Alexander. The last couple of years, he has worked with his son. The following honoree was Charles Roedersheimer who was unable to attend. He is a graduate of Wheeling Jesuit University and the University of Cincinnati. He has been a Navy Judge and he has been self-employed since 2016. He said he has enjoyed a diverse legal career that has allowed him to see the perspective of private, public & nonprofit legal communities and he hopes to continue the same in a volunteer status. The next honoree was Joel Shapiro. Dave Greer said that Joel started out in the military. He went to Goldman, Bogin, Fox, Rubin and Shapiro. He said that he went to the jail to interview a client and the next day the client escaped. He said, “That was the end of my criminal career.” He is now a sole practitioner and his specialty areas of practice have been Collections, Estate Planning and Probate. There was however no mention that he and his wife are ballroom dancers. The next honoree was James Weprin. He said that his first jury trial was with Matt Heck and Judge Kessler was anxious to get rid of the case. He said his client opted not to accept a deal and that he said that “after listening to all the evidence, my client is guilty, I mean not guilty”. The Judge said that was the worst argument he had ever heard nevertheless the jury came back with Not Guilty. When we meet the attorneys who have practiced for 50 years, we often wonder how they became so successful. All of the attorneys in Montgomery County should go to the 50 Year Honoree Luncheon and listen to their stories. It is interesting to this writer, that when she first went to the 50 Year Honoree Luncheon, she thought all the members were so old. Now she realizes that she is probably older than they are.

By Mary KC Soter Esq. DBA Editorial Board Mary K.C. Soter Law Office


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December 2017 Dayton Bar Briefs



25th Annual Bench Bar Conference

Criminal Justice, Civil Consequences and Hot Topics 2017

Friday, November 3, 2017 | 8:30-4:00pm | Sinclair Community College, Building 12


n November 3, 2017, the Dayton Bar Association held its flagship event of the year: the 25th Annual Bench Bar Conference. This year's theme was "Criminal Justice, Civil Consequences, and Hot Topics for 2017." The DBA Bench Bar conference is Dayton's largest and most celebrated, legal seminar, and this year was no exception. Over 200 attorneys and judges throughout the area attended a day full of discussion about nascent legal issues, and the challenges facing our legal community. The day began with a moving presentation by Mark Godsey, of the Ohio Innocence Project, and Ricky Jackson. Mr. Jackson served thirty-nine years in a Cleveland, Ohio prison for a murder that he did not commit. With the help of the Ohio Innocence Project, Mr. Jackson was exonerated following a key witness's recanted testimony during a hearing in Cuyahoga County Common Pleas Court. At the hearing, the witness revealed that he originally lied under oath when asked if Jackson was responsible for the murder. Together, Godsey and Jackson explained the hard work by members of the Ohio Innocence Project at University of Cincinnati Law School. Godsey explained how tactics by prosecuting attorneys around the country contribute to a confirmation bias experienced by law enforcement, witnesses, and jurors, that often fuel wrongful convictions. Godsey explained that DNA evidence has made many strides in freeing the innocent, but we all must make a more concentrated effort at "getting it right" so that the criminal justice system does not suffer from hasty and erroneous convictions. They also explained the necessary role of community healing. Jackson explained that upon being released, he visited the witness whose dishonest testimony resulted in his thirtynine years in prison. Jackson explained that he hugged his accuser, and forgave him, because "he needed to let go of that part of his life." Jackson concluded by urging all attendees to live their best life, and to support criminal justice initiatives like the Ohio Innocence Project. Attendees also enjoyed "speed dating with local judges from the federal, state, and municipal courts. Judges rotated from table to table to speak


Dayton Bar Briefs December 2017

with attendees for about three minutes at a time to answer questions and discuss new problems facing the court system. Frequent topics of discussion included veterans' initiatives, the opioid epidemic, and the decline in civil jury trials. Each judge explained his or her preferences when it came to written and oral advocacy, and attendees took advantage of opportunities to ask judges about ways attorneys can improve their representation of clients. Throughout the day, breakout sessions were available to discuss emerging trends in the municipal and juvenile courts, the federal bar, and the appellate courts. Following lunch, Johnathan Sauline and his improvisation group from Black Box Theater conducted a skit during the "Comedy and Law" session. John "presided" over a fictional court case between Robin Hood and the government. The day concluded with a session entitled "Civil Consequences of Wrongful Incarceration or Excessive Use of Force." Al Gerhardstein, a civil rights attorney who served as lead counsel in Obergefell v. Hodges,

continued on page 11


BENCH BAR RECAP continued from page 10

the landmark marriage equality case decided by the United States Supreme Court, was the featured speaker. He spoke about the importance of reforming law enforcement policies to curb the excessive use of force. Mr. Gerhardstein invited Brandi Stewart to the stage to discuss her experiences following a police officer's use of excessive force. Brandi told the audience that her daughter, Samantha, was shot and killed by a Boone County Sheriff 's deputy in 2014 while Samantha was driving home from a field party. Brandi explained that the deputy jumped on the hood of Samantha's car without warning, and then fired four shots through the windshield. Brandi explained how her family reached a settlement with the Boone County Sheriff's department, which included a requirement that the Sheriff 's Department review and implement new policies, including, but not limited to, providing body cameras to its patrol deputies, revising use of force, and additional training. Mr. Gerhardstein informed the audience that not all civil rights cases are successful, because of the high burden that must be met to aggressively pursue police departments. However, with increased public scrutiny over police misconduct, Gerhardstein hopes that we will see additional reforms throughout the country. The DBA Bench Bar Conference continues to be a banner event for the Dayton legal community. Attendees learned about issues that affect the criminal and civil practices of law, and gained insight into some of the hot topics facing our community. Attendees walked away with a lot of important issues to think about until next year's Bench Bar Conference.

Hon. Richard S. Skelton

Jeffrey R. McQuiston Esq.

By Zachary S. Heck Esq. Co Vice Chair DBA Editorial Board Faruki Ireland Cox Rhinehart & Dusing P.L.L.


December 2017 Dayton Bar Briefs




nnually, on November 11th, our nation pauses to observe Veterans Day in honor of and to celebrate all of the brave men and women who serve or have served in the United States Armed Forces. As part of the 2017 national celebration of Veterans Day, the Dayton Bar Association honored and celebrated the service of our nation’s veterans, in part, by bringing its successful Wills for Heroes program to the Dayton Veterans Affairs (“V.A.”) Medical Center for the second time in the form of a “Wills for Vets” event. The Wills for Heroes program, as many DBA members know, has operated through the DBA since 2008 and offers, on select dates each year, the pro bono preparation of estate planning documents -- such as wills -- to our community’s first responders. According to Montgomery County Common Pleas Judge Erik R. Blaine, “Over the least nine years, we have been able to help protect over 1,200 heroes and their families, and together with the FBA we will continue to honor even more of our heroes and their service.” The 2016 expansion of the Wills for Heroes program to veterans inspired the Federal Bar Association (“FBA”) -- via its national president, the Hon. Michael J. Newman of the U.S. District Court in Dayton -- to implement a Wills for Veterans initiative nationally, whereby, beginning in 2017, and in conjunction with Veterans Day, FBA Chapters throughout the country will provide basic estate planning services to veterans in their area pro bono. Approximately twenty FBA Chapters from California to Massachusetts planned to hold a Wills for Veterans event in November 2017 in conjunction with Veterans Day. Locally, the DBA, in partnership with the Dayton Chapter of the FBA, held its Wills for Veterans event on November 4, 2017 at Lyons Place 2 on the campus of the Dayton V.A. Medical Center as part of this national initiative. Dozens of individuals -- including local judges, attorneys, law students, paralegals, and DBA staff -- volunteered to serve numerous veterans on that date. Among the volunteers were Judge Newman and Judge Blaine. “It is a great honor and privilege to help and to honor all of the veterans in Dayton who have given so much to their country and to us as a nation,” says Judge Newman. He adds, “They have given so much to us, and we are honored to now give back to them.” At the beginning of the event, Judge Blaine and Lauren K. Epperley, Esq. continued their devotion to the Wills programs by offering an hour-and-a-half long training session. “The motivation behind these programs has always been to honor the service and sacrifice of the brave men and women who protect us and our country,” says Judge Blaine. Attorney Epperley remarked, “Both


Dayton Bar Briefs December 2017

of my grandfathers were veterans and volunteering was a great way to honor their memories.” For approximately seven hours immediately following the detailed training session, volunteers met with veterans and prepared their estate documents. “The program offers a great opportunity for attorneys from different practice areas to learn about the basics of estate planning through free legal training and through the hands-on experience of preparing the documents at the event,” says Attorney Epperley. In all, volunteers successfully drafted 45 sets of estate planning documents during the event. In recognition of their efforts, Deputy Chief of the V.A. Police Service Charles Barnes presented each volunteer with a military challenge coin that commemorates the Dayton V.A.’s 150th Anniversary. Following the event, Chief Deputy Barnes expressed to me his sincere appreciation of the efforts of the DBA and FBA Dayton Chapter. “As the Deputy Chief of Police at the Dayton V.A. Medical Center and a veteran, I would like to personally thank the Federal Bar Association as well as the Dayton Bar Association for their efforts with the Wills for Heroes last Saturday,” Deputy Chief Barnes said. “Without the efforts of everyone involved, our veterans likely would have never received the services provided to them that day. Again, we cannot thank you, Judge Newman, Judge Blaine, and all the volunteers enough for the compassion and support shown to our nation’s heroes.”

By Michael N. Rhinehart Esq. DBA Editorial Board US District Court, Southern District of Ohio



DBAVolunteer Day Saturday, January 20, 2018 | 9:00-11:00am The Foodbank Dayton 56 Armor Pl., Dayton, OH 45417

We’re fighting hunger with The Foodbank! The Foodbank brings food, comfort and hope to hungry families in the Dayton area. Each week, The Foodbank distributes 1,400 Good-to-Go Backpacks to children who are at risk for going hungry over the weekend.

We need you. The Foodbank serves more than 100 programs annually, distributing over 9 million pounds of food. With your contribution, additional families can be fed and more people can learn about The Foodbank’s mission to end hunger. Help lead the fight against hunger!

Join Us!!!

Volunteer with the DBA on Saturday, January 20, 2018 from 9:00-11:00am to help stuff backpacks and write cheery notes to send to children. Donate jars of peanut butter. Collection bins will be at the DBA Offices in December and January. For More Information Contact:

Jennifer Otchy, DBA Senior Director of Professional Development jotchy@daybar.org | 937.222.7902

December 2017 Dayton Bar Briefs



Dayton Bar Briefs December 2017


Discharge Upgrade Training to Support Veterans Tuesday, November 14, 2017 Montgomery County Business Solutions Center 1435 Cincinnati Street, Ste. 300, Dayton, OH 45417


hat is a Veteran? Most of us believe that a veteran is any person who has served in any branch of the United States Armed Forces. Veterans are our brothers, sisters, mothers, fathers, cousins, and friends. However, the United States Department of Veteran Affairs (“VA”) defines a veteran much differently. The VA defines the term as “a person who served in the active military service and who was discharged or released under conditions other than dishonorable.” However, the VA narrows this term even further to include a person who served in the active military service but who was discharged with a “less than honorable” discharge status. On November 14, 2017, LexisNexis sponsored the Discharge Upgrade Training to Support Veterans, which was conducted by Danica Gonzalves, Equal Justice Works Fellow, from The Veterans Consortium (TVC). Ms. Gonzalves traveled to Dayton from TVC’s Washington, DC office to train the attendees on the implications of dishonorable or less than honorable discharges and how we can assist veterans in upgrading their discharge status through an administrative process. Now, what does it mean for a person who is discharged as dishonorable or less than honorable? Veterans who have a dishonorable discharge or are discharged as “less than honorable” cannot received medical or mental health care and cannot be recognized as a veteran by the VA. For example, Mr. X is an Airman in the United States Air Force for 7 years with three combat deployments. After his last deployment to Iraq, he resorts to smoking marijuana as he struggles to acclimate back to the civilian world again. After failing a drug test, he is dishonorably discharged. Mr. X will receive no educational benefits, no health care benefits, no mental health care benefits, and he will not be recognized as a veteran by the VA. Mr. X has since been diagnosed with Post Traumatic Stress Disorder (PTSD), which his doctor believes began during his years of service. As attorneys, what can we do to help Mr. X? With Wright Patterson Air Force Base,


*Danica Gonzalves, Equal Justice Works Fellow, from The Veterans Consortium (TVC) in Washington, DC. the Dayton VA Medical Center, and other local military facilities, there are a number of veterans in the Miami Valley suffering from PTSD and Traumatic Brain Injuries (TBI) due to military service. Many of these veterans have been dishonorably or less than honorably discharged. Often times, under the circumstances of their discharge, timing of the PTSD or TBI, and characteristics of their service, veterans could apply for their discharge to be upgraded. An upgrade can allow these veterans to receive health and mental health care to treat their PTSD and TBI, and in very limited circumstances, they could receive their educational benefits. The upgrade is through an administrative process through the various armed services components, including the Army, Air Force, Navy, Marine Corps, and Coast Guard. There are no requirements to appear before any of the administrative boards, unless requested, and majority of the work involves reviewing records, completing the application, and drafting a brief in support of the application. As lawyers, we are already trained to analyze

records and draft briefs. This is our opportunity to serve those who have served us by using our skills to assist veterans in the application process so they can receive health and mental health care. If you were unable to attend the Discharge Upgrade Training, there is still an opportunity for you to learn how to upgrade discharges for veterans. If you are interested in learning more about the process, interested in training to assist in this process, or would like to receive pro bono clients through TCV ’s screening process, please contact Discharge Upgrade Training Event Coordinator, Kermit Lowery Esq. from LexisNexis, a division of RELX, Inc., at kermit. lowery@lexisnexis.com. By Michelle T. Sundgaard Esq. DBA Editorial Board Pickrel Schaeffer & Ebeling Co., LPA. December 2017 Dayton Bar Briefs



December CLE Offerings Labor & Employment Law Update Friday, December 1, 2017 | 9:00-12:15pm 3.0 CLE Hrs | Seminar #1617-049 M $105 | NM $150 | PP $0 Federal Practice Update Tuesday, December 5, 2017 | 9:00-12:15pm 3.0 Hrs | Seminar #1617-050 M $105 | NM $150 | PP $0 Juvenile Law Update Wednesday, December 6, 2017 | 9:00-12:15pm 3.0 Hrs | Seminar #1617-051 M $105 | NM $150 | PP $0 Estate Planning 101 (details on pg17) Wednesday, December 6, 2017 | 1:00-4:15pm 3.0 Hrs | Seminar #1617-052 M $105 | NM $150 | PP $0 Appellate Practice Update (details on pg17) Thursday, December 7, 2017 | 8:30-11:45am 3.0 Hrs (2.0 Gen, 1.0 Prof. Conduct) Seminar #1617-053 M $105 | NM $150 | PP $0 Presenter: Justice Judith L. French, Supreme Ct of Ohio Workers Comp for the General Practitioner Thursday, December 7, 2017 | 12:30-3:45Pm 3.0 Hrs | Seminar #1617-054 M $105 | NM $150 | PP $0 Presenter: Joseph Gibson Esq., Gibson Law Office Recent Ethics Violations & the Ethical Perils of Social Media (video replay) Friday, December 8, 2017 | 9:00-12:15pm 3.0 Hrs Prof. Conduct | Seminar #1718-055 M $105 | NM $150 | PP $0 Civil Trial Update (details on pg17) Monday, December 11, 2017 | 1:00-4:15 pm 3.0 Hrs | Seminar #1718-057 M $105 | NM $150 | PP $0 Crisis Communications & Management for Lawyers & Their Clients (details on pg17) Tuesday, December 12, 2017 | 9:00-12:15pm 3.0 Hrs | Seminar #1718-033 M $105 | NM $150 | PP $0 Presenter: Bruce Hennes, Hennes Communications 16

Dayton Bar Briefs December 2017

Environmental Law Update: Trump’s EPA: Rules…Schmules Wednesday, December 13, 2017 | 9:00-12:15 pm 3.0 Hrs | Seminar #1718-058 M $105 | NM $150 | PP $0 Real Property Update Wednesday, December 13, 2017 | 1:00-4:15 pm 3.0 Hrs | Seminar #1718-059 M $105 | NM $150 | PP $0 Judge Langer’s 2017 Criminal Law Update – Review of Decisions of US Supreme Court, Ohio Supreme Court, Ohio Appellate Courts and Ohio Legislation Friday, December 15, 2017 | 8:30-11:45am 3.0 Hrs | Seminar #1718-060 M $105 | NM $150 | PP $0 2017 Annual Domestic Relations Seminar (video replay) Monday, December 18, 2017 | 9:00-4:45pm 6.0 Hrs | Seminar #1718-061 M $215 | NM $300 | PP $30

New Lawyer Training: The Core Components (video replay) Friday, December 22, 2017 | 9:00-12:15pm 3.0 Gen Hrs and 3.0 NLT Hrs incl. (1.0 NLT Prof., 1.0 Law Practice Mgmt, 1.0 Client Fund Mgmt) Seminar #1718-066 M $105 | NM $150 | PP $0 Domestic Relations 101 (video replay) Friday, December 22, 2017 | 12:30-3:45pm 3.0 Gen Hrs and 3.0 NLT Hrs Seminar #1718-071 M $105 | NM $150 | PP $0 Labor and Employment Law Committee’s Annual (and Amazing) Roundup (video replay) Wednesday, December 27, 2017 | 9:00-12:15pm 3.0 Hrs incl. 1.0 Hr Prof. Conduct Seminar #1718-067 M $105 | NM $150 | PP $0

2017 Elder Law Update Seminar (video replay) Tuesday, December 19, 2017 | 9:00-4:45pm 6.0 Hrs | Seminar #1718-062 M $215 | NM $300 | PP $30

House Bill 390: Revamping Ohio’s Foreclosure Process (video replay) Wednesday, December 27, 2017 | 1:00-4:15pm 3.0 Hrs | Seminar #1718-068 M $105 | NM $150 | PP $0

Recent Ethics Violations & the Ethical Perils of Social Media (video replay) Wednesday, December 20, 2017 | 9:00-12:15pm 3.0 Hrs Prof. Conduct | Seminar #1718-063 M $105 | NM $150 | PP $0

2017 Annual Probate Institute (video replay) Thursday, December 28, 2017 | 9:00-4:45pm 6.0 Hrs incl. 1.0 Hr Prof. Conduct Seminar #1718-069 M $215 | NM $300 | PP $30

The Rules of Evidence Series: Character and Impeachment (video replay) Wednesday, December 20, 2017 | 1:00-4:15pm 3.0 Gen Hrs and 3.0 NLT Hrs | Seminar #1718-064 M $105 | NM $150 | PP $0

Recent Ethics Violations & the Ethical Perils of Social Media (video replay) Friday, December 29, 2017 | 9:00-12:15pm 3.0 Hrs Prof. Conduct | Seminar #1718-070 M $105 | NM $150 | PP $0

25th Annual Intellectual Property for General and Corporate Practitioners (details on pg17) Thursday, December 21, 2017 | 9:00-12:15 3.0 Hrs incl. 1.0 Hr Prof. Conduct and 3.0 NLT Hrs Seminar #1617-065 M $105 | NM $150 | PP $0 Presenters: Matthew R. Jenkins Esq., Jacox Meckstroth 937.222.7902 & Jenkins, Ted D. Lienesch Esq., Thompson Hine

Hot Topic CLE Features and Speaker Favorites! Estate Planning 101

Wednesday, December 6, 2017 1:00-4:15pm | 3.0 Hrs Seminar #1718-052 M $105 | NM $150 | PP $0

This 3-hour seminar presented by DBA Estate Planning Trust and Probate Committee will cover the following topics: Basics of Trust and Will Drafting by Kristina Rainer Esq., Basic Probate and Trust Administration by Sarah Worley Esq., Basics of Guardianships by Brittany O'Diam Esq. and Kimberly Estess Esq., Medicaid Basics for Estate Planners and Update by Brittany O'Diam Esq. and Kimberly Estess Esq.

Appellate Practice Update

Thursday, December 7, 2017 8:30-11:45am | 3.0 Hrs (2.0 General, 1.0 Professional Conduct) Seminar #1718-053 M $105 | NM $150 | PP $0

This three-hour CLE presentation will kick off with Susan D. Solle Esq. and Anne P. Keeton Esq. discussing professionalism and ethics issues that arise in Appellate Practice. Next up, "Adminstrative Appeal Live"Terry P. Posey Esq.; Glen R. McMurry Esq. and Nadia A. Klarr Esq., will be hosting a ‘game show’ to test (and educate) on the administrative appeal process for several types of administrative action. Special Guest Speaker, Justice Judith L. French will close out the seminar, speaking about Supreme Court Practices and Procedures.

Civil Trial Update

Monday, December 11, 2017 1:00-4:15pm | 3.0 General Hrs Seminar #1718-057 M $105 | NM $150 | PP $0

Attorney Jeffrey Hazlett will present on what an attorney should do to ensure a successful mediation and what an attorney can do to guarantee an unsuccessful mediation. Attorney Lauren Epperley will focus on tackling Medicare with personal injury cases, incl. determining whether to open a CMS case, reporting to CMS, addressing Medicare in the release documents, and dealing with Medicare Set Aside arrangements. Lastly, Judge Erik Blaine’s presentation will focus on final judgments. He will tackle what constitutes a final judgment, address ways in which final judgment can be successfully attacked, and outline how to successfully defend a final judgment.

Crisis Communications & Management for Lawyers & Their Clients Tuesday, December 12, 2017 9:00-12:15pm | 3.0 General Hrs Seminar #1718-035 M $105 | NM $150 | PP $0 Presenter: Bruce Hennes, Hennes Communications

After attending this CLE, attorneys will understand the current media landscape (traditional media and new media); Know how to establish and maintain “control of the message”; Better understand the challenges facing law firms and clients when faced with communicating during a crisis; Know how to make points with a reporter vs. simply answering questions and promote positive collaboration between Legal and Communications functions

25th Silver Anniversary Annual Intellectual Property for General and Corporate Practitioners Thursday, December 21, 2017 9:00-12:15pm | 3.0 Hrs (2.0 Prof. Conduct; 1.0 General) Seminar #1718-065 M $105 | NM $150 | PP $0 Presenter: Matthew R. Jenkins Esq., & Ted D. Lienesch Esq.

Join us for this special silver anniverary of 25 years of this annual DBA legal education program! Presenters Matthew R. Jenkins Esq. & Ted D. Lienesch Esq. will present this important primer for General and Corporate Practitioners. Topics covered include: Trademarks and Domain Names; Trade Secrets; Patents; Copyrights; and IP from a Litigators Point of View.


December 2017 Dayton Bar Briefs



Helping You Meet Your Year-End Requirements

Professional Conduct

New Lawyer Programs

3.0 hr Professional Conduct seminars offered several times throughout the month of December!

Programs that satisfy Supreme Court of Ohio NLT Requirements. Those practicing for <2yrs receive special rates on these programs!

Recent Ethics Violations & the Ethical Perils of Social Media (video)

The Rules of Evidence Series: Character and Impeachment (video)

Recent Ethics Violations & the Ethical Perils of Social Media (video)

25th Annual Intellectual Property for General & Corporate Practitioners

25th Annual Intellectual Property for General & Corporate Practitioners

New Lawyer Training: The Core Components (video)

Friday, December 8, 2017 | 9:00-12:15pm 3.0 CLE Hrs Prof. Conduct | Seminar #1718-055

Wednesday, December 20, 2017 | 9:00-12:15pm 3.0 CLE Hrs Prof. Conduct | Seminar #1718-063

Thursday, December 21, 2017 | 9:00-12:15pm 3.0 CLE Hrs, incl. 1.0 Hr Prof. Conduct and 3.0 Hrs NLT | Seminar #1617-065

Recent Ethics Violations & the Ethical Perils of Social Media (video) Friday, December 29, 2017 | 9:00-12:15pm 3.0 Hrs Prof. Conduct | Seminar #1718-070

Wednesday, December 20, 2017 | 1:00-4:15pm 3.0 Hrs / 3.0 Hrs NLT | Seminar #1718-064

Thursday, December 21, 2017 | 9:00-12:15pm 3.0 Hrs., incl. 1.0 Hr Professional Conduct and 3.0 Hrs NLT | Seminar #1617-065 Friday, December 22, 2017 | 9:00-12:15pm 3.0 Hrs / 3.0 Hrs NLT incl. (1.0 NLT Prof., 1.0 Law Practice Mgmt., 1.0 Client Fund Mgmt.) Seminar #1718-066

Domestic Relations 101 (video)

Friday, December 22, 2017 | 12:30-3:45pm 3.0 Hrs / 3.0 Hrs NLT incl. (1.0 NLT Prof., 1.0 Law Practice Mgmt., 1.0 Client Fund Mgmt.) Seminar #1718-071

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Dayton Bar Briefs December 2017



December 2017 Dayton Bar Briefs




holiday luncheon

special guest speaker

Nan Whaley Mayor of Dayton

Sinclair Community College Ponitz Center Thursday, December 14, 2017 Doors open at 11:30am

Each year, the Greater Dayton Volunteer Lawyers Project uses the Dayton Bar Association’s Annual Holiday Luncheon as a way to thank the hundreds of attorneys, paralegals, law school students, and paralegal students in our community who have taken cases pro bono or otherwise volunteer. To date, the GDVLP has provided in excess of $16 million in legal services to the less fortunate members of our community who need legal assistance. Although promoting equal justice and access to the court system for all is vital to its mission, the primary goal of the GDVLP is to provide the local bar with innovative and fulfilling pro bono opportunities.

we wish to thank all 2017 volunteers!

dba holiday luncheon * social time 11:30am * lunch 12:00pm I have volunteered FIVE (5) hours to the GDVLP in 2017. My lunch is FREE! Please make reservations for Reserve

@ $25.00........................................................ $________

tables of 8 @ $200.00....................................................................... $________ Please attach a list of attendees.


Total.......................... $________




Security Code


Personal Check #

American Express




Phone_________________________________________ Signature

To: DAYTON BAR ASSOCIATION • 109 N. Main St., Ste. 600 • Dayton, OH 45402-1129 • Phone: 937 / 222-7902 • Fax: 937 / 222-1308


Dayton Bar Briefs December 2017



December 2017 Dayton Bar Briefs



Foundation Fellows

The DBA Foundation Board of Trustees has initiated the Foundation Fellows Program to recognize those members of the Dayton legal community who have maintained the highest standards of the legal profession and who are dedicated to the welfare of the community and furtherance of the purposes and ideals of the Dayton Bar Association and Foundation. Foundation Fellow nominees have distinguished themselves at the bench or the bar, demonstrated integrity, high character, have been involved in legal and/or community affairs and have made a commitment to the future success of the Dayton Bar Association Foundation. *The Class of 2017 Foundation Fellows are highlighted in green below. The Fellow Members who have passed away are indicated with asterisk.

Hon. Dennis J. Adkins Charles F. Allbery III Esq. Debra B. Armanini Esq. Theresa A. Baker Esq. Jonathon L. Beck Esq. Cheryll A. Bennett Esq. Susan Blasik-Miller Esq. Robert A. Bostick Esq. Karen D. Bradley Esq. Joan B. Brenner Esq. Hon. James A. Brogan Hon. James F. Cannon Hon. Anthony Capizzi Robert L. Caspar Jr. Esq. Mark R. Chilson Esq. Hon. William A. Clark Brooks A. Compton Esq. Christopher F. Cowan Esq. Jeffrey T. Cox Esq. Dale E. Creech Jr. Esq. F. Ann Crossman Esq. Robert M. Curry Esq. Hon. Steven K. Dankof Sr. Larry J Denny Esq. *Peter J. Donahue Esq. Hon. Mary E. Donovan Daryl R. Douple Esq. Hon Frederick W. Dressel Trisha M. Duff Esq. David M. Duwel Esq. James A. Dyer Esq. Christopher B. Epley Esq. Lauren Kay Epperley Esq. Lee C. Falke Esq. Robert N. Farquhar Esq. Charles J. Faruki Esq. Mag. Gina A. Feller Hon. Patrick J. Foley Gary L. Froelich Esq. Hon. Jeffrey E. Froelich *Richard L. Furry Esq. Mag. Joseph S. Gallagher 22

Dayton Bar Briefs December 2017

Charles F. Geidner Esq. Caroline H. Gentry Esq. Hon. Barbara P. Gorman Thomas M. Green Esq. David C. Greer Esq. Lawrence J. Greger Esq. Ted Gudorf Esq. Dennis E. Gump Esq. Christine M. Haaker Esq. Robert J. Hadley R. Mark Henry Esq. J. Stephen Herbert Esq. J. Michael Herr Esq. Ralph E. Heyman Esq. Victor A. Hodge Esq. Louis I. Hoffman Esq. *Nicholas C. Hollenkamp Esq. Hon. Mary Katherine Huffman Hon. Guy R. Humphrey D. Jeffrey Ireland Esq. David E. Izor Esq. Thomas E. Jenks Esq. William A. Jividen Esq. Joseph Steven Justice Esq. Keith R. Kearney Esq. Ronald D. Keener Esq. Anne P. Keeton Esq. James W. Kelleher Esq. Thomas W. Kendo Jr. Esq. Hon. John W. Kessler Scott A. King Esq. Thomas A. Knoth Esq. James G. Kordik Esq. John R. Koverman Jr. Esq. Leo F. Krebs Esq. Hon. Michael W. Krumholtz Laurence A. Lasky Esq. Kennedy Legler Jr., Esq. Gary J. Leppla Esq. Dennis A. Lieberman Esq. Hon. James F. Long L. Anthony Lush Esq.

Jane M. Lynch Esq. Michelle M. Maciorowski Esq. Dianne F. Marx Esq. Craig T. Matthews Esq. Hon. Alice O. McCollum Frances E. McGee Jeffrey R. McQuiston Esq. Hon. John M. Meagher Alan F. Meckstroth Esq. Hon. Michael R. Merz David P. Mesaros Esq. Mag. Arvin S. Miller lll Michael B. Miller Esq. *Hon. Robert L. Moore Ronald E. Mount Esq. Jeffrey A. Mullins Esq. James T. Neef Esq. Hon. Michael J. Newman Bruce I. Nicholson Esq. Victoria L. Nilles Esq. Hon. Timothy N. O'Connell Hon. Thomas M. O'Diam Stephen Patrick O'Keefe Esq. Alvarene N. Owens Esq. Richard P. Perna Esq. Hon. John S. Pickrel John D. Poley Esq. *Hon. Connie S. Price Lynn M. Reynolds Esq. Walter Reynolds Esq. Bonnie Beaman Rice Esq. Hon. Walter Herbert Rice H. Pete Rife Esq. Hon. Adele M. Riley John H. Rion Esq. Jon Paul Rion Esq. Paul B. Roderer Esq. Paul B. Roderer Jr. Esq. William A. Rogers Jr. Esq. Marshall D. Ruchman Esq. John M. Ruffolo Esq. Marybeth W. Rutledge Esq.

Edwin L. Ryan Jr. Esq. Beth W. Schaeffer Esq. Gary C. Schaengold Esq. Jon M. Sebaly Esq. Todd D. Severt Esq. Edward L. Shank Esq. Carl D. Sherrets Esq. *Charles D. Shook Esq. Jeffrey B. Shulman Esq. Hon. Gregory F. Singer Hon. Richard S. Skelton Ralph A. Skilken Jr. Esq. Charles W. Slicer Sr. Esq. Jeffrey D. Slyman Esq. Edward M. Smith Esq. Mary K.C. Soter Esq. Paul H. Spaeth Esq. Andrew C. Storar Esq. Nicholas E. Subashi Esq. Hon. David G. Sunderland Robert J. Surdyk Esq. Jeffrey A. Swillinger Esq. Bridget A. Tracy Esq. Louis E. Tracy Esq. Hon. Michael L. Tucker H. Charles Wagner Esq. Christopher A. Walker Esq. *Hugh E. Wall lll Esq. Brian D. Weaver Esq. D K Wehner Esq. Gary J. Weston Esq. Thomas P. Whelley ll Esq. Merle F. Wilberding Esq. Brian L. Wildermuth Esq. David P. Williamson Esq. Hon. William H. Wolff Jr. Michael L. Wright Esq. *Steven E. Yuhas Esq. Patricia A. Zimmer Esq.




Annual Holiday Gift Column

The holiday someone to hereâ&#x20AC;&#x2122;s a list

For the Chef

For the Entertainer

Wine Subscription Box http://bit.ly/2zZwguA

Marble Tic â&#x20AC;&#x201C;Tac- Toe Game http://bit.ly/2hFFOCP

This monthly wine subscription allows you to shop online; wines are suggested and delivered to your door monthly. The selection of wines can be found at a variety of stores such as Whole Foods Market and have a wide range of price points.

Stainless Steele Espresso Machine http://bit.ly/2AhVJTi

This espresso machine is the perfect gift for any host that enjoys the fresh grind in under a minute. The options are endless for any host and are sure to please any crowd within minutes. This is the gift for the lawyer that enjoys a small bolt of energy in a flash.

For the well-polished lawyer, this marble game set is sure to set the tone for a fashionable event. This handmade set is perfect for the crowd pleaser on your list.

Collar Perfect https://www.collarperfect.com

A gift for an on-the-go lawyer that does not have time to get their garments pressed. This gadget allows for fresh collars, pant creases or other areas that make the entire outfit come together when perfectly positioned.

Disappearing Civil Liberties Mug http://bit.ly/2z4YiUk

These mugs give that special someone a reminder of all the civil liberties that are a stake everyday. When the recipient pours a hot beverage into the mug, some rights stay and others disintegrate. This is mug with a statement.


Dayton Bar Briefs December 2017


ys are right around the corner and there is still that special o check off the list. I have done all the hard work for you; t of 12 gifts for the lawyer or soon-to-be lawyers in your life. Happy browsing! By Kylie Corbin, Research Assistant UDSL J.D. May 2017

Globe Trotter Portable Luggage Scale http://amzn.to/2hDQ3aS

No one likes to be charged that last minute overage fee before jetting out of town. A luggage scale will leave the traveler confident and worry free at the flight deck.

Carry On Cocktail Kit http://bit.ly/2qbZOzR

This carry on item is sure to please the traveler who enjoys a cocktail at 30,000 feet without the airline’s price tag. These come in a variety of flavors and make the perfect companion to a delightful getaway.

Face Halo – Makeup Remover http://bit.ly/2eXYaha

These face cleansers are for the environmentally conscious person on your list this year. These work with the addition of water and can be thrown into the washing machine with whites or light colored clothing and the remover is good as new. Little waste and little mess!

Décor for a Lawyer Attorney Wall Art http://etsy.me/2mMRtoM

This piece of wall art is the gift that keeps giving. A print that can be placed in an office or home for the reminder of what it is to be a lawyer.

Harness Leather Towel Carrier http://bit.ly/2AhpC63

This gift is for the beach or pool goer on your list. Its sole purpose is to keep the towels tightly wrapped and to ensure the beach bag has room for all the valuables that are needed on the next tropical trip.

Scratch Off International Travel Map http://etsy.me/2iyS9tm

Hour Glass Décor http://bit.ly/2zUI3g6

This hourglass décor is a functioning time tracker or an elegant piece of décor that brings old-world functionality into the décor space. Just one flip and you are subtly tracking your billable hours.

Gift a world map to the creative traveler who likes the sensation of checking items off a list. This map exposes beautiful colors once the traveler has experienced all the country/state has to offer.


December 2017 Dayton Bar Briefs



Foreign Language Interpretation and the Courts


recently returned from a vacation that took me to Spain, France, and Germany. I speak neither Spanish nor French. I last spoke German in 1980, when I was a high school exchange student in Munich. Due to that passage of time, my German language ability for this trip consisted of the ability to count to twenty, state that I neither spoke nor understood the German language, and ask where the train station was located. However, I could not understand the directions to the train station once supplied in German. Thankfully, these European countries used the same alphabet, so maps and other visual cues were helpful for navigating and understanding my environment. Even that limited visual assistance was not available the times I had visited Israel and Japan, where I encountered Hebrew and Japanese alphabets that were indecipherable to me. Lacking English speaking assistance, I resorted to international body language and pantomime to communicate. This process, similar to playing charades, involves smiling, looking lost, announcing that I am an American, and acting out the activity I sought, which was usually either a toilet, sustenance, transportation, or directions. Fortunately, in my world travels I have discovered that many Europeans and citizens of other countries speak perfect English, especially in the areas frequented by tourists. Also, technology such as translation apps like Google Translate, help with basic needs. In addition to the different languages encountered when travelling abroad, it is fascinating to be immersed in different cultures and customs. My visit to Madrid and Barcelona occurred during high political tensions as Catalonia was declaring independence from Spain and Spain was rejecting and trying to quash this secessionist movement. Also, acts of terrorism in Spain, France, and Germany are relatively recent and the presence of heavily armed military personnel on patrol, in addition to local police, was a com-


Dayton Bar Briefs December 2017

mon sight in areas frequented by tourists. During my trip, I visited many museums, historical sights, and tourist traps. At a point, the art, monuments, and architecture become a blur, wrapped in a fog of sensory and informational overload. Betraying my true interests and sensibilities, however, I have a very clear memory of the food. In Spain, I sampled vermouth and many varieties of tapas. The tapas ranged from local olives and bread to stuffed mushrooms, garlic shrimp, Spanish ham, and fried pig ears (I passed on those). The French are masters of wine and food. And chocolate. I visited, more than once or twice, a small French chocolate shop that had regularly supplied sweets to Queen Victoria of England. Her royal prowess at wielding power clearly included great discernment and judgment in the selection of chocolate and other sugary treats. German food, in contrast to the lightness of authentic southern French cuisine, is heavy and hearty. Here, beer, wiener schnitzel, potatoes, and pretzels ruled the menu. As I ate and drank my way across western Europe, my clothing coincidentally shrank just by being crammed in my suitcase. In addition to sampling the local food and drink, I learned more about each countryâ&#x20AC;&#x2122;s past and present. As America battles the destruction of the Emerald Ash borer, the Mediterranean countries are fighting against a similarly destructive microorganism infestation that is devastating palm and olive trees. Traditional industries, such as growing flowers for scents and perfumes, have been disrupted by technological advances, such as synthetic aromas made in laboratories and factories. Immigration from the Middle East poses tough policy issues for each country. Brexit has personal and potentially extreme consequences to Brits living in continental European Union countries, such as the necessity of qualifying for difficult to obtain long term work and

By Hon. Mary L. Wiseman Montgomery Cty Common Pleas Court education visas. My travel included thoughts about the justice systems established in these countries. In the event that I became accidentally enmeshed in that system, the first and foremost barrier would be the language. Without the ability to understand what people were saying and unable to understand the writing on instructional, directional, or warning signs, how would I fare in their system of justice? What could I expect in terms of waiting times, process, and procedure in systems totally foreign to me? I would be disoriented, confused, and very afraid. Indeed, these anxious feeling are exactly those described by individuals that speak no or only limited English when they become entangled with Ohioâ&#x20AC;&#x2122;s justice system. Foreign language speaking individuals, or those individuals that are deaf, mute or have limited English proficiency, must have appropriate language interpretation for courtroom events involving them. Ohio Superintendence Rule 88 (A) mandates that a court shall appoint a foreign language interpreter for a case or court function if requested by a witness or party and the court determines that interpretive services are necessary for the witness or party to meaningfully participate. Even absent a request for a foreign language interpreter, if the court concludes that interpretation is necessary, then an interpreter must be appointed. The appointed interpreter should be disinterested in the action and competent to translate in court. When in doubt, the court should, at a minimum, conduct a hearing to find out whether a translator is appropriate and, if needed, whether the translator is competent. The Supreme Court of Ohioâ&#x20AC;&#x2122;s Language Services Program provides technical assistance, training, and resources to Ohio courts in cases involving foreign language speaking participants. For example, my

continued on page 27


FROM THE JUDGES DESK: Foreign Language Interpretation and the Courts continued from page 26 criminal docket includes a matter involving seven co-defendants, six of whom have limited English proficiency with their native language being Russian. Using six or more Russian translators per proceeding was painfully unwieldy, slow, and expensive. I called the Language Services Program to find out about any assistance or guidance it could supply for this unique circumstance. The Language Services Program has loaned my court, for free, a system of Bluetooth microphones and headphones to simplify the translation process for this case, reducing the number of interpreters, speeding up the proceedings to a more normal pace, and insuring the quality of the translation. That office also tests and certifies individuals regarding proficiency of interpretation; maintains a roster of certified or provisionally certified interpreters in numerous foreign languages; maintains certain standard court forms in Arabic, Chinese, Russian, Spanish, and Somali; and maintains a telephonic service through which a court can immediately access telephonic foreign language interpretation for a short court event. The Supreme Court of Ohio’s website provides a portal to access all of this helpful information. See https://www.supremecourt.ohio.gov/JCS/interpreterSvcs. The Language Services office has supplied all courts with bench cards and other materials to assist in identifying the foreign language being spoken by a witness or party, evaluating the skill of a proposed interpreter, and insuring that the translator understands his or her ethical obligations. The manager of the Language Services Program, Bruno G. Romero, is a valuable resource, as well. His experience and training can help attorneys and courts address difficult communication issues not addressed by the Rules of Superintendence. For



HERBERT M. EIKENBARY 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. Through the efforts of the Trustee's and the Dayton Bar Association's counsel, we have been successful with the Court to better effectuate the purpose of Mr. Eikenbary's Will by increasing the amount of loans made to young attorneys, which was originally only $500.00, to $4,000 per grant. The maximum available individual loans, are up to $6,000.00 at 4% interest. This is indeed a big difference from the original loan amount of $500, but the interest amount has remained the same so the financial burden will not be weighted heavily.

example, situations have arisen where there has been difficulty in identifying the foreign language; the foreign language or dialect is extremely rare, creating issues with even identifying the language on top of finding an interpreter; or profound communication barriers such as impaired hearing compounded with limited or no vision and/or an inability to verbalize. He also tells interesting stories that are simultaneously comic and chilling highlighting the challenges and potential injustices arising in the event that foreign language interpretation is not provided under the standards now established by the Ohio Supreme Court. Often, the stakes in a court proceeding are high for parties and witnesses. An individual’s ability to understand those pro-

How to Apply? Application forms are available from the Herb Eikenbary Loan & Grant Program through the Eikenbary Advisory Committee of the Dayton Bar Association. If you would like to take advantage of these programs, contact:

Sally Dunker, DBA Executive Director Dayton Bar Association 109 N. Main St., Suite 600 Dayton, OH 45402-1129

ceedings, from minor events to those with major consequences, are critical to protect the individual’s rights. Hence adequate and appropriate foreign language translation for witnesses and parties is essential. Attorneys need to find out whether their clients can understand English, as spoken and written in court proceedings. If a client has communication barriers, those obstacles should be brought to the court’s immediate attention. Importantly, courts should not charge the costs of interpretation to the party, due to the chilling effect such cost shifting might have on a valid request for an interpreter. Finally, courts and their staffs, including probation departments, should be knowledgeable about Ohio’s rules and protocols for foreign language interpretation.

December 2017 Dayton Bar Briefs


law-related organizations

Greater Dayton Volunteer Lawyers Project

Who Says an Old Dog Can’t Learn New Tricks?


he Greater Dayton Volunteer Lawyers Project (VLP) has been a steadfast member of the legal community in the Miami Valley for over 28 years. In that time the office has had a staff of one, two or three individuals depending on budget constraints but through the gracious funding of Montgomery County VLP grew to a staff of four for the first time ever in September 2017! Executive Director Kelly Henrici is happy to be the overseer of this new adventure and the master of working out the details with reporting statistics and outcomes. Kelly, with the help of VLP staff members Kathy Miller and Tom Snelling are pleased to announce the hiring of Christina Strong. Christina is a Sinclair paralegal school graduate, has had experience in many types of law and comes to VLP with a passion for helping people overcome their legal issues. Specifically, this increase in funding and staffing will allow VLP to continue its current offerings but widen the number of individuals helped and to provide more concentrated assistance. For example, VLP is a part of the domestic violence collaborative with Artemis. This collaborative allows VLP to go up to 200% of poverty (the Federal requirement is only 125%) to provide assistance with divorce to individuals who have suffered domestic violence during their marriage. For the past eleven years, Kathy has been responsible for all the divorce clinics, as well as the bankruptcy clinics. With the hiring of Christina, Kathy will be responsible for only divorce clinics and will be able to concentrate her efforts on perfecting the divorce process for Montgomery County as well as the six outer counties served by VLP (Preble, Darke, Miami, Champaign, Clark and Greene).

Tom’s efforts have been extremely varied in the past – anything from expungment clinics to landlord tenant clinics to juvenile pro se clinics – a man wearing many hats. This new funding and the new addition to the staff will allow him to be responsible for the stable employment collaborative with Daybreak, which involves holistic service to those focused on employment stability. He will continue to run Montgomery County juvenile pro se clinics while Christina assumes administrative duties. In addition to being responsible for bankruptcy matters, Christina will assume responsibility for Debt Collection Defense Clinic, providing holistic debt related services. Debt Collection is a comprehensive clinic that helps individuals with their debt issues whether that is pleadings to file pro se or counseling for bankruptcy preparation. This is a good fit for Christina because it goes hand and hand with her running of bankruptcy clinics. Christina will also be taking over probate counsel and advice clinics and eventually, the landlord tenant clinic. VLP is moving, shaking and growing. If you would like to be a part of what is going on please email or call the office for a list of all the opportunities for volunteering that are available to you. So what is the new trick that the old dog has learned? Mostly the trick is how to fit four people in the same space that previously only housed one, two and then three team members. Next time you’re here stop in and see how we are makBy Kathleen Miller ing it all work. Paralegal Greater Dayton VLP

Countless Men, Women and Children are Denied Justice Every Day Simply Because They are Poor Please tell us what you are willing to accept as pro bono work. Personal Representation of an Indigent Client: Divorce/Family Law Bankruptcy Consumer Issues Contract/Warranty disputes SS, SSI, SSD Tort Defenses Predatory Lending Stalking Protection Orders Civil Protection Orders Wage Claims Employment Disputes Guardianships Probate Homeownership Disputes Landlord/Tenant Disputes Health Care (Insurance Claims, Nursing Home Issues Other Or, you can choose from the options below: Acceptance of 1-2 Clinics (Batched Cases) per year - GDVLP provides paralegal, secretarial and runner services for these cases. Please specify Divorce, Chapter 7 Bankruptcy, or Expungement Assistance to 1-2 Non Profit Corporations in the Western Ohio Region Acceptance of 3-5 Guardianships with guardians provided through The Guardianship Program (person only) In addition: I will be available to provide pro bono civil legal assistance to victims if there is a community emergency (tornado, natural disaster) Please return this form to VLP: By Mail: 610 Performance Place, 109 N. Main St., Dayton OH 45402 28

Dayton Bar Briefs December 2017

By Fax: to (937) 461-4731 By E-mail: kelly@gdvlp.org

By Phone: (937) 461-3857

Name:________________________________________________ Firm:_________________________________________________ Address:______________________________________________ Preferred County for Pro Bono Service:_____________________ Phone:_______________________ Fax:____________________ Email:________________________________________________ Attorney Registration #:__________________________________ As of January 2014 every 6 hrs of pro bono service through an approved pro bono provider will give you 1 hr of CLE credit to a maximum of 6 hrs of CLE credit (36 hrs of pro bono). GDVLP will send your hrs to the Ohio Supreme Court and notify you of the same.


Thurgood Marshall Law Society How to Contact TMLS: President Robert L. Gresham Esq. 937-222-7477 rgresham@ yourohiolegalhelp.com

Vice-President Mag. Gerald Parker Jr. 937-496-7682 gparker@mcjcohio.org

Secretary Natasha L. Newberry Esq. 937-225-4253 newberryn@mcohio.org

Treasurer Ciara S. Parks Esq. 937-225-5768 parksc@mcohio.org

Send any email questions or concerns regarding TMLS to: thurgoodmarshalllawsocietydayton@yahoo.com

JOIN US Groups: Thurgood Marshall Law SocietyDayton


LIKE US Thurgood Marshall Law SocietyDayton

University of Dayton School of Law


members on the move If you are a member of the DBA and you’ve moved, been promoted, hired an associate, taken on a partner, received a promotion or award, or have other news to share, we’d like to hear from you. News of CLE presentations and political announcements are not accepted. Members on the Move announcements are printed at no cost, and must be submitted via email and are subject to editing. We also request a current, high-resolution, directory-style photo to accompany your announcement. These monthly accouncements are printed as space is available. Send to DBA Communication Manager, Shayla M. Eggleton: publications@daybar.org.

Special National Designations

2018 Best Lawyers “Best Law Firms” List

The U.S. News – Best Lawyers "Best Law Firms" rankings are based on a rigorous evaluation process of client and lawyer evaluations, peer review, and other additional information. Firms included in the 2018 “Best Law Firms” list are recognized for professional excellence with persistently impressive ratings from clients and peers. This ranking signals a unique combination of quality law practice and breadth of legal expertise. “U.S. News has decades of experience evaluating key institutions in society – from colleges to hospitals,” says Tim Smart, executive editor at U.S. News. “Law firms perform a vital role in American life, and ranking them is a key extension of our overall mission to help individuals and companies alike make important decisions.” To be eligible for this ranking, a firm must have a lawyer listed in The Best Lawyers in America, which represents the top 4 percent of practicing attorneys in the U.S. Join the DBA in congratulating your fellow members of the Dayton legal community, who were awarded the 2018 "Best Law Firms" List:

Dinsmore & Shohl LLP Faruki Ireland Cox Rhinehart & Dusing PLL Freund, Freeze & Arnold LPA


Dayton Bar Briefs December 2017

DINSMORE & SHOHL LLP has earned top honors in the latest edition of U.S. News - Best Lawyers 2018 "Best Law Firms" rankings. Dinsmore received six tier 1 national listings for Commercial Litigation, Corporate, Mass Tort Litigation/Class Actions – Defendants, Mining Law, Natural Resources Law and Public Finance Law. The firm also received 118 first-tier metropolitan listings. Dinsmore’s Dayton office received 10 Metropolitan tier 1 rankings including: Commercial Litigation; Corporate Law; Litigation - Labor & Employment; Litigation - Trusts & Estates; Mergers & Acquisitions Law; Patent Law; Real Estate Law; Tax Law; Trademark Law and Trusts & Estates Law. Dayton also received nine Metropolitan tier 2 rankings, including Employment Law - Management Environmental Law, Labor Law – Management, Litigation – Antitrust, Litigation – Construction, Litigation – Environmental, Litigation - Intellectual Property, Litigation Real Estate and Litigation – Tax. FARUKI IRELAND COX RHINEHART & DUSING PLL was recently named to 2018’s U.S. News — Best Lawyers “Best Law Firms” List. Faruki+ received merit in the Dayton metropolitan area for five practice areas, all receiving tier 1 and tier 2 rankings. Faruki+ also has an office located in the Cincinnati market. FREUND, FREEZE & ARNOLD has been recognized by Best Lawyers and U.S. News as a 2018 “Best Law Firm.” Freund, Freeze & Arnold has seven Best Lawyers, including Gordon D. Arnold, Susan Blasik-Miller, Christopher W. Carrigg, Stephen V. Freeze, Neil F. Freund, Sandra R. McIntosh, and Mark L. Schumacher. The firm’s Dayton office rankings include: Tier 1: Insurance Law, Litigation – Construction, Litigation – Municipal, Medical Malpractice Law – Defendants, Personal Injury Litigation – Defendants Tier 2: Commercial Litigation, Litigation – Trusts & Estates and Tier 3: Litigation – Real Estate. SEBALY SHILLITO + DYER is pleased to announce Attorney Russell Knowles has joined the firm as an associate in the Corporate Department. Russell a Willshire, Ohio native, recently graduated from UDSL. While there, Russell thoroughly enjoyed his position as Managing Editor for the University of Dayton Law Review and spearheaded a group of first year students through a weekly course in which he gave insight and instruction on how to effectively navigate the waters of law school.



For info concerning Classified Ad and Display Ad Space in the Dayton Bar Briefs or any other DBA Publication, contact DBA Publications Manager, Shayla M. Eggleton: publications@daybar.org or 937.222.7902. Discount Rates available for consecutive and/or combined Online + Display + Classified advertising!



Oversee all the guardianship functions in the Court. To preside over hearings on behalf of the Probate Judge. This is highly responsible, professional legal work involving the performance of both judicial and administrative duties. Work involves analyzing and ruling on a multitude of legal issues while being directly accountable to the Probate Judge. Send resume via email to heukerg@mcohio.org or US. Postal Service to Montgomery County Probate Court, 41 N. Perry Street, Dayton, OH 45422.


contact Shayla about DBA Advertising opportunities: publications@daybar.org 937.222.7902

advertiser index

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

ComDoc Inc...............................................9


Elizabeth Diamond Company ..............21

Eikenbary Trust.....................................27

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

Ferneding Insurance.................................9


National Processing Solutions.............19

Very convenient, reasonable Kettering office available. Contact Mike Conway (937)2948807.


1204 East Dorothy Lane. Four offices available at $600/month/office. Furnished or unfurnished. Take one, two, three or four offices. Rent includes all utilities, two remodeled baths, secretarial area, reception area, conference room, Dayton Racquet Club athletic membership. About 2400 sq. ft. Email dave@SchmidtDayton.com for info and pics.

LCNB Bank................................................19 The Lipp Firm Co., LPA..............................9 Miller Creative Strategies........................7 OBLIC...........................................backcover R.L. Emmons & Associates.......................5 Rogers McNay Insurance.......................31 Trisha M. Duff - Mediations...................27


Professional office condo space for lease. 1300' sq at 842-B East Franklin Street, Centerville. Reasonable rate, flexible terms. Large open area, two individual offices, break room, private rest room, individual entrance, at the door parking. Contact Lisa Whitney, R.L. Emmons and Associates, 937-438-0500 or emmonspi@aol.com.


December 2017 Dayton Bar Briefs


Dayton Bar Association 600 Performance Place 109 N. Main St. Dayton, OH 45402â&#x20AC;&#x201C;1129 ADDRESS SERVICE REQUESTED


Profile for Dayton Bar Association

December 2017 small file  

December 2017 small file